Handshake General Terms and Conditions
Last Updated: 11 August 2022
1.Introduction
1.1 The following Terms and Conditions (“Terms”) relate to your (“you”, “your” and “yourself”) use of our Platform, the Buddybet Services and your Buddybet account. Subject to agreement and compliance with these Terms, you are granted a limited, non-exclusive, non-transferable, revocable license to access and use Buddybet strictly in accordance with these terms.
2. Our Details
2.1 Buddybet Social LLC (“Buddybet“, “we“, “us“, “our“) is a limited liability company pursuant to the Limited Liability Company Act of the State of Delaware, with its office at 221 N. Broad Street, Suite 3A, Middletown 19709, Delaware.
2.2 All handshake bets are non-monetary bets and we do not review or approve any handshake bets. However, we reserve the right to cancel or suspend any non-monetary bets at any time, with or without notice to you, including where we consider that the placement of the non-monetary bet may result in a breach of any of the Customer Terms.
2.3 Buddybet is not a sportsbook in any way and merely provides a platform that facilitates social, non-monetary bets between you and other users.
3. Buddybet Account
3.1 If you wish to participate on our platform, you will need to open an account with us. In doing so, you will need to provide your full name, DOB, address, email address and mobile number.
3.2 Visiting Buddybet or sending emails to Buddybet constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email, satisfy any legal requirement that such communications be in writing.
4. Account Terms and Conditions of Use
4.1 You are required to read these Terms carefully before opening an account and utilising our services. Our Terms must be read together with our Privacy Policy, User Guidelines, and Community Guidelines (hereafter collectively referred to as “Customer Terms”).
4.2 You will be notified of any changes to our Customer Terms, prior to them taking effect, that materially effect your use on our Platform. If you do not accept our material changes, you may choose to stop using Buddybet. Your continued use of Buddybet, following the provision or notice and publication of the updated Customer Terms, constitutes your acceptance of those changes.
4.3 Our Customer Terms, including any amendments, are published and are accessible on our Platform. It is your responsibility to keep up to date with our Customer Terms.
4.4 By creating your Account on our Platform, you agree to be bound by the Customer Terms.
5. Your Account
5.1 By opening an Account with Buddybet, you understand and agree that:
(a) Proof of Age: you represent and warrant that you are 18 years of age or over. We reserve the right, at any time, to ask you for identity documents to verify your age. You agree that we may suspend your Account, until satisfactory identity documents are provided. If we identify, or have a reasonable suspicion, that you may be under the age of 18, your Account may be suspended or permanently closed.
(b) Legal Capacity: you represent and warrant that you are of sound mind, capable of taking responsibility for your own actions and capable of entering into a legally binding agreement with Buddybet.
(c) Poof of Identity and Accurate Information: you confirm that you are the person whose details are provided in connection with the opening of your Account. We reserve the right to request that you provide proof of identity, residence or other verification information or documentation when you register for an Account. You agree to provide accurate information at the time of registration, including without limitation, your correct full name, date of birth, residential address, contact details and driver’s licence t and you agree to inform us of any changes to such details. You agree to provide all such information or documentation as we require so that we may complete these verification checks. You understand and agree that, as part of the registration process, Buddybet may disclose your information to authorised verification identity agencies to confirm your identity. If we are unable to verify your identity, you will not be able to use our services, until we are able to sufficiently verify your identity. The Buddybet registration process will only be completed once your identity has been verified.
5.2 Representations and Warranties: In addition to the representations set out at clause 5.1, you further represent and warrant that:
(a) you act as a principal and have not opened and/or are not using, your Account on behalf of a third party; and
(b) you are not currently subject to a self-exclusion period from Buddybet
5.3 Account Details: You understand and agree that it is your responsibility to keep your Account and contact details up to date. Failure to do so, may result in you not receiving important Account related notifications and information from Buddybet, including (but not limited to) any amendments we make to our Customer Terms.
5.4 Registration Process: Upon opening your account, you will be asked to provide your full name, DOB, Address, Mobile/Phone Number and Email Address.
5.5 Account Security: Buddybet requires you to choose your own email and password upon signing up. You understand and agree that you are solely responsible for the security and confidentiality of your Account. You agree to keep your email and password secured and protected at all times, and any failure to do so shall be at your sole risk and expense. You are responsible for any misuse of your Account. We recommend that you change your password on a regular basis and never disclose it to any third party. If at any time you lose or forget your email and/or password or you believe that a third party has access to them, please change these immediately via your Account Settings on our Platform or email support@bb-wa-buddybet-website-prod-eastau-a9htdub8grfzfqgg.australiaeast-01.azurewebsites.net for assistance.
5.6 Bets Placed on your Account: Once your Account is active, we are entitled to assume that all actions taken on our platform by your account are made by you, the registered user of the Account. As such, you acknowledge and agree that you are solely responsible for all bets placed and activity on your Account. If another person accesses your Account, you are solely responsible for all their actions whether or not their access was authorised by you, and you hereby indemnify us against all costs, claims, expenses and damages arising in connection with the use of and/or access to your account by any third party. If we have reasonable suspicion that an Account is being used or accessed by a party other than the registered user, we reserve the right to suspend or close the Account until sufficient identification has been provided.
5.7 No Transfer of Accounts: You agree and warrant that you will not attempt to sell or otherwise transfer the benefit of your Account to any third party, and nor will you acquire or attempt to acquire an account which has been opened in the name of a third party.
5.8 Multiple Accounts: You may only hold one Account with Buddybet. If we discover, or have reasonable suspicion to believe, that you hold more than one Account, we reserve the right to close any, and all, accounts.
6. Privacy
6.1 The personal information that you disclose to us will be collected, stored, used and/or disclosed in accordance with our Privacy Policy
6.2 By registering for an Account and using our Services, you consent to Buddybet using your personal information to verify your identity or as otherwise stated in our Privacy Policy.
7. Suspension or closure of your Account
7.1 You may choose to close your Account at any time either by closing the account from within the Buddybet app or by contacting Buddybet Support on support@bb-wa-buddybet-website-prod-eastau-a9htdub8grfzfqgg.australiaeast-01.azurewebsites.net. Account closures are subject to identity verification.
7.2 Buddybet reserves the right to suspend or close your Account at any time for any reason.
7.3 Without limiting clause 7.2, Buddybet reserves the right to suspend or close your Account if:
(a) you breach any of the Customer Terms;
(b) Buddybet discovers, or has reasonable belief, that you are using the Services in a fraudulent manner or for illegal or unlawful purposes;
(c) Buddybet discovers, or has reasonable belief, that you are using the Services in an unfair manner or have deliberately cheated or taken an unfair advantage of Buddybet or any other customer;
(d) we have been requested to do so by the police, any regulatory authority or court or we are required to do so to comply with any other order, law or regulatory requirement;
(e) Buddybet ceases to offer the Services; or
(f) for any other reason, at our sole discretion, acting reasonably.
7.4 Not all services described in these Terms are available to all persons or at all locations. We reserve the right to limit, at our sole discretion, the provision of any such services to any person or in any location. Any offer of a service in these Terms shall be deemed void where prohibited and we may also take steps to block you from betting on certain events, using our Platforms (or any part of it), if you are located in jurisdictions where our services are illegal or where we determine that your account should not be permitted to bet on such events.
7.5 If we close or suspend your Account for any reason, you are liable for any, and all claims, losses, liabilities, damages, costs and expenses incurred or suffered by Buddybet arising therefrom, and you agree that you will indemnify us on demand for any such claims.
7.6 In addition, if formally requested by the police or other government, regulatory or law enforcement authorities, or in the event that you fail to provide us with sufficient information to identify yourself in accordance with our own internal procedures or those imposed on us by regulatory or enforcement authorities (wherever based), we may suspend your Account and all functionality relating to the use of your Account pending determination of any criminal or other legal proceedings or investigation to which such a request may relate or until you provide the necessary ‘know your customer’ or ‘age verification’ information as appropriate.
8. Use of the Platform
8.1 You agree not to do anything on or in connection with the Platform that:
(a) breaches these Terms, the Community Guidelines or any other Customer Terms;
(b) is unlawful, including the use of our platform to facilitate real money gambling in any way
(c) may result in harm, injury, illness or death to any person, group or animal;
(d) may result in damage to or loss of property; or
(e) otherwise presents any safety risk or could expose us to any liability to a third party.
8.2 Without limiting clause 9.1:
(a) to the maximum extent permitted by law, Buddybet is not responsible or liable for any damages that arise from any breach of clause 1 or any other failure by you to comply with our Customer Terms;
(b) you indemnify us against all costs, claims, expenses and damages arising in connection with any third party claim arising from any breach of clause 1 or any other failure by you to comply with our Customer Terms; and
(c) you take part in any handshake / non-monetary bet at your own risk and Buddybet does not accept any liability for any liabilities, damages or losses which are deemed or alleged to have arisen out of, or in connection with any such bet.
9. Liability
9.1 Limited warranties: While we endeavour to provide you with the Services using reasonable care and skill and to ensure that the information on our Platform is correct to the furthest extent permitted by law, Buddybet makes no warranties as to the accuracy or completeness of the information and material on our Platform. The information and material on our Platform is provided “as is” and may contain typographical error or inaccuracies. We reserve the right to correct any errors in relation to the Services and will use reasonable endeavours to do so but Buddybet is under no obligation to update such materials.
9.2 No further warranties: Subject to clause 10.1 and as otherwise set out in these Terms, to the maximum extent permitted by law, Buddybet makes no further warranties or representations as to the Services, and all warranties, representations, conditions or other terms are excluded, whether expressly or implied.
9.3 No Liability: To the maximum extent permitted by law, Buddybet does not accept any liability for any liabilities, damages or losses which are deemed or alleged to have arisen out of, or in connection with, the Services (including any delays, interruptions in the operation or transmission of the Services, any loss or corruption of data, communication or systems failures or any other person’s misuse of the Services or its content (including by another customer)).
9.4 No indirect or consequential losses: For the avoidance of doubt, Buddybet shall not be liable, in contract or tort (including negligence) or otherwise, which gives rise to any indirect or consequential loss or damage of any kind (whether foreseeable or not), including but not limited to, any liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of opportunity, loss of data or loss of goodwill or reputation.
9.5 Statutory Rights: Nothing in this clause 10 affects your statutory rights under law. Nothing in these terms and conditions purports to modify, limit or exclude the conditions, warranties undertakings and other legal rights to which you are entitled under Consumer Law and other relevant laws. To the maximum extent permitted by law, any and all other warranties or conditions which are not guaranteed by law are expressly excluded.
9.6 No exclusion of Liability: Nothing in these Terms and Conditions shall exclude Buddybet’s liability for:
(a) fraud or fraudulent misrepresentation;
(b) death or personal injury caused by our negligence; or
(c) any other liability which cannot be excluded or limited under relevant law.
10. Grievances and Dispute Resolution
10.1 We want our customers to be fully satisfied with their experience whilst using our Platform and to have trust and confidence that handshake betting is fair and equal for all customers. We recognise that there are those rare occasions where parties to a bet, will not agree on the bet result.
10.2 In circumstances where parties are unable to mutually agree on the bet result, Buddybet will resolve the bet on the users’ behalf, in accordance with our User Guidelines.
10.3 If you wish to raise a grievance relating to your use of our Platform, or in relation to a past or current transaction or interaction with another customer, please contact the Buddybet Support Team by email support@bb-wa-buddybet-website-prod-eastau-a9htdub8grfzfqgg.australiaeast-01.azurewebsites.net. They will then investigate your dispute or complaint and respond to you. Unless otherwise required by law, any disputes must be registered with Buddybet Support Team within thirty (30) days of the occurrence of the event to which the complaint relates. We will not be able to handle or resolve any complaint in respect of an event which pre-dates this time period.
11. Intellectual Property
11.1 You agree and warrant that you will not:
(a) reverse engineer or decompile (whether in whole or in part) any part of the software which makes up the Buddybet platform, Website or App (together, the Software); or
(b) make copies, modify, reproduce, transmit, alter or distribute the Software or all or any part of the site or any material or information contained on it.
Any unauthorised use or reproduction may be prosecuted.
11.2 You agree that you will not use the Software for any unlawful purposes or for the purposes of sending or transmitting any data or other material:
(a) in a manner that constitutes a violation or infringement of the rights of any third party (including but not limited to intellectual property rights);
(b) that has harmful or destructive or damaging properties;
(c) that may constitute any form of collusion; or
(d) which is likely to cause harm or damage to the computer systems, network or equipment of any third party.
11.3 Buddybet may issue upgraded versions of the Software from time to time and will make such upgraded versions available to you. All such upgrades shall be deemed to form part of the Software for the purposes of these Terms and Conditions.
11.4 You are solely responsible for the content you post on Buddybet (“Your Content”). We do not claim ownership of the materials you post. By posting Your Content on Buddybet, you:
(a) represent and warrant that you have all necessary rights, power and authority to do so;
(b) grant Buddybet a royalty-free, irrevocable, non-exclusive, transferable, worldwide licence (including a right to sub-license) to use Your Content to operate our services and to distribute Your Content on other platforms, including by making it available for broadcast or publication by others who partner with Buddybet;
(c) acknowledge that Buddybet has the right, at our sole discretion, to delete or remove Your Content at any time or for any reason;
(d) indemnify us against all costs, claims, expenses and damages arising in connection with any claim that Your Content, or our use of Your Content in accordance with the licence you have granted, infringes the intellectual property or other rights of any third party; and
(e) will not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing obscene, indecent, or unlawful topic, name, material or information, upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents.
11.5 You agree that any ideas, suggestions and feedback you provide to us can be used by us and they are without compensation or obligation to you.
12. Governing Law and Jurisdiction
12.1 In order to comply with our legal obligations, we reserve the right to restrict access to all or certain parts of the Services in respect of certain jurisdictions and we may take steps to geo-block you from opening an Account with us or from betting on or using our Services (or any part of it) in certain jurisdictions.
12.2 Except as expressly provided below in this Paragraph 13.2, all controversies, claims and disputes arising from or relating to this Agreement or otherwise related to disputes between the Parties hereto will be resolved by final and binding arbitration before a single neutral arbitrator located in New Castle County, Delaware, conducted under the applicable rules of the American Arbitration Association. The arbitrator’s award will be final and binding upon the Parties and judgment may be entered on the award. Each Party expressly waives its right to have any controversies, claims or dispute arising from or related to this Agreement decided by a court or jury. The Parties and the arbitrator will maintain in confidence the existence of the arbitration proceeding, all materials filed in conjunction therewith and the substance of the underlying dispute unless and then only to the extent that disclosure is otherwise required by applicable Law.
12.3 These Terms and Conditions (and the Customer Terms) will be governed by, and construed in accordance with, the laws of the State of Delaware without regard to conflicts of laws principles. Buddybet and the customer each agree to waive any jurisdictional, venue, or inconvenient forum objections to such courts.
12.4 Use of Buddybet is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
12.5 Buddybet may be entitled to bring a claim against a customer in the court of the customer’s country or state/territory of domicile.
13. Miscellaneous Provisions
13.1 Third Party Links: We may provide links on the Website or App to the websites of other companies, whether affiliated with us or not. We do not give any warranties or undertakings in relation to these third-party websites. The inclusion of any link does not imply endorsement by Buddybet of the linked site or association with its operators.
13.2 Cumulative rights: The rights and remedies in these Terms and Conditions are cumulative and, unless otherwise provided in these Terms and Conditions, do not exclude any other rights or remedies available to you in law.
13.3 Severability: If any of the provisions of these Terms and Conditions is found by a court to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will, to that extent will be severed from the remaining terms and shall not affect any other provision of the Terms and Conditions which remain in full force and effect.
13.4 Transfer of rights: The Customer Terms, including these Terms and Conditions, for a contract, are binding on you and us and our respective successors and assignees. You are not permitted to transfer, assign, novate, charge or otherwise dispose of this contract, or any other rights or obligations arising under this contract or the Customer Terms without our prior written consent. Buddybet may transfer, novate, assign, charge or sub-contract this contract and Customer Terms, or any of our rights or obligations herein, at any time, to any party, including to any company within the corporate group of companies.
13.5 Notices: All notices must be provided, in writing, in English and must be delivered:
(a) by you to Buddybet at the relevant email address or postal address as set out on the Contact Us page of the Buddybet Website; and
(b) by Buddybet to you at the email or postal address you provided to us when you registered your Account.
Any notice shall be deemed to be received and properly delivered or served:
(a) if on the Website, immediately;
(b) if sent by email or text message, within 24 hours of being sent;
(c) if delivered by post, three (3) days after the date of posting.
13.6 Force Majeure Events: We will not be liable or responsible for any breach of these Terms and Conditions or any delay in performing, failure to perform any of our obligations if such delay or failure is caused by events, circumstances or causes outside our reasonable control, including (without limitation) any telecommunications network failures, power failures, failures in third party computer software or hardware, lightning, flood, fire, explosion, severe weather, industrial disputes or actions, terrorist activity or acts of government or other competent authorities. In such circumstances, the time period for performance of our obligations shall be extended by a period equivalent to the period during which the performance of the obligation has been delayed or failed to be performed.
13.7 Entire Agreement: These Terms and conditions, Customer Terms and any other terms which may be published on the Website or App from time to time, represents the entire agreement between us in relation to the subject matter of any contract and our provision of the Services to you.
13.8 Waiver: If Buddybet fails, at any time during the term of this contract, to insist upon the strict performance of any of your obligation under these terms, or if we fail to exercise any rights or remedies to which we are entitled, this does not constitute our waiver of any such rights or remedies in the future and does not absolve you of your obligation to comply with the contract. Any waiver by us of any default or rights shall not constitute a waiver of any subsequent default and no waiver shall be effective unless it is stated expressly to be a waiver and communicated to you in writing.
13.9 Terminate: Buddybet reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.
Local Laws: If you choose to access this website you do so on your own initiative and are responsible for compliance with local laws, if and to the extent applicable.
