Effective from 06/22/2026.
*IMPORTANT INFORMATION*
PLEASE READ THIS INFORMATION BEFORE YOU MOVE ON TO THE REMAINDER OF THESE GENERAL TERMS AND CONDITIONS
THESE TERMS AND THE USE OF OUR SERVICES ARE SUBJECT TO AN ARBITRATION AGREEMENT AND A WAIVER OF CLASS ACTION RIGHTS AS FURTHER DETAILED IN SECTION 30 BELOW (THE “ARBITRATION AGREEMENT”). THE ARBITRATION AGREEMENT CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED. THE ARBITRATION AGREEMENT WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT AS SPECIFICALLY ADDRESSED BELOW. THESE TERMS ALSO PROVIDE THAT (i) YOU AND WE WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST THE OTHER ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING IN ARBITRATION OR IN COURT, AND (ii) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
THESE TERMS ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS FURTHER DETAILED IN SECTION 29 BELOW.
Everything contained in these Terms (see Section 1.2 below for how “Terms” is defined) is important and should be read by you, but we would like to draw your attention in particular to the following Sections in these General Terms and Conditions (“General Terms and Conditions” is defined in Section 1.2 below) and the important terms and conditions that they contain. These Sections in particular have the potential to affect your interests. It is important that you read the Sections themselves and not rely on the short summaries below:
By registering for an Account (defined in Section 4.1 below) and/or accessing or using any part of the Services (defined in Section 1.1 below) you are entering into a legally binding contract. That contract is between you and us, and it incorporates all the terms, conditions, rules, and documents forming the “Terms” (explained and defined in Section 1.2 below). Please read Section 1 carefully.
You must be twenty-one (21) or over and meet certain other eligibility criteria and requirements to register for an Account and use the Services. Please read Section 4 carefully.
We will need to complete our Verification Checks (defined in Section 6.1) before you can do certain things in connection with your Account. We may also run Verification Checks on an ongoing basis after your Account has been opened. If we’re unable to complete our Verification Checks to our reasonable satisfaction, we will have the right to suspend and, ultimately, to close your Account, and we may pass on any necessary information to the relevant authorities. Please read Section 6 carefully.
You may only register for one Account. If we discover that you have opened and/or operated more than one Account (which we call a “Duplicate Account”), we will have certain rights, including the right to close your Duplicate Account(s) (and in some circumstances your original Account too) and to void Transactions (defined in Section 4.1 below), Promos (defined in Section 13 below) and/or winnings. Please read Section 8 carefully.
Withdrawing your funds: You will usually be able to withdraw your available balance at any time, but there are certain circumstances in which we will be entitled to delay or withhold withdrawals. Please read Section 11 carefully.
Maximum winnings limits apply to our Services: This means that, regardless of the amounts of your Bets, and no matter how much you appear to have “won”, you will only be entitled to receive up to the maximum winnings limit. Please read Section 11.5 carefully.
We do not have to accept your Bets: We are entitled to decline to accept all, or part, of any Transaction (defined in Section 4.1). If we decline all or part of a Transaction, we may offer a different/amended Transaction (e.g., on different odds) in place of the declined part of the Transaction, which part you are free to accept or decline as you wish. We do not have to tell you our reasons for taking these actions. Please read Section 12.1 carefully.
We may suspend markets/settlement and/or declare Transactions void in certain circumstances: such as, for example, where the integrity of an event has been called into question, or we suspect that the Transaction has been affected by match/game fixing, price or pool manipulation, other forms of cheating, or other suspicious activity. Please read Section 14 carefully.
We will not tolerate fraudulent activity, cheating, or any other “Prohibited Activities” (defined in Section 16 below). If you do any of these things, we will have certain rights, including the right to suspend and, ultimately, close your Account, to void relevant Transactions and/or to withhold funds (including winnings). Please read Section 16 and Section 17 carefully.
Errors, Malfunctions, and Interruptions: If any part of the Services suffers an Error, Malfunction, or Interruption (as each of those terms are defined in Section 22 below) we have certain rights including (but not limited to) the right to suspend the affected event/market while we investigate and/or void affected Transactions. This includes circumstances where the problem is not obvious to you or us and is only discovered by us when we check or verify the result of a Transaction and/or gameplay retrospectively. Please read Section 22 carefully.
In certain circumstances, our liability to you is limited or excluded: When you access and use the Services, it is important that you understand what we are liable for, when limits to our liability will apply (and what those limits are), and what we are not liable for. It is also important that you understand that we will not be liable to you under these Terms, and nor do we owe you a duty of care, in respect of our compliance or otherwise with any regulatory obligations that we may be under from time to time, including those relating to “responsible gaming”, “social responsibility” or similar. Please read Section 23 carefully.
Your obligation to compensate us. You may be required to compensate us if we suffer losses because you have engaged in a Prohibited Activity. Please read Section 24 carefully.
We may sometimes take actions in relation to your Account for legal and/or regulatory reasons including where required to do so by the terms of our license and/or a regulatory authority. These actions include running certain Verification Checks, restricting/closing your Account, and preventing you from taking up Promos and/or completing Promos. Please read Sections 6, 13.5, and 17.4 carefully.
Contents
1. Introduction - These General Terms and Conditions and Other Important Terms that Apply to You
2. Who We Are
3. Changes To These Terms and/or the Services
4. Account Eligibility and Registration
5. Account Opening
6. Account Verification
7. Account Security
8. Duplicate Accounts
9. Dormant Accounts
10. Deposits and How Your Funds Are Held and Protected
11. Withdrawals
12. Placing Transactions and Transaction Confirmation
13. Promotions, Bonuses, and Promos
14. Transaction Settlement and Payouts, Including Our Right to Suspend Markets/Events, Taxes
15. Sports and Special Event Betting
16. Prohibited Activities
17. Suspension, Limitation, and Closure of Your Account by Us
18. Closing Your Own Account
19. Your Equipment
20. Software and Technology
21.Third Party Content
22. Malfunctions, Errors, and Interruptions
23. Our Liability to You
24. Your Responsibility to Us, Our Right of Set-Off
25. Responsible Gaming
26. Intellectual Property Rights
27. Privacy and Cookies
28. Other Important Legal Terms
29. Complaints and Disputes, Governing Law
30. Arbitration Agreement
1. Introduction - These General Terms and Conditions and Other Important Terms That Apply to You
1.1 When you register for an Account with us (“Account” is defined in Section 4.1 below) and/or use or access any of the Betting, Gaming and/or other products or services (including the bet365.com website and mobile application), and/or any other websites or applications that we own or operate (together the “Services”), you will be entering into a legally binding agreement with us.
1.2 Not all of the terms and conditions that apply between you and us are set out in these general terms and conditions (the “General Terms and Conditions”) – some of them are contained in separate documents in order to avoid these General Terms and Conditions becoming too long. We cross-refer to these other documents and provide you with links to the key sections below. They are still important terms which form part of the legal agreement between you and us, and you should read and understand them just like the rest of these General Terms and Conditions. These cross-referenced terms which (together with these General Terms and Conditions) form the binding agreement between you and us (which we refer to in this document as the/these "Terms") include the following:
(a) the Rules for sportsbook ("Sportsbook") products, available by clicking here;
(b) the Cash Out terms and conditions, available by clicking here;
(c) the maximum winnings limits that apply to our Services, available by clicking here.
(d) in addition to the general Promo terms set out in Section 13 below, the specific terms/rules for any Promo(s) that we offer from time to time, which terms/rules will be available on the relevant Promo page/s of the Website (“Promo(s)” is defined in Section 13.1 below).
1.3 In the event of any inconsistency between these General Terms and Conditions and the terms listed above, these General Terms and Conditions will (unless stated otherwise) to that extent prevail.
1.4 Please read the Terms carefully before registering for an Account or otherwise accessing any part of the Services. If you do not accept the Terms, you may not use, visit, or access any part of the Services.
2. Who We Are
2.1 References in these Terms to “bet365”, “we”, "our " or “us” shall mean Hillside (Kentucky) LLC, a limited liability company formed in Delaware with its registered office at 1209 Orange Street, Wilmington, Delaware 19801 and principal place of business at 1701 Platte Street, Floor 3, Denver, Colorado, 80202.
2.2 Hillside (Kentucky) LLC is licensed and regulated by the Kentucky Horse Racing and Gaming Corporation ('”KHRGC'').
2.3 The Services are operated and controlled by bet365 under an agreement with Revolutionary Racing Kentucky, LLC.
2.4 As we made clear in the “Important Information” section at the beginning of these General Terms and Conditions: notwithstanding our regulated status, we will not be liable to you under these Terms, and nor do we owe you a duty of care, in respect of our compliance or otherwise with any regulatory obligations that we may be under from time to time, including those relating to “responsible gaming”, “social responsibility” or similar.
3. Changes To These Terms and/or the Services
Changes to these Terms
3.1 We may change the Terms from time to time for a number of reasons including to comply with applicable laws and regulations, to reflect changes to the Services, for security purposes, and/or to reflect changes in our business practices or operations.
3.2 Minor or insubstantial changes may be made at any time and will become effective immediately on posting to this (or any other relevant) page and accordingly you are advised to review the Terms on a regular basis.
3.3 Material changes will be notified to you reasonably in advance of such changes taking effect, either by means of an in-Service notification or via email to your registered email address.
3.4 If you do not agree to any change in the Terms, you should immediately stop using the Services and close your Account. If you continue to use the Services after the date on which the changes to the Terms come into effect, you will be deemed to have accepted those changes.
Changes to the Services
3.5 We may make changes to, or modify, correct, suspend, add to, remove from, or discontinue, any aspect of the Services (or any part of them) from time to time without liability to you.
4. Account Eligibility and Registration
4.1 To use the Services and to make any bets, wagers, stakes, ("Bet(s)") and/or similar transactions (collectively referred to as “Transactions” and each individually referred to as a "Transaction"), you must first register and be accepted for an Account with us (“Account”).
4.2 To be eligible to open an Account and use the Services, you must meet all of the following criteria and by registering for an Account you promise to us that you:
(a) are over twenty-one (21) years of age or older and of legal capacity to enter into these Terms and use the Services;
(b) are acting solely for your own personal use in connection with your Account and your use of the Services (i.e., you are not acting on behalf of any other person or entity);
(c) are not self-excluded from gambling (whether directly with us, through a regulator, or otherwise) and are not otherwise prohibited for any reason from gambling or from using the Services;
(d) do not already have an open Account with us (see Section 8 below for more information about Duplicate Accounts);
(e) accept that there is a risk of losing money when using the Services and you are responsible for any such loss;
(f) are not a bet365 employee or related to a bet365 employee;
(g) are not senior management of a bet365 third party supplier; and
(h) have not previously had an Account with us (or any member of our corporate group) which we (or that member) have restricted or closed for any reason.
4.3 You will not be permitted to use the bet365 Services if you are considered to be a ''Prohibited Patron'' as defined in the Kentucky sports wagering regulations.
4.4 It is a criminal offense for anyone underage to participate in betting or wagering games online ("Betting"), and no one under the age of twenty-one (21) is permitted to use the Services. We reserve the right in our sole discretion to request proof of age or re-confirm such information from you at any time. We may terminate your account and prohibit you from using the Services if proof of age is not provided or if we suspect that you are not at least twenty-one (21) years old.
4.5 There are Federal prohibitions and restrictions regarding Betting, specifically, any limitations upon Betting as set forth in 18 U.S.C. §§ 1084 et seq. (The Wire Act) and 31 U.S.C. §§ 5361 through 5366 (UIEGA). It is a federal offense and a violation of Kentucky law and/or regulation (KRS § 230.805(g)) for persons physically located outside of the Commonwealth of Kentucky to engage in internet or mobile Betting in the Commonwealth of Kentucky. In order to participate in Betting offered through the Services, you must be physically located in the Commonwealth of Kentucky. You agree that you will not attempt to participate in such Betting while physically located outside of the Commonwealth of Kentucky unless explicitly authorized by the KHRGC, and acknowledge that any such attempt could result in enforcement actions against you. We, our third-party service providers, and the KHRGC will utilize tracking technologies to verify and record your physical location when you are participating or are attempting to participate in Betting through the Services (''Geolocation Technologies''). These Geolocation Technologies will report the physical location of the device you are using to participate in Betting through the Services to us. By registering for an Account through the Services and/or by using the Services, you consent to the above-described uses of Geolocation Technologies, and to storage of records confirming your location within the Commonwealth of Kentucky for up to five (5) years as required by applicable law.
5. Account Opening
5.1 To register for an Account, you must complete the required registration form by providing certain personal information.
5.2 All information supplied by you when registering for an Account must be complete, accurate, and not misleading in all respects.
5.3 You must keep your registration and Account details up to date. This, and your Account information, may be amended in the “My Account” section when logged into your Account or by contacting us. It is particularly important that you update us about any information that affects your use of the Services (for example, your payment method and contact details) as quickly as possible. If you require any assistance, please Contact Us.
5.4 By registering for an Account, you promise and confirm to us that you meet the eligibility criteria in Section 4 above, and that all information you provide when registering for an Account (and subsequently) is complete, accurate, and not misleading.
5.5 We are not obliged to accept the registration for an Account.
6. Account Verification
6.1 We are required to undertake certain checks to comply with our legal and regulatory obligations – for example, to verify your age, identity, address, location, financial circumstances, and the source of the funds you deposit and use – and we may also undertake other credit, fraud prevention, and verification checks (together “Verification Checks”). We may ask you to provide various pieces of information and supporting documentation to enable us to carry out these Verification Checks, for example (but without limitation) a copy of your passport, driver’s license, birth certificate, financial statements, documents to support the expenditure on your Account, proof of address and/or any other documents/evidence that we may reasonably require.
6.2 Underage gambling is a criminal offense. If we discover (after you've opened an Account) that you are under twenty-one (21) years of age:
(a) your Account will be closed;
(b) any deposits you have made will be returned to you;
(c) all Transactions made via your Account will be void; and
(d) we may make a report to the relevant regulatory or law enforcement authorities.
6.3 By registering for an Account, you acknowledge and agree that we are entitled to conduct any Verification Checks that we may reasonably require and/or are required by applicable laws/regulations. We will carry out Verification Checks during Account registration, and we may also need to carry out additional/enhanced Verification Checks at certain points afterwards; for example, where particular financial thresholds are reached and/or if certain risk factors arise or change, in each/either case as reasonably required for us to comply with our legal and regulatory obligations. You agree to promptly provide any information/documentation we may reasonably request in relation to such Verification Checks.
6.4 Until we have received all requested information/documents and completed our Verification Checks to our reasonable satisfaction, we will restrict or place limits on your Account in any manner that we reasonably deem to be appropriate, including by preventing you from accessing the Services, entering into any Transactions, or from making withdrawals. If our Verification Checks cannot be completed to our reasonable satisfaction, your Account will be suspended and, ultimately, may be permanently closed. In this event, we may also be required by applicable regulation and/or a relevant authority to withhold funds in your Account.
6.5 We may supply the information that you have given us to authorized credit reference agencies, fraud prevention agencies, and/or other authorized third parties for use in identification and credit checks and for fraud detection and prevention purposes. We may also share your information with our regulators.
6.6 Your personal information will be processed in accordance with our Privacy Policy (see Section 27 below).
7. Account Security
7.1 We allow our customers to choose their own username/email and password combination for their Account, as well as a 4 digit passcode for accessing bet365 apps on their mobile devices (together the “Login Credentials”).
7.2 You must keep your Login Credentials secret and confidential at all times and never share them with someone else.
7.3 You are responsible for all Transactions made via your Account and any other activities taking place on/via your Account where your Login Credentials have been entered correctly and/or if your Account has been accessed via Touch ID, Fingerprint log in, Face ID, Passcode, “Keep me logged in”, or any similar feature on your device(s) (and in each of these cases, whether or not authorized by you).
7.4 We recommend that you change your Login Credentials regularly. If, at any time, you suspect that someone else is aware of your Login Credentials, you should change them immediately via your Account settings. If you forget part or all of your Login Credentials, please Contact Us.
7.5 If you activate Touch ID, Fingerprint log in, Face ID, Passcode, “Keep me logged in” and/or any similar feature on your device(s) and you suspect that someone else could be accessing your Account via any of these features, you should immediately disable the relevant features from your device(s) and Contact Us.
7.6 Please note that cardholder details and any other sensitive data should never be sent to us by unencrypted email. If you need assistance with sending encrypted emails or sending us sensitive data please Contact Us.
7.7 The current balance and Transaction history of your Account may be viewed at any time once you have logged into your Account.
7.8 You authorize your wireless carrier to use or disclose information about your account and your wireless device, if available, to Hillside (Kentucky) LLC or its service provider for the duration of your business relationship, solely to help them identify you or your wireless device and to prevent fraud. See our Privacy Policy for how we treat your data.
8. Duplicate Accounts
8.1 You may open only one Account. If we discover or have reason to believe that you have opened more than one Account, each such additional Account will be classified as a “Duplicate Account”. We are entitled, in respect of each Duplicate Account:
(a) to close such Duplicate Account leaving you with only the original Account (unless we have reason – for example if you have deliberately or fraudulently opened more than one active Account – to close all your Accounts);
(b) to treat all Promos using the Duplicate Account (and if applicable the original Account), and all winnings accrued from such Promos, as void; and
(c) to void all unsettled and/or future Transactions on the Duplicate Account (and all winnings accrued from such Transactions).
9. Dormant Accounts
9.1 We will treat your Account as “Dormant” if you do not log in for a consecutive period of at least two (2) years.
9.2 If the balance in your Account is zero at the time it is classified as Dormant, it will be closed and no fee will apply. However, if you have a positive balance in your Account, we will attempt to notify you using the details you provided during your registration process (or as later updated by you) to return the balance back to you.
9.3 For security reasons, we may need to confirm that the details of your last payment method are still correct prior to us being able to return the balance back to it. Should it not be possible to return the balance back to your last payment method, you will be required to provide details of a bank account in your name that we can verify and return the balance to.
9.4 If your Account remains Dormant, we will close your account. Following closure of your account, we will attempt to contact you again. If you do not claim your funds within six (6) months following the date of your account’s closure, and any unclaimed funds may be forfeited and remitted in accordance with applicable state law and/or regulation.
9.5 You can “reactivate” a Dormant Account by logging in to the Account.
10. Deposits and How Your Funds Are Held and Protected
Deposits
10.1 You may only make Transactions of/up to the amount of cleared funds held in your Account. This means that, if you want to make Transactions via your Account, you must deposit funds into that Account. Transactions which may inadvertently have been accepted when the Account did not have sufficient funds to cover the Transaction will be void.
10.2 Further details of how to deposit can be found by clicking here. We are entitled to withdraw and/or restrict certain payment/deposit methods at any time without notice or liability to you.
10.3 You may only deposit funds into your Account from a payment source where you are the named account holder.
10.4 We do not charge for deposits made by Debit Card. However, please be aware that some card issuers consider betting transactions as “cash” payments and therefore may charge you a cash advance fee. Please check with your card issuer for further details.
How your funds are held and protected
10.5 By depositing funds into your Account, you direct us and we agree to hold such funds, along with any winnings, for the sole and specific purpose of using them (i) to place your sports Bets and Gaming Bets; and (ii) settling any fees or charges that you might incur in connection with the use of our services (the “Purpose”). All funds that we hold for you are held in separate designated customer bank accounts to be used solely for the Purpose.
10.6 We are not a bank, and you may not use your Account to hold funds which are not intended to be used for the Services. Funds in your Account do not bear interest and no credit will be offered by us (meaning that all Transactions must be supported by sufficient funds in your Account).
Account Statements
10.7 Upon your reasonable request, we will make available to you a copy of your account statement, detailing your account activity (including game play history). You hereby consent to the monitoring and recording by us, our third-party service providers, and the KHRGC of all Betting communications you make through the Services.
11. Withdrawals
11.1 You may withdraw any cleared real money balance in your Account at any time, provided that:
(a) all payments made into your Account have been confirmed as cleared and have not been charged-back, reversed, or otherwise canceled;
(b) we have completed our Verification Checks to our reasonable satisfaction (see Section 6 above). Where we have requested information from you to carry out these Verification Checks (see Section 6.3 above), any delay in providing this information may cause delay when withdrawing funds;
(c) we are not required to withhold payments of your deposit and/or winnings by applicable law or regulation and/or have not been instructed to do so by a regulator; and
(d) there is currently no ongoing, or completed (save where completed and decided in your favor), investigation:
(i) into an Error, Interruption, or Malfunction (as those terms are defined in Section 22 below) involving any aspect of the Services which you have used; or
(ii) where we have reasonable grounds to believe you have engaged in a Prohibited Activity (defined in Section 16.2 below) which would entitle us to withhold funds in accordance with Section 17.5 below,
and in the case of (a) and (b) above, you acknowledge and understand that, as we made clear in the “Important Information” section at the beginning of these General Terms and Conditions, we are ultimately entitled to void any affected Transactions, withhold funds (including any winnings) and (in the case of illegal or Prohibited Activities) suspend and, ultimately, close your Account.
11.2 Withdrawal payments can only be made in the name of and to the registered Account holder. You are prohibited from transferring or selling your account or account balance.
11.3 For most payment types, withdrawals can be processed by clicking “Withdraw” within your Account settings, subject to there being sufficient cleared funds in your Account and save where these Terms require or entitle us to withhold funds (as explained in Section 11.1 above). Authorized withdrawals will usually be processed back to the same payment method that was used to deposit funds into the Account save that, where the balance is funded from more than one payment method, the withdrawal will be split between such payment methods pro rata.
11.4 We don’t impose a maximum withdrawal amount per day, but specific withdrawal methods carry their own maximum per-transaction limits. Please refer to the Withdrawals by clicking here for more details.
11.5 As we made clear in the “Important Information” section at the beginning of these General Terms and Conditions, maximum winnings limits apply to the Services and these limits apply regardless of the amount you have Bet, on those Services. This means that, regardless of the amount you Bet and no matter how much you appear to have “won” as a result of a Transaction, you will only be entitled to receive up to the applicable maximum winnings limit. Our current Maximum Winnings can be found by clicking here.
12. Placing Transactions and Transaction Confirmation
Placing Transactions
12.1 We are entitled to decline to accept all, or part, of any Transaction requested by you via the Services in our discretion. If we decline all or part of a Transaction, we may – but are not obliged to – offer you a different/amended Transaction in place of the decided part of the Transaction (e.g., different odds) and you are free to accept or decline this different/amended part of the Transaction as you wish. We are not obliged to tell you why we have declined to accept a Transaction, or why we have offered a different/amended Transaction.
12.2 We only accept Transactions made online (including via mobile app) or (in exceptional cases where we have agreed in advance) by telephone. Transactions are not accepted in any other form (mail, email, fax, etc.) and where received, will be invalid and void - win or lose.
12.3 It is your responsibility to ensure the details of your Transactions are correct. Once Transactions have been placed, they may not be canceled by you.
12.4 Where “Find my Game” is used to search and navigate to a Live betting list for a televised game, please ensure you check the Bet Slip before placing a Bet. It is the responsibility of the customer to ensure the correct coupon is loaded for the required event. Once Bets have been placed they may not be canceled by the customer.
12.5 Your funds will be allocated to particular Transactions in the order they are placed and will not then be available for any other use. Transactions placed using funds that have already been allocated to one or more other Transactions will be void.
Transaction Confirmation
12.6 Transactions will not be valid if there are insufficient funds in your Account to cover the Transaction.
12.7 Any Transaction that you request online or via our app/s will be valid only once accepted by our servers and subject to our having received payment in full (see Section 12.8). Each valid Transaction will receive a unique Transaction code. We will not be liable for the settlement of any Transactions which are not issued with a unique Transaction code, because these Transactions are not valid. If you are unsure about the validity of a Transaction, please check your Account history, or Contact Us.
12.8 Transactions are not valid until we have received cleared payment in full. Transactions will automatically be void if we have not received the payment prior to the relevant event commencing.
12.9 Should a dispute arise, you and we agree that our Transaction log database will be the ultimate authority in such matters.
Disconnection
12.10. The following provisions apply in the event you are disconnected while using the Services:
(a) If the activity requires no additional action or input on your part at the time you are disconnected, the applicable game or product will produce the final outcome (as determined by the random number generator, if applicable), and when you reconnect to the Services and re-enter the game you were playing at the time you were disconnected, the final outcome will be available for your review.
(b) If the activity requires additional action or input on your part at the time you are disconnected in order to complete the game, the applicable game or product will not produce a final outcome, and when you reconnect to the Services, you can return to the game and complete the action or input necessary to produce the final game result.
(c) If you attempt to reconnect to the Services outside the Commonwealth of Kentucky, or our Geolocation Technologies cannot verify your physical presence in the Commonwealth of Kentucky when you reconnect, any games in progress at the time you reconnect will produce a final outcome, if possible, and the game play session will immediately and automatically terminate.
13. Promotions, Bonuses, and Promos
13.1 We may offer certain bonuses, offers, and/or promotions from time to time via the Services, including (without limitation) Bonus Bet, Bonus Bets, spins, golden chips, cash prizes, tangible prizes, store cards, rebates, cashback (each an “Promo” and together “Promos”).
13.2 All Promos are subject to these Terms, which, as explained in Section 1.2 above, includes the specific terms/rules for any Promos.
13.3 Each Promo is limited to one per person.
13.4 We may withdraw, amend, or cancel any Promo at any time and without notice. If we do so (and save in the circumstances outlined in Section 13.5 below), any Promos that you have opted in for or otherwise accrued will still be valid in accordance with and subject to the relevant Promo Terms that applied at the time of their offer.
13.5 We may also prevent the take-up of new Promos and/or the completion of Promos for legal and regulatory reasons, including but not limited to those relating to responsible gaming.
14. Transaction Settlement and Payouts, Including Our Right to Suspend Markets/Events, Taxes
14.1 As explained in Section 1.2 above, Transactions are subject to our maximum winnings limits, which form part of these Terms. Additional information on the settlement and payment of winnings can be found in our House Rules, which are available by clicking here.
14.2 You are responsible for reporting your winnings and losses to the tax and/or other authorities in your jurisdiction and paying all associated tax liabilities.
14.3 Settlement of Transactions on American sports: In all cases, Transactions on American sports will be settled using statistics and results as provided by each sport's governing body (obvious errors excepted).
14.4 As discussed below, we report gambling winnings, and where applicable, federal and/or state tax withholdings to the Internal Revenue Service (IRS) and the appropriate state governmental and/or tax authorities via Form W-2G as required by law for Sportsbook products.
(a) Any Sportsbook Bet which results in winnings (reduced by the Bet amount) that meet the applicable reporting standards established by the Internal Revenue Code (IRC) and associated Treasury Regulations is subject to reporting via Form W-2G. In addition, we are required to withhold taxes on any Sportsbook Bet that results in winnings (reduced by the Bet amount) that meet the applicable withholding standards established by the IRC and associated Treasury Regulations and/or by applicable state law. We withhold a percentage of your reportable winnings and remit such amount to the IRS. The amount that we withhold and remit is subject to change as required by law, but as of January 1, 2026 we withhold 24%. Where and when applicable, we also withhold the applicable percentage of the reportable winnings and remit such amount to the appropriate state governmental and/or tax authorities.
14.5 We report non-Betting winnings and other reportable cash and non-cash prize and awards payments to the IRS and appropriate state governmental and/or tax authorities (as applicable) via Form 1099 as required by law.
14.6 If you are subject to IRS reporting or withholding requirements, we will provide you with the required Forms W-2G and/or 1099 (as applicable) summarizing the required information about your reportable winnings, prize(s), and/or award(s) for tax purposes by January 31st of the year following the end of the tax year during which those winnings, prize(s), and/or award(s) were earned.
14.7 You hereby affirmatively consent to receiving all your tax-related documents, including any IRS Forms W-2G and/or 1099 electronically. Tax-related documents will remain available electronically for at least three years after the date the document is first made available to you electronically. To request electronic copies of your tax-related documents for prior years, please Contact Us.
14.8 In addition to consenting to and obtaining electronic copies, to request additional paper copies of your tax-related documents, please Contact Us. Requesting a paper copy of your tax-related documents will not be considered a withdrawal of your consent for paperless delivery. To begin regularly receiving paper copies of your future tax-related documents, you must formally withdraw consent by following the steps outlined in Section 14.10 below.
14.9 You agree to notify us promptly if your e-mail address or other account information changes by updating your Account information on the Services or by Contacting Us. For information that is required by law to be sent to you, including Forms W-2G and 1099, if we receive an electronic notice that an e-mail is undeliverable due to an incorrect or inoperable e-mail address, we will resend such information via U.S. Postal Service or other permissible delivery service to your address on file.
14.10 You may withdraw your consent to paperless delivery of future tax-related documents by Contacting Us. We may take up to 15 business days to process a request to withdraw consent to paperless delivery of future tax-related documents.
14.11 To access your electronic tax-related documents, you need to be able to read Adobe PDF files. To do this, you must have Adobe Acrobat Reader installed on your computer. It can be downloaded for free at http://get.adobe.com/reader/. You also need to have a computer with Internet access that supports the use of a browser that supports 128-bit encryption, and you will need to have JavaScript enabled in your browser. You need hardware as necessary to support this software. In order to keep copies for your records, you will need to have access to a printer or have the ability to download information.
14.12 We reserve the right to stop paperless delivery of your tax-related documents at any time by giving you notice. If we choose to do so, we will send you paper copies of all future tax-related documents via U.S. Postal Service or other permissible delivery service to your address on file.
15. Sports and Special Event Betting
15.1 We accept Transactions for sporting and other special events that are advertised on the Services. All such Transactions are subject to the rules applicable to each sport, e.g., Soccer, Tennis, Boxing, etc. In a match/game between two teams where the participants are named, if any player is replaced prior to the match/game starting, all match/game Transactions placed prior to the change and relating to the replaced/non-starting player will be void, win or lose. Our general betting rules will apply to any situations not covered by the special rules.
15.2 Where the official result of a market is a tie and no price was quoted for that eventuality, all Transactions on participants involved in the tie will be void and Bets will be returned.
15.3 The result of a match, game, or event will be determined on the day of its conclusion for betting purposes, subject to confirmation by the relevant sport's governing body. Any subsequent inquiry that may result in an overturned decision will not be recognized by bet365, and original settlement of Transactions will stand.
15.4 If a match, game, or event’s venue is changed (other than to the away team's venue) then Bets already placed will stand providing the home team is still designated as such. If the home and away team for a listed match are reversed (e.g. match is played at the original away team's venue) then Bets placed based on the original listing will be void, unless otherwise stated.
15.5 Next to Start - For specified sports we have a list, listing odds on Betting opportunities within specified time frames of the next 15/30/60 minutes and 2/3 hours (such time frames are subject to change). Transactions will stand irrespective of whether the time of the event changes.
16. Prohibited Activities
16.1 You may only use the Services and your Account for lawful gambling purposes in accordance with these Terms. You must not engage in any activity which we define below as a “Prohibited Activity” and you acknowledge and understand that the consequences of you doing so will (depending on the specific circumstances) include the voiding of any relevant Transactions, the withholding of any attributable winnings, and the suspension and/or closure of your Account. You may also be liable to compensate us for losses suffered by us as a result of you engaging in a Prohibited Activity (see Section 24 below).
16.2 The following activities (including any attempt to engage in the following activities) are each defined as a “Prohibited Activity”:
(a) if you deliberately attempt to circumvent our Responsible Gaming policies and procedures;
(b) if we discover or have reason to believe that you have used the Services in a fraudulent manner and/or for illegal and/or unlawful purposes;
(c) if you repeatedly exceed our daily Account login limit;
(d) if we discover or have reason to believe that you have engaged in a Betting strategy that exploits differences in odds between different sportsbooks, or that involves placing Bets on all possible outcomes of an event, in either case in order to guarantee a profit regardless of the outcome of the event (sometimes referred to as “arbitrage” or “arbing”);
(e) if we discover or have reason to believe that you are depositing or withdrawing money, or otherwise using the Services, without genuine play/Betting;
(f) if we discover or have reason to believe that you have used the Services in an unfair manner, including if you have cheated, colluded, or taken unfair advantage of us, the Services, or any other user of the Services;
(g) if we discover or have reason to believe that your Account is being used for the benefit or on behalf of a third party and/or if you are using the Services other than for your own personal and recreational use (including if you are using any third party’s Account);
(h) if we discover or have reason to believe that you are depositing funds into your Account without the intention to place Transactions;
(i) if the name on your Account differs from the name on the payment method used to make deposits to your Account;
(j) if you are using or attempting to use a VPN or similar technology to disguise your location;
(k) if we have received a “charge back”, “denial”, “reversal” and/or “return” notification via a deposit mechanism used on your Account;
(l) if you misuse any Promos, including if we discover or have reason to believe that you are taking unfair advantage of, or are exploiting or manipulating, any Promos or you otherwise breach the Promo Terms;
(m) if you provide incorrect, incomplete, or misleading information while registering for an Account or afterwards (except where you provide any incorrect, incomplete, or misleading information in order to pass relevant age-verification checks, which situation will be dealt with as described in Section 6.2 above);
(n) if we discover or have reason to believe that you have allowed or enabled someone else to use or access your Account;
(o) if we discover or have reason to believe that you have deliberately or fraudulently opened or are using one or more Duplicate Account(s);
(p) if we discover or have reason to believe that you are using our currency exchange service for any purpose other than the placing of Transactions via the Services (for example currency hedging, speculative trading, and/or any form of currency trading);
(q) if we discover or have reason to believe that you are prohibited from entering into a Transaction by any term of your contract of employment, these Terms, or any rule of a sport governing body or other professional body of which you are a member and which applies to you;
(r) where a Transaction is made on the outcome of a race, competition, or other event or process or on the likelihood of anything occurring or not occurring, and we discover or have reason to believe that you know the outcome of that race/competition/event/process;
(s) if we discover or have reason to believe that you are misusing non-public information to place a Transaction;
(t) if we discover or have reason to believe that you are depositing money into your Account which originates from criminal and/or other illegal activities;
(u) if you behave in a defamatory, abusive, obscene, discriminatory, or otherwise inappropriate manner towards other users of the Services, our customer support team, and/or other staff members/representatives;
(v) if we discover or have reason to believe that you have used automated systems or software to copy and/or extract the whole or any part of the Services, any information or data on the Services or any part of it (including, but not limited to, results, statistics, sporting data and event lists, odds and Betting figures), or any other information or data on or contained within or as part of the Services and/or its source code (sometimes referred to as “screen scraping” or “scraping”);
(w) if we discover or have reason to believe that you have sought to make commercial use of the whole or any part of the Services, the information or data on the Services (including, but not limited to, results, statistics, sporting data and event lists, odds, and Betting figures), or any other information or data on the Services and/or its source code;
(x) if we discover or have reason to believe that you have in any way interfered, interrupted, or manipulated the operation of the Services or the normal running of any of the Services;
(y) if we discover or have reason to believe that you have used any third party external player assistance programs or software which are designed to provide an unfair advantage to customers including (without limitation) the use of artificial intelligence, automated players (bots) and/or player assistance software;
(z) if we discover or have reason to believe that you have exploited or participated in the exploitation of a fault, loophole or error (including any Error, Malfunction, or Interruption as defined in Section 22 below) in the Services and/or in our or any third party's software; and
(aa) if you seriously breach these Terms in some other way.
17. Suspension, Limitation, and Closure of Your Account by Us
17.1 Unless there is a pending investigation or dispute, we may close, limit, or suspend your Account at any time. You may be notified of an Account closure by us, except where we discover or suspect (acting reasonably) that you have engaged in a Prohibited Activity, in which case we are entitled to take such action without notice following the process set out below.
17.2 If we discover or have reasonable grounds to suspect that you have engaged in any Prohibited Activity, we will limit or suspend your Account without notification, and your Account will remain restricted/suspended while the matter is investigated. You agree to cooperate fully with any such investigation. Your funds cannot be accessed or withdrawn during periods of suspension, and any balance will remain in the Account. We will use reasonable efforts to undertake our investigation within a reasonable period, but you acknowledge that any delay on your part to respond to our information or other requests will affect our ability to do so.
17.3 If our investigation results in our decision (acting reasonably) that the issue has been resolved to our satisfaction, we will lift the Account suspension. If our investigation results in our decision (acting reasonably) that you have engaged in any Prohibited Activity, we will permanently close your Account. In these circumstances, your details may be passed on to any applicable regulatory authority or any other relevant external third parties.
17.4 We may also from time to time be required to restrict, suspend or close Accounts for legal or regulatory reasons, including where we are required to do so by a competent authority and/or the terms of our license. Such actions, if applicable, may affect your use of your Account. You should be aware that if you breach any of the Terms, you may also be committing a legal offense, and you may be subject to legal action, including prosecution. We reserve the right to cooperate with law enforcement and other regulatory authorities, including the KHRGC, in investigating claims of suspicious or presumed illegal activity on the Services
17.5 If you are subject to any self- imposed or licensee-imposed exclusion and you have pending bets/wagers, such bets/wagers will not be voided and will remain on your account.
17.6 If we close your Account, any positive real money balance in your Account at the time of such closure by us will be paid back to you, except that:
(a) if you have engaged in illegal activity, we are under no obligation to refund to you any money that may be in your Account; and
(b) if we discover or determine (acting reasonably) that you have participated in any Prohibited Activity then we will withhold all or part of the Account balance and/or void or recover from your Account deposits, pay-outs, Promos, and/or any winnings (if/as applicable) in each case to the extent attributable to the relevant Prohibited Activity(ies).
18. Closing Your Own Account
If you want to close your Account, please do so via our Account Closure page clicking here. Any negative balance on your Account will become immediately due and payable to us, and your Account will not be closed until the relevant amount owed to us is paid in full.
19. Your Equipment
19.1 Your computer equipment or mobile device and internet connection may affect the performance and/or operation of the Services.
19.2 Click here for further information relating to Services accessibility requirements. For information on technical issues relevant to use of the Services, please refer to our disconnection policy in Section 12.10.
20. Software and Technology
20.1 In order for you to use certain aspects of the Services, you may need to download some software (the “Software”).
20.2 Also, certain third party product providers may require you to agree to additional terms and conditions governing the use of their products. If you do not accept those third party terms and conditions, do not use the relevant third party software. We do not accept any liability in respect of any third party software.
20.3 You may only use the Software for the purpose of using the Services as they are designed to be used and, save to the extent permitted by applicable law, for no other purposes whatsoever.
20.4 We grant to you a personal, non-exclusive, non-transferable, right to use the Software, for the sole purpose of using the Services as they’re designed to be used, in accordance with the following provisions.
(a) You may not: (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) your license to use the Software or make or distribute copies of the Software; (iii) enter, access or attempt to enter or access or otherwise bypass our security system or interfere in any way (including, but not limited to, robots or similar devices) with the relevant products or the Services 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, 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 bet365 or a third party software provider company (the "Software Provider"). Any Software and accompanying documentation which have been licensed to us 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) Subject always to Section 23.1, the Software is provided "as is" and we do 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 we nor the Software Provider will have any liability to you or to any third party in respect of such errors. In the event of such errors, we are entitled to remove all relevant products from the Services and take any other action to correct such errors.
(e) You acknowledge that how you use the Software is outside of our control and at your own risk.
(f) The Software may include confidential information which is secret and valuable to the Software Provider and/or us. You are not entitled to use or disclose that confidential information other than strictly in accordance with these Terms.
20.5 You must not misuse the Services 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 Services or any part of it; any equipment or network on which the Services is stored; any Software used in connection with the provision of the Services; or any equipment, software or website owned or used by a third party. You must not attack our Services via a denial-of-service attack. Save where we have not taken reasonable steps, 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 Services, the Software, or to your downloading of any material posted on it, or on any website linked to it.
21. Third Party Content
21.1 We receive feeds, commentaries, and content from a number of suppliers. Certain third party product providers may require you to agree to additional terms and conditions governing the use of their feeds, commentaries and content (including those specified in Section 21.2 below). If you do not accept the relevant third party terms and conditions, do not use the relevant feeds, commentaries or content.
21.2 Where the Services contains links to third party websites and resources, these links are provided for your information only. We have no control over the content of these sites or resources, and accept 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 does not constitute an endorsement of that third party’s website, product or services (if applicable).
22. Malfunctions, Errors and Interruptions
22.1 We try to provide you with a high-quality Betting platform, but we cannot guarantee that the Services will at all times perform correctly. Various kinds of mistakes and errors can occur – technical, human and otherwise – and you understand and agree that we can only provide the Services to you, and you must accept them, in the condition that we make them available from time to time.
22.2 In this Section we set out a description of the things that can go wrong and the rights that we have in such events. In Section 23 below we set out how we will not be liable to you when these (and other) things go wrong.
22.3 Below are some key definitions to help you understand this Section:
A “Malfunction” refers to where an automated process fails to operate as designed or intended, for example where a piece of computer software produces a deviation from its intended performance specifications or parameters, or where two pieces of software fail to interface or communicate with each other in the manner intended or designed, in either case so as to produce a result which is not the result that was intended or designed. These malfunctions may or may not be apparent to us or to you and they may only come to light as and when settlement instructions, game outcomes, winnings or cashouts are investigated and analyzed retrospectively.
An “Error” refers to a mistake or error that is not exclusively technical, for example the mistaken posting of incorrect odds, the offer of incorrect prices or terms for participation in a promotion or gambling opportunity. Errors can arise from human mistakes, administrative, operational or systems failures and combinations of all of these. Errors include (but aren’t necessarily limited to) so-called “palpable” or “obvious” errors, for example where:
· prices/odds/terms offered via the Services are substantially out of the market (i.e., significantly different from those available in the general market (including from other operators) at the time the Transaction is placed);
· Transactions are accepted on a market which should have been suspended or closed, for example where the event is still in progress (except where “in-running” bets are expressly allowed and accepted) or the event in question has already occurred or finished (sometimes referred to as “late bets”);
· prices/odds/terms offered at the time a Transaction is made are a clearly incorrect given the probability of the event or outcome occurring; or
· where a market has been settled but it is subsequently discovered that the outcome/result is incorrect based on the definition of the count for that market e.g., count for shots on target.
An “Interruption” refers to an interruption in a gambling Transaction for any reason, for example an interruption caused by the failure of the internet or connectivity, or severe latency in communications, or technical failure due to some disaster or unforeseen event.
22.4 Where any of the above occur, we will deal with them as described below and it is important that you understand and agree to the following before you use the Services, as we made clear in the “Important Information” section at the top of these General Terms and Conditions:
Malfunctions
22.5 If as a result of a Malfunction, your Account is credited with winnings that you would not have received were it not for that Malfunction, we will have the right to void the relevant and any related Transaction(s) and withhold the relevant winnings. This applies even if the relevant gambling product or Promo could have produced the same or similar amount of winnings without the intervention of the Malfunction and it applies whether the Malfunction was apparent to you or to us or not. If you have withdrawn any such winnings, you agree that you will pay them back to us as and when we ask you to.
22.6 Where any Malfunction is or becomes apparent or obvious to you, or you suspect that a Malfunction may be occurring, you agree that you will cease your use of the relevant Service(s) immediately, and will Contact Us immediately.
Errors
22.7 In the event of an Error, we will have the right to suspend the affect event/market while we investigate the problem, and we will resettle Transactions as set out in our House Rules, which are available by clicking here.
22.8 Error - Maximum Winnings - The maximum amount which can be won for a Transaction placed where (i) there is an Error and (ii) we elect in our discretion to let the Transaction stand but at a revised price (to correct the Error), is $5,000, unless the expected winning amount of the original Transaction was greater than $5,000. In such circumstances, the winning amount of the Transaction placed at the revised price will equal that of the original Transaction with any excess Bet becoming void. For the avoidance of doubt, we are not obliged to do as described in (ii) above and this Section 22.8 does not affect our rights as described in Section 22.9 below.
22.9 If as a result of an Error, your Account is credited with winnings that you would not have received were it not for that Error, we will have the right to void the relevant Transaction and any related Transaction(s) and withhold the relevant winnings. This applies even if the relevant gambling product or Promo could have produced the same or similar amount of winnings without the intervention of the Error and it applies whether the Error was apparent to you or to us or not. If you have withdrawn any such winnings credited as a result of an Error, you agree that you will pay them back to us as and when we ask you to.
22.10 Where any Error is or becomes apparent or obvious to you or you suspect that an Error may be occurring, you agree that you will cease your use of the relevant Service(s) immediately, and will Contact Us immediately.
Interruptions
22.11 Our priority is to ensure that we deal with Interruptions in a way that is fair and does not systematically disadvantage our customers.
22.12 In relation to Sportsbook products: we reserve the right to suspend betting markets, void Transactions and return Bets to customers.
23. Our Liability to You
23.1 Nothing in these Terms excludes or limits our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation; or
(c) any liability which cannot be excluded or limited under applicable law including your statutory rights as a consumer.
23.2 SUBJECT ALWAYS TO SECTION 23.1 ABOVE, WE WILL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, LIABILITIES, OR LOSSES WHICH ARE DEEMED OR ALLEGED TO HAVE ARISEN OUT OF OR IN CONNECTION WITH THE SERVICES OR ITS CONTENT, INCLUDING ARISING FROM OR IN ANY WAY CONNECTED WITH:
(A) LOSSES THAT WERE NOT FORESEEABLE BY YOU AND US AT THE TIME OF YOU FIRST ACCEPTED THE TERMS;
(B) (IF YOU USE THE SERVICES FOR ANY NON-PERSONAL/BUSINESS PURPOSES, WHICH YOU ARE NOT PERMITTED TO DO) ANY BUSINESS LOSSES AND/OR LOSSES TO NON-CONSUMERS (FOR EXAMPLE LOSS OF BUSINESS, LOSS OF BUSINESS INFORMATION, BUSINESS INTERRUPTION AND LOSS OF PROFITS OR REVENUES);
(C) ANY USE BY YOU OF THE SERVICES, INCLUDING WHERE YOU ARE IN BREACH OF THESE TERMS (INCLUDING ANY PROHIBITED ACTIVITY ON YOUR PART);
(D) ANY INCOMPLETE, LOST, OR DELAYED TRANSACTIONS, OTHER THAN TO THE EXTENT CAUSED BY OUR FAILURE TO USE REASONABLE CARE AND SKILL;
(E) DAMAGE TO YOUR EQUIPMENT OR ANY LOSS OR CORRUPTION OF DATA THAT RESULTS FROM YOUR USE OF THE SERVICES, EXCEPT THAT IF ANY DEFECTIVE DIGITAL CONTENT THAT WE HAVE SUPPLIED TO YOU DAMAGES A DEVICE OR DIGITAL CONTENT BELONGING TO YOU AND THIS IS CAUSED BY OUR FAILURE TO USE REASONABLE CARE AND SKILL, WE WILL EITHER REPAIR THE DAMAGE OR PAY YOU COMPENSATION;
(F) ANY THIRD PARTY FEEDS, COMMENTARIES, OR CONTENT;
(G) THE ACCURACY, COMPLETENESS OR CURRENCY OF ANY INFORMATION OR DATA PROVIDED BY US OR THIRD PARTIES (INCLUDING BUT NOT LIMITED TO PRICES, RUNNERS, TIMES, RESULTS, LIVE SCORES OR GENERAL STATISTICS) VIA THE SERVICES;
(H) ANY ERROR, MALFUNCTION OR INTERRUPTION, OR IF FOR ANY REASON THE SERVICES (OR ANY PART OF THEM) ARE UNAVAILABLE AT ANY TIME OR FOR ANY PERIOD;
(I) OUR CLOSURE, RESTRICTION, LIMITATION, OR SUSPENSION OF YOUR ACCOUNT IN ACCORDANCE WITH THESE TERMS;
(J) ANY DELAY IN PERFORMING, OR FAILURE TO PERFORM, ANY OF OUR OBLIGATIONS IF SUCH DELAY OR FAILURE RESULTS FROM EVENTS, CIRCUMSTANCES OR CAUSES BEYOND OUR REASONABLE CONTROL INCLUDING (WITHOUT LIMITATION) ANY TELECOMMUNICATIONS NETWORK FAILURES, POWER FAILURES, FAILURES IN THIRD PARTY COMPUTER HARDWARE OR SOFTWARE, FIRE, PANDEMIC, LIGHTNING, EXPLOSION, FLOOD, SEVERE WEATHER, INDUSTRIAL DISPUTES OR LOCK-OUTS, TERRORIST ACTIVITY AND ACTS OF GOVERNMENT OR OTHER COMPETENT AUTHORITIES;
(K) YOUR DELIBERATE CIRCUMVENTION OF ANY RESPONSIBLE GAMING MEASURES IN PLACE (WHETHER PUT IN PLACE BY YOU OR BY US) (SEE SECTION 25 BELOW);
(L) 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 TRANSACTIONS OR VIEW OR RECEIVE CERTAIN INFORMATION IN RELATION TO PARTICULAR EVENTS);
(M) ANY MARKETING OF THE SERVICES;
(N) ANY STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR
(O) ANY OTHER MATTER RELATED TO THE SERVICES.
23.3 TO THE FULLEST EXTENT PERMITTED BY LAW, THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES US OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BET365 AND YOU. THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NOTWITHSTANDING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY LAW, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF BET365 AND ITS AFFILIATED PARTIES FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OF ACTION OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT OF ANY DEPOSITS AND WINNINGS RESULTING FROM BETS ON YOUR ACCOUNT (TO THE EXTENT YOU OTHERWISE REMAIN ENTITLED TO SUCH DEPOSITS AND WINNINGS UNDER THESE TERMS) REMAINING IN YOUR ACCOUNT AT THE TIME OF YOUR CAUSE OF ACTION OR CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU DO NOT HAVE ANY SUCH DEPOSITS OR WINNINGS IN YOUR ACCOUNT AT THE TIME OF SUCH CAUSE OF ACTION OR CLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH BET365 IS TO STOP USING THE SERVICES AND CANCEL YOUR ACCOUNT.
23.4 IN THE EVENT OF ANY ERRORS, MALFUNCTIONS, VIRUSES OR BUGS, COMMUNICATIONS FAILURE, OR SYSTEMS FAILURE RELATING TO THE SERVICES, AND RESULTING IN LOSS, CORRUPTION, OR MISCALCULATION OF DATA OR WINNINGS OR BONUS/OFFER/PROMO MONEY AMOUNTS, TO THE FULLEST EXTENT PERMITTED BY LAW, BET365 AND ITS AFFILIATED PARTIES SHALL NOT IN ANY WAY BE LIABLE TO YOU, AND BET365 SHALL VOID ALL GAMES IN QUESTION AND PAYMENTS IN RELATION THERETO, AND MAY TAKE ANY OTHER ACTION DEEMED NECESSARY BY BET365 IN ITS SOLE DISCRETION TO CORRECT SUCH ERRORS. BET365 IS NOT REQUIRED TO PROVIDE ANY BACK-UP NETWORK AND/OR SYSTEMS OR SIMILAR SERVICES. IF ANY SUCH ERROR OR MISCALCULATION RESULTS IN OVERPAYMENT TO YOU OF WINNINGS RESULTING FROM BETS ON YOUR ACCOUNT, YOU SHALL NOT BE ENTITLED TO RECEIVE OR RETAIN SUCH WINNINGS, SHALL IMMEDIATELY INFORM US OF THE ERROR, AND SHALL REPAY ANY SUCH WINNINGS TO US (OR BET365 MAY, IN ITS SOLE DISCRETION, DEDUCT AN AMOUNT EQUAL TO SUCH WINNINGS FROM YOUR ACCOUNT, SET OFF SUCH AMOUNT AGAINST ANY OTHER WINNINGS OWED TO YOU, OR TAKE ANY OTHER ACTION NECESSARY TO COLLECT SUCH WINNINGS AS PERMITTED BY APPLICABLE LAWS AND REGULATIONS).
23.5 AS WE MADE CLEAR IN THE “IMPORTANT INFORMATION” SECTION AT THE TOP OF THESE GENERAL TERMS AND CONDITIONS, WE WILL NOT BE LIABLE TO YOU UNDER THESE TERMS, AND NOR DO WE OWE YOU A DUTY OF CARE, IN RESPECT OF OUR COMPLIANCE OR NON-COMPLIANCE WITH ANY REGULATORY OBLIGATIONS THAT WE MAY BE UNDER FROM TIME TO TIME.
23.6 FROM TIME TO TIME, ALL OR PART OF THE SERVICES MAY BE UNAVAILABLE BECAUSE OF OUR MAINTENANCE OF THE SERVICES AND/OR ALTERATION OR AMENDMENT OF ANY OF THE SERVICES AND WE WILL NOT BE LIABLE TO YOU IN THESE CIRCUMSTANCES.
23.7 WHILE WE TRY TO ENSURE THAT THE INFORMATION MADE AVAILABLE VIA THE SERVICES IS CORRECT, WE CANNOT (AND DO NOT) GUARANTEE THE ACCURACY OR COMPLETENESS OF THE INFORMATION AND MATERIAL ON THE SERVICES. THE SERVICES MAY CONTAIN TYPOGRAPHICAL ERRORS OR OTHER INACCURACIES, OR INFORMATION THAT IS OUT OF DATE. WE ARE UNDER NO OBLIGATION TO UPDATE SUCH INFORMATION OR MATERIAL. SUBJECT ALWAYS TO SECTION 23.1 ABOVE, TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS AND TO THE FULLEST EXTENT PERMITTED BY LAW, BET365 AND ITS AFFILIATED ENTITIES, AND THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AND OTHER REPRESENTATIVES, AND BET365’S VENDORS AND BUSINESS PARTNERS (COLLECTIVELY, “BET365 AND ITS AFFILIATED PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICES, WHETHER EXPRESS OR IMPLIED.
23.8 TO THE FULLEST EXTENT PERMITTED BY LAW, BET365 AND ITS AFFILIATED PARTIES SHALL NOT BE LIABLE FOR ANY ACTS OR OMISSIONS MADE BY YOUR INTERNET SERVICE PROVIDER, TELECOMMUNICATIONS PROVIDER, OR OTHER THIRD-PARTY YOU HAVE ENGAGED TO GAIN ACCESS TO THE SERVICES.
24. Your Responsibility to Us, Our Right of Set-Off
24.1 We may set off any positive balance on your Account against any amounts owed by you to us or any company within the bet365 group.
24.2 You agree to compensate us for any costs, charges or losses sustained or incurred by us arising from any Prohibited Activities on your part.
25. Responsible Gaming
25.1 We are committed to supporting responsible gaming. We promote gambling as an enjoyable leisure activity and we believe that gambling can only remain this way if you stay in control and gamble responsibly. However, we know that for some people gambling can stop being a harmless leisure activity and become a problem.
25.2 We have put in place a number of tools that you can use to manage your gambling, such as a budget calculator, deposit limits, reality checks, activity tracker, time-out, self-exclusion, and gambling blocks.
25.3 Pursuant to Kentucky regulations, we will share your self-exclusion request (including your personal information) with the KHRGC for the purpose of distributing your self-exclusion to all Kentucky sportsbook licensees. Removal from a self-exclusion record communicated by the KHRGC does not guarantee your removal from other Kentucky sportsbook licensees’ internal self-exclusion lists. The primary responsibility to avoid wagering activities rests with you and you agree not to hold the KHRGC liable.
25.4 For further information, advice and support, please click here.
25.5 Although we will use our reasonable efforts to enforce our responsible gaming policies, we do not accept any responsibility or liability if you nevertheless continue gambling and/or seek to use the Services with the intention of deliberately avoiding the relevant measures in place (whether put in place by you or by us) and/or we are unable to enforce our measures/policies for reasons outside of our reasonable control including if you have provided us with details which are not true and accurate in order to circumvent any responsible gaming policies or tools.
26. Intellectual Property Rights
26.1 All the trademarks, service marks, trade names, copyrights, graphics, audio, songs, logos and other intellectual property used on or appearing through the Services belongs to us or our licensors. You acknowledge that by using the Services, including through the downloading of any software, you obtain no rights (and shall not claim any rights) in any content of the Services, any downloaded software, or any part thereof, other than the license to use the same as provided for in these Terms. Under no circumstances may you use any content of the Services without our prior written consent. You further agree to not use the Services in any unlawful manner, for any unlawful purpose, or in any way that is inconsistent with these Terms.
26.2 Certain functionality relating to Cash Out is licensed from Colossus (Isle of Man) Ltd under one or more of the following US Patent Nos.: 10,102,716; 9,704,338; 9,424,716; 9,275,516; 9,196,126; 9,117,341; 8,721,439; 8,721,438; 8,734,241; 8,708,811 and 8,602,884.
26.3 If you make use of a feature that allows you to upload material, information, comments, postings, or other content to the Services ("User Content"), then the User Content will be considered to be non-confidential and non-proprietary and bet365 has the right to use, copy, distribute, and disclose to third parties any User Content for any purpose. bet365 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 Services constitutes a violation of their intellectual property rights or of their right to privacy. bet365 has the right to remove, amend or edit any User Content you make on the services.
26.4 You understand that all User Content, whether publicly posted on a forum, posted as part of your public profile or elsewhere, or transmitted to us for posting, is your sole responsibility. If you have any User Content that you would like to keep confidential and/or do not want others to use (including but not limited to, photos, personal information, etc.,) do not use such information as part of your screen name or profile page, post it or submit it for posting to public-facing portions of the Services. To the fullest extent permitted by law, we will not be liable for any User Content, including, but not limited to, any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed or otherwise transmitted via the Services.
26.5 By posting any User Content through the Services, you hereby grant us a royalty-free, fully paid up, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, combine with other works, create derivative works from, distribute, perform, edit and display such User Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You specifically waive any “moral rights” in and to the User Content. You represent and warrant that you own the User Content posted by you on or through the Services or otherwise have the right to grant the license set forth herein, and the posting of your User Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content you posted to or through the Services.
26.6 We respect the intellectual property rights of others and require that bet365 customers do the same. If you believe that your proprietary work has been copied in a way that constitutes copyright infringement, please forward the following information to bet365’s registered Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:
• A physical signature of the person authorized to act on behalf of the owner of the copyright;
• A description of the copyrighted work that you claim has been infringed;
• A description of where the material that you claim is infringing is located on the Services;
• Your address, telephone number and email address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Copyright Agent:
ATTN: Copyright Agent
Hillside (Kentucky) LLC, a Delaware limited liability company located at 1701 Platte Street, Floor 3, Denver, Colorado 80202
Email: copyrightnotices@bet365.com.
27. Privacy and Cookies
27.1 Your personal information is processed in accordance with our Privacy Policy, a copy of which is available by clicking here.
27.2 Our Cookies Policy – a copy of which is available by clicking here – explains what cookies are, how they are used on the Services, and how to manage their use.
28. Other Important Legal Terms
28.1 If you breach these Terms 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.
28.2 The rights and remedies provided by these Terms are cumulative and (unless otherwise provided in these Terms) do not exclude any other rights or remedies available to us.
28.3 If any provision of these Terms is found by any court or body of competent jurisdiction to be invalid or unenforceable, the other provisions shall continue to apply.
28.4 We may transfer our rights and/or obligations under these Terms to another organization at any time. Without limiting the preceding sentence, we may wish to transfer our rights or obligations under these Terms to another company within our corporate group or any other legal entity, including if we restructure or there is a sale of our business. You agree that we may do so provided that in the case of such a transfer, after we notify you of the date on which such transfer takes place, your rights under these Terms will be against the new legal entity. If you are unhappy with the change, you may close your Account at any time.
28.5 These Terms are personal to you. You may not transfer your rights or obligations under these Terms to anyone else.
28.6 If we need to notify or contact you under these Terms, we will do so using the contact details registered to your Account or via notification on our websites, apps and/or or other parts of the Services. If you want to contact us, you can do so via Contact Us.
29. Complaints and Disputes, Governing Law
29.1 Should there be any claim or dispute arising from a Transaction or otherwise in connection with the Services, please Contact Us. If you are not satisfied with the way that your complaint was handled by our support team, our management may intervene to resolve any outstanding grievance in accordance with Section 30.
29.2 After all reasonable steps have been taken by you and us to resolve your complaint, you may file a complaint with the KHRGC by calling (859) 246-2040 or any other method on the KHRGC’s website. We reserve the right to provide a copy of your complaint and relevant documentation to the KHRGC. If you contact the KHRGC to resolve your complaint, you agree to wait for the KHRGC’s final response and provide us with such response, or withdraw your complaint, prior to initiating arbitration pursuant to the Arbitration Agreement in Section 30.
29.3 These Terms shall be governed by, and construed and enforced in accordance with, the laws of the Commonwealth of Kentucky, as it is applied to agreements entered into and to be performed entirely within such commonwealth, without regard to conflict of law principles. You agree that all disputes, claims and causes of action relating to these Terms, the Services, the Rules referenced in Section 1.2, any products sold or distributed through any of the foregoing, and/or the Privacy Policy (collectively, our “Offerings”), shall be resolved as set forth in Section 30. The “Disclaimer; Limitation of Liability” provisions of this Agreement are for the benefit of the bet365 and its affiliates or other third party licensors, and each of these entities shall have the right to assert and enforce these Terms directly against you on its own behalf.
30. Arbitration Agreement
30.1 Applicability of Arbitration Agreement. Subject to the terms of this Arbitration Agreement, you and we agree that any dispute, claim, or disagreement arising out of or relating in any way to your access to or use of the Offerings and any communications you receive, including claims and, to the extent legally enforceable, to any disputes that arose between us before the effective date of these Terms (each, a “Dispute”) will be resolved only by binding arbitration, using the English language, rather than in court, except that: (1) you or we may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents); and (2) if Kentucky gaming regulations require that gaming-related disputes be resolved by the applicable gaming regulator, both you and we must comply with that mandated dispute resolution process. For purposes of this Arbitration Agreement, “Dispute” will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of this Arbitration Agreement and/or these Terms, as well as claims that may arise after the termination of your Account and/or your access to or use of our Services.
30.2 Waiver of Jury Trial. YOU AND WE HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and we are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified above. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
30.3 Waiver of Class and Other Non-Individualized Relief. YOU AND WE AGREE THAT, EXCEPT AS SPECIFIED IN SECTION 30.9, EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party's individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under Section 30.9. Notwithstanding anything to the contrary in this Arbitration Agreement, if a final decision, not subject to any further appeal or recourse, determines that the limitations of this Section are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and we agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated only in the courts of Kentucky in a bench trial only. YOU AND WE HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO HAVE A TRIAL IN FRONT OF A JURY FOR SUCH CLAIM OR REQUEST FOR RELIEF. All other Disputes shall be arbitrated. This subsection does not prevent you or us from participating in a class-wide settlement of claims.
30.4 Arbitration Demand.
You and we agree that before either party commences arbitration against the other, we will give notice to the other party in writing of the Dispute and its intent to initiate an arbitration proceeding (“Notice”), which Notice shall be delivered at least 30 days prior to initiating an arbitration proceeding. Any Notice from you to us should be sent by certified mail to 1701 Platte Street, Floor 3, Denver, Colorado 80202, Attn: bet365 Legal Department, and any Notice from us to you will be sent to the email or physical mailing address you provided to us. If such contact information has not been provided, we may also use any other reasonable means to contact you to provide the Notice, including by posting a message in your Account. Any statute of limitation or statute of repose or similar shall be tolled by 30 days, the same number of days as required prior to initiating an arbitration proceeding.
A Notice, whether sent by you or us, must include: (1) your name, telephone number, mailing address, and email address associated with your Account (if you have one); (2) the name, telephone number, mailing address and e‐mail address of your counsel, if any; and (3) a description of your Dispute.
If the Parties are not able to resolve any Dispute, either party may initiate an arbitration proceeding by sending a demand to the other party that describes the nature and basis for the claim (“Arbitration Demand”). In addition to any additional information required by the JAMS Rules (defined below), the Arbitration Demand must include: (1) the name, telephone number, mailing address, e‐mail address of the party seeking arbitration and the account username (if applicable) as well as the email address associated with any applicable account; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States Dollars; (4) a statement certifying compliance with the informal dispute resolution process as described above; and (5) evidence that the initiating party has paid any necessary filing fees in connection with such arbitration. The Dispute Notice shall be personally signed by the claimant, and the claimant shall declare under penalty of perjury that the facts stated in the Arbitration Demand are true and correct. If the claimant is represented by counsel, the Arbitration Demand shall also include counsel’s name, telephone number, mailing address, and email address. Such counsel must also sign the Arbitration Demand. By signing the Arbitration Demand, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (i) the Arbitration Demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (ii) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (iii) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.
30.5 Arbitration Rules and Forum. These Terms evidence a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings. Arbitration will be administered by JAMS Mediation, Arbitration, and ADR Services (“JAMS”) in accordance with the JAMS Streamlined Arbitration Rules and Procedures, as supplemented by the JAMS Mass Arbitration Procedures and Guidelines in the event that the Batch Arbitration process discussed in Section 30.9 is triggered (collectively, “JAMS Rules”). The JAMS Rules and arbitration forms are available at www.jamsadr.com or by request at 1-800-352-5267. A party who is eligible to file an Arbitration Demand pursuant to this Arbitration Agreement must commence arbitration with JAMS and provide appropriate notice to the other party as required by the JAMS Rules. If a party initiates an arbitration in a manner inconsistent with the applicable JAMS Rules, the opposing party may seek summary dismissal and costs for failing to comply with the applicable JAMS Rules. Unless you and we otherwise agree, the proceedings must be filed in Denver, Colorado to the extent permitted by applicable law. Your responsibility to pay any JAMS fees and costs will be solely as set forth in the applicable JAMS Rules.
Subject to the applicable JAMS Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of the arbitration. You and we agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and then subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential. Notwithstanding the foregoing, we may share information relating to any arbitration, including any related materials and documents, (a) with any of our gaming regulators, and (b) with other third parties to the extent disclosure is required by applicable law or a binding agreement. During the arbitration, the amount of any settlement offer made by you or us must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.
30.6 Arbitrator. The arbitrator will be selected by the parties from the JAMS roster of consumer dispute arbitrators pursuant to the applicable JAMS Rules. If the parties are unable to agree upon an arbitrator within 35 days of delivery of the Arbitration Demand, then JAMS will appoint the arbitrator in accordance with the applicable JAMS Rules, provided that if the Batch Arbitration process under Section 30.9 is triggered, JAMS will appoint the arbitrator for each batch.
30.7 Authority of Arbitrator. The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes arising out of or related to the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties, except as expressly provided in Section 30.9. The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction.
30.8 Attorneys’ Fees and Costs. The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Arbitration Demand was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If you or we need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in such action shall have the right to collect from the other party its reasonable costs, necessary disbursements, and reasonable attorneys' fees incurred in securing an order compelling arbitration. The prevailing party in any court action relating to whether either party has satisfied any condition precedent to arbitration is entitled to recover their reasonable costs, necessary disbursements, and reasonable attorneys’ fees and costs.
30.9 Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations by multiple claimants, you and we agree that in the event that there are 25 or more individual Arbitration Demands of a substantially similar nature filed against us by or with the assistance of the same law firm, group of law firms, or organizations, within a 90-day period, JAMS shall (1) administer the arbitration demands in batches of up to 100 Arbitration Demands per batch (plus, to the extent there are less than 100 Arbitration Demands left over after the batching described above, a final batch consisting of the remaining Arbitration Demands), or in a single batch if there are fewer than 100 Arbitration Demands in total; (2) appoint one arbitrator for each batch; (3) administer the batches concurrently; (4) provide for the resolution of each batch as a single consolidated arbitration with one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award; and (5) apply one filing fee per side for the arbitration of all of the Arbitration Demands, and one arbitration filing fee per batch, as provided in JAMS’ Mass Arbitration Procedures Fee Schedule (“Batch Arbitration”). Arbitration awards in one batch of arbitration demands shall have no precedential effect on subsequently administered batches, but may be cited by the parties as persuasive authority.
All parties agree that Arbitration Demands are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise JAMS, and JAMS shall appoint a Process Administrator to determine the applicability of the Batch Arbitration process, per the JAMS Mass Arbitration Procedures and Guidelines. You and we agree to cooperate in good faith with JAMS to implement the Batch Arbitration process, as well as reasonable steps to minimize the time and costs of arbitration. This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.
30.10 30-Day Right to Opt Out. You have the right to opt out of this Arbitration Agreement by sending written notice of your decision to opt out by certified mail to 1701 Platte Street, Floor 3, Denver, Colorado 80202, Attn: bet365 Legal Department, within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your Account (if you have one), and an unequivocal statement that you want to opt out of the Arbitration Agreement for the Service. If you opt out of this Arbitration Agreement, all other parts of the Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
30.11 Invalidity. Except as provided in Section 30.9, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. However, Section 30.9 is a necessary and indispensable part of this Arbitration Agreement. For the avoidance of doubt, this means that, if Section 30.9 is found by a court or arbitrator to be invalid or unenforceable to any extent in any dispute to which you are a party, then you agree that the entire Arbitration Agreement shall be of no force and effect as to that dispute.
30.12 Expiration. You further agree that any Dispute that you have with us as detailed in this Arbitration Agreement must be initiated via arbitration within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.
30.13 Modification. Notwithstanding any provision in the Terms to the contrary, we agree that if we make any future material change to these Terms, which may include material changes to this Arbitration Agreement, we will notify you. Your continued use of the Services, including the acceptance of products and services offered on or through the Services, following the posting of changes to this Arbitration Agreement constitutes your acceptance of any such changes, unless you opt out of the new version of the Arbitration Agreement within 30 days of it being posted, pursuant to the process set forth in Section 30.10. We will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of the Terms.
PLEASE READ THIS INFORMATION BEFORE YOU MOVE ON TO THE REMAINDER OF THESE GENERAL TERMS AND CONDITIONS
THESE TERMS AND THE USE OF OUR SERVICES ARE SUBJECT TO AN ARBITRATION AGREEMENT AND A WAIVER OF CLASS ACTION RIGHTS AS FURTHER DETAILED IN SECTION 30 BELOW (THE “ARBITRATION AGREEMENT”). THE ARBITRATION AGREEMENT CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED. THE ARBITRATION AGREEMENT WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT AS SPECIFICALLY ADDRESSED BELOW. THESE TERMS ALSO PROVIDE THAT (i) YOU AND WE WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST THE OTHER ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING IN ARBITRATION OR IN COURT, AND (ii) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
THESE TERMS ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS FURTHER DETAILED IN SECTION 29 BELOW.
Everything contained in these Terms (see Section 1.2 below for how “Terms” is defined) is important and should be read by you, but we would like to draw your attention in particular to the following Sections in these General Terms and Conditions (“General Terms and Conditions” is defined in Section 1.2 below) and the important terms and conditions that they contain. These Sections in particular have the potential to affect your interests. It is important that you read the Sections themselves and not rely on the short summaries below:
By registering for an Account (defined in Section 4.1 below) and/or accessing or using any part of the Services (defined in Section 1.1 below) you are entering into a legally binding contract. That contract is between you and us, and it incorporates all the terms, conditions, rules, and documents forming the “Terms” (explained and defined in Section 1.2 below). Please read Section 1 carefully.
You must be twenty-one (21) or over and meet certain other eligibility criteria and requirements to register for an Account and use the Services. Please read Section 4 carefully.
We will need to complete our Verification Checks (defined in Section 6.1) before you can do certain things in connection with your Account. We may also run Verification Checks on an ongoing basis after your Account has been opened. If we’re unable to complete our Verification Checks to our reasonable satisfaction, we will have the right to suspend and, ultimately, to close your Account, and we may pass on any necessary information to the relevant authorities. Please read Section 6 carefully.
You may only register for one Account. If we discover that you have opened and/or operated more than one Account (which we call a “Duplicate Account”), we will have certain rights, including the right to close your Duplicate Account(s) (and in some circumstances your original Account too) and to void Transactions (defined in Section 4.1 below), Promos (defined in Section 13 below) and/or winnings. Please read Section 8 carefully.
Withdrawing your funds: You will usually be able to withdraw your available balance at any time, but there are certain circumstances in which we will be entitled to delay or withhold withdrawals. Please read Section 11 carefully.
Maximum winnings limits apply to our Services: This means that, regardless of the amounts of your Bets, and no matter how much you appear to have “won”, you will only be entitled to receive up to the maximum winnings limit. Please read Section 11.5 carefully.
We do not have to accept your Bets: We are entitled to decline to accept all, or part, of any Transaction (defined in Section 4.1). If we decline all or part of a Transaction, we may offer a different/amended Transaction (e.g., on different odds) in place of the declined part of the Transaction, which part you are free to accept or decline as you wish. We do not have to tell you our reasons for taking these actions. Please read Section 12.1 carefully.
We may suspend markets/settlement and/or declare Transactions void in certain circumstances: such as, for example, where the integrity of an event has been called into question, or we suspect that the Transaction has been affected by match/game fixing, price or pool manipulation, other forms of cheating, or other suspicious activity. Please read Section 14 carefully.
We will not tolerate fraudulent activity, cheating, or any other “Prohibited Activities” (defined in Section 16 below). If you do any of these things, we will have certain rights, including the right to suspend and, ultimately, close your Account, to void relevant Transactions and/or to withhold funds (including winnings). Please read Section 16 and Section 17 carefully.
Errors, Malfunctions, and Interruptions: If any part of the Services suffers an Error, Malfunction, or Interruption (as each of those terms are defined in Section 22 below) we have certain rights including (but not limited to) the right to suspend the affected event/market while we investigate and/or void affected Transactions. This includes circumstances where the problem is not obvious to you or us and is only discovered by us when we check or verify the result of a Transaction and/or gameplay retrospectively. Please read Section 22 carefully.
In certain circumstances, our liability to you is limited or excluded: When you access and use the Services, it is important that you understand what we are liable for, when limits to our liability will apply (and what those limits are), and what we are not liable for. It is also important that you understand that we will not be liable to you under these Terms, and nor do we owe you a duty of care, in respect of our compliance or otherwise with any regulatory obligations that we may be under from time to time, including those relating to “responsible gaming”, “social responsibility” or similar. Please read Section 23 carefully.
Your obligation to compensate us. You may be required to compensate us if we suffer losses because you have engaged in a Prohibited Activity. Please read Section 24 carefully.
We may sometimes take actions in relation to your Account for legal and/or regulatory reasons including where required to do so by the terms of our license and/or a regulatory authority. These actions include running certain Verification Checks, restricting/closing your Account, and preventing you from taking up Promos and/or completing Promos. Please read Sections 6, 13.5, and 17.4 carefully.
2. Who We Are
3. Changes To These Terms and/or the Services
4. Account Eligibility and Registration
5. Account Opening
6. Account Verification
7. Account Security
8. Duplicate Accounts
9. Dormant Accounts
10. Deposits and How Your Funds Are Held and Protected
11. Withdrawals
12. Placing Transactions and Transaction Confirmation
13. Promotions, Bonuses, and Promos
14. Transaction Settlement and Payouts, Including Our Right to Suspend Markets/Events, Taxes
15. Sports and Special Event Betting
16. Prohibited Activities
17. Suspension, Limitation, and Closure of Your Account by Us
18. Closing Your Own Account
19. Your Equipment
20. Software and Technology
21.Third Party Content
22. Malfunctions, Errors, and Interruptions
23. Our Liability to You
24. Your Responsibility to Us, Our Right of Set-Off
25. Responsible Gaming
26. Intellectual Property Rights
27. Privacy and Cookies
28. Other Important Legal Terms
29. Complaints and Disputes, Governing Law
30. Arbitration Agreement
1. Introduction - These General Terms and Conditions and Other Important Terms That Apply to You
1.1 When you register for an Account with us (“Account” is defined in Section 4.1 below) and/or use or access any of the Betting, Gaming and/or other products or services (including the bet365.com website and mobile application), and/or any other websites or applications that we own or operate (together the “Services”), you will be entering into a legally binding agreement with us.
1.2 Not all of the terms and conditions that apply between you and us are set out in these general terms and conditions (the “General Terms and Conditions”) – some of them are contained in separate documents in order to avoid these General Terms and Conditions becoming too long. We cross-refer to these other documents and provide you with links to the key sections below. They are still important terms which form part of the legal agreement between you and us, and you should read and understand them just like the rest of these General Terms and Conditions. These cross-referenced terms which (together with these General Terms and Conditions) form the binding agreement between you and us (which we refer to in this document as the/these "Terms") include the following:
(a) the Rules for sportsbook ("Sportsbook") products, available by clicking here;
(b) the Cash Out terms and conditions, available by clicking here;
(c) the maximum winnings limits that apply to our Services, available by clicking here.
(d) in addition to the general Promo terms set out in Section 13 below, the specific terms/rules for any Promo(s) that we offer from time to time, which terms/rules will be available on the relevant Promo page/s of the Website (“Promo(s)” is defined in Section 13.1 below).
1.3 In the event of any inconsistency between these General Terms and Conditions and the terms listed above, these General Terms and Conditions will (unless stated otherwise) to that extent prevail.
1.4 Please read the Terms carefully before registering for an Account or otherwise accessing any part of the Services. If you do not accept the Terms, you may not use, visit, or access any part of the Services.
2. Who We Are
2.1 References in these Terms to “bet365”, “we”, "our " or “us” shall mean Hillside (Kentucky) LLC, a limited liability company formed in Delaware with its registered office at 1209 Orange Street, Wilmington, Delaware 19801 and principal place of business at 1701 Platte Street, Floor 3, Denver, Colorado, 80202.
2.2 Hillside (Kentucky) LLC is licensed and regulated by the Kentucky Horse Racing and Gaming Corporation ('”KHRGC'').
2.3 The Services are operated and controlled by bet365 under an agreement with Revolutionary Racing Kentucky, LLC.
2.4 As we made clear in the “Important Information” section at the beginning of these General Terms and Conditions: notwithstanding our regulated status, we will not be liable to you under these Terms, and nor do we owe you a duty of care, in respect of our compliance or otherwise with any regulatory obligations that we may be under from time to time, including those relating to “responsible gaming”, “social responsibility” or similar.
3. Changes To These Terms and/or the Services
Changes to these Terms
3.1 We may change the Terms from time to time for a number of reasons including to comply with applicable laws and regulations, to reflect changes to the Services, for security purposes, and/or to reflect changes in our business practices or operations.
3.2 Minor or insubstantial changes may be made at any time and will become effective immediately on posting to this (or any other relevant) page and accordingly you are advised to review the Terms on a regular basis.
3.3 Material changes will be notified to you reasonably in advance of such changes taking effect, either by means of an in-Service notification or via email to your registered email address.
3.4 If you do not agree to any change in the Terms, you should immediately stop using the Services and close your Account. If you continue to use the Services after the date on which the changes to the Terms come into effect, you will be deemed to have accepted those changes.
Changes to the Services
3.5 We may make changes to, or modify, correct, suspend, add to, remove from, or discontinue, any aspect of the Services (or any part of them) from time to time without liability to you.
4. Account Eligibility and Registration
4.1 To use the Services and to make any bets, wagers, stakes, ("Bet(s)") and/or similar transactions (collectively referred to as “Transactions” and each individually referred to as a "Transaction"), you must first register and be accepted for an Account with us (“Account”).
4.2 To be eligible to open an Account and use the Services, you must meet all of the following criteria and by registering for an Account you promise to us that you:
(a) are over twenty-one (21) years of age or older and of legal capacity to enter into these Terms and use the Services;
(b) are acting solely for your own personal use in connection with your Account and your use of the Services (i.e., you are not acting on behalf of any other person or entity);
(c) are not self-excluded from gambling (whether directly with us, through a regulator, or otherwise) and are not otherwise prohibited for any reason from gambling or from using the Services;
(d) do not already have an open Account with us (see Section 8 below for more information about Duplicate Accounts);
(e) accept that there is a risk of losing money when using the Services and you are responsible for any such loss;
(f) are not a bet365 employee or related to a bet365 employee;
(g) are not senior management of a bet365 third party supplier; and
(h) have not previously had an Account with us (or any member of our corporate group) which we (or that member) have restricted or closed for any reason.
4.3 You will not be permitted to use the bet365 Services if you are considered to be a ''Prohibited Patron'' as defined in the Kentucky sports wagering regulations.
4.4 It is a criminal offense for anyone underage to participate in betting or wagering games online ("Betting"), and no one under the age of twenty-one (21) is permitted to use the Services. We reserve the right in our sole discretion to request proof of age or re-confirm such information from you at any time. We may terminate your account and prohibit you from using the Services if proof of age is not provided or if we suspect that you are not at least twenty-one (21) years old.
4.5 There are Federal prohibitions and restrictions regarding Betting, specifically, any limitations upon Betting as set forth in 18 U.S.C. §§ 1084 et seq. (The Wire Act) and 31 U.S.C. §§ 5361 through 5366 (UIEGA). It is a federal offense and a violation of Kentucky law and/or regulation (KRS § 230.805(g)) for persons physically located outside of the Commonwealth of Kentucky to engage in internet or mobile Betting in the Commonwealth of Kentucky. In order to participate in Betting offered through the Services, you must be physically located in the Commonwealth of Kentucky. You agree that you will not attempt to participate in such Betting while physically located outside of the Commonwealth of Kentucky unless explicitly authorized by the KHRGC, and acknowledge that any such attempt could result in enforcement actions against you. We, our third-party service providers, and the KHRGC will utilize tracking technologies to verify and record your physical location when you are participating or are attempting to participate in Betting through the Services (''Geolocation Technologies''). These Geolocation Technologies will report the physical location of the device you are using to participate in Betting through the Services to us. By registering for an Account through the Services and/or by using the Services, you consent to the above-described uses of Geolocation Technologies, and to storage of records confirming your location within the Commonwealth of Kentucky for up to five (5) years as required by applicable law.
5. Account Opening
5.1 To register for an Account, you must complete the required registration form by providing certain personal information.
5.2 All information supplied by you when registering for an Account must be complete, accurate, and not misleading in all respects.
5.3 You must keep your registration and Account details up to date. This, and your Account information, may be amended in the “My Account” section when logged into your Account or by contacting us. It is particularly important that you update us about any information that affects your use of the Services (for example, your payment method and contact details) as quickly as possible. If you require any assistance, please Contact Us.
5.4 By registering for an Account, you promise and confirm to us that you meet the eligibility criteria in Section 4 above, and that all information you provide when registering for an Account (and subsequently) is complete, accurate, and not misleading.
5.5 We are not obliged to accept the registration for an Account.
6. Account Verification
6.1 We are required to undertake certain checks to comply with our legal and regulatory obligations – for example, to verify your age, identity, address, location, financial circumstances, and the source of the funds you deposit and use – and we may also undertake other credit, fraud prevention, and verification checks (together “Verification Checks”). We may ask you to provide various pieces of information and supporting documentation to enable us to carry out these Verification Checks, for example (but without limitation) a copy of your passport, driver’s license, birth certificate, financial statements, documents to support the expenditure on your Account, proof of address and/or any other documents/evidence that we may reasonably require.
6.2 Underage gambling is a criminal offense. If we discover (after you've opened an Account) that you are under twenty-one (21) years of age:
(a) your Account will be closed;
(b) any deposits you have made will be returned to you;
(c) all Transactions made via your Account will be void; and
(d) we may make a report to the relevant regulatory or law enforcement authorities.
6.3 By registering for an Account, you acknowledge and agree that we are entitled to conduct any Verification Checks that we may reasonably require and/or are required by applicable laws/regulations. We will carry out Verification Checks during Account registration, and we may also need to carry out additional/enhanced Verification Checks at certain points afterwards; for example, where particular financial thresholds are reached and/or if certain risk factors arise or change, in each/either case as reasonably required for us to comply with our legal and regulatory obligations. You agree to promptly provide any information/documentation we may reasonably request in relation to such Verification Checks.
6.4 Until we have received all requested information/documents and completed our Verification Checks to our reasonable satisfaction, we will restrict or place limits on your Account in any manner that we reasonably deem to be appropriate, including by preventing you from accessing the Services, entering into any Transactions, or from making withdrawals. If our Verification Checks cannot be completed to our reasonable satisfaction, your Account will be suspended and, ultimately, may be permanently closed. In this event, we may also be required by applicable regulation and/or a relevant authority to withhold funds in your Account.
6.5 We may supply the information that you have given us to authorized credit reference agencies, fraud prevention agencies, and/or other authorized third parties for use in identification and credit checks and for fraud detection and prevention purposes. We may also share your information with our regulators.
6.6 Your personal information will be processed in accordance with our Privacy Policy (see Section 27 below).
7. Account Security
7.1 We allow our customers to choose their own username/email and password combination for their Account, as well as a 4 digit passcode for accessing bet365 apps on their mobile devices (together the “Login Credentials”).
7.2 You must keep your Login Credentials secret and confidential at all times and never share them with someone else.
7.3 You are responsible for all Transactions made via your Account and any other activities taking place on/via your Account where your Login Credentials have been entered correctly and/or if your Account has been accessed via Touch ID, Fingerprint log in, Face ID, Passcode, “Keep me logged in”, or any similar feature on your device(s) (and in each of these cases, whether or not authorized by you).
7.4 We recommend that you change your Login Credentials regularly. If, at any time, you suspect that someone else is aware of your Login Credentials, you should change them immediately via your Account settings. If you forget part or all of your Login Credentials, please Contact Us.
7.5 If you activate Touch ID, Fingerprint log in, Face ID, Passcode, “Keep me logged in” and/or any similar feature on your device(s) and you suspect that someone else could be accessing your Account via any of these features, you should immediately disable the relevant features from your device(s) and Contact Us.
7.6 Please note that cardholder details and any other sensitive data should never be sent to us by unencrypted email. If you need assistance with sending encrypted emails or sending us sensitive data please Contact Us.
7.7 The current balance and Transaction history of your Account may be viewed at any time once you have logged into your Account.
7.8 You authorize your wireless carrier to use or disclose information about your account and your wireless device, if available, to Hillside (Kentucky) LLC or its service provider for the duration of your business relationship, solely to help them identify you or your wireless device and to prevent fraud. See our Privacy Policy for how we treat your data.
8. Duplicate Accounts
8.1 You may open only one Account. If we discover or have reason to believe that you have opened more than one Account, each such additional Account will be classified as a “Duplicate Account”. We are entitled, in respect of each Duplicate Account:
(a) to close such Duplicate Account leaving you with only the original Account (unless we have reason – for example if you have deliberately or fraudulently opened more than one active Account – to close all your Accounts);
(b) to treat all Promos using the Duplicate Account (and if applicable the original Account), and all winnings accrued from such Promos, as void; and
(c) to void all unsettled and/or future Transactions on the Duplicate Account (and all winnings accrued from such Transactions).
9. Dormant Accounts
9.1 We will treat your Account as “Dormant” if you do not log in for a consecutive period of at least two (2) years.
9.2 If the balance in your Account is zero at the time it is classified as Dormant, it will be closed and no fee will apply. However, if you have a positive balance in your Account, we will attempt to notify you using the details you provided during your registration process (or as later updated by you) to return the balance back to you.
9.3 For security reasons, we may need to confirm that the details of your last payment method are still correct prior to us being able to return the balance back to it. Should it not be possible to return the balance back to your last payment method, you will be required to provide details of a bank account in your name that we can verify and return the balance to.
9.4 If your Account remains Dormant, we will close your account. Following closure of your account, we will attempt to contact you again. If you do not claim your funds within six (6) months following the date of your account’s closure, and any unclaimed funds may be forfeited and remitted in accordance with applicable state law and/or regulation.
9.5 You can “reactivate” a Dormant Account by logging in to the Account.
10. Deposits and How Your Funds Are Held and Protected
Deposits
10.1 You may only make Transactions of/up to the amount of cleared funds held in your Account. This means that, if you want to make Transactions via your Account, you must deposit funds into that Account. Transactions which may inadvertently have been accepted when the Account did not have sufficient funds to cover the Transaction will be void.
10.2 Further details of how to deposit can be found by clicking here. We are entitled to withdraw and/or restrict certain payment/deposit methods at any time without notice or liability to you.
10.3 You may only deposit funds into your Account from a payment source where you are the named account holder.
10.4 We do not charge for deposits made by Debit Card. However, please be aware that some card issuers consider betting transactions as “cash” payments and therefore may charge you a cash advance fee. Please check with your card issuer for further details.
How your funds are held and protected
10.5 By depositing funds into your Account, you direct us and we agree to hold such funds, along with any winnings, for the sole and specific purpose of using them (i) to place your sports Bets and Gaming Bets; and (ii) settling any fees or charges that you might incur in connection with the use of our services (the “Purpose”). All funds that we hold for you are held in separate designated customer bank accounts to be used solely for the Purpose.
10.6 We are not a bank, and you may not use your Account to hold funds which are not intended to be used for the Services. Funds in your Account do not bear interest and no credit will be offered by us (meaning that all Transactions must be supported by sufficient funds in your Account).
Account Statements
10.7 Upon your reasonable request, we will make available to you a copy of your account statement, detailing your account activity (including game play history). You hereby consent to the monitoring and recording by us, our third-party service providers, and the KHRGC of all Betting communications you make through the Services.
11. Withdrawals
11.1 You may withdraw any cleared real money balance in your Account at any time, provided that:
(a) all payments made into your Account have been confirmed as cleared and have not been charged-back, reversed, or otherwise canceled;
(b) we have completed our Verification Checks to our reasonable satisfaction (see Section 6 above). Where we have requested information from you to carry out these Verification Checks (see Section 6.3 above), any delay in providing this information may cause delay when withdrawing funds;
(c) we are not required to withhold payments of your deposit and/or winnings by applicable law or regulation and/or have not been instructed to do so by a regulator; and
(d) there is currently no ongoing, or completed (save where completed and decided in your favor), investigation:
(i) into an Error, Interruption, or Malfunction (as those terms are defined in Section 22 below) involving any aspect of the Services which you have used; or
(ii) where we have reasonable grounds to believe you have engaged in a Prohibited Activity (defined in Section 16.2 below) which would entitle us to withhold funds in accordance with Section 17.5 below,
and in the case of (a) and (b) above, you acknowledge and understand that, as we made clear in the “Important Information” section at the beginning of these General Terms and Conditions, we are ultimately entitled to void any affected Transactions, withhold funds (including any winnings) and (in the case of illegal or Prohibited Activities) suspend and, ultimately, close your Account.
11.2 Withdrawal payments can only be made in the name of and to the registered Account holder. You are prohibited from transferring or selling your account or account balance.
11.3 For most payment types, withdrawals can be processed by clicking “Withdraw” within your Account settings, subject to there being sufficient cleared funds in your Account and save where these Terms require or entitle us to withhold funds (as explained in Section 11.1 above). Authorized withdrawals will usually be processed back to the same payment method that was used to deposit funds into the Account save that, where the balance is funded from more than one payment method, the withdrawal will be split between such payment methods pro rata.
11.4 We don’t impose a maximum withdrawal amount per day, but specific withdrawal methods carry their own maximum per-transaction limits. Please refer to the Withdrawals by clicking here for more details.
11.5 As we made clear in the “Important Information” section at the beginning of these General Terms and Conditions, maximum winnings limits apply to the Services and these limits apply regardless of the amount you have Bet, on those Services. This means that, regardless of the amount you Bet and no matter how much you appear to have “won” as a result of a Transaction, you will only be entitled to receive up to the applicable maximum winnings limit. Our current Maximum Winnings can be found by clicking here.
12. Placing Transactions and Transaction Confirmation
Placing Transactions
12.1 We are entitled to decline to accept all, or part, of any Transaction requested by you via the Services in our discretion. If we decline all or part of a Transaction, we may – but are not obliged to – offer you a different/amended Transaction in place of the decided part of the Transaction (e.g., different odds) and you are free to accept or decline this different/amended part of the Transaction as you wish. We are not obliged to tell you why we have declined to accept a Transaction, or why we have offered a different/amended Transaction.
12.2 We only accept Transactions made online (including via mobile app) or (in exceptional cases where we have agreed in advance) by telephone. Transactions are not accepted in any other form (mail, email, fax, etc.) and where received, will be invalid and void - win or lose.
12.3 It is your responsibility to ensure the details of your Transactions are correct. Once Transactions have been placed, they may not be canceled by you.
12.4 Where “Find my Game” is used to search and navigate to a Live betting list for a televised game, please ensure you check the Bet Slip before placing a Bet. It is the responsibility of the customer to ensure the correct coupon is loaded for the required event. Once Bets have been placed they may not be canceled by the customer.
12.5 Your funds will be allocated to particular Transactions in the order they are placed and will not then be available for any other use. Transactions placed using funds that have already been allocated to one or more other Transactions will be void.
Transaction Confirmation
12.6 Transactions will not be valid if there are insufficient funds in your Account to cover the Transaction.
12.7 Any Transaction that you request online or via our app/s will be valid only once accepted by our servers and subject to our having received payment in full (see Section 12.8). Each valid Transaction will receive a unique Transaction code. We will not be liable for the settlement of any Transactions which are not issued with a unique Transaction code, because these Transactions are not valid. If you are unsure about the validity of a Transaction, please check your Account history, or Contact Us.
12.8 Transactions are not valid until we have received cleared payment in full. Transactions will automatically be void if we have not received the payment prior to the relevant event commencing.
12.9 Should a dispute arise, you and we agree that our Transaction log database will be the ultimate authority in such matters.
Disconnection
12.10. The following provisions apply in the event you are disconnected while using the Services:
(a) If the activity requires no additional action or input on your part at the time you are disconnected, the applicable game or product will produce the final outcome (as determined by the random number generator, if applicable), and when you reconnect to the Services and re-enter the game you were playing at the time you were disconnected, the final outcome will be available for your review.
(b) If the activity requires additional action or input on your part at the time you are disconnected in order to complete the game, the applicable game or product will not produce a final outcome, and when you reconnect to the Services, you can return to the game and complete the action or input necessary to produce the final game result.
(c) If you attempt to reconnect to the Services outside the Commonwealth of Kentucky, or our Geolocation Technologies cannot verify your physical presence in the Commonwealth of Kentucky when you reconnect, any games in progress at the time you reconnect will produce a final outcome, if possible, and the game play session will immediately and automatically terminate.
13. Promotions, Bonuses, and Promos
13.1 We may offer certain bonuses, offers, and/or promotions from time to time via the Services, including (without limitation) Bonus Bet, Bonus Bets, spins, golden chips, cash prizes, tangible prizes, store cards, rebates, cashback (each an “Promo” and together “Promos”).
13.2 All Promos are subject to these Terms, which, as explained in Section 1.2 above, includes the specific terms/rules for any Promos.
13.3 Each Promo is limited to one per person.
13.4 We may withdraw, amend, or cancel any Promo at any time and without notice. If we do so (and save in the circumstances outlined in Section 13.5 below), any Promos that you have opted in for or otherwise accrued will still be valid in accordance with and subject to the relevant Promo Terms that applied at the time of their offer.
13.5 We may also prevent the take-up of new Promos and/or the completion of Promos for legal and regulatory reasons, including but not limited to those relating to responsible gaming.
14. Transaction Settlement and Payouts, Including Our Right to Suspend Markets/Events, Taxes
14.1 As explained in Section 1.2 above, Transactions are subject to our maximum winnings limits, which form part of these Terms. Additional information on the settlement and payment of winnings can be found in our House Rules, which are available by clicking here.
14.2 You are responsible for reporting your winnings and losses to the tax and/or other authorities in your jurisdiction and paying all associated tax liabilities.
14.3 Settlement of Transactions on American sports: In all cases, Transactions on American sports will be settled using statistics and results as provided by each sport's governing body (obvious errors excepted).
14.4 As discussed below, we report gambling winnings, and where applicable, federal and/or state tax withholdings to the Internal Revenue Service (IRS) and the appropriate state governmental and/or tax authorities via Form W-2G as required by law for Sportsbook products.
(a) Any Sportsbook Bet which results in winnings (reduced by the Bet amount) that meet the applicable reporting standards established by the Internal Revenue Code (IRC) and associated Treasury Regulations is subject to reporting via Form W-2G. In addition, we are required to withhold taxes on any Sportsbook Bet that results in winnings (reduced by the Bet amount) that meet the applicable withholding standards established by the IRC and associated Treasury Regulations and/or by applicable state law. We withhold a percentage of your reportable winnings and remit such amount to the IRS. The amount that we withhold and remit is subject to change as required by law, but as of January 1, 2026 we withhold 24%. Where and when applicable, we also withhold the applicable percentage of the reportable winnings and remit such amount to the appropriate state governmental and/or tax authorities.
14.5 We report non-Betting winnings and other reportable cash and non-cash prize and awards payments to the IRS and appropriate state governmental and/or tax authorities (as applicable) via Form 1099 as required by law.
14.6 If you are subject to IRS reporting or withholding requirements, we will provide you with the required Forms W-2G and/or 1099 (as applicable) summarizing the required information about your reportable winnings, prize(s), and/or award(s) for tax purposes by January 31st of the year following the end of the tax year during which those winnings, prize(s), and/or award(s) were earned.
14.7 You hereby affirmatively consent to receiving all your tax-related documents, including any IRS Forms W-2G and/or 1099 electronically. Tax-related documents will remain available electronically for at least three years after the date the document is first made available to you electronically. To request electronic copies of your tax-related documents for prior years, please Contact Us.
14.8 In addition to consenting to and obtaining electronic copies, to request additional paper copies of your tax-related documents, please Contact Us. Requesting a paper copy of your tax-related documents will not be considered a withdrawal of your consent for paperless delivery. To begin regularly receiving paper copies of your future tax-related documents, you must formally withdraw consent by following the steps outlined in Section 14.10 below.
14.9 You agree to notify us promptly if your e-mail address or other account information changes by updating your Account information on the Services or by Contacting Us. For information that is required by law to be sent to you, including Forms W-2G and 1099, if we receive an electronic notice that an e-mail is undeliverable due to an incorrect or inoperable e-mail address, we will resend such information via U.S. Postal Service or other permissible delivery service to your address on file.
14.10 You may withdraw your consent to paperless delivery of future tax-related documents by Contacting Us. We may take up to 15 business days to process a request to withdraw consent to paperless delivery of future tax-related documents.
14.11 To access your electronic tax-related documents, you need to be able to read Adobe PDF files. To do this, you must have Adobe Acrobat Reader installed on your computer. It can be downloaded for free at http://get.adobe.com/reader/. You also need to have a computer with Internet access that supports the use of a browser that supports 128-bit encryption, and you will need to have JavaScript enabled in your browser. You need hardware as necessary to support this software. In order to keep copies for your records, you will need to have access to a printer or have the ability to download information.
14.12 We reserve the right to stop paperless delivery of your tax-related documents at any time by giving you notice. If we choose to do so, we will send you paper copies of all future tax-related documents via U.S. Postal Service or other permissible delivery service to your address on file.
15. Sports and Special Event Betting
15.1 We accept Transactions for sporting and other special events that are advertised on the Services. All such Transactions are subject to the rules applicable to each sport, e.g., Soccer, Tennis, Boxing, etc. In a match/game between two teams where the participants are named, if any player is replaced prior to the match/game starting, all match/game Transactions placed prior to the change and relating to the replaced/non-starting player will be void, win or lose. Our general betting rules will apply to any situations not covered by the special rules.
15.2 Where the official result of a market is a tie and no price was quoted for that eventuality, all Transactions on participants involved in the tie will be void and Bets will be returned.
15.3 The result of a match, game, or event will be determined on the day of its conclusion for betting purposes, subject to confirmation by the relevant sport's governing body. Any subsequent inquiry that may result in an overturned decision will not be recognized by bet365, and original settlement of Transactions will stand.
15.4 If a match, game, or event’s venue is changed (other than to the away team's venue) then Bets already placed will stand providing the home team is still designated as such. If the home and away team for a listed match are reversed (e.g. match is played at the original away team's venue) then Bets placed based on the original listing will be void, unless otherwise stated.
15.5 Next to Start - For specified sports we have a list, listing odds on Betting opportunities within specified time frames of the next 15/30/60 minutes and 2/3 hours (such time frames are subject to change). Transactions will stand irrespective of whether the time of the event changes.
16. Prohibited Activities
16.1 You may only use the Services and your Account for lawful gambling purposes in accordance with these Terms. You must not engage in any activity which we define below as a “Prohibited Activity” and you acknowledge and understand that the consequences of you doing so will (depending on the specific circumstances) include the voiding of any relevant Transactions, the withholding of any attributable winnings, and the suspension and/or closure of your Account. You may also be liable to compensate us for losses suffered by us as a result of you engaging in a Prohibited Activity (see Section 24 below).
16.2 The following activities (including any attempt to engage in the following activities) are each defined as a “Prohibited Activity”:
(a) if you deliberately attempt to circumvent our Responsible Gaming policies and procedures;
(b) if we discover or have reason to believe that you have used the Services in a fraudulent manner and/or for illegal and/or unlawful purposes;
(c) if you repeatedly exceed our daily Account login limit;
(d) if we discover or have reason to believe that you have engaged in a Betting strategy that exploits differences in odds between different sportsbooks, or that involves placing Bets on all possible outcomes of an event, in either case in order to guarantee a profit regardless of the outcome of the event (sometimes referred to as “arbitrage” or “arbing”);
(e) if we discover or have reason to believe that you are depositing or withdrawing money, or otherwise using the Services, without genuine play/Betting;
(f) if we discover or have reason to believe that you have used the Services in an unfair manner, including if you have cheated, colluded, or taken unfair advantage of us, the Services, or any other user of the Services;
(g) if we discover or have reason to believe that your Account is being used for the benefit or on behalf of a third party and/or if you are using the Services other than for your own personal and recreational use (including if you are using any third party’s Account);
(h) if we discover or have reason to believe that you are depositing funds into your Account without the intention to place Transactions;
(i) if the name on your Account differs from the name on the payment method used to make deposits to your Account;
(j) if you are using or attempting to use a VPN or similar technology to disguise your location;
(k) if we have received a “charge back”, “denial”, “reversal” and/or “return” notification via a deposit mechanism used on your Account;
(l) if you misuse any Promos, including if we discover or have reason to believe that you are taking unfair advantage of, or are exploiting or manipulating, any Promos or you otherwise breach the Promo Terms;
(m) if you provide incorrect, incomplete, or misleading information while registering for an Account or afterwards (except where you provide any incorrect, incomplete, or misleading information in order to pass relevant age-verification checks, which situation will be dealt with as described in Section 6.2 above);
(n) if we discover or have reason to believe that you have allowed or enabled someone else to use or access your Account;
(o) if we discover or have reason to believe that you have deliberately or fraudulently opened or are using one or more Duplicate Account(s);
(p) if we discover or have reason to believe that you are using our currency exchange service for any purpose other than the placing of Transactions via the Services (for example currency hedging, speculative trading, and/or any form of currency trading);
(q) if we discover or have reason to believe that you are prohibited from entering into a Transaction by any term of your contract of employment, these Terms, or any rule of a sport governing body or other professional body of which you are a member and which applies to you;
(r) where a Transaction is made on the outcome of a race, competition, or other event or process or on the likelihood of anything occurring or not occurring, and we discover or have reason to believe that you know the outcome of that race/competition/event/process;
(s) if we discover or have reason to believe that you are misusing non-public information to place a Transaction;
(t) if we discover or have reason to believe that you are depositing money into your Account which originates from criminal and/or other illegal activities;
(u) if you behave in a defamatory, abusive, obscene, discriminatory, or otherwise inappropriate manner towards other users of the Services, our customer support team, and/or other staff members/representatives;
(v) if we discover or have reason to believe that you have used automated systems or software to copy and/or extract the whole or any part of the Services, any information or data on the Services or any part of it (including, but not limited to, results, statistics, sporting data and event lists, odds and Betting figures), or any other information or data on or contained within or as part of the Services and/or its source code (sometimes referred to as “screen scraping” or “scraping”);
(w) if we discover or have reason to believe that you have sought to make commercial use of the whole or any part of the Services, the information or data on the Services (including, but not limited to, results, statistics, sporting data and event lists, odds, and Betting figures), or any other information or data on the Services and/or its source code;
(x) if we discover or have reason to believe that you have in any way interfered, interrupted, or manipulated the operation of the Services or the normal running of any of the Services;
(y) if we discover or have reason to believe that you have used any third party external player assistance programs or software which are designed to provide an unfair advantage to customers including (without limitation) the use of artificial intelligence, automated players (bots) and/or player assistance software;
(z) if we discover or have reason to believe that you have exploited or participated in the exploitation of a fault, loophole or error (including any Error, Malfunction, or Interruption as defined in Section 22 below) in the Services and/or in our or any third party's software; and
(aa) if you seriously breach these Terms in some other way.
17. Suspension, Limitation, and Closure of Your Account by Us
17.1 Unless there is a pending investigation or dispute, we may close, limit, or suspend your Account at any time. You may be notified of an Account closure by us, except where we discover or suspect (acting reasonably) that you have engaged in a Prohibited Activity, in which case we are entitled to take such action without notice following the process set out below.
17.2 If we discover or have reasonable grounds to suspect that you have engaged in any Prohibited Activity, we will limit or suspend your Account without notification, and your Account will remain restricted/suspended while the matter is investigated. You agree to cooperate fully with any such investigation. Your funds cannot be accessed or withdrawn during periods of suspension, and any balance will remain in the Account. We will use reasonable efforts to undertake our investigation within a reasonable period, but you acknowledge that any delay on your part to respond to our information or other requests will affect our ability to do so.
17.3 If our investigation results in our decision (acting reasonably) that the issue has been resolved to our satisfaction, we will lift the Account suspension. If our investigation results in our decision (acting reasonably) that you have engaged in any Prohibited Activity, we will permanently close your Account. In these circumstances, your details may be passed on to any applicable regulatory authority or any other relevant external third parties.
17.4 We may also from time to time be required to restrict, suspend or close Accounts for legal or regulatory reasons, including where we are required to do so by a competent authority and/or the terms of our license. Such actions, if applicable, may affect your use of your Account. You should be aware that if you breach any of the Terms, you may also be committing a legal offense, and you may be subject to legal action, including prosecution. We reserve the right to cooperate with law enforcement and other regulatory authorities, including the KHRGC, in investigating claims of suspicious or presumed illegal activity on the Services
17.5 If you are subject to any self- imposed or licensee-imposed exclusion and you have pending bets/wagers, such bets/wagers will not be voided and will remain on your account.
17.6 If we close your Account, any positive real money balance in your Account at the time of such closure by us will be paid back to you, except that:
(a) if you have engaged in illegal activity, we are under no obligation to refund to you any money that may be in your Account; and
(b) if we discover or determine (acting reasonably) that you have participated in any Prohibited Activity then we will withhold all or part of the Account balance and/or void or recover from your Account deposits, pay-outs, Promos, and/or any winnings (if/as applicable) in each case to the extent attributable to the relevant Prohibited Activity(ies).
18. Closing Your Own Account
If you want to close your Account, please do so via our Account Closure page clicking here. Any negative balance on your Account will become immediately due and payable to us, and your Account will not be closed until the relevant amount owed to us is paid in full.
19. Your Equipment
19.1 Your computer equipment or mobile device and internet connection may affect the performance and/or operation of the Services.
19.2 Click here for further information relating to Services accessibility requirements. For information on technical issues relevant to use of the Services, please refer to our disconnection policy in Section 12.10.
20. Software and Technology
20.1 In order for you to use certain aspects of the Services, you may need to download some software (the “Software”).
20.2 Also, certain third party product providers may require you to agree to additional terms and conditions governing the use of their products. If you do not accept those third party terms and conditions, do not use the relevant third party software. We do not accept any liability in respect of any third party software.
20.3 You may only use the Software for the purpose of using the Services as they are designed to be used and, save to the extent permitted by applicable law, for no other purposes whatsoever.
20.4 We grant to you a personal, non-exclusive, non-transferable, right to use the Software, for the sole purpose of using the Services as they’re designed to be used, in accordance with the following provisions.
(a) You may not: (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) your license to use the Software or make or distribute copies of the Software; (iii) enter, access or attempt to enter or access or otherwise bypass our security system or interfere in any way (including, but not limited to, robots or similar devices) with the relevant products or the Services 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, 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 bet365 or a third party software provider company (the "Software Provider"). Any Software and accompanying documentation which have been licensed to us 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) Subject always to Section 23.1, the Software is provided "as is" and we do 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 we nor the Software Provider will have any liability to you or to any third party in respect of such errors. In the event of such errors, we are entitled to remove all relevant products from the Services and take any other action to correct such errors.
(e) You acknowledge that how you use the Software is outside of our control and at your own risk.
(f) The Software may include confidential information which is secret and valuable to the Software Provider and/or us. You are not entitled to use or disclose that confidential information other than strictly in accordance with these Terms.
20.5 You must not misuse the Services 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 Services or any part of it; any equipment or network on which the Services is stored; any Software used in connection with the provision of the Services; or any equipment, software or website owned or used by a third party. You must not attack our Services via a denial-of-service attack. Save where we have not taken reasonable steps, 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 Services, the Software, or to your downloading of any material posted on it, or on any website linked to it.
21. Third Party Content
21.1 We receive feeds, commentaries, and content from a number of suppliers. Certain third party product providers may require you to agree to additional terms and conditions governing the use of their feeds, commentaries and content (including those specified in Section 21.2 below). If you do not accept the relevant third party terms and conditions, do not use the relevant feeds, commentaries or content.
21.2 Where the Services contains links to third party websites and resources, these links are provided for your information only. We have no control over the content of these sites or resources, and accept 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 does not constitute an endorsement of that third party’s website, product or services (if applicable).
22. Malfunctions, Errors and Interruptions
22.1 We try to provide you with a high-quality Betting platform, but we cannot guarantee that the Services will at all times perform correctly. Various kinds of mistakes and errors can occur – technical, human and otherwise – and you understand and agree that we can only provide the Services to you, and you must accept them, in the condition that we make them available from time to time.
22.2 In this Section we set out a description of the things that can go wrong and the rights that we have in such events. In Section 23 below we set out how we will not be liable to you when these (and other) things go wrong.
22.3 Below are some key definitions to help you understand this Section:
A “Malfunction” refers to where an automated process fails to operate as designed or intended, for example where a piece of computer software produces a deviation from its intended performance specifications or parameters, or where two pieces of software fail to interface or communicate with each other in the manner intended or designed, in either case so as to produce a result which is not the result that was intended or designed. These malfunctions may or may not be apparent to us or to you and they may only come to light as and when settlement instructions, game outcomes, winnings or cashouts are investigated and analyzed retrospectively.
An “Error” refers to a mistake or error that is not exclusively technical, for example the mistaken posting of incorrect odds, the offer of incorrect prices or terms for participation in a promotion or gambling opportunity. Errors can arise from human mistakes, administrative, operational or systems failures and combinations of all of these. Errors include (but aren’t necessarily limited to) so-called “palpable” or “obvious” errors, for example where:
· prices/odds/terms offered via the Services are substantially out of the market (i.e., significantly different from those available in the general market (including from other operators) at the time the Transaction is placed);
· Transactions are accepted on a market which should have been suspended or closed, for example where the event is still in progress (except where “in-running” bets are expressly allowed and accepted) or the event in question has already occurred or finished (sometimes referred to as “late bets”);
· prices/odds/terms offered at the time a Transaction is made are a clearly incorrect given the probability of the event or outcome occurring; or
· where a market has been settled but it is subsequently discovered that the outcome/result is incorrect based on the definition of the count for that market e.g., count for shots on target.
An “Interruption” refers to an interruption in a gambling Transaction for any reason, for example an interruption caused by the failure of the internet or connectivity, or severe latency in communications, or technical failure due to some disaster or unforeseen event.
22.4 Where any of the above occur, we will deal with them as described below and it is important that you understand and agree to the following before you use the Services, as we made clear in the “Important Information” section at the top of these General Terms and Conditions:
Malfunctions
22.5 If as a result of a Malfunction, your Account is credited with winnings that you would not have received were it not for that Malfunction, we will have the right to void the relevant and any related Transaction(s) and withhold the relevant winnings. This applies even if the relevant gambling product or Promo could have produced the same or similar amount of winnings without the intervention of the Malfunction and it applies whether the Malfunction was apparent to you or to us or not. If you have withdrawn any such winnings, you agree that you will pay them back to us as and when we ask you to.
22.6 Where any Malfunction is or becomes apparent or obvious to you, or you suspect that a Malfunction may be occurring, you agree that you will cease your use of the relevant Service(s) immediately, and will Contact Us immediately.
Errors
22.7 In the event of an Error, we will have the right to suspend the affect event/market while we investigate the problem, and we will resettle Transactions as set out in our House Rules, which are available by clicking here.
22.8 Error - Maximum Winnings - The maximum amount which can be won for a Transaction placed where (i) there is an Error and (ii) we elect in our discretion to let the Transaction stand but at a revised price (to correct the Error), is $5,000, unless the expected winning amount of the original Transaction was greater than $5,000. In such circumstances, the winning amount of the Transaction placed at the revised price will equal that of the original Transaction with any excess Bet becoming void. For the avoidance of doubt, we are not obliged to do as described in (ii) above and this Section 22.8 does not affect our rights as described in Section 22.9 below.
22.9 If as a result of an Error, your Account is credited with winnings that you would not have received were it not for that Error, we will have the right to void the relevant Transaction and any related Transaction(s) and withhold the relevant winnings. This applies even if the relevant gambling product or Promo could have produced the same or similar amount of winnings without the intervention of the Error and it applies whether the Error was apparent to you or to us or not. If you have withdrawn any such winnings credited as a result of an Error, you agree that you will pay them back to us as and when we ask you to.
22.10 Where any Error is or becomes apparent or obvious to you or you suspect that an Error may be occurring, you agree that you will cease your use of the relevant Service(s) immediately, and will Contact Us immediately.
Interruptions
22.11 Our priority is to ensure that we deal with Interruptions in a way that is fair and does not systematically disadvantage our customers.
22.12 In relation to Sportsbook products: we reserve the right to suspend betting markets, void Transactions and return Bets to customers.
23. Our Liability to You
23.1 Nothing in these Terms excludes or limits our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation; or
(c) any liability which cannot be excluded or limited under applicable law including your statutory rights as a consumer.
23.2 SUBJECT ALWAYS TO SECTION 23.1 ABOVE, WE WILL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, LIABILITIES, OR LOSSES WHICH ARE DEEMED OR ALLEGED TO HAVE ARISEN OUT OF OR IN CONNECTION WITH THE SERVICES OR ITS CONTENT, INCLUDING ARISING FROM OR IN ANY WAY CONNECTED WITH:
(A) LOSSES THAT WERE NOT FORESEEABLE BY YOU AND US AT THE TIME OF YOU FIRST ACCEPTED THE TERMS;
(B) (IF YOU USE THE SERVICES FOR ANY NON-PERSONAL/BUSINESS PURPOSES, WHICH YOU ARE NOT PERMITTED TO DO) ANY BUSINESS LOSSES AND/OR LOSSES TO NON-CONSUMERS (FOR EXAMPLE LOSS OF BUSINESS, LOSS OF BUSINESS INFORMATION, BUSINESS INTERRUPTION AND LOSS OF PROFITS OR REVENUES);
(C) ANY USE BY YOU OF THE SERVICES, INCLUDING WHERE YOU ARE IN BREACH OF THESE TERMS (INCLUDING ANY PROHIBITED ACTIVITY ON YOUR PART);
(D) ANY INCOMPLETE, LOST, OR DELAYED TRANSACTIONS, OTHER THAN TO THE EXTENT CAUSED BY OUR FAILURE TO USE REASONABLE CARE AND SKILL;
(E) DAMAGE TO YOUR EQUIPMENT OR ANY LOSS OR CORRUPTION OF DATA THAT RESULTS FROM YOUR USE OF THE SERVICES, EXCEPT THAT IF ANY DEFECTIVE DIGITAL CONTENT THAT WE HAVE SUPPLIED TO YOU DAMAGES A DEVICE OR DIGITAL CONTENT BELONGING TO YOU AND THIS IS CAUSED BY OUR FAILURE TO USE REASONABLE CARE AND SKILL, WE WILL EITHER REPAIR THE DAMAGE OR PAY YOU COMPENSATION;
(F) ANY THIRD PARTY FEEDS, COMMENTARIES, OR CONTENT;
(G) THE ACCURACY, COMPLETENESS OR CURRENCY OF ANY INFORMATION OR DATA PROVIDED BY US OR THIRD PARTIES (INCLUDING BUT NOT LIMITED TO PRICES, RUNNERS, TIMES, RESULTS, LIVE SCORES OR GENERAL STATISTICS) VIA THE SERVICES;
(H) ANY ERROR, MALFUNCTION OR INTERRUPTION, OR IF FOR ANY REASON THE SERVICES (OR ANY PART OF THEM) ARE UNAVAILABLE AT ANY TIME OR FOR ANY PERIOD;
(I) OUR CLOSURE, RESTRICTION, LIMITATION, OR SUSPENSION OF YOUR ACCOUNT IN ACCORDANCE WITH THESE TERMS;
(J) ANY DELAY IN PERFORMING, OR FAILURE TO PERFORM, ANY OF OUR OBLIGATIONS IF SUCH DELAY OR FAILURE RESULTS FROM EVENTS, CIRCUMSTANCES OR CAUSES BEYOND OUR REASONABLE CONTROL INCLUDING (WITHOUT LIMITATION) ANY TELECOMMUNICATIONS NETWORK FAILURES, POWER FAILURES, FAILURES IN THIRD PARTY COMPUTER HARDWARE OR SOFTWARE, FIRE, PANDEMIC, LIGHTNING, EXPLOSION, FLOOD, SEVERE WEATHER, INDUSTRIAL DISPUTES OR LOCK-OUTS, TERRORIST ACTIVITY AND ACTS OF GOVERNMENT OR OTHER COMPETENT AUTHORITIES;
(K) YOUR DELIBERATE CIRCUMVENTION OF ANY RESPONSIBLE GAMING MEASURES IN PLACE (WHETHER PUT IN PLACE BY YOU OR BY US) (SEE SECTION 25 BELOW);
(L) 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 TRANSACTIONS OR VIEW OR RECEIVE CERTAIN INFORMATION IN RELATION TO PARTICULAR EVENTS);
(M) ANY MARKETING OF THE SERVICES;
(N) ANY STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR
(O) ANY OTHER MATTER RELATED TO THE SERVICES.
23.3 TO THE FULLEST EXTENT PERMITTED BY LAW, THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES US OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BET365 AND YOU. THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NOTWITHSTANDING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY LAW, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF BET365 AND ITS AFFILIATED PARTIES FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OF ACTION OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT OF ANY DEPOSITS AND WINNINGS RESULTING FROM BETS ON YOUR ACCOUNT (TO THE EXTENT YOU OTHERWISE REMAIN ENTITLED TO SUCH DEPOSITS AND WINNINGS UNDER THESE TERMS) REMAINING IN YOUR ACCOUNT AT THE TIME OF YOUR CAUSE OF ACTION OR CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU DO NOT HAVE ANY SUCH DEPOSITS OR WINNINGS IN YOUR ACCOUNT AT THE TIME OF SUCH CAUSE OF ACTION OR CLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH BET365 IS TO STOP USING THE SERVICES AND CANCEL YOUR ACCOUNT.
23.4 IN THE EVENT OF ANY ERRORS, MALFUNCTIONS, VIRUSES OR BUGS, COMMUNICATIONS FAILURE, OR SYSTEMS FAILURE RELATING TO THE SERVICES, AND RESULTING IN LOSS, CORRUPTION, OR MISCALCULATION OF DATA OR WINNINGS OR BONUS/OFFER/PROMO MONEY AMOUNTS, TO THE FULLEST EXTENT PERMITTED BY LAW, BET365 AND ITS AFFILIATED PARTIES SHALL NOT IN ANY WAY BE LIABLE TO YOU, AND BET365 SHALL VOID ALL GAMES IN QUESTION AND PAYMENTS IN RELATION THERETO, AND MAY TAKE ANY OTHER ACTION DEEMED NECESSARY BY BET365 IN ITS SOLE DISCRETION TO CORRECT SUCH ERRORS. BET365 IS NOT REQUIRED TO PROVIDE ANY BACK-UP NETWORK AND/OR SYSTEMS OR SIMILAR SERVICES. IF ANY SUCH ERROR OR MISCALCULATION RESULTS IN OVERPAYMENT TO YOU OF WINNINGS RESULTING FROM BETS ON YOUR ACCOUNT, YOU SHALL NOT BE ENTITLED TO RECEIVE OR RETAIN SUCH WINNINGS, SHALL IMMEDIATELY INFORM US OF THE ERROR, AND SHALL REPAY ANY SUCH WINNINGS TO US (OR BET365 MAY, IN ITS SOLE DISCRETION, DEDUCT AN AMOUNT EQUAL TO SUCH WINNINGS FROM YOUR ACCOUNT, SET OFF SUCH AMOUNT AGAINST ANY OTHER WINNINGS OWED TO YOU, OR TAKE ANY OTHER ACTION NECESSARY TO COLLECT SUCH WINNINGS AS PERMITTED BY APPLICABLE LAWS AND REGULATIONS).
23.5 AS WE MADE CLEAR IN THE “IMPORTANT INFORMATION” SECTION AT THE TOP OF THESE GENERAL TERMS AND CONDITIONS, WE WILL NOT BE LIABLE TO YOU UNDER THESE TERMS, AND NOR DO WE OWE YOU A DUTY OF CARE, IN RESPECT OF OUR COMPLIANCE OR NON-COMPLIANCE WITH ANY REGULATORY OBLIGATIONS THAT WE MAY BE UNDER FROM TIME TO TIME.
23.6 FROM TIME TO TIME, ALL OR PART OF THE SERVICES MAY BE UNAVAILABLE BECAUSE OF OUR MAINTENANCE OF THE SERVICES AND/OR ALTERATION OR AMENDMENT OF ANY OF THE SERVICES AND WE WILL NOT BE LIABLE TO YOU IN THESE CIRCUMSTANCES.
23.7 WHILE WE TRY TO ENSURE THAT THE INFORMATION MADE AVAILABLE VIA THE SERVICES IS CORRECT, WE CANNOT (AND DO NOT) GUARANTEE THE ACCURACY OR COMPLETENESS OF THE INFORMATION AND MATERIAL ON THE SERVICES. THE SERVICES MAY CONTAIN TYPOGRAPHICAL ERRORS OR OTHER INACCURACIES, OR INFORMATION THAT IS OUT OF DATE. WE ARE UNDER NO OBLIGATION TO UPDATE SUCH INFORMATION OR MATERIAL. SUBJECT ALWAYS TO SECTION 23.1 ABOVE, TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS AND TO THE FULLEST EXTENT PERMITTED BY LAW, BET365 AND ITS AFFILIATED ENTITIES, AND THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AND OTHER REPRESENTATIVES, AND BET365’S VENDORS AND BUSINESS PARTNERS (COLLECTIVELY, “BET365 AND ITS AFFILIATED PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICES, WHETHER EXPRESS OR IMPLIED.
23.8 TO THE FULLEST EXTENT PERMITTED BY LAW, BET365 AND ITS AFFILIATED PARTIES SHALL NOT BE LIABLE FOR ANY ACTS OR OMISSIONS MADE BY YOUR INTERNET SERVICE PROVIDER, TELECOMMUNICATIONS PROVIDER, OR OTHER THIRD-PARTY YOU HAVE ENGAGED TO GAIN ACCESS TO THE SERVICES.
24. Your Responsibility to Us, Our Right of Set-Off
24.1 We may set off any positive balance on your Account against any amounts owed by you to us or any company within the bet365 group.
24.2 You agree to compensate us for any costs, charges or losses sustained or incurred by us arising from any Prohibited Activities on your part.
25. Responsible Gaming
25.1 We are committed to supporting responsible gaming. We promote gambling as an enjoyable leisure activity and we believe that gambling can only remain this way if you stay in control and gamble responsibly. However, we know that for some people gambling can stop being a harmless leisure activity and become a problem.
25.2 We have put in place a number of tools that you can use to manage your gambling, such as a budget calculator, deposit limits, reality checks, activity tracker, time-out, self-exclusion, and gambling blocks.
25.3 Pursuant to Kentucky regulations, we will share your self-exclusion request (including your personal information) with the KHRGC for the purpose of distributing your self-exclusion to all Kentucky sportsbook licensees. Removal from a self-exclusion record communicated by the KHRGC does not guarantee your removal from other Kentucky sportsbook licensees’ internal self-exclusion lists. The primary responsibility to avoid wagering activities rests with you and you agree not to hold the KHRGC liable.
25.4 For further information, advice and support, please click here.
25.5 Although we will use our reasonable efforts to enforce our responsible gaming policies, we do not accept any responsibility or liability if you nevertheless continue gambling and/or seek to use the Services with the intention of deliberately avoiding the relevant measures in place (whether put in place by you or by us) and/or we are unable to enforce our measures/policies for reasons outside of our reasonable control including if you have provided us with details which are not true and accurate in order to circumvent any responsible gaming policies or tools.
26. Intellectual Property Rights
26.1 All the trademarks, service marks, trade names, copyrights, graphics, audio, songs, logos and other intellectual property used on or appearing through the Services belongs to us or our licensors. You acknowledge that by using the Services, including through the downloading of any software, you obtain no rights (and shall not claim any rights) in any content of the Services, any downloaded software, or any part thereof, other than the license to use the same as provided for in these Terms. Under no circumstances may you use any content of the Services without our prior written consent. You further agree to not use the Services in any unlawful manner, for any unlawful purpose, or in any way that is inconsistent with these Terms.
26.2 Certain functionality relating to Cash Out is licensed from Colossus (Isle of Man) Ltd under one or more of the following US Patent Nos.: 10,102,716; 9,704,338; 9,424,716; 9,275,516; 9,196,126; 9,117,341; 8,721,439; 8,721,438; 8,734,241; 8,708,811 and 8,602,884.
26.3 If you make use of a feature that allows you to upload material, information, comments, postings, or other content to the Services ("User Content"), then the User Content will be considered to be non-confidential and non-proprietary and bet365 has the right to use, copy, distribute, and disclose to third parties any User Content for any purpose. bet365 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 Services constitutes a violation of their intellectual property rights or of their right to privacy. bet365 has the right to remove, amend or edit any User Content you make on the services.
26.4 You understand that all User Content, whether publicly posted on a forum, posted as part of your public profile or elsewhere, or transmitted to us for posting, is your sole responsibility. If you have any User Content that you would like to keep confidential and/or do not want others to use (including but not limited to, photos, personal information, etc.,) do not use such information as part of your screen name or profile page, post it or submit it for posting to public-facing portions of the Services. To the fullest extent permitted by law, we will not be liable for any User Content, including, but not limited to, any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed or otherwise transmitted via the Services.
26.5 By posting any User Content through the Services, you hereby grant us a royalty-free, fully paid up, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, combine with other works, create derivative works from, distribute, perform, edit and display such User Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You specifically waive any “moral rights” in and to the User Content. You represent and warrant that you own the User Content posted by you on or through the Services or otherwise have the right to grant the license set forth herein, and the posting of your User Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content you posted to or through the Services.
26.6 We respect the intellectual property rights of others and require that bet365 customers do the same. If you believe that your proprietary work has been copied in a way that constitutes copyright infringement, please forward the following information to bet365’s registered Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:
• A physical signature of the person authorized to act on behalf of the owner of the copyright;
• A description of the copyrighted work that you claim has been infringed;
• A description of where the material that you claim is infringing is located on the Services;
• Your address, telephone number and email address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Copyright Agent:
ATTN: Copyright Agent
Hillside (Kentucky) LLC, a Delaware limited liability company located at 1701 Platte Street, Floor 3, Denver, Colorado 80202
Email: copyrightnotices@bet365.com.
27. Privacy and Cookies
27.1 Your personal information is processed in accordance with our Privacy Policy, a copy of which is available by clicking here.
27.2 Our Cookies Policy – a copy of which is available by clicking here – explains what cookies are, how they are used on the Services, and how to manage their use.
28. Other Important Legal Terms
28.1 If you breach these Terms 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.
28.2 The rights and remedies provided by these Terms are cumulative and (unless otherwise provided in these Terms) do not exclude any other rights or remedies available to us.
28.3 If any provision of these Terms is found by any court or body of competent jurisdiction to be invalid or unenforceable, the other provisions shall continue to apply.
28.4 We may transfer our rights and/or obligations under these Terms to another organization at any time. Without limiting the preceding sentence, we may wish to transfer our rights or obligations under these Terms to another company within our corporate group or any other legal entity, including if we restructure or there is a sale of our business. You agree that we may do so provided that in the case of such a transfer, after we notify you of the date on which such transfer takes place, your rights under these Terms will be against the new legal entity. If you are unhappy with the change, you may close your Account at any time.
28.5 These Terms are personal to you. You may not transfer your rights or obligations under these Terms to anyone else.
28.6 If we need to notify or contact you under these Terms, we will do so using the contact details registered to your Account or via notification on our websites, apps and/or or other parts of the Services. If you want to contact us, you can do so via Contact Us.
29. Complaints and Disputes, Governing Law
29.1 Should there be any claim or dispute arising from a Transaction or otherwise in connection with the Services, please Contact Us. If you are not satisfied with the way that your complaint was handled by our support team, our management may intervene to resolve any outstanding grievance in accordance with Section 30.
29.2 After all reasonable steps have been taken by you and us to resolve your complaint, you may file a complaint with the KHRGC by calling (859) 246-2040 or any other method on the KHRGC’s website. We reserve the right to provide a copy of your complaint and relevant documentation to the KHRGC. If you contact the KHRGC to resolve your complaint, you agree to wait for the KHRGC’s final response and provide us with such response, or withdraw your complaint, prior to initiating arbitration pursuant to the Arbitration Agreement in Section 30.
29.3 These Terms shall be governed by, and construed and enforced in accordance with, the laws of the Commonwealth of Kentucky, as it is applied to agreements entered into and to be performed entirely within such commonwealth, without regard to conflict of law principles. You agree that all disputes, claims and causes of action relating to these Terms, the Services, the Rules referenced in Section 1.2, any products sold or distributed through any of the foregoing, and/or the Privacy Policy (collectively, our “Offerings”), shall be resolved as set forth in Section 30. The “Disclaimer; Limitation of Liability” provisions of this Agreement are for the benefit of the bet365 and its affiliates or other third party licensors, and each of these entities shall have the right to assert and enforce these Terms directly against you on its own behalf.
30. Arbitration Agreement
30.1 Applicability of Arbitration Agreement. Subject to the terms of this Arbitration Agreement, you and we agree that any dispute, claim, or disagreement arising out of or relating in any way to your access to or use of the Offerings and any communications you receive, including claims and, to the extent legally enforceable, to any disputes that arose between us before the effective date of these Terms (each, a “Dispute”) will be resolved only by binding arbitration, using the English language, rather than in court, except that: (1) you or we may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents); and (2) if Kentucky gaming regulations require that gaming-related disputes be resolved by the applicable gaming regulator, both you and we must comply with that mandated dispute resolution process. For purposes of this Arbitration Agreement, “Dispute” will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of this Arbitration Agreement and/or these Terms, as well as claims that may arise after the termination of your Account and/or your access to or use of our Services.
30.2 Waiver of Jury Trial. YOU AND WE HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and we are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified above. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
30.3 Waiver of Class and Other Non-Individualized Relief. YOU AND WE AGREE THAT, EXCEPT AS SPECIFIED IN SECTION 30.9, EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party's individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under Section 30.9. Notwithstanding anything to the contrary in this Arbitration Agreement, if a final decision, not subject to any further appeal or recourse, determines that the limitations of this Section are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and we agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated only in the courts of Kentucky in a bench trial only. YOU AND WE HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO HAVE A TRIAL IN FRONT OF A JURY FOR SUCH CLAIM OR REQUEST FOR RELIEF. All other Disputes shall be arbitrated. This subsection does not prevent you or us from participating in a class-wide settlement of claims.
30.4 Arbitration Demand.
You and we agree that before either party commences arbitration against the other, we will give notice to the other party in writing of the Dispute and its intent to initiate an arbitration proceeding (“Notice”), which Notice shall be delivered at least 30 days prior to initiating an arbitration proceeding. Any Notice from you to us should be sent by certified mail to 1701 Platte Street, Floor 3, Denver, Colorado 80202, Attn: bet365 Legal Department, and any Notice from us to you will be sent to the email or physical mailing address you provided to us. If such contact information has not been provided, we may also use any other reasonable means to contact you to provide the Notice, including by posting a message in your Account. Any statute of limitation or statute of repose or similar shall be tolled by 30 days, the same number of days as required prior to initiating an arbitration proceeding.
A Notice, whether sent by you or us, must include: (1) your name, telephone number, mailing address, and email address associated with your Account (if you have one); (2) the name, telephone number, mailing address and e‐mail address of your counsel, if any; and (3) a description of your Dispute.
If the Parties are not able to resolve any Dispute, either party may initiate an arbitration proceeding by sending a demand to the other party that describes the nature and basis for the claim (“Arbitration Demand”). In addition to any additional information required by the JAMS Rules (defined below), the Arbitration Demand must include: (1) the name, telephone number, mailing address, e‐mail address of the party seeking arbitration and the account username (if applicable) as well as the email address associated with any applicable account; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States Dollars; (4) a statement certifying compliance with the informal dispute resolution process as described above; and (5) evidence that the initiating party has paid any necessary filing fees in connection with such arbitration. The Dispute Notice shall be personally signed by the claimant, and the claimant shall declare under penalty of perjury that the facts stated in the Arbitration Demand are true and correct. If the claimant is represented by counsel, the Arbitration Demand shall also include counsel’s name, telephone number, mailing address, and email address. Such counsel must also sign the Arbitration Demand. By signing the Arbitration Demand, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (i) the Arbitration Demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (ii) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (iii) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.
30.5 Arbitration Rules and Forum. These Terms evidence a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings. Arbitration will be administered by JAMS Mediation, Arbitration, and ADR Services (“JAMS”) in accordance with the JAMS Streamlined Arbitration Rules and Procedures, as supplemented by the JAMS Mass Arbitration Procedures and Guidelines in the event that the Batch Arbitration process discussed in Section 30.9 is triggered (collectively, “JAMS Rules”). The JAMS Rules and arbitration forms are available at www.jamsadr.com or by request at 1-800-352-5267. A party who is eligible to file an Arbitration Demand pursuant to this Arbitration Agreement must commence arbitration with JAMS and provide appropriate notice to the other party as required by the JAMS Rules. If a party initiates an arbitration in a manner inconsistent with the applicable JAMS Rules, the opposing party may seek summary dismissal and costs for failing to comply with the applicable JAMS Rules. Unless you and we otherwise agree, the proceedings must be filed in Denver, Colorado to the extent permitted by applicable law. Your responsibility to pay any JAMS fees and costs will be solely as set forth in the applicable JAMS Rules.
Subject to the applicable JAMS Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of the arbitration. You and we agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and then subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential. Notwithstanding the foregoing, we may share information relating to any arbitration, including any related materials and documents, (a) with any of our gaming regulators, and (b) with other third parties to the extent disclosure is required by applicable law or a binding agreement. During the arbitration, the amount of any settlement offer made by you or us must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.
30.6 Arbitrator. The arbitrator will be selected by the parties from the JAMS roster of consumer dispute arbitrators pursuant to the applicable JAMS Rules. If the parties are unable to agree upon an arbitrator within 35 days of delivery of the Arbitration Demand, then JAMS will appoint the arbitrator in accordance with the applicable JAMS Rules, provided that if the Batch Arbitration process under Section 30.9 is triggered, JAMS will appoint the arbitrator for each batch.
30.7 Authority of Arbitrator. The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes arising out of or related to the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties, except as expressly provided in Section 30.9. The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction.
30.8 Attorneys’ Fees and Costs. The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Arbitration Demand was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If you or we need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in such action shall have the right to collect from the other party its reasonable costs, necessary disbursements, and reasonable attorneys' fees incurred in securing an order compelling arbitration. The prevailing party in any court action relating to whether either party has satisfied any condition precedent to arbitration is entitled to recover their reasonable costs, necessary disbursements, and reasonable attorneys’ fees and costs.
30.9 Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations by multiple claimants, you and we agree that in the event that there are 25 or more individual Arbitration Demands of a substantially similar nature filed against us by or with the assistance of the same law firm, group of law firms, or organizations, within a 90-day period, JAMS shall (1) administer the arbitration demands in batches of up to 100 Arbitration Demands per batch (plus, to the extent there are less than 100 Arbitration Demands left over after the batching described above, a final batch consisting of the remaining Arbitration Demands), or in a single batch if there are fewer than 100 Arbitration Demands in total; (2) appoint one arbitrator for each batch; (3) administer the batches concurrently; (4) provide for the resolution of each batch as a single consolidated arbitration with one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award; and (5) apply one filing fee per side for the arbitration of all of the Arbitration Demands, and one arbitration filing fee per batch, as provided in JAMS’ Mass Arbitration Procedures Fee Schedule (“Batch Arbitration”). Arbitration awards in one batch of arbitration demands shall have no precedential effect on subsequently administered batches, but may be cited by the parties as persuasive authority.
All parties agree that Arbitration Demands are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise JAMS, and JAMS shall appoint a Process Administrator to determine the applicability of the Batch Arbitration process, per the JAMS Mass Arbitration Procedures and Guidelines. You and we agree to cooperate in good faith with JAMS to implement the Batch Arbitration process, as well as reasonable steps to minimize the time and costs of arbitration. This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.
30.10 30-Day Right to Opt Out. You have the right to opt out of this Arbitration Agreement by sending written notice of your decision to opt out by certified mail to 1701 Platte Street, Floor 3, Denver, Colorado 80202, Attn: bet365 Legal Department, within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your Account (if you have one), and an unequivocal statement that you want to opt out of the Arbitration Agreement for the Service. If you opt out of this Arbitration Agreement, all other parts of the Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
30.11 Invalidity. Except as provided in Section 30.9, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. However, Section 30.9 is a necessary and indispensable part of this Arbitration Agreement. For the avoidance of doubt, this means that, if Section 30.9 is found by a court or arbitrator to be invalid or unenforceable to any extent in any dispute to which you are a party, then you agree that the entire Arbitration Agreement shall be of no force and effect as to that dispute.
30.12 Expiration. You further agree that any Dispute that you have with us as detailed in this Arbitration Agreement must be initiated via arbitration within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.
30.13 Modification. Notwithstanding any provision in the Terms to the contrary, we agree that if we make any future material change to these Terms, which may include material changes to this Arbitration Agreement, we will notify you. Your continued use of the Services, including the acceptance of products and services offered on or through the Services, following the posting of changes to this Arbitration Agreement constitutes your acceptance of any such changes, unless you opt out of the new version of the Arbitration Agreement within 30 days of it being posted, pursuant to the process set forth in Section 30.10. We will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of the Terms.