Terms and conditions

BY USING THIS WEBSITE IN ANY MANNER WHATSOEVER OR BY CLICKING THE "ACCEPT" ICON ON OUR WEBSITE YOU ARE INDICATING THAT YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE, OUR RULES AND THE PRIVACY POLICY (AS EACH MAY BE AMENDED FROM TIME TO TIME) WHICH, TOGETHER WITH THE TERMS OF ANY CONTRACTS ENTERED INTO BY YOU WITH OTHER MEMBERS OF Matchbook ("THIS AGREEMENT") GOVERN YOUR RELATIONSHIP WITH US AND WITH OTHER MEMBERS OF MATCHBOOK.

IF YOU DO NOT AGREE TO EACH AND EVERY TERM OF THIS AGREEMENT, CLICK THE "CANCEL" ICON AT THE BOTTOM OF THE TERMS AND CONDITIONS SECTION ON THIS WEBSITE OR EXIT FROM THE WEBSITE. FOR THE AVOIDANCE OF DOUBT, WE MAY, AT OUR ABSOLUTE DISCRETION, REFUSE YOUR REQUEST TO USE THE EXCHANGE.

In consideration of our providing the Matchbook Services to you, you agree to all of the terms and conditions contained in this Agreement.

Definitions & Interpretation:

In this Agreement the following terms shall have the following meanings:

“this Agreement” means these Terms and Conditions of Use, the Rules and Privacy Policy, collectively;
“Exchange” means the betting exchange operated by Matchbook;
“Matchbook” means Triplebet Ltd, an International Business Corporation duly incorporated with registration number 1827 with its registered office situated at Inchalla, Le Val, Alderney, 3Y9 3UL;
“We/ us/ our” means, as appropriate, Matchbook or Matchbook’s;
“Matchbook Services” mean the betting exchange services made available by Matchbook on the Matchbook Website;
“Matchbook Website” means the website found at www.matchbook.com, which is owned and operated by Matchbook;
“Member” means a person who has successfully registered a user account at the Exchange;
“Rules” mean the practical rules which must be followed to make a bet and the like at the Exchange;
“Privacy Policy” means our privacy policy as it applies to your personally identifiable information and related aspects;
“You” means any user of the Website or Member of the Exchange.

In this Agreement:

words in the singular include the plural and vice versa and words in one gender include any other gender;
the paragraph headings are for the sake of convenience only and shall not affect the interpretation of this Agreement.

Becoming a Member of the Exchange:

You may not use the Exchange until and unless you have successfully applied for membership of the Exchange.
You will only be deemed to have successfully applied for membership of the Exchange once you have:
- applied online at the Website for membership;
- accepted the terms of this Agreement; and
- been issued by us with a member name and password.
We may, in our absolute discretion, refuse to accept your application for membership of the Exchange for any or no reason. We shall not be obliged to furnish you with any reasons for such refusal.

Your Representations and Warranties:

You hereby represent and warrant (and our decision to grant you membership of the Exchange is based upon such representations and warranties) that:

you are fully and legally entitled to enter into this Agreement;
your entering into this Agreement is not illegal in your jurisdiction of residence and you will not use the Exchange while located in any jurisdiction that prohibits the use of such services;
you are 18 years of age or older;
unless otherwise agreed by us in writing, you are acting as a principal and not as an agent on behalf of a third party;
all details provided by you to the Exchange are accurate and that you will not take steps to conceal your true identity from the Exchange by, for example, without limitation, using pseudonyms, false addresses or taking technical steps to conceal your identity or location;
you are the authorised user of any credit or debit card you use on the Exchange and that you have never failed to honour a liability on a bet by attempting to charge back a payment made by card for betting services;
all and any monies utilized by you on the Exchange are the proceeds of or derived from lawful activities.

Your Indemnities:

You agree to indemnify and hold the Exchange and its subsidiaries, affiliates, officers, directors, agents and employees harmless from any liabilities, claims, losses or demands made by any third party arising out of your breach of this Agreement or out of your violation of any law or the rights of any third party.
You acknowledge that the Exchange and its subsidiaries and affiliates will hold information with respect to your identity, including, but not limited to, your name, address and payment details. You agree that we rely on this information in entering into this Agreement with you and you agree to hold us harmless against any falsehood or inaccuracy contained in the information you provide.
You agree to indemnify us and hold us harmless on demand for any losses, costs or expenses which may be incurred by us as a result of any errors contained in instructions submitted by you, any unauthorised or unlawful use of the Matchbook Services or any payment card charge-backs which may be effected for any reason whatsoever on amounts transferred by you to your Member Account.

Suspension and Termination:

We may (in our sole and absolute discretion) (i) refuse to register an applicant or (ii) suspend and/or terminate a Member's registration and Member's Account, with no obligation to provide Members with any reasons for so doing. In amplification of the aforegoing but without limitation and without restricting our ability to rely on other remedies that may be available to us, we will suspend or terminate Members' Accounts or cancel any unmatched offers at our absolute discretion if: (i) we suspect that or Members are acting other than on their own behalf or otherwise in concert with others or engaging in illegal or fraudulent activity while using the Matchbook Services; (ii) we suspect that or Members are breaching any terms of this Agreement; (iii) we suspect that or Members are acting in a manner that is detrimental to the conduct of Matchbook's business; (iv) we suspect that Members may be or are having difficulties obtaining credit; (v) we suspect that or it is illegal for a Member to participate in the Exchange, (vi) we are unable to verify registered address or contact telephone number; or (vii) we are required to do so by law.
If a Member's registration is terminated or suspended, we may (in our sole and absolute discretion) declare as void all contracts made by the Member and cancel unmatched offers by the Member. If a Member is a party to a contract with a Member whose registration is terminated or suspended, you hereby irrevocably consent to us declaring void any such contract.

Limitation of Liability:

To the fullest extent permitted by law, we are not responsible nor shall we be liable for any damages, loss, costs or consequences of any nature whatever that are alleged to or have occurred through a Member's use, or misuse, of the Matchbook Services.
Without derogating from the generality of the provisions of Clause 6.1 above:
- We will not be liable to members for any loss that members may incur as a result of misuse of passwords, member names, digital certificates or other identification means accepted by the company from time to time and we accept no liability resulting from any unauthorized use, whether fraudulent or otherwise.
- If, through use of the Matchbook Services, a Member causes the Exchange to publish, whether on the Matchbook Website, via email or otherwise, potentially defamatory, illegal, obscene or offensive material, that Member agrees that he/she shall be solely liable for the publication of such material and that he/she will indemnify the Exchange for all costs, penalties, liabilities and charges incurred by it in relation to such publication.

THE MATCHBOOK SERVICES ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING,WITHOUT LIMITATION, DAMAGES FOR LOSS OF DIRECT OR INDIRECT PROFITS, ECONOMIC LOSS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) OR ANY DIRECT,INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL, EXEMPLARY OR SPECIAL LOSSES AND/ OR DAMAGES HOWEVER CAUSED INCLUDING BUT NOT LIMITED TO ANY LOSS OF CONTRACTS, LOSS OF GOODWILL AND LOSS OF REPUTATION ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATCHBOOK SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Subject to the aforegoing, our maximum aggregate liability to any Member howsoever arising shall be limited to the amount of commissions actually received by us from that Member in the 6 (six) month period prior to any cause of action arising.

Intellectual Property:

The information contained in the Matchbook Website is copyrighted and protected by world-wide copyright laws and treaty provisions. It may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way, without our prior written permission. Except as expressly provided herein, Matchbook does not grant any express or implied right to Members or any person in any intellectual property rights, details of Members or trade secret information.
Matchbook is the owner or authorised user or licensee of all the intellectual property rights in the Matchbook Website including, without limitation, any copyright, patent, registered design, trade marks, service marks, source codes, specifications, templates, graphics, logo(s) or any right subsisting in Alderney or elsewhere in respect of formats, interfaces, programming, the offering of services to other customers, software or any application for any of the foregoing and any modification, improvements, developments and enhancements thereof.
Except as expressly provided herein Members or any other persons are not permitted to interfere with, infringe or violate any intellectual property rights of Matchbook or its licensors and you agree not to interrupt or attempt to interrupt the operation of the Matchbook Website.
Subject to our Privacy Policy any Member that posts data, information, material or content on the Matchbook Website shall and hereby grant(s) Matchbook a worldwide, royalty-free, sub-licensable, perpetual, irrevocable license to use, copy, reproduce, link, modify, adapt, frame, brand, distribute and publish such data, information or material on any media now known or later developed.
No links to the Matchbook Website are permitted without our prior written permission.

Force Majeure:

We shall not be liable, and shall not otherwise be deemed to be in breach of this Agreement, for any failure to perform, or delay in performing, any of our obligations hereunder caused by circumstances beyond our reasonable control including but not limited to government or regulatory restriction, act of God, power cut, trade or labour dispute, act failure or omission of any government or authority, the failure of electronic or mechanical equipment or communication lines, telephone or other interconnection problems (e.g. if a Member or the Exchange is unable to access his/her/its online service provider), unauthorised access, theft, operator errors, severe weather, earthquakes, floods and strikes or other labour problems. In such an event, we may (in our sole and absolute discretion) cancel or suspend the Matchbook Services without incurring any liability.
We will not be liable for the failure of any equipment or software, wherever located or administered, or whether under our direct control or not, that may prevent the operation of the Matchbook Services, impede the matching of offers, or prevent Members from being able to contact us.
We will not be liable for any failure to perform by a third party to this Agreement. In particular, we may (in our sole and absolute discretion) declare null and void any contracts that the Exchange may not be able to settle because of non-performance by a third party.

Legality:

The Exchange is operated by Triplebet Ltd from Alderney. We make no representation that the Exchange is appropriate or available for use in any location and access to it from territories where its content is illegal is prohibited. It is each Member's responsibility to ensure that their own local, national or state laws allow them to become Members and to place offers in the Exchange. In particular, it may be illegal for people from certain countries to use the Matchbook Services and it is solely the Member's responsibility to ensure that he/she complies with applicable laws governing his/her use of the Matchbook Services. If use of the Matchbook Services is illegal in the jurisdiction in which the Member is located, the Member is not authorized to open a Member Account.

Disputes, Jurisdiction & Applicable Law:

After the outcome of a contract has been determined, we will settle the contract and transfer funds into the successful Member's Account as described above. As a condition of using the Exchange, each Member shall immediately notify Matchbook if: (a) he/she has placed an offer which has not been posted on the Matchbook Website or (b) he/she becomes aware of any unauthorized use of their username or password.
Should there be any dispute over the terms or the outcome of an individual bet, the management of the Exchange will have the final decision on its outcome, having made reference to the Rules of the Exchange and the appropriate industry best practice and applicable regulatory rules.
Complaints that cannot be resolved through the normal Matchbook Customer Service channels can be sent forward to the AGCC (The Alderney Gambling Control Commission) at info@agcc.gg or visit their website at http://www.gamblingcontrol.org/players3.php
In the event that a Member has a dispute with one or more Members, that Member (in addition to any other limitation of liability applicable in favour of Matchbook hereunder) releases Matchbook (and its officers, directors, agents, subsidiaries and employees) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF ALDERNEY EXCLUDING ITS CONFLICTS OF LAW RULES. YOU HEREBY SPECIFICALLY AGREE AND CONSENT TO ANY LEGAL PROCEEDINGS BROUGHT BY YOU AGAINST US BEING LITIGATED IN THE COURTS OF GUERNSEY.

Changes to this Agreement or to the Exchange Services:

Matchbook may amend this Agreement at any time by posting the amended terms on the Matchbook Website. All amended terms shall automatically be effective immediately after they are posted on the Matchbook Website. It is a Member's responsibility to check the Agreement from time to time to ensure that he/she agrees with the terms. The continued use of the Matchbook Website and the Matchbook Services by a Member following such modifications to this Agreement shall constitute acceptance of the new Agreement and Members will be bound by such modifications. If a Member does not accept any such changes, then his/her sole remedy is to cease using the Matchbook Services and withdraw any outstanding Member Account balance. You should print a copy of this Agreement as amended from time- to- time and retain it for your records.
Matchbook reserves the right to change the format of the Matchbook Website and other Matchbook Services.

General:

If any provision of this Agreement is held to be invalid, void or unenforceable by reason of any law, rule, administrative order or judicial decision, that determination shall not affect the validity of the remaining provisions of this Agreement.
The headings in this Agreement are for convenience of reference only and do not affect the construction or interpretation of any provision.
Notices and other communications delivered or mailed to the postal address or to the electronic-mail address provided by the Member shall, until Matchbook has received notice in writing of any different address, be deemed to have been personally delivered once sent whether actually received or not.
Each Member hereby agrees that this Agreement shall be binding upon his/her heirs, executors, administrators, personal representatives and assigns. This Agreement shall inure to the benefit of the Exchange and its successors, assigns and agents. We may assign our rights and duties under this Agreement to any of our subsidiaries or affiliates without giving notice, or to any other entity upon prior written notice.
The relationship of the Exchange and the Member established by this Agreement is that of independent contractors, and nothing contained in this Agreement shall be construed to: (i) give either party the power to direct and control the day-to-day activities of the other; (ii) deem the parties to be acting as partners, joint venturers, co-owners or otherwise as participants in a joint undertaking; or (iii) other than as stated in this Agreement, permit either party or any of either party's officers, directors, employees, agents or representatives to create or assume any obligation on behalf of the other party for any purpose whatsoever.