Terms and Conditions

1. Definition of Terms

The following definitions are used in these terms and conditions:

“Bonus Terms” means any terms and conditions and/or rules with regard to promotions, bonuses and special offers which may apply to any part of the Services from time to time

“Your Contact Details” are as defined in paragraph 4

“Download Terms” means any additional end user terms and conditions of use which You are required to confirm Your agreement to as part of the download and/or installation of any software which You may download in order to be able to use the Website.

“General Terms” means the terms and conditions set out in this document

“Privacy Policy” means the babaijebu privacy policy accessed via a Privacy Policy link from the babaijebu website

“Rules” means the Betting Rules specifically applicable to the relevant type of betting on the babaijebu platform

“Services” means the services offered for the time being by babaijebu through the Website

“Terms of Use” means (a) the General Terms, (b) the Privacy Policy and © where appropriate under paragraph 1.3, the relevant Rules and Bonus Terms applicable to the Services that are being used by You and (d) any Download Terms

1.2 By using and/or visiting any section of the Website, or by opening an account with babaijebu, You agree to be bound by the Terms of Use and You accordingly: (a) agree to the use of electronic communications in order to enter into contracts; and (b) waive any applicable rights or requirements which require a signature by hand, to the extent permitted by any applicable law. The Terms of Use do not affect Your statutory rights.

1.3 In addition, where You play any game, or place a bet, using the Services, You agree to be bound by the Game Rules on the babaijebu website as set out under the Help tab (“the Game Rules”);

1.3.1 any Bonus Terms; and

1.3.2 any Download Terms.

1.4 The original text of the Terms of Use are in English and any interpretation of them will be based on the original English text. If the Terms of Use or any documents or notices related to them are translated into any other language, the original English version will prevail.

1.5 In the event that there is any specific conflict or inconsistency between any of the individual parts of the Terms of Use making up Your contract with babaijebu, the order of precedence shall be as follows:

1.5.1 the Bonus Terms;

1.5.2 the Game Rules;

1.5.3 the General Terms;

1.5.4 the Privacy Policy; and

1.5.5 the Download Terms.

1.6 Please read the Terms of Use carefully before accepting them. Once You have accepted the Terms of Use, please print the Terms of Use and store them, along with all confirmation emails, additional terms, transaction data, game rules and payment methods relevant to Your use of the Website. Please note that the Terms of Use are subject to change, as set out in paragraph 3 below.

1.7 If You do not agree to accept and be bound by the Terms of Use please do not open an account, and/or continue to use Your Account. Your continued use of any of the Services will constitute acceptance of the Terms of Use which We have notified You are in force from time to time.

1.8 The Terms of Use govern Your contract with babaijebu. For the avoidance of doubt, each and all sections of the Website are governed by the Terms of Use, and You should ensure at all times that Your use of the Services is in accordance with the Terms of Use.

2. RELEVANT babaijebu PARTIES

2.1 The Terms of Use shall be agreed between You and babaijebu

2.2 The Website, the odds and prices contained in it and the Terms of Use may be translated into a number of languages and are therefore intended to be used by the citizens of the relevant countries and other countries which speak those languages.

2.3 References in the Terms of Use to “Us”, “Our” or “We” are references to

2.3.1 babaijebu

2.3.2 (where appropriate) Our agents, partners, and suppliers.

3. Changes to the Terms of Use

3.1 We may need to change the Terms of Use from time to time for a number of reasons, including (without limitation) for commercial reasons, to comply with law or regulations, to comply with instructions, guidance or recommendations from a regulatory body, or for customer service reasons. The most up-to-date Terms of Use can be accessed from the Terms and Conditions link in the footer section of the Website, and the date on which they will come into force is noted in paragraph 1.8 of these General Terms.

3.2 Where We wish to make substantial changes to the Terms of Use, We will give You as much prior notice of such changes as is reasonably practicable via one of the methods set out in paragraph 3.3. For minor or insubstantial changes, We may not give You any notice of such changes, so You are advised to review the Terms of Use through the Terms and Conditions link on the Website on a regular basis.

3.3 It is Your responsibility to periodically check the terms and conditions for any changes We may make.

4. Opening Your Account

4.1 In order to place a bet or play a game using the Services, You will need to open an account with babaijebu (“Your Account” or “Account”).

4.2 In order to open Your Account for use with the Services, You must click on the ‘Register’ link on the Website and follow the on-screen instructions.

4.3 If Your Account application is successful, babaijebu will inform You via the email address provided as part of the application informing You of the necessary steps to complete Your Account setup. Your Account then be created and operated by babaijebu.

4.4 If You do not wish Your Contact Details to be used by Us and Our business partners to contact You to inform You with marketing information relating to others of Our goods, products or services or those of Our business partners, please indicate that this is the case by ticking the relevant box as instructed when You register for an account or by informing Customer Services.

4.5 In opening Your Account You warrant that:

4.5.1 You understand and accept the risk that, by using the Services, You may, as well as winning money, lose money;

4.5.2 You are (a) over 18 years of age and (b) above the age at which gambling or gaming activities are legal under the law or jurisdiction that applies to You (the “Relevant Age”);

4.5.3 gambling is not illegal in the territory where You reside;

4.5.4 You are legally able to enter into contracts;

4.5.5 You have not been excluded from gambling; and

4.5.6 You have not already had an Account closed by Us under paragraphs 11 (Collusion, Cheating, Fraud and Criminal Activity), 20 (Breach of the Terms of Use) or at Your request under paragraph 32.1 (Responsible Gaming/Gambling).

4.6 Your Account must be registered in Your own, correct, name and personal details and it shall only be issued once for You and not duplicated through any other person, family, household, address (postal or IP), email address, or any environment where computers are shared (e.g. schools, workplaces, public libraries etc), computer (or other access device), and/or account in respect of the Services. Duplicate Account will not be permitted

5.VERIFICATION OF YOUR IDENTITY; MONEY LAUNDERING REQUIREMENTS

5.1 You warrant that:

5.1.1 The full name and home address you supply when opening your account are correct; and

5.1.2 You are the rightful owner of the money which You at any time deposit in Your Account.

5.2 By agreeing to the Terms of Use You authorise Us to undertake any such verification checks from time to time as We may require ourselves or may be required by third parties (including, but not limited to, regulatory bodies) to confirm these facts (the “Checks”). You agree that from time to time, upon Our request, You may be required to provide additional details in respect of any of such information You have provided us, including in relation to any deposits which You have made into Your Account.

5.3 Whilst We are undertaking any Checks from time to time, We may restrict You from withdrawing funds from Your Account and/or prevent access to all or certain parts of the Website. Please note that We may from time to time re-perform the Checks for regulatory, security or other business reasons. If any such restrictions cause You a problem, please contact Customer Services.

5.4 In certain circumstances We may have to contact You and ask You to provide further information to Us directly in order to complete the Checks. For this purpose, We will be entitled, at Our sole discretion, to require that You provide Us with a notarised ID or any equivalent certified ID according to the applicable law of Your jurisdiction or otherwise, proof of address, utility bills, bank details, bank statements and bank references. Until such information has been supplied to Our satisfaction We may prevent any activity to be undertaken by You in relation to the Account or We may, where We reasonably believe that deliberately incorrect information has been provided by You, keep any amount deposited on the Account following the closure of the Account by us.

5.5 It may be an offence for persons under the Relevant Age to make use of the Website. If We are unable to confirm that You are the Relevant Age then We may suspend Your Account until such time that We are able to confirm that You are the Relevant Age. If You are subsequently proven to have been under the Relevant Age at the time You made any gambling or gaming transactions with Us, then

5.5.1 Your Account will be closed;

5.5.2 all transactions made whilst You were underage will be made void, and all related funds deposited by You will be returned by the payment method used for the deposit of such funds, wherever practicable;

5.5.3 any deposits made whilst You were under the Relevant Age will be returned to You; and

5.5.4 any winnings which You have accrued during such time when You were under the Relevant Age will be forfeited by You (and may be deducted from the amount of any deposit returned under paragraph

5.5.5 and You will return to Us on demand any such funds which have been withdrawn from Your Account.

6. USERNAME, PASSWORD, PIN AND CUSTOMER INFORMATION

6.1 After opening Your Account, You must use take all reasonable steps to avoid disclosing (whether deliberately or accidentally) Your username, password and/or account number to anyone else, including ensuring that up-to-date security software is downloaded onto Your computer.

6.2 All transactions made where Your username and password and/or account number have been entered correctly will be regarded as valid, whether or not authorised by You, and We shall not be liable for any claims in the event that You disclose Your username, password or account number to anyone else (whether deliberately or accidentally).

6.3 If You have lost or forgotten Your Account details, or have reason to believe that such details are known to an unauthorised third party, please contact Us immediately for a replacement through Customer Services, details of which can be found in the Help section of the Website.

7. DEPOSITS AND WITHDRAWALS FROM YOUR ACCOUNT

7.1 If You wish to participate in the Services, You must deposit monies into Your Account from an account or source of which You are the account holder. Such monies may (subject to paragraph 5) then be used by You to place bets. All deposits and withdrawals will either be through direct bank transfer or Visa/MasterCard.

7.2 You further agree not to make any charge-backs, reversals or otherwise cancel any deposits into Your Account, and in any such event to refund and compensate Us for such unpaid deposits including any expenses incurred by Us in the process of collecting Your deposit. For the avoidance of doubt Your Account shall not be used by You as a bank account and, should We become aware of deposits into and withdrawals from Your Account without commensurate betting activity, We reserve the right to deduct an administration charge (whether or not We close or suspend the account).

7.3 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 and/or escrow account in the name of babaijebu, which holds the monies in the account on trust for You and other persons entitled. As such, in the event of Our insolvency, You would be entitled to claim any monies held on trust for You in such an account, but You would have no protection under any statutory deposit guarantee scheme.

7.4 We may at any time set off any positive balance on Your Account against any amount owed by You to babaijebu (irrespective of whether there has been a breach of the Terms of Use), including (without limitation) where We re-settle any bets or wagers pursuant to paragraph 11 (Collusion, Cheating, Fraud and Criminal Activity) or paragraph 18 (Errors or Omissions).

7.5 To the extent required by Your local law or tax or other authorities You are responsible for reporting Your winnings and losses arising from the Services.

7.6 Subject to paragraph 12 (Closure of Your Account; etc), You may request withdrawal of funds from Your Account at any time provided that:

7.6.1 all payments made into Your Account have been confirmed as cleared and none have been charged-back, reversed or otherwise cancelled;

7.6.2 any Checks referred to in paragraph 5 above have been completed by Us to Our satisfaction; and

7.6.3 You have complied with any other relevant withdrawal conditions affecting Your Account (e.g. any applicable Bonus Terms).

7.7 On any withdrawal approved by Us We will return the relevant funds to You in accordance with paragraph 7.7 less charges incurred or any other amount required to be deducted from Your withdrawal in order to comply with any applicable law.

7.8 Withdrawals will be returned by bank transfer to the bank account registered against Your Account.

7.9 We will hold monies in the deposit account and/or escrow account referred to in paragraph

7.10 as trustee for You and not as Your banker or debtor. Therefore, notwithstanding any other provision in the Terms of Use, We will deal with Your money as a trustee, and no such provision shall create or give rise to any obligation on the part of babaijebu to repay money to You as Your debtor.

7.11 We do not undertake to advise You that You have an outstanding balance to collect. If You do not access Your account by logging onto the Website(s) and using the services offered for any consecutive period of 365 days Your account will be deemed inactive. We shall be entitled to charge You periodic administrative fees during the period that Your account remains inactive and set off such charges against funds in the account up to the extent of Your account balance.If an inactive account is identified, We may attempt to contact the account holder via telephone, email or written communications, using the contact details registered with the account. If this fails We may use other methods at Our disposal to seek to contact the account holder. If such efforts prove unsuccessful and contact with the customer cannot be established within twelve months of the date from which the account was identified as ‘dormant’, any outstanding bankroll in such account may be set aside and We shall reserve the power to close the account.

7.12 When you open an account with us, you can choose to set a deposit limit. A deposit limit is a means by which you can set a maximum deposit limit you can deposit during a day (24 hours) or week (7 days). This means you are always in control of your money and the maximum amount you are willing to spend. To increase or decrease your limit, it will take 24 hours to take effect on your account. (Please note, you can’t update your deposit limit twice in a 24 hour period). If you would like to change your limits, just contact us via the Contact us link at the bottom of the page.

8. LEGAL USE OF THE WEBSITE

8.1 Access to or use of the Website or any of the Services via the Website may not be legal for some or all residents of or persons in certain countries. We do not intend that the Website should be used for betting, gaming or any other purposes by persons in countries in which such activities are illegal, which includes the United States of America and those territories listed via the Help tab on the Website. The fact that the Website is accessible in any such country, or appears in the official language of any such country shall not be construed as a representation or warranty with respect to the legality or otherwise of the access to and use of the Website, and the making of deposits or receipt of any winnings from Your Account. The availability of the Website does not constitute an offer, solicitation or invitation by Us for the use of or subscription to betting, gaming or other services in any jurisdiction in which such activities are prohibited by law.

8.2 It is Your responsibility to determine the law that applies in the location in which You are present. You should ensure that You will be acting legally in Your jurisdiction in opening Your Account and/or using the Website and You represent, warrant and agree that You will do so.

8.3 If it becomes apparent to Us that You are resident in a country in which the use of the Website is not legal, We shall be entitled immediately to close Your Account, in which case any balance on the Account on the date of such closure will be refunded to You as soon as it is practicable for Us to do so.

9. PLACING YOUR BET AND/OR GAMING USING THE SERVICES

9.1 In order to place a bet or access a Service You should follow the instructions provided at the Help tab.

9.2 It is Your responsibility to ensure that the details of any bet, stake or similar transaction that You place using the Services (a “Transaction”) are correct in the following manner when using the Website in accordance with the relevant Game Rules, as appropriate

9.3 Your Transaction history can be accessed by You by clicking My Account on the Website, or through Our Customer Services team.

9.4 We reserve the right to refuse the whole or part of any Transaction requested by You at any time in Our sole discretion, or where You have breached the Terms of Use. No Transaction is accepted by Us until You have given the appropriate confirmation (or it has otherwise been accepted by us) in accordance with paragraph 9.2. If You are in any doubt as to whether a Transaction has been accepted successfully, You should contact Customer Services.

9.5 Once a Transaction has been accepted by us, You cannot cancel the transaction unless We agree otherwise.

9.6 We may cancel or amend a Transaction pursuant to the provisions of paragraph 5 (Verification of Your Identity), paragraph 11 (Collusion, Cheating, Fraud and Criminal Activity) or paragraph 18 (Errors or Omissions).

9.7 Please note that minimum and maximum Account deposits apply, as will be indicated to you where relevant. Interest is not payable on Account balances. Credit is not permitted. It is your responsibility to maintain sufficient funds in your Account, and to stake your Bets accordingly. We reserve the right to void any Bet which may be inadvertently accepted if your Account does not have sufficient funds to cover the whole of the Bet and/or to recover the amount of any shortfall.

9.7.1 We do not charge you for deposits or withdrawals although you should check with your bank and/or other payment service provider as to whether they will levy any such charges.

9.7.2 Please note that you (and not babaijebu) are responsible for reporting or declaring any funds withdrawn, including any winnings, if such reporting is required by local law, tax or other authorities.

9.7.3 Any changes to your personal/card details must be advised to us as soon as is possible, as failure to do so may result in your deposit or Bets being declined by your bank.

9.7.4 As well as informing your bank, please inform us as soon as is possible should your bank card be lost or stolen.

9.7.5 If you or your bank advise us that your card has been lost or stolen, no further Bets will be accepted on your Account until you contact us with further instructions.

10. REMOTE BETTING

10.1 Where You are accessing the Services via an electronic form of communication You should be aware that:

10.1.1 In relation to Your use of the Website for the placing of bets or playing of games:

10.1.1.1 You may be using a connection or equipment

10.1.1.2 You may encounter system flaws, faults, errors or service interruption which will be dealt with in accordance with paragraph 17 (IT Failure);

10.1.1.3 the Game Rules offered via the Website are available and should be considered by You prior to Your use of the Services offered via the Website; and

11. COLLUSION, CHEATING, FRAUD AND CRIMINAL ACTIVITY

11.1 The following practices (or any of them) in relation to the Services :

11.1.1 abuse of bonuses or other promotions; and/or

11.1.2 using unfair external factors or influences (commonly known as cheating); and/or

11.1.3 taking unfair advantage (as defined in paragraph 11.5.3);

11.1.4 opening any Duplicate Accounts; and/or

11.1.5 undertaking fraudulent practice or criminal activity (as defined in paragraph 11.5), constitute “Prohibited Practices” and are not permitted and will constitute a material breach of the Terms of Use. We will take all reasonable steps to prevent and detect such practices and to identify the relevant players concerned if they do occur. Subject to the above, however, We will not be liable for any loss or damage which You may incur as a result of any Prohibited Practices, and any action We take in respect of the same will be at Our sole discretion.

11.2 If You suspect a person is engaged in any Prohibited Practice, You shall as soon as reasonably practicable report it to Us by e-mailing Us or telephoning Customer Services.

11.3 You agree that You shall not participate in or be connected with any form of Prohibited Practice in connection with Your access to or use of the Services.

11.4 If:

11.4.1 We have reasonable grounds to believe that You have participated in or have been connected with any form of Prohibited Practice (and the basis of Our belief shall include the use by Us (and by Our gaming partners and Our other suppliers) of any fraud, cheating and collusion detection practices which are used in the gambling and gaming industry at the relevant time); or

11.4.2 You have placed bets with any other online provider of gambling services and are suspected (as a result of such play) of any Prohibited Practice or otherwise improper activity; or

11.4.3 We become aware that You have “charged back” or denied any of the purchases or deposits that You made to Your Account; or

11.4.4 You become bankrupt or suffer analogous proceedings anywhere in the world, then, (including in connection with any suspension and/or termination of Your Account) We shall have the right, in respect of Your Account with babaijebu to withhold the whole or part of the balance and/or recover from the account the amount of any deposits, pay-outs, bonuses or winnings which have been affected by or are in any way attributable to any of the event(s) contemplated in this paragraph 11.4. The rights set out in this paragraph 11.4 are without prejudice to any other rights (including any common law rights) that We may have against You, whether under the Terms of Use or otherwise.

11.5 For the purposes of this paragraph 11:

11.5.1 A “fraudulent practice” means any fraudulent activity engaged in by You or by any person acting on Your behalf or in collusion with You, and shall include, without limitation: (a) fraudulent charge-backs; (b) the use by You or any other person who was participating in the same game as You at any time, of a stolen, cloned or otherwise unauthorised source of funds; © the collusion by You with others in order to gain an unfair advantage (including through bonus schemes or similar incentives offered by us); (d) any attempt to register false or misleading account information; (e) any actual or attempted act by You which is reasonably deemed by Us to be illegal in any applicable jurisdiction, made in bad faith, or intended to defraud Us and/or circumvent any contractual or legal restrictions, regardless of whether such act or attempted act actually causes Us any damage or harm;

11.5.3 an “unfair advantage” shall include, without limitation, the exploitation of a fault, loophole or error in Our or any third party’s software used by You in connection with the Services (including in respect of any game), the use of automated players (‘bots’), or the exploitation by You, to the disadvantage of Us or other players of an ‘Error’ as defined in paragraph 18.1.

11.5.3.1 babaijebu reserves the right to void any live or pre-live bet placed after the deadline indicated (including owing to content timing errors or revised start times) and/or in any case after the start time of the event.

11.6 In exercising any of Our rights under paragraph 11.4 in relation to a Prohibited Practice, We shall use all reasonable endeavours to ensure that, while complying with Our regulatory and other legal obligations, We exercise such rights in a manner which is fair to You and to Our other customers.

11.7 We reserve the right to inform relevant authorities, other online gaming or gambling operators, other online service providers and banks, credit card companies, electronic payment providers or other financial institutions of Your identity and of any suspected Prohibited Practice by You, and You shall cooperate fully with Us to investigate any such activity.

12. CLOSURE OF YOUR ACCOUNT; TERMINATION OF THE TERMS OF USE

CLOSURE AND TERMINATION BY YOU

12.1 Provided that Your Account does not show that a balance is due to us, You are entitled to close Your Account and terminate the Terms of Use on not less than 24 hours’ notice to Us at any time, by contacting Us through Customer Services, details of which can be found in the Help section of the Website:

12.1.1 indicating Your wish to close Your Account; and

12.1.2 stating the reasons why You wish to close Your Account, in particular if You are doing so because of concerns over the level of Your use of the same.
We will respond to Your request, confirming closure of Your Account and the date on which such closure will be effective, within a reasonable time, provided that You continue to assume responsibility for all activity on Your Account until such closure has been carried out by Us (at which point the Terms of Use shall terminate).

12.2 When You request closure of Your Account under paragraph 12.1 We will, subject to paragraph 12.3, return any outstanding balance in Your Account to You.

12.3 Upon any termination of Your Account under this paragraph 12 We shall be entitled (without limiting Our rights under paragraph 12.6) to withhold, from the repayment of the outstanding balance on Your Account, any monies (a) pursuant to paragraph 11 (Collusion, Cheating, Fraud and Criminal Activity), (b) pursuant to paragraph 20 (Breach of the Terms of Use), © as otherwise provided by the Terms of Use (including, as appropriate, paragraph 5.4) or (d) as required by law or regulation.

12.4 When repaying the outstanding balance on Your Account, We shall use direct bank transfer to the bank account You provided upon registration of Your Account

12.5 Where You have closed Your Account, We may in certain circumstances be able to re-open Your Account with the same account details as before if You request Us to do so. In such circumstances, while Your Account will have the same account details as before, it will be subject to the Terms of Use which are in force at the date of any such re-opening and any prior entitlements (including, but without limitation, to bonuses or contingent winnings) will no longer be valid.

CLOSURE AND TERMINATION BY US

12.6 We are, at any time (and notwithstanding any other provisions contained in the Terms of Use), entitled to close Your Account and terminate the Terms of Use on written notice (or attempted notice) to You using Your Contact Details. In the event of any such termination by Us We shall, subject to paragraph 12.7, as soon as reasonably possible following a request by You, refund the balance of Your Account.

12.7 Where We close Your Account and terminate the Terms of Use pursuant to paragraph 11 (Collusion, Cheating, Fraud and Criminal Activity) or paragraph 20 (Breach of the Terms of Use), the balance of Your Account will be non-refundable and deemed to be forfeited by You to the extent of any claim that We may have against You as at the date of such closure (whether under Your Account, and Duplicate Account or otherwise). Closure of Your Account and Termination of the Terms of Use, other than pursuant to paragraphs 11 or 20 of these General Terms, will not affect any outstanding bets, provided that such outstanding bets are valid and You are not in breach of the Terms of Use in any way. For the avoidance of doubt, We will not credit any bonuses into Your Account, nor will You be entitled to any contingent winnings, at any time after the date on which it has been closed (whether by Us pursuant to the Terms of Use, or in response to Your request).

12.8 The following paragraphs shall survive any termination of the Terms of Use: 19, 20, 21, 22, 23, 25, 26, 28, 29, 30, 31 and 34 and any other paragraphs which are required for the purposes of interpretation; together with any relevant sections of the Betting Rules and the Privacy Policy.

12.9 Any funds remaining in abandoned accounts will be given away as donations.

SUSPENSION BY US

12.10 We shall be entitled to suspend Your Account in the circumstances expressly set out in the Terms of Use. Upon the suspension of Your Account: (a) no activity shall be permitted (including deposits, withdrawals or betting) until the date upon which it is re-activated by us; (b) no bonuses or contingent winnings will be credited to the Account; and © We shall address the issue that has given rise to the Account suspension with a view to resolving it as soon as reasonably practicable so that the Account can, as appropriate, either be re-activated or closed.

13. ACCESS TO, AND USE OF, THE SERVICES

13.1 You are solely responsible for the supply and maintenance of all of the computer equipment and telecommunications networks and internet access services that You need to use in order to access the Services. We will not be liable in any way whatsoever for any losses caused to You (whether resulting from loss of service, poor internet connectivity, insufficient bandwidth or otherwise) by the internet or any telecommunications service provider that You have engaged in order to access the Services. For the avoidance of doubt, babaijebu does not make any representation or give any warranty as to the compatibility of the Services with any particular software or hardware.

13.2 Under no circumstances should You use the Services for any purpose which is or is likely to be considered to be defamatory, abusive, obscene, unlawful, of a racist, sexist or other discriminatory nature, or which could cause offence. You must not use any abusive or aggressive language or images, swear, threaten, harass or abuse any other person, including other users, via the Website, or attempt to pass Yourself off as being any other person, or behave in such a manner towards any babaijebu staff used to provide the Services, Customer Services, or any helpdesk or support function which We make available to You.

13.3 You shall use the Website for personal entertainment only and shall not be allowed to provide access or reproduce the Website or any part of it in any form whatsoever without Our express consent, including creating links to it.

13.4 Any material (other than Software under paragraph 16) downloaded by You from the Website shall be downloaded entirely at Your own risk and babaijebu shall not be liable in respect of any loss of data or other damage caused by any such download.

13.5 Where We have reason to believe that Your use of the Services is in breach of paragraphs 13.2, 13.3 or 13.4 We shall, without prejudice to any of Our other rights, be entitled forthwith to remove from the Website any offending content.

14. BETTING AND GAMING TERMS

14.1 Expressions used in the betting and gaming industry are numerous. Where appropriate, a glossary explaining the meaning of commonly-used betting and gaming expressions is available through the Help pages in the Website. Should You be in any doubt as to the meaning of any expression, You should:

14.1.1 look up its meaning in the glossary in the relevant Help section relating to the event or game You are betting or gaming on;

14.1.2 If You are still in any doubt, contact Customer Services for clarification; and

14.1.3 not place any bet or game on any event until its meaning is understood to Your satisfaction, because We cannot accept any responsibility if You place a bet or game via the products offered via the Services in circumstances where You do not understand any of the terms involved in or relating to the bet or game.

15. ALTERATION OF THE WEBSITE

15.1 We may, in Our absolute discretion, alter or amend any product or service (including any prices offered) available through the Website at any time for the purpose of ensuring the ongoing provision of the Website, but without prejudice to any bets already in progress at the time of such amendment. From time to time, We may restrict You from accessing some parts of the Website for the purpose of maintenance of the Website and/or alteration or amendment of any of the games and/or products available through the Website.

16. THIRD PARTY SOFTWARE

16.1 It may be necessary to provide You with software (“Software”) supplied by third parties to enable You to use the products offered through the Services

16.2 In such circumstances, You may be required to enter into a separate agreement with the owner in respect of Your use of such Software (a “Third Party Software Agreement”). In case of any inconsistency between the Terms of Use and any Third Party Software Agreement, the Terms of Use will prevail in so far as the inconsistency relates to the relationship between You and babaijebu.

16.3 It is Your responsibility to ensure that any Software is downloaded onto Your computer in a manner compatible with Your own computer’s specific set-up. For the avoidance of doubt, We shall not be liable to the extent that the downloading of any Software has an adverse effect on the operation of Your computer.

16.4 Any Services offered to You utilising smartphone and mobile device applications (“Apps”) shall be subject to the Terms of Use. The terms under which any App is downloaded or installed onto Your smartphone or mobile device shall be governed by the agreement entered into between You and the supplier of the relevant App but, in case of any inconsistency between the Terms of Use and any such agreement, the Terms of Use will prevail in so far as the inconsistency relates to the relationship between You and babaijebu.

17. IT FAILURE

17.1 Where problems occur in the software or hardware used by Us to provide the Services We will take all reasonable steps to remedy the problem as soon as practicable. Where such problems cause a game to be interrupted in circumstances where it cannot be restarted from exactly the same position without any detriment to You or other players, We will take all reasonable steps to treat You in a fair manner (which may include reinstating the balance on Your Account to the position existing following completion of the last bet or game logged on babaijebu’s server immediately prior to the occurrence of the problem).

17.2 We do not accept any liability whatsoever for problems caused by the equipment which You or other players are using to access the Services, or faults relating to Your or their internet service provider.

18. ERRORS OR OMISSIONS

18.1 A number of circumstances may arise where a bet or wager is accepted, or a payment is made, by Us in error. A non-exhaustive list of such circumstances is as follows:

18.1.1 where We mis-state any odds or terms of a bet or gaming wager to You as a result of obvious error or omission in inputting the information or setting up a market, or as a result of a computer malfunction;

18.1.2 where We have made a ‘palpable error’. A palpable error occurs where:

18.1.2.1 in relation to bets placed prior to an event taking place, the prices/terms offered are materially different from those available in the general market; or

18.1.2.2 in relation to any event, the price/terms offered at the time the bet is placed are clearly incorrect given the probability of the event occurring;

18.1.3 where We have continued to accept bets on a market which should have been suspended, including where the relevant event is in progress (except where ‘in-running’ bets are accepted) or had already finished (sometimes referred to as ‘late bets’);

18.1.4 where an error has been made as a result of a Prohibited Practice under paragraph 11.1;

18.1.5 where We should not have accepted, or have the right to cancel or re-settle, a bet pursuant to the Betting Rules (for example due to ‘Related Contingencies’);

18.1.6 where an error is made by Us as to the amount of winnings/returns that are paid to You, including as a result of a manual or computer input error; or

18.1.7 where an error has been made by Us as to the amount of free bets and/or bonuses that are credited to Your account, any such circumstances being referred to as an “Error”.

18.1.8 babaijebu reserves the right to void any live or pre-live bet placed after the deadline indicated (including owing to content timing errors or revised start times) and/or in any case after the start time of the event.

18.2 We reserve the right to:

18.2.1 correct any Error made on a bet placed and re-settle the same at the correct price or terms which were available or should have been available through babaijebu (absent the publishing error) at the time that the bet was placed and the bet will be deemed to have taken place on the terms which were usual for that bet; or

18.2.2 where it is not reasonably practicable to correct and re-settle under 18.2.1 above, to declare the bet void and return Your stake into Your Account; or

18.2.3 in circumstances where the Error has resulted from a Prohibited Practice, to take the steps set out in paragraph 11.4.

18.3 Any monies which are credited to Your Account, or paid to You as a result of an Error shall be deemed, pending resolution under paragraph 18.2, to be held by You on trust for Us and shall be immediately repaid to Us when a demand for payment is made by Us to You. Where such circumstances exist, if You have monies in Your Account We may reclaim these monies from Your Account pursuant to paragraph 7.4. We agree that We shall use all reasonable endeavours to detect any Errors and inform You of them as soon as reasonably practicable.

18.4 Neither We (including Our employees or agents) nor Our partners or suppliers shall be liable for any loss, including loss of winnings, that results from any Error by Us or an error by You.

18.5 You shall inform Us as soon as reasonably practicable should You become aware of any Error.

18.6 Where You have used monies which have been credited to Your Account or awarded to You as a result of an Error to place subsequent bets or play games, We may cancel such bets and/or withhold any winnings which You may have won with such monies, and if We have paid out on any such bets or gaming activities, such amounts shall be deemed to be held by You on trust for Us and shall be immediately repaid to Us by You when a demand for payment is made by Us to You.

19. EXCLUSION OF OUR LIABILITY

19.1 Your access to and use of the Services is at Your sole option, discretion and risk. We shall not be liable for any attempts by You to use the Services by methods, means or ways not intended by us.

19.2 We will provide the Services with reasonable skill and care and substantially as described in the Terms of Use. We do not make any other promises or warranties regarding the Services, or any products or services forming a part of the Services, and hereby exclude (to the extent permitted by law) all implied warranties in respect of the same (including implied warranties as to satisfactory quality and/or fitness for Your purpose). In particular, We do not warrant that the Website will have uninterrupted availability or that it will be free of bugs, viruses or other errors.

19.3 Save as provided in our betting rules and subject to paragraph 19.5, our maximum liability (including that of our parent and subsidiary companies, affiliates, officers, directors, agents and employees) arising out of your use of the services (or any part of the services, whether such liability arises under breach of contract, tort (including negligence), or otherwise, will be limited to:

19.3.1 (where our liability relates to a bet or stake) the amount of the bet or stake placed by you in respect of which our liability has arisen;

19.3.2 (where our liability relates to the misapplication of funds) the amount of money in your account that has been misplaced by us; and

19.4 we shall not be liable to you, whether such liability arises in contract, tort (including negligence) or otherwise, in respect of any:

19.4.1 loss of data;

19.4.2 loss of profits

19.4.3 loss of revenue;

19.4.4 loss of business opportunity;

19.4.5 loss of or damage to goodwill or reputation;

19.4.6 business interruption; or

19.4.7 any indirect, special or consequential loss or damage, even where such loss or damage has been notified to us as being possible, arising out of the terms of use or any use whatsoever by you of the services.

19.5 Nothing in the Terms of Use will operate so as to exclude any liability which We may have in respect of:

19.5.1 fraud (including fraudulent misrepresentation); or

19.5.2 death or personal injury caused by Our negligence.

19.6 babaijebu will manage both Our liabilities and Your liabilities within a default threshold of 20% of the staked amounts over a period of one week.

19.6.1 Where Our liabilities over said period exceed 20% We reserve the right to limit payout to You at the 20% limit.

19.6.2 Where Your liabilities over the said period exceed 20%, We reserve the right to give concessionary tokens to reimburse the account

19.6.3 This limit and the stated betting period are default settings applied to all accounts. Both the limit and the period can be adjusted on a per-account basis on agreement by both You and Us. To discuss such an adjustment contact Customer Services.

20. BREACH OF THE TERMS OF USE

20.1 You will fully indemnify, defend and hold Us and Our officers, directors, employees, agents, contractors and suppliers harmless from and against any and all losses, costs, expenses, claims, demands, liabilities and damages (including legal fees), however caused, that may arise, whether or not reasonably foreseeable, as a result of or in connection with:

20.1.1 the access to and use of the Services by You or by anyone else using Your username and password; and/or

20.1.2 any breach by You of any of the terms and provisions of the Terms of Use.

20.2 Where You are in breach of the Terms of Use, We may, prior to any suspension or termination of Your Account notify You (using Your Contact Details) that You are in breach, requiring You to stop the relevant act or failure to act, and/or requiring You to put right an act or fault on Your part; and warning You of Our intended action if You do not do so, provided always that such notification shall not be a pre-condition to any suspension or termination of Your Account.

20.3 We have the right to disable any user identification code or password, whether chosen by You or allocated by us, at any time, if in Our reasonable opinion You have failed to comply with any of the provisions of the Terms of Use.

20.4 In addition to any other remedy available, if You breach any of the Terms of Use We shall be entitled to recover from Your Account any positive balance then existing to the extent of any amount reasonably claimed against You pursuant to paragraph 20.1.

21. INTELLECTUAL PROPERTY RIGHTS

21.1 All website design, text, graphics, music, sound, photographs, video, the selection and arrangement thereof, software compilations, underlying source code, software and all other material contained forming any part of the Services are subject to copyright and other proprietary rights which are either owned by Us or used under licence from third party rights owners. To the extent that any material comprised within the Services may be downloaded or printed then such material may be downloaded to a single device only (and hard copy portions may be printed) solely for Your own personal and non-commercial use.

21.2 Under no circumstances shall the use of the Services grant to You any interest in any intellectual property rights (for example copyright, know-how or trade marks) owned by Us or by any third party whatsoever, other than a personal, non-exclusive, non-sub-licensable licence to use such intellectual property rights in connection with Your personal, non-commercial use of the Services pursuant to the Terms of Use.

21.3 No rights whatsoever are granted to use or reproduce any trade marks or logos which appear on the Website except as specifically permitted in accordance with the Terms of Use.

21.4 You must not, nor must You allow any other person to copy, store, publish, rent, licence, sell, distribute, alter, add to, delete, remove or tamper with the Website or any part of it in any way or directly or indirectly disrupt or interfere (or attempt to disrupt or interfere) with or alter the Website, other than in the course of viewing or using the Website in accordance with the Terms of Use.

21.5 All intellectual property rights in the name “babaijebu” the logos, designs, trade marks and other distinctive brand features of babaijebu and any content provided by babaijebu or any third party for inclusion on the Website vest in babaijebu or the applicable third party. You agree not to display or use such logos, designs, trade marks and other distinctive brand features in any manner without Our prior written consent.

22. VIRUSES, HACKING AND OTHER OFFENCES

22.1 You shall not:

22.1.1 corrupt the Website;

22.1.2 attempt to gain unauthorised access to the Website, the servers on which the Website is stored or any server, computer or database connected to the Website;

22.1.3 flood the Website with information, multiple submissions or “spam”;

22.1.4 knowingly or negligently use any features which may affect the function of the Website in any way for example (but not limited to) releasing or propogating viruses, worms, trojans, logic bombs or similar material that is amalicious or harmful;

22.1.5 interfere or tamper with, remove or otherwise alter in any way, any information in any form which is included on the Website;

22.1.6 attack the Website via a denial-of-service attack or a distributed denial-of-service attack. We will report any suspected breach of the Computer Misuse Act 1990 to the relevant law enforcement authorities and We will co-operate with those authorities by disclosing Your identity to them. In the event of such a breach, Your right to use the Website will cease immediately.

22.2 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect Your computer equipment, computer programs, data or other proprietary material due to Your use of the Website or to Your downloading of any material posted on such Website, or on any website linked to the Website.

23. YOUR PERSONAL INFORMATION

23.1 All information on Your Account held by Us is securely data warehoused and remains confidential except where otherwise stated in the Terms of Use (including, for the avoidance of doubt, the Privacy Policy).

23.2 When You use the Services it will be necessary for Us to collect certain information about You, including Your name and date of birth, Your Contact Details, and may also include information about Your marketing preferences (all of which shall be known as “Your Personal Information”).

23.3 By providing Us with Your Personal Information, You consent to Our processing Your Personal Information, including any of the same which is particularly sensitive:

< 23.3.1 for the purposes set out in the Terms of Use (including the Privacy Policy); and

23.3.2 for other purposes where We need to process Your Personal Information for the purposes of operating the Services, including by sharing it with Our service providers and agents for these purposes, for example to Our providers of postal services, marketing services and customer services agents. We may also disclose Your Personal Information in order to comply with a legal or regulatory obligation.

23.5 We will retain copies of any communications that You send to Us (including copies of any emails) in order to maintain accurate records of the information that We have received from You.

24. USE OF ‘COOKIES’ ON THE WEBSITE

24.1 The Website may use ‘cookies’ to track Your use of the internet and to assist the functionality of the Website. A cookie is a small file of text which is downloaded onto Your computer when You access the Website and it allows Us to recognise when You come back to the Website. We use cookies for the operation of the Website, including (for example) to allow You to remain logged in as You browse between different parts of the Website and use Your Account to bet. We also use cookies for Our own analytical purposes so that We can identify where customers have encountered technical problems on the Website, and therefore help Us improve Our customers’ experience.

24.2 If You object to cookies or want to delete any cookies that are already stored on Your computer, We recommend that You follow the instructions for deleting existing cookies and disabling future cookies on Your file management software. Further information on deleting or controlling cookies is available within Our Privacy Policy or at www.aboutcookies.org. Please note that by deleting Our cookies or disabling future cookies You may not be able to access certain areas or features of the Website.

25. COMPLAINTS AND NOTICES

25.1 No claim or dispute with regard to the acceptance or settlement of a bet which You have made using the Services will be considered more than 30 days after the date of the original transaction; and

25.2 Should You wish to make a complaint regarding the Services, as a first step You should as soon as reasonably practicable contact Customer Services about Your complaint, which will be escalated as necessary within Our Customer Services team until resolution.

25.3 If there is a dispute arising from the Terms of Use which cannot be resolved by Customer Services having been escalated in accordance with paragraph 25.2, You can request that the matter be addressed by a manager or supervisor. We will endeavour to resolve the matter to Your satisfaction either immediately or by contacting You subsequently.

25.4 When We wish to contact You, We may do so using any of Your Contact Details. Notices will be deemed to have been properly served and received by You immediately after an email is sent or after We have communicated with You directly by telephone (including where We leave You a voicemail), or three (3) days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post; and in the case of an email, that such email was sent to the specified email address (if any) in Your Contact Details at the time that any such email was sent.

26. TRANSFER OF RIGHTS AND OBLIGATIONS

26.1 We reserve the right to transfer, assign, sublicense or pledge the Terms of Use (an “assignment”), in whole or in part, to any person without notice to You, provided that any such assignment will be on the same terms or terms that are no less advantageous to You.

26.2 You may not assign, sublicense or otherwise transfer in any manner whatsoever any of Your rights or obligations under the Terms of Use.

27. EVENTS OUTSIDE OUR CONTROL

27.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under the Terms of Use that is caused by events outside Our reasonable control, including (without limitation) any telecommunications network failures, power failures, failures in third party computer (or other) equipment, fire, lightning, explosion, flood, severe weather, industrial disputes or lock-outs, terrorist activity and acts of government or other competent authorities (a “Force Majeure Event”).

27.2 Our performance is deemed to be suspended for the period that the Force Majeure Event continues, and We will have an extension of time for performance for the duration of that period. We will use Our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which Our obligations may be performed despite the Force Majeure Event.

28. WAIVER

28.1 If We fail to insist upon strict performance of any of Your obligations or if We fail to exercise any of the rights or remedies to which We are entitled, this shall not constitute a waiver of such rights or remedies and shall not relieve You from compliance with such obligations.

28.2 A waiver by Us of any default shall not constitute a waiver of any subsequent default.

28.3 No waiver by Us of any of the provisions of the Terms of Use shall be effective unless it is expressly stated to be a waiver and is communicated to You in writing in accordance with paragraph 25 (Complaints and Notices) above.

29. SEVERABILITY

29.1 If any of the Terms of Use are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

29.2 In such cases, the part deemed invalid or unenforceable shall be amended in a manner consistent with the applicable law to reflect, as closely as possible, babaijebu’s original intent.

30. ENTIRE AGREEMENT

30.1 The Terms of Use and any document expressly referred to in them represent the entire agreement between You and Us and supersede any prior agreement, understanding or arrangement between You and us, whether oral or in writing.

30.2 We each acknowledge that neither of Us has relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations between Us except as expressly stated in the Terms of Use.

30.3 Neither party shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of the contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in the Terms of Use.

32. RESPONSIBLE GAMING/GAMBLING

32.1 For those customers who wish to restrict their gambling, We provide a voluntary self-exclusion policy, which enables You to close Your Account or restrict Your ability to place bets or game on the Website for a minimum period of six months. You can ask that the restriction lasts for a period of up to five years. If necessary, You can permanently self-exclude yourself from the site. Once Your Account has been self-excluded You will be unable to reactivate the Account under any circumstances until the expiry of the period chosen under this paragraph. At the expiry of the self-exclusion period You will be entitled to re-commence use of the Services by contacting Customer Services or by opening a new account.

32.2 If You require any information relating to this facility please speak to Customer Services through the Help tab or view Our Responsible Gambling section.

32.3 We will use Our reasonable endeavours to ensure compliance with self-exclusion. However, self-exclusion requires the joint commitment of both You and babaijebu. During the self-exclusion period You must not attempt to try to open new accounts and You accept that We have no responsibility or liability whatsoever if You continue gambling and/or seek to use the Website and We fail to recognise or determine that You have requested self-exclusion in circumstances which are beyond Our reasonable control including, but not limited to, You opening a new account, gambling in an LBO or over the telephone rather than over the internet or using a different name or address.

32.4 babaijebu is committed to supporting Responsible Gambling initiatives.

33. LINKS

Where We provide hyperlinks to other websites, We do so for information purposes only. You use any such links at Your own risk and We accept no responsibility for the content or use of such websites, or for the information contained on them. You may not link to this site, nor frame it without Our express permission.

34. PLAYER PROTECTION

babaijebu safeguards player deposits and ensures that players receive their true and fair winnings from play on the babaijebu Website via the use of a ring fenced player protection Client Account. All player funds are deposited directly into the Client Account and withdrawals to players are made directly from the Client Account. The company’s margin is transferred to the company’s operating account, from where operational expenses are paid.

babaijebu will also adhere to best practise and going forward will offer exclusion periods of 7 days, 1 month, 3 months, 6 months, 12 months and permanent exclusion.

APPENDIX D – Games Rules

Sports Book

1. EVENTS ON WHICH BETS ARE ACCEPTED:

a. Bets are accepted on the following sports in accordance with the special rules issued for such events: Football, & Tennis.

b. All other sports bets will only be accepted where we specifically advertise that betting is available.

c. Bets accepted in error for any event not covered by rules a) to b) above will be declared void.

2. GENERAL SETTLEMENT:

a. Bets are accepted for all sporting events on which we offer odds. Unless a specific reference is made in the individual section that covers the sport, settlement of all markets will be based on the official competition rules.

b. For special bets such as Managers who will not be in charge of their team by the end of the season etc. the end of the season is determined as the time when the programme (including play-offs), for that particular league or competition, has been completed. Single bets only are accepted.

c. Where the prices for both outright win and handicap betting are advertised, unless the handicap or a qualifying price has been requested, all bets will be settled on the outright win. However, where only handicap betting is available unless to win outright is clearly indicated bets will be settled at the handicap advertised at the time the bet was accepted.

d. The handicap line may change at any time. If this occurs settlement will be determined by the handicap advertised at the time the bet was accepted. Where the final scores are equal after the handicap has been applied, handicap bets will be void unless a price has been offered for the draw/tie. Where alternative handicap spreads are available these must be selected at the time the bet is placed.

e. Winning margin/correct score betting is from scratch.

f. In the event of a change of opponent from the one advertised, all bets for that match are void.

g. In the event of a change of venue not published or known to us at the time the prices or handicaps are advertised, bets will stand provided the match is not switched to the opponent’s ground, in which case selections for that match will be made void.

h. Accumulative bets involving different contingencies within the same event are not accepted where the outcome of one affects the other. In the event of any such bet being inadvertently accepted settlement will be in accordance with Rule 8 of the General Betting Rules section of our Fair Deal Rules.

i. Abandoned and postponed events will be settled in accordance with Rule 3 of the General Betting Rules section of our Fair Deal Rules.

j. Unless a reference is made in the section of our rules that covers the sport, or is advertised otherwise, total tournament/series markets will apply to all playing time, including extra time.

k. Unless a specific reference is made in the individual section that covers the sport, extra time/overtime will not count for any markets offered on a match other than to win outright.

l. Unless a specific reference is made in the individual section that covers the sport, the following rules will apply:

i. Events with 3 or more competitors/teams: Where no price is quoted for a tie and the official competition rules do not determine a clear winner, dead heat rules will apply to outright bets on competitors/teams declared as joint/co winners. Where no official result is declared, outright bets will be made void.

ii. Event with 2 competitors/teams: Where no price is quoted for a tie and the official result is a tie, dead heat rules will apply. Where no official result is declared, outright bets will be made void.

m. Unless a specific reference is made in the individual section that covers the sport, opponents must start the match for ‘head to head’ match bets to stand.

o. Where bets are available on whether a specific number is odd or even, zero will count as even and unless otherwise stated extra time, overtime and extra innings will not count.

p. Where there is no action in an event after a bet has been placed the bet will be void.

q. In the Olympic Games, World and European Championships the podium presentation will count as the result and any subsequent amendments to the result will not count.

r. Olympic Games:

i. If a race or event is a single race event with no heats or qualifying stakes will be refunded on non runners and a Rule 4 deduction applied.

ii. Any other event is ante post up to the first competitive action and stakes on selections which do not participate will be lost. After that if the selection has no competitive action stakes will be refunded on non runners and a Rule 4 deduction applied to winning bets placed after the start of the event but prior to withdrawal.

iii. Rule 4 deductions will be based on a snapshot of the market at the time the bet on the winner is struck.

Version 2. Dated: November 2017