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1. THE
AGREEMENT
1.1 These Rules
set out the basis on which AnyBetNow.com provides its services to you and
governs your use of the service. In addition, special terms that may apply to
each event category, also constitute part of these Rules, together with the
Privacy Policy and Data Protection Consent.
1.2 The role of
AnyBetNow.com service is to act as a facilitator between customers who wish to
make offers to each other. These offers if matched or partially matched will
become betting contracts between the respective customers. Customer places
betting orders with AnyBetNow.com which are accepted at the sole discretion of
AnyBetNow.com during any time in which the respective order is valid subject to
the availability of respective counterparty offers/bets.
AnyBetNow is an
"execution only" betting exchange which provides exchange and clearing service
for its participants. All bets on AnyBetNow are offered by independent bettors.
You agree that your participation in any trading on Open2exchange is entirely at
your own risk.
1.3
AnyBetNow.com is owned and operated by ABN Marketing S.A., incorporated in Costa
Rica. In these Rules, the terms Site (with capital S) and AnyBetNow.com refer to
ABN Marketing S.A or any subsidiary company.
1.4
AnyBetNow.com may vary these Rules at its sole discretion at any time. Any such
revision or change will be binding on Customer and effective immediately on
posting of the revised Rules on this website or, at AnyBetNow.com's discretion,
on notification to Customer by email. Customer agrees that he/she shall be
solely responsible for checking for revisions and changes on each occasion
he/she uses the betting service. Customer agrees that any use of the betting
service at any time following such posting or notification shall constitute
his/her agreement to such revisions or changes.
1.5
AnyBetNow.com will use its reasonable endeavors to provide you with support via
the telephone or by e-mail limited to addressing problems experienced with
accessing and using the service, and uploading, downloading and viewing website
pages. AnyBetNow.com does not have a minimum response time to any particular
query nor does it guarantee to provide answers for any query. Any requests for
support should be directed to AnyBetNow.com using the details provided in the
"Contact Us" page of the website (or such other details as AnyBetNow.com may
from time to time notify you) in the first instance, but in the event that you
are dissatisfied with the response you may contact our offices at the address
stated on AnyBetNow.com's website.
1.6 This
agreement comes into effect when a prospective account holder the applicant
submits the required details to open a AnyBetNow.com account and agrees online
to be bound by the Site Rules, Special Rules, Privacy Policy and Data Protection
Consent. The agreement ceases when the account is closed.
2 OPENING
ACCOUNT
2.1 General
To open an
account, you must meet the following conditions:
2.1.1 You must
carefully read and agree to Site Rules, the Special Rules, Privacy Policy and
Data Protection Consent.
2.1.2 You must
be over 18 years of age to register and to place a bet with AnyBetNow.com.
AnyBetNow.com reserves the right to ask for proof of age from any customer and
accounts may be suspended until satisfactory proof of age is provided.
2.1.3 You must
not already hold a AnyBetNow.com account or have had an account that has been
closed by AnyBetNow.com.
2.1.4 You are
not an employee of AnyBetNow.com.
2.1.5 You are
not prohibited from using the services of the Site for any reason whatsoever,
and your use will not cause the Site to violate any law from any jurisdiction
from which you use the service.
2.2 Acceptance
By opening an
account on the Site you recognize and warrant that:
2.2.1 All
transactions are contracted and settled on AnyBetNow.com's servers.
2.2.2 You are
solely responsible for meeting any requirements of local tax authorities.
2.2.3 Betting
on AnyBetNow.com is an activity predominantly based on skill, not of chance. You
undertake that, when using the AnyBetNow.com services, you will not rely
predominantly on chance and you will not make any offer or series of offers that
would, if matched, be considered an illegal activity.
2.2.4 You may
lose money on AnyBetNow.com.
2.2.5 You agree
to keep your account number and password confidential and accept that you are
fully liable for all betting losses, orders and payment transactions on your
account, even if you are acting on behalf of a syndicate.
2.2.6 You must
provide and, where appropriate, update the Site with all information that it
requires to meet its anti-money laundering obligations.
2.2.7 All
information provided by you must be a true, accurate, current and complete
description of your circumstances. You are responsible for informing
AnyBetNow.com via the website of any changes to the account information
provided. AnyBetNow.com is not responsible if you incur any losses because it
was unable to contact you.
2.2.8 Any
attempt by you to interrupt the operation of the Site, or to manipulate
AnyBetNow.com prices will result in the immediate closure of your account and
AnyBetNow.com may prevent you accessing all or any part of the website.
2.3 Assessment
of Information Provided
2.3.1
AnyBetNow.com will handle all information provided by you on a confidential
basis and in accordance with AnyBetNow.com's Privacy Policy, and Data Protection
Consent which you should view.
2.3.2 In
applying to open an account, you agree that the Site:
a) may conduct
checks on the information that you have provided to ensure that it is correct
and that you meet the conditions for becoming an account holder of the Site. You
authorize the Site to use any means necessary to verify your registration
details and check your creditworthiness.
b) is held
harmless against any falsehood or inaccuracy contained in the information you
provide when registering as a customer.
2.4 Application
Process
2.4.1 You may
apply to open an account using the application process on the website.
2.4.2 When the
Site has accepted your application it will prepare an account and send you an
e-mail with your account number. When you first access your account it will be
opened.
2.4.3 Before
you may bet, you must deposit funds into your account.
2.4.4 The Site
is entitled to reject your application without giving you a reason.
2.5 Misuse of
Account
2.5.1 You agree
to disable automatic password memory features in your browser and ensure that
you exit from your account at the end of each session.
2.5.2 If you
suspect that someone else is using your account, you agree to immediately change
your password and inform the AnyBetNow.com by e-mail. When AnyBetNow.com is
informed it will suspend your account, preventing you from becoming liable for
any further activity, although you will remain liable for all activity before
the Site is informed.
2.6 Account
Suspension and Closure
2.6.1
AnyBetNow.com has the right to suspend or close your account at any time without
giving you a reason, without further obligation or liability to you resulting
from these actions.
2.6.2 If your
account is suspended by AnyBetNow.com, you cannot enter new orders or make
deposits/withdrawals and your open orders will be cancelled.
2.6.3 You will
be unable to access your account if you fail to login correctly on fifteen
consecutive occasions. Your account will be temporarily locked for 24 hours. If
you fail to login correctly on forty consecutive occasions, your account will be
locked and you will have to contact our customer care team to re-activate your
account.
2.6.4 You may
only request to close your account by contacting AnyBetNow.com using the details
described in the "Contact Us" section of the website.
2.6.5 You may
only close your account when there are no open orders or positions and all
payments have cleared.
2.6.6 If
AnyBetNow.com closes your account then it may, at its sole discretion, choose to
take any or all of the following actions:
a) cancel any
or all of your outstanding orders;b) open positions in other similar, bets in
order to hedge exposures created by your open positions;
c) offset any money in your account to cover losses made on all of your
transactions, instigated either by you or the Site, and any costs incurred by
the Site in determining and handling your breach of these Rules, including
without limitation legal costs;
d) recover any losses resulting from the close out of positions by charging to
your registered card.
2.6.7 In
closing your account, you recognize that AnyBetNow.com's priority is to protect
itself and the interests of its other customers. AnyBetNow.com neither has any
obligation to minimize your losses nor to consult with you over its actions.
3 YOUR ACCOUNT
3.1 Once you
have successfully opened an account you may deposit and withdraw funds as
described in Sections 4 and 5.
3.2 You are
only allowed to hold money in your account to cover your likely future betting
requirements. AnyBetNow.com is not a bank and does not provide any banking
facilities. If it appears to AnyBetNow.com that the amount of money you have
deposited is excessive in relation to your betting requirements then you will be
required to withdraw money.
3.3 Details of
your transactions over the previous 365 days may be viewed in the "Banking
Transactions" section of the website once you have logged in.
3.4 You are not
entitled to interest on funds in your account. However at its sole discretion
AnyBetNow.com may choose to pay interest on cleared funds. Where appropriate,
details of any interest payments are available on the website in the "Rules and
Fees" section.
3.5 You can see
up-to-date details of your account on the website in the "Your Profile" section.
3.5.1 Available
Funds - this is the amount of money and value of non-cash balances (such as
promotional offers) in your account that can be used to meet initial
requirements on new orders.
4 DEPOSITING
FUNDS
4.1 On opening
an account you can deposit any amount to be able to bet.
4.2 All
accounts are denominated in US Dollars.
4.3 Deposits
may only be made using E-gold, pecunix, Moneybookers, bank transfers or such
other methods that may be approved by AnyBetNow.com.
4.4 While every
effort is made to credit your account in a timely manner, AnyBetNow.com is not
responsible for any delays that may occur.
4.5 Where
AnyBetNow.com incurs any additional costs as a result of your funds being
deposited by means other than those described in Section 4.3, your account will
be debited accordingly.
4.6
AnyBetNow.com may require proof of identity before it credits your deposit to
your account. If such proof is not received within a timely manner AnyBetNow.com
will return your deposit to you subject to Section 6 below.
4.7
AnyBetNow.com reserves the right to reject any payment via online methods.
4.9 Deposits
made will normally be credited to your account within one working day of
receipt. A more precise clearing time for every payment method is specified in
the Deposit Funds page.
5 WITHDRAWING
FUNDS
5.1 You may
withdraw available funds from your account by E-gold, Moneybookers, check, bank
transfer. Where a deposit has been made in the previous 7 days, you may not be
able to withdraw all of your funds shown as available to bet.
5.2
AnyBetNow.com will only accept a request to withdraw funds made using the
"Withdraw Funds" page to be found on the "My Account" section.
5.3 Unless
otherwise specified, you may withdraw all of the available funds from your
account.
5.4 In some
cases AnyBetNow.com may require evidence of your identity before processing a
withdrawal request to comply with anti-money laundering laws (see Anti-Money
Laundering Provisions). If AnyBetNow.com requires evidence of your identity and
it is not received within a reasonable time AnyBetNow.com may suspend your
account until such proof is received and no withdrawal will be processed until
the said receipt.
5.5
AnyBetNow.com does not accept any liability or responsibility if it makes a
payment in accordance with your instructions but there was an error in your
instructions.
5.6
AnyBetNow.com will not be obliged to process a withdrawal by the method
requested if it believes that by so doing their is any possibility of fraud.
5.7 The
withdrawal tariffs as well as the clearing times are specified in the Withdraw
Funds page.
5.8 Withdrawals
by bank transfer are limited only by the customer's available funds.
5.9 Withdrawals
will only be paid to the customer's bank account.
5.10
Withdrawals to bank accounts will be processed by AnyBetNow.com within one
banking day of the request. It may take longer for your bank to credit your bank
account.
6 ANTI-MONEY
LAUNDERING PROVISIONS
6.1 Where
required by AnyBetNow.com, customers agree to provide a signed acceptance of
these rules, proof of identity, address and, if appropriate, proof of ownership
of your registered bank account or card.
6.2 If the
requested documents are not received within 14 days of the initial request, your
account will be suspended and may subsequently be closed.
6.3 You may be
required to provide the information if:
a) the funds in
your account exceed USD 25,000;
b) you deposit over USD 25,000 in a three month period;
c) you withdraw in excess of USD 25,000 in a three month period;
d) AnyBetNow.com considers that your betting or payments may infringe anti-money
laundering laws.
6.4 Where
AnyBetNow.com believes that anti-money laundering laws have been contravened,
AnyBetNow.com will suspend the customer's account until an investigation is
completed.
7 BETTING
7.1 General
7.1.1
AnyBetNow.com accepts no responsibility for any losses incurred due to a
customer's inability or delay in accessing or using the website.
7.1.2
AnyBetNow.com will under no circumstances identify Customer to other customers
as the originator or taker of the offer.
7.2 Betting
Hours
7.2.1 Betting
hours, during which bets may be entered and matched, are between 01:00 and 00:00
GMT.
7.2.2 Where
possible, changes to the published betting hours will be published on the "News"
section of the website.
7.2.3 Betting
hours may be amended at short notice to permit betting during delayed events.
7.2.4
AnyBetNow.com may be temporarily suspended to permit system maintenance and
enhancements, after all bets have been paused.
7.2.5 To ensure
an orderly market, AnyBetNow.com retains the right to pause betting for any
period of time. While a market is paused, no new orders may be added or
canceled.
7.2.6 For a
short period each day, outside of betting hours, AnyBetNow.com updates accounts.
During this daily maintenance period, requests to cancel orders and
deposit/withdraw funds will be delayed.
7.3 Entering
Bets
7.3.1 Matching
bets: once Customer has accepted an offer to bet, he/she will not be allowed to
change the terms of that bet or cancel or withdraw from that bet. Acceptance of
an offer for a bet, once received, concludes the bet.
7.3.2 Reserving
and offering bets: once Customer has confirmed that he/she wishes to place a
particular order for a bet, Customer agrees to leave the offer for that bet open
for acceptance by any other customer. Unmatched offers may be withdrawn at any
time (unless and until they have been accepted) by canceling the relevant offer.
The cancellation of an outstanding offer becomes effective when AnyBetNow.com
receives communication of Customer's instruction to cancel. In the event that
AnyBetNow.com fails to receive the cancellation, Customer acknowledges that the
offer may remain available for acceptance.
7.3.3 Your bet
will be rejected if you have insufficient "Available Funds" to cover the
possible losses.
7.3.4 To
protect the interests of AnyBetNow.com and its customers, AnyBetNow.com may
restrict a customer to entering bets.
7.3.5. All bets
are held for 4 seconds prior being made live and available to trade against.
7.3.6 If a bet
has an expiration date/time, it will remain open for a specific time period.
Once the system time reaches the time you specified any unfilled part of your
bet will be cancelled.
7.3.7 If a bet
does not have an expiration date/time, it remains posted with the remaining
stake and the same original odds until the event expires.
7.3.8 It is
possible that you may enter a bet, which appears to match against an existing
bet but that bet may either have been withdrawn or matched by another customer
before AnyBetNow.com receives your order.
7.3.9 When
matching bets, AnyBetNow.com gives priority first by odds and then by the time
that the bet was received by AnyBetNow.com.
7.3.10 Where
the stake of the new bet is less than the bet already placed, the smaller amount
of the stake will match and the remaining amount of the stake will remain. This
is known as a "partial fill".
7.4 Canceling
Bets
7.4.1 When
entering an bet, it must be marked either as Expirable by specifying the expiry
date or Unexpirable.
7.4.2
Expirable: Any remaining unexecuted stake of an Expirable bet is automatically
cancelled as the system time reaches the date specified with the bet.
7.4.3
Unexpirable: If a bet is marked as Unexpirable it will remain on the order book
until you cancel it or the event expires.
7.4.4 You may
cancel bets that have not been matched at any time before the expiry of that
event.
7.5 Event
Expiry
7.5.1
AnyBetNow.com expires an event and sets its outcome after the conclusion of the
event. Events without an explicit expiry date need to be expired after 21:00 GTM
may not be expired until the following morning.
7.5.2 Unless
the relevant Special Rules state otherwise, AnyBetNow.com has the right to
expire the events early if the end result of the event is clear and not subject
to change.
7.5.3 Rules
governing special expiry rules are described in the Special Rules.
7.5.4 When
AnyBetNow.com expires an event, it takes the following actions:
a) closes the
event to prevent further trading;
b) cancels any outstanding bets;
c) sets an outcome
d) calculates the profit/loss and amends your account balance;
7.5.6 Where
there is doubt over the outcome of the event, AnyBetNow.com will delay the
settlement of the event until an outcome may be set.
8 SETTLEMENT
8.1 General
8.1.1
AnyBetNow.com credits/debits your account with betting profits and losses and
freezes your funds to cover possible losses on bets in order to protect itself
and its customers against a customer failing to pay any losses that arise on
open bets.
8.1.2 Betting
profits and losses are immediately credited and debited to your account after
the outcome for an event is set.
9 FEES
9.1
AnyBetNow.com charges betting fees for matched bets. There is no fee for placing
a bet.
9.2 Current
fees are displayed on the Fees page in the website.
9.3
Notification of changes to AnyBetNow.com fees will be posted on the website at
least one week before the changes are implemented and will apply to all
outstanding orders.
10 GENERAL
LEGAL
10.1 The
failure of a party to take action in respect of any breach of these Rules shall
not constitute a waiver of any other breach of the same or any other provisions
of these Rules and no waiver shall be effective unless made in writing.
10.2 If any
part of this Agreement is found by a court of competent jurisdiction or other
competent authority to be invalid, unlawful or unenforceable then such part
shall either be interpreted in a way which can be enforced and is near to the
original intent or be severed from the remainder of this Agreement, the
remainder of this Agreement continuing to be valid and enforceable to the
fullest extent permitted by law.
10.3 These
Rules (incorporating the Special Rules) constitute the entire agreement between
you and AnyBetNow.com and supersede all prior oral or written agreements,
understandings, representations or arrangements (unless fraudulent) between you
and AnyBetNow.com relating to the provisions of the service under these Rules.
10.4 These
Rules and the agreement they create between you and AnyBetNow.com is personal to
you and you may not transfer or assign the agreement or any part to any third
party.
10.5 These
Rules shall be construed and governed by the laws of Costa Rica and you hereby
irrevocably submit to the non-exclusive jurisdiction of the Costa Rican courts.
Irrespective of the foregoing, you agree to comply with any local laws that may
apply to your ability to access, use and deal with the services in any manner.
10.6
AnyBetNow.com shall not be liable for any breach of its obligations hereunder
resulting from causes beyond its reasonable control including, without
limitation, fires, flood and strikes (of its own or other employees),
technology, network or power supply failures.
10.7 You agree
that your calls made to AnyBetNow.com may be recorded for member service or
security purposes.
11 LIMITATIONS
ON ANYBETNOW.COM'S LIABILITY
11.1 The
service is subject to availability. AnyBetNow.com will use its reasonable
endeavors to provide you with a continuous service but AnyBetNow.com makes no
warranty or representation that the service will be uninterrupted or error free,
nor is any warranty given that the content contained on the website does not
contain viruses or may otherwise impact your computer. You acknowledge that
neither AnyBetNow.com nor any other party has any control over the internet.
11.2 Services
are provided on an "as is" basis and AnyBetNow.com make no warranties or
representations of any kind either express or implied in relation to the service
including but not limited to warranties or conditions of completeness, accuracy,
timeliness, quality (satisfactory or otherwise), merchantability and fitness for
a particular purpose.
11.3 No advice
or information whether oral or written obtained by you from AnyBetNow.com or
through or from the service shall create any warranty not expressly stated in
these Rules.
11.4 Save as
expressly set out in these Rules, all conditions and warranties which may be
implied or incorporated into these Rules by law or otherwise are hereby
expressly excluded to the extent permitted by law.
11.5
AnyBetNow.com shall not be liable for any indirect, incidental, special,
punitive or consequential loss or damages arising from or in connection with
these Rules or your use of any AnyBetNow.com provided services.
11.6
AnyBetNow.com's maximum aggregate liability under these Rules for any direct
loss or damage that you may suffer shall be limited to the aggregate amount on
deposit by you with AnyBetNow.com for the purposes of your use of the service.
11.7 If any
exclusion, disclaimer or other provision contained in these Rules is held
invalid for any reason and AnyBetNow.com becomes liable for loss or damage that
could otherwise be limited, such liability, whether in contract, negligence or
otherwise, will not exceed the aggregate amount deposited by you with
AnyBetNow.com for the purposes of your use of the service.
11.8
AnyBetNow.com accepts no liability for any defamatory, obscene or offensive
material published on the service, whether on the website, by e-mail or
otherwise and you agree to fully indemnify AnyBetNow.com for all liability, as
defined in Section 14, incurred through your use of AnyBetNow.com and incurred
by AnyBetNow.com in relation to any publication by you. AnyBetNow.com accepts no
liability for the content of any other sites linked to the AnyBetNow.com
website.
11.9 Some
jurisdictions do not permit the limitation or exclusion of liability for loss or
damage or the limitation or exclusion of certain implied warranties. Accordingly
some of the limitations and exclusions specified in these Rules may not apply to
you.
12 INDEMNITY
12.1 You agree
to fully and effectively indemnify and keep indemnified at all times
AnyBetNow.com and its officers, directors, employees, affiliates and agents,
immediately on demand against all and any liability (which liability shall
include, without limitation, all losses, costs, claims, expenses, demands,
actions, damages, legal and other professional fees and expenses on a full
indemnity basis) which AnyBetNow.com or any of those individuals may suffer or
incur as a result of access to and/or use of the service by you, any
information, data or material produced by you or any breach by you of any of the
provisions of these Rules (or of any law, code or regulation relating thereto or
otherwise to the service).
13 INTELLECTUAL
PROPERTY AND RIGHTS TO USE
13.1
AnyBetNow.com hereby grants to you and you hereby accept a non-exclusive and
non-transferable license to use any software provided by AnyBetNow.com for the
sole purpose of enabling you to use the service. You acknowledge and agree that
the title to all copyright, trademarks and all other intellectual property
rights in any software or other material which you are able to use as part of
the service is and shall at all times remain vested in AnyBetNow.com or its
third party licensors.
13.2 You
acknowledge that you are permitted to use any such software or materials only as
expressly authorized by AnyBetNow.com or its licensors and may not copy,
reproduce, disassemble, reverse compile, adapt, transmit, distribute, sell or
sub-license content or create derivative works of such software or other
material without express authorization, except for your own personal,
non-commercial use.
13.3 You agree
that you are not permitted to reproduce, copy, sell, resell or exploit the
service (or any part thereof) and use of and access to the services for any
commercial purposes. You agree that you will not create any links to the website
without the prior consent of AnyBetNow.com.
15.4 You agree
not to take any action or use any device, software or routine that imposes an
unreasonable or disproportionately large load on our infrastructure or which may
jeopardize or prejudice the operation, quality or integrity of the website and
the service.
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