These terms and conditions apply to, and are binding upon you if you participate at Betup888.com. These terms and conditions replace any pre-existing Terms and Conditions that appeared on this website. In these Terms & Conditions:
“Account” means a unique Account that has been issued by Betup888.com;
“This Agreement” means these Terms and Conditions;
“Betup888.com” refers to Betup 888, a business registered in Australia under the Corporations Act;
“Betup888.com website” refers to www.betup888.com;
“Charge-back” means when you, or a credit card issuing bank, or any other third party payments solution provider effects a reversal of charges in relation to your credit card or third party deposit transaction;
“Dormant Account” means an Account that has been inactive for a period of six (6) months or more;
“Dormant Member” means a Member who has a Dormant Account;
“Participate” means, without limitation, any of the conduct described in 4.1.1 to 4.1.4 below, and visiting Betup888.com website and/or utilising Betup888.com in any manner whatsoever;
“Member/s” means a Real Member and/or a Dormant Member and/or a Closed Account Member;
the “Service” means the availability to, and the provision of a website interface that enables you to access Betup888.com using the Internet or via email;
“We/us/our” means the operators of Betup888.com and/or its group companies; and
“Your Jurisdiction” means the jurisdiction in which you are domiciled, reside or work.
1. YOUR PARTICIPATION AT Betup888.com
1.1.1 Participation at Betup888.com is at your sole option, discretion and risk.
1.1.2 You are solely responsible for ascertaining whether it is legal in Your Jurisdiction to participate at Betup888.com. You may only participate at Betup888.com if it is legal for you to do so within Your Jurisdiction. We do not warrant the legality of your participation at Betup888.com in terms of the laws of Your Jurisdiction.
1.1.3 In addition to the provisions of 1.1.2 above, you may only participate at Betup888.com if you have attained the legal age of majority within Your Jurisdiction, and you are at least 18 years of age.
1.2 YOUR WARRANTIES
1.2.1 You warrant and represent, and we enter into this Agreement on the basis of such representations and warranties, all of which are material at the time of your entering into the Agreement and throughout the currency hereof, that you:
220.127.116.11 Are legally able to participate in Betup888.com within Your Jurisdiction;
18.104.22.168 Are an “adult”, having attained the age of majority within Your Jurisdiction;
22.214.171.124 Are at least 18 years of age;
126.96.36.199 Shall not allow any third party (in particular, but without limitation, any minor/s) to, directly or indirectly, use your Account/s that you hold at Betup888.com, participate at Betup888.com in any manner whatsoever, or accept any promotional offers or prizes from Betup888.com;
188.8.131.52 Have furnished us with personal details that are valid, accurate, and complete in each and every respect and that you shall advise us immediately via e-mail should such details change;
184.108.40.206 Shall pay all monies owed to Betup888.com and in respect of payment shall not charge-back, and/or deny or reverse or countermand any such payments;
220.127.116.11 Shall be wholly responsible for the secrecy of your account, and shall make every effort to prevent the use of the account number by any third party; and
18.104.22.168 Have read and understood these Terms and Conditions.
1.3 REFUSAL TO REGISTER, DEREGISTRATION, EXCLUSION & SUSPENSION
1.3.1 We may refuse to register you as a Member or elect to deregister and exclude you or suspend you as a Member from Betup888.com at any time if we deem that your participation at Betup888.com is, shall be or has been previously, in anyway fraudulent, illegal or that your participation is or has been abusive or irregular in any way.
1.3.2 You acknowledge hereby that Betup888.com is not obliged to give you prior notice of its decision to refuse, deregister or exclude or suspend you, nor to furnish you with any reasons for such decision.
1.4 CONSEQUENCES OF DEREGISTRATION, EXCLUSION OR SUSPENSION
1.4.1 If we deregister or exclude or suspend you from Betup888.com we have the right to:
22.214.171.124 Withhold payment to you of any contested funds whether such contested funds are deposits, refunds, bonuses, free monies, credits, payouts or the like; and/or
126.96.36.199 Exclude you from all or any other products of which Betup888.com is a member; and/or
188.8.131.52 Solely determine what criteria you shall have to meet in order to establish a New Account at Betup888.com; and/or
184.108.40.206 In the case of fraudulent, illegal or similar misconduct by you or failure by you to pay any sums due to us:
220.127.116.11.1 Furnish any relevant information about you to an intra-group database recording such mischief and, if necessary, hand over your account details to a collection agency for the recovery of any sums that you owe us. You hereby irrevocably authorise us to do so in our absolute discretion; and/or
18.104.22.168.2 Have forfeited to us, any contested funds that may be derived by you from fraudulent, illegal or similar miscount.
1.5 DORMANT ACCOUNTS
1.5.1 It is recorded that the provisions of this Clause 1.5 only apply if a Member’s account at Betup888.com constitutes a Dormant Account.
1.5.2 An Account Management fee may be debited from any account that is dormant.
1.6 NATURE OF YOUR ACCOUNT
1.6.1 Your Account is not a bank account and is therefore not insured, guaranteed, sponsored or otherwise protected by any deposit or banking insurance system or by any other similar insurance system. Any monies deposited with us in Your Account shall not attract any interest. Monies deposited with us are held under a normal bank account in the name of the appropriate company.
1.7 MONEY LAUNDERING
1.7.1 It is recorded that some jurisdictions have strict laws on money laundering that may impose an obligation upon us to report you to the federal or local authorities within such jurisdictions if we know, suspect or have reason to suspect that any of your transactions, amongst other things, involve funds derived from illegal activities or are intended to conceal funds derived from illegal activities or involve the use of Betup888.com to facilitate criminal activity.
1.7.2 If we have knowledge or suspicion envisaged in 1.7.1 above we may:
22.214.171.124 Immediately suspend, deregister or terminate Your Account at Betup888.com; and/or
126.96.36.199 At our sole discretion, not refund to you any funds held in such Account; and/or
188.8.131.52 Furnish any relevant information about you to an intra-group database recording such mischief. You hereby irrevocably authorise us to do so in our absolute discretion.
1.7.3 We reserve the right to report you to the aforementioned federal or local authorities should we, in our absolute discretion, determine that we are obligated, by law, to do so.
1.7.4 In order to assist in the prevention of money laundering:
184.108.40.206 No cash shall be accepted to fund any Account at Betup888.com;
2. THE SERVICE
2.1 The Service is provided “as is”. We make no warranty or representation, whether express or implied, in relation to the satisfactory quality, fitness for purpose, completeness or accuracy of the Service or the Website.
2.2 We shall not be liable for computer malfunctions, failure of telecommunications service or Internet connections nor attempts by you to participate in activities, means or ways not intended by us.
2.3 We cannot guarantee that the Service will never be faulty, but we will correct reported faults as soon as we reasonably can. If a fault occurs you should report the fault by e-mail.
2.4 Although we shall take all reasonable measures to ensure that the website and any files originating from us are free from viruses, we cannot and do not guarantee that any files are free of such problems. It is your responsibility to protect your systems and have in place the ability to reinstall any data or programs lost due to a virus.
2.5 We may temporarily suspend the whole or any part of the Service for any reason at our sole discretion. We may, but shall not be obliged to, give you as much notice as is reasonably practicable of such suspension. We will restore the Service, as soon as is reasonably practicable, after temporary suspension.
3. SHARED ENVIRONMENTS
3.1 We may impose any limits or conditions that we, in our sole discretion, deem fit on any persons who open or attempt to open Accounts at Betup888.com where such Accounts originate from environments where computers are, or the environment, is shared.
4. INDEMNITY & LIMITATIONS OF LIABILITY
4.1 You indemnify and hold harmless Betup888.com, its directors, officers, employees, shareholders, agents and affiliates against any and all costs, expenses, liabilities and damages (whether direct, indirect, special, consequential, exemplary or punitive or other) arising from any participation by you at Betup888.com. The nature of your participation shall include, but not be limited to, inter alia:
4.1.1 visiting, use or re-use of Betup888.com Website;
4.1.2 use or re-use of any materials at, or obtained from, this Betup888.com website or any other source whatsoever;
4.1.3 facilitating or making a deposit into your Account at Betup888.com; and
4.1.4 use or re-use of Betup888.com website, by any means and through any medium.
4.2 In no circumstances whatsoever shall Betup888.com, its directors, officers, employees, shareholders, agents and affiliates be liable to you in contract, tort, negligence or otherwise, for any loss or damage howsoever arising from any cause whatsoever, whether direct or indirect, or for any amounts whatsoever (even where we have been notified by you of the possibility of such loss or damage).
4.3 You are wholly responsible for the secrecy of your account, and should make every effort to prevent the use of the personal account number by any third party, as any transactions entered into where the account holder’s number has been given, shall stand as bona fide transactions. In the event that you suspect that a third party may have your account number and or password, you may at any time ask Betup888.com to furnish you with a new account number and/or password.
5. PROMOTIONS & COMPETITIONS
5.1 It is recorded that Betup888.com shall, from time to time, offer certain promotions and competitions and that these competitions and promotions may have separate terms, conditions and rules that are competition or promotion-specific.
5.2 These Terms and Conditions apply to any competition or promotion.
5.3 In the event of conflict between these Terms and Conditions and the promotion or competition-specific Terms and Conditions, the promotion or competition-specific Terms and Conditions shall prevail but only to the extent that the Terms and Conditions conflict with one another.
6. INTELLECTUAL PROPERTY
6.1 We hereby grant you a revocable, non-exclusive, non-transferable right to use Betup888.com website and all content derived from Betup888.com website, including copyright and all intellectual property rights therein, in connection with the Service in accordance with these Terms and Conditions.
6.2 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of Betup888.com website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
6.3 You acknowledge and agree that the material and content contained within Betup888.com website is made available for your personal non-commercial use only and that you may download such material and content onto only one computer hard drive for such purpose. Any other use of such material and content is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit, tamper with, or create derivative works of such material and content.
7.1.1 Betup888.com may, without notice to you, amend, alter, delete, interlineate, or add to (“Changes”) these Terms and Conditions or the Promotional and Competition Rules at any time whatsoever.
7.1.2 These Changes shall become effective, and you shall be bound by these Changes, immediately upon their posting on Betup888.com website.
7.1.3 You agree to regularly review these Terms & Conditions, promotion or competition-specific Terms and Conditions in order to assess whether any Changes have been made.
Betup888.com employees, subsidiaries, licensees, licensors, distributors and other associated or affiliate companies or, in the case of individuals, the immediate family of such individuals, are not eligible to participate at Betup888.com.
If any part of these Terms and Conditions is deemed unlawful, void or for any reason unenforceable, then that part shall be deemed to be severable from the rest of these Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions of these Terms and Conditions. In such cases, the part deemed invalid or unenforceable shall be amended in a manner consistent with applicable law to reflect, as closely as possible, our original intent.
No indulge granted by Betup888.com to you should be construed as a waiver of any of our or Betup888.coms rights in terms of these Terms and Conditions.
7.5 THIRD PARTIES
Unless otherwise expressly stated, nothing in these Terms and Conditions shall create or confer any rights on any persons not party to these Terms and Conditions.
We reserve the right to transfer, assign, sub-licence or pledge, in whole or in part, any of the rights and obligations granted to or imposed upon us by these Terms and Conditions. You may not transfer, assign, sub-licence or pledge any of the rights and obligations granted to or imposed upon you by these Terms and Conditions.
7.7 WHOLE AGREEMENT
Unless the context otherwise indicates, these Terms and Conditions set out the entire agreement between us and supercede all prior oral or written agreements, arrangements or understanding between us. You acknowledge that you are not relying on any representation, agreement, term or condition that is not set out in this Agreement.
In this Agreement the headings are used for convenience only and shall not affect its interpretation. References to persons shall include incorporated and unincorporated persons; references to the singular include the plural and vice versa; and references to the masculine include the feminine.
7.9 APPLICABLE LAW AND JURISDICTION
The validity, construction and performance of this Agreement shall be governed by the laws of Australia, and shall be subject to the non-exclusive jurisdiction of the courts of Australia.
Betup888.com subscription packages are non-refundable, although you can of course cancel your subscription at any time to avoid making any future payments. You will continue to receive the service you signed up until the end of the subscription period you paid for.
7.11 LIMITATIONS OF ACTIONS
You hereby agree that any legal proceedings to enforce any claim that you may have (if any) against Betup888.com shall be initiated by you within a period of six (6) months of the cause of action arising (the “Prescription Period”); failing which you hereby forever waive and abandon any right that you may have to enforce such claim after the Prescription Period and confirm that on the expiry of the Prescription Period the said claim shall be void, waived and abandoned in law.