Terms and Conditions

Website Terms and Conditions for Battleriff Gaming AB “BG”

Last updated: 2017-11-06

Battleriff Gaming AB , Sisjö Kullegata 8, SE-421 32 Västra Frölunda, SWEDEN
SE. Reg Nr 556967–6082

1. Introduction

1.1. Please read these Terms and Conditions carefully before you start to use any section of the Website. By using any section of the Website or by opening an account you agree to be bound by the, from time to time applicable, Terms and Conditions as stated below, hereinafter referred to as “Terms of Use”.

1.2. You acknowledge that there is a risk of losing money when making challenges through the Website and you are fully responsible for any such loss.

1.3. The payment of money as a stake for a challenge you have made towards another account holder is hereinafter referred to as a “challenge”.

2. Parties

2.1. The Terms of Use shall be agreed between you and BG.

3. Changing the Terms of Use

3.1. We reserve the right to make changes to the Terms of Use at any time.

4. Access to and use of the Website

4.1. Access to our Website is permitted on a temporary basis, and we reserve the right to withdraw, suspend or amend any aspect or feature of the Website without notice. If the need arises, we may suspend access to parts of our Website or the entire Website for maintenance purposes. We will not be liable if, for any reason, our Website is unavailable at any time or for any period.

4.2. We may, in our absolute discretion, change the content of our Website at any time (provided such changes do not affect games and/or challenges already in progress).

4.3. You shall use the Website for your own personal and non-commercial use 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.

4.4. You shall not use the Website 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.

4.5. You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Website.

4.6. You are solely responsible for making all arrangements necessary for you to have access to the Website. We will not be liable for any losses caused to you by the internet or any telecommunications service provider which you have engaged in order to access the Website.

4.7. We cannot guarantee that our Website will be compatible with any hardware or software that may be used by visitors to the Website.

4.8. If you want to report an error or have any questions, please contact BG´s support.

5. Account requirements

5.1. By opening an account with us and/or by using the Website for playing you warrant that you: are at least 18 years of age and above the legal age for making challenges with real money in the jurisdiction where you are a resident; are legally capable of entering into binding contracts; have not excluded yourself from gambling and neither we nor any other operator has excluded you from gambling; are a resident in an area that permits challenges for real money.

5.2. It is a condition of our acceptance of challenges from you or your placing challenges and by offering to place challenges with us you warrant that where the challenge is placed on the outcome of a challenge or other event or process or on the likelihood of anything occurring or not occurring, you do not know the outcome of the event.

5.3. You are only allowed to open one account – multiple accounts are forbidden. You warrant that you only have opened one account with Battleriff.

5.4. In the event we discover you are under 18 or the legal age for gambling in the jurisdiction you are resident your stake will be returned to you and we shall not be obliged to pay any winnings which might otherwise have been payable in respect of the challenge.

5.5. In the event of any of the other warranties set out in clause 5.1, 5.2 or 5.3 proving to be false your stake will be forfeit and we shall not be obliged to pay any winnings which might otherwise have been payable in respect of the challenge. We may also report the matter to the police, parents and the appropriate regulatory authority.

5.6. We may need to verify your age and to do so we will forward your name, address and date of birth to a third party to electronically verify these details.

5.7. If we are unable to verify your age we may restrict you from withdrawing funds from your account and/or prevent access to sections or the entire Website.

5.8 You warrant that you are not subject to backup withholding tax because: (a) you are exempt from backup withholding, or (b) you have not been notified by the Internal Revenue Service (IRS) that you are subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified you that you are no longer subject to backup withholding.

6. Restricted Territories

6.1. We have restrictions in regards to opening accounts and taking challenges from residents in certain territories.

6.2. We reserve the right to request proof of residence from you if you wish to use credits cards issued in restricted territories to pay for transactions. It is your responsibility to comply with your own local, national or state laws that relate to gambling prior to registering with us.

6.3. No winnings shall be paid to you in respect of any products or services used whilst you are located within any jurisdictions where money challenges is not permitted.

6.4 US citizens are not allowed to participate in fee-based tournaments for prizes in the following states, without limitation: Alaska, Arizona, Delaware, Iowa, Maryland, Tennessee, Vermont. The foregoing list shall not be construed to imply or suggest that Your participation in Skill Challenges from an unlisted state or jurisdiction is legal under any applicable laws or regulations.

7. Opening and Maintaining your Account

7.1. You must ensure that the details provided when opening an account (including but not limited to address, telephone number and email address) are accurate and kept up to date. You can access and amend your own individual account information by the Website.

7.2. When opening an account you are requested to choose your own username and password. You should ensure that these details are kept private, as you are responsible for all challenges placed on your account, where the correct security information has been provided.

7.3. If another person accesses your account you are solely responsible for all their actions whether or not their access was authorized by you and you hereby indemnify us and hold us harmless against all costs, claims, expenses and damages arising in connection with the use of or access to your account by any third party.

7.4. You can only challenge up to the amount available in your account. We reserve the right to change the forms of payment (for example, debit and credit cards) that we may accept from time to time. Interest is not paid on monies held in your account.

7.5. Inactive accounts:

7.5.1 An “Inactive Account" is a Battleriff account which has no record of any log-in and/or log-out for a period exceeding twelve (12) consecutive months.

7.5.2 Battleriff reserves the right to charge a monthly administrative fee for Inactive Accounts. The monthly fee for Battleriff Accounts held in euros is set at EUR 2. The administrative fee will be charged and deducted from the Inactive Account at the beginning of the month following the month in which the Battleriff Account became inactive.

7.5.3 Battleriff reserves the right to close the Inactive Account once the account reaches zero balance. All Account Holders whose Battleriff Accounts remain inactive for 12 months will be notified within 30 days prior to any fees being charged to their Battleriff Accounts. The Account Holders may therefore reactivate their Battleriff Accounts by logging in/logging out or withdrawing their funds within the 30 days’ time window without incurring any fees. Should any Account Holder reactivate their Battleriff Account within three months, they will be refunded any inactivity fees.

7.5.4 Battleriff reserves the right to keep the balance on an Inactive Account. If: a) no transactions have been recorded on a Battleriff Account for a period of 30 consecutive months; and b) Battleriff has made reasonable efforts to contact the Account Holder of the Inactive Account but the Account Holder could not be satisfactorily located or the required payment instructions were not available.

7.6. Bonuses and Bounties:

7.6.1 Bonuses and Bounties are distributed for specific marketing purposes and can be only used under the time applied to such Bonuses or Bounties or subject to such other conditions that may be connected to the payment of Bonuses or Bounties. If not used within the stated time or as otherwise set out BG has the right to forfeit the Bonus or Bounty.

7.6.2 Where there is a reasonable suspicion that an Account Holder has committed, or attempted to commit abuse of Bonuses or Bounties, either on their own or as part of a group, BG reserves the right to; a) forfeit the Bonus or Bounty allocated to the Account Holder and any winnings from that Bonus or Bounty, and/or b) revoke, deny, or withdraw a bonus or bounty offer from the Account Holder, and/or c) block an access to particular products, and/or d) exclude the Account Holder from any future promotional offers, and/or e) terminate the Account Holder’s account with immediate effect.

8. Depositing and Withdrawing Funds

8.1. Transfer costs, bank charges or the like for depositing money and or withdrawing money into or from your account will be charged to your account and deducted from outgoing payments.

8.2. Your account should not be used as a banking facility and deposits should only be made with a view to using funds to place challenges. Should you make repeated deposits and withdrawals without commensurate challenges being placed, we reserve the right to pass on to your accounts, without prior notice, any bank charges we have incurred before closing the account.

8.3. Account facilities are provided to you solely to enable you to place challenges or participate in challenges. If you, for whatever reason, appear to be depositing or withdrawing money without genuine play, you will be liable to have your account suspended and the circumstances investigated. This may result in a report to the necessary authorities (see our responsibilities under the anti-money laundering regulations) or the account being closed.

8.4. We, in our absolute discretion and without giving reason, reserve the right to refuse to accept any type of payment presented to us irrespective of whether we have previously accepted such payment type from you or would usually accept that payment type from any customer.

9. Payment of Winnings

9.1. Wins on challenges placed will be added to your current deposit balance once the challenge has been settled. This balance will remain in your account unless you submit a request that part, or all, of the outstanding balance is returned to you. If your balance is zero, you will be required to transfer more funds before you can place any challenges.

9.2. For all the above methods if you wish to withdraw more than €500 per day you should contact our customer support.

9.3. You are responsible for reporting your winnings and losses if such reporting is required by your local law or tax or other authorities.

9.4 Please observe that most games handled through the BG platform are so called “Skill Games”. Under many jurisdictions, as for example in Sweden, wins that origin from Skill Games are regarded as a taxable income. It is your own responsibility to obey to any such tax regulations and BG reserves the right to claim indemnification for any costs implied on BG because you have not complied with the applicable tax regulations.

10. Placing a Challenge

10.1. You must exercise your own judgment in choosing to place a challenge. You acknowledge that, in placing your challenge or making an offer, you are not relying on any statement of any of our employees relating to the subject matter of the challenge. We reserve the right to refuse part or all of a challenge.

10.2. You agree to fulfil any payment obligations on you set out in these terms and conditions in accordance with the Terms of Use. You agree you are solely responsible for any challenges placed on your account with us.

10.3. Once you have placed your challenge and you have received confirmation that your challenge has been accepted, it is too late to cancel the challenge (unless we, in our absolute discretion, provide permission to cancel or change the challenge).

10.4. When challenging, you will know that your challenge has been processed when after clicking OK to process your challenge, your challenge slip reappears with confirmation that your challenge has been placed.

10.5. It is your responsibility to ensure that the details of any transaction which you place are correct.

10.6. Challenges placed by credit card or debit card do not become valid until we have received payment. If payment has not been received before the event commences, then that challenge is automatically void.

11. Account Correction

11.1. Where, in respect of any Product or an event within a Product, we make an error (whether human or otherwise), we will be entitled to declare the transaction void and withhold any payments. If we wrongly pay an amount to you or we pay you more than the amount to which you are properly entitled you agree to repay to us immediately upon request from us the amount which has been wrongly paid or overpaid to you. We have the authority to adjust your account to reflect the true outcome and rectify the error. An example of such an error might be where a challenge is incorrect, a challenge is late, a failure occurs in one of our systems or where we enter a result of an event incorrectly.

12. Termination of Account

12.1. We reserve the right to close your account at any time.

12.2. You may close your account at any time. You should indicate your desire to close your account in writing, via e-mail, fax or letter (using our Contact section of the Website). In this case, you shall be sent any balance remaining in your account by a method of payment determined by us. Should you have placed challenges, the outcome of which is as yet unknown, and which subsequently win, the corresponding sums shall be sent later when the challenge is completed.

12.3. If you do not use your account to carry out any challenging activity for a period of 12 consecutive months, such account shall be deemed to be inactive (“Inactive Account”).

12.4. We reserve the right to close any Inactive Account whose balance has been reduced to zero for a consecutive period of 6 months.

13. Consequences of Termination

13.1. You agree that we shall not be liable to you for any termination of your account or your use of the Website.

13.2. Your sole remedy in the event of termination of your account shall be the re-imbursement of any undisputed account balance you may then have and we shall have no further liability to you whatsoever. Should you have placed challenges, the outcome of which is as yet unknown, and which subsequently win, the corresponding sums shall be sent later when the challenge is completed.

13.3. Upon termination of your account, you agree and acknowledge that your rights to use the Website shall immediately terminate and you will remove any software provided to you or downloaded from the Website.

14. Information we collect about you

14.1. It is your responsibility to ensure that your personal account details and personal information is kept up to date. We reserve the right to suspend or terminate your account if this information, which includes your username and security questions, is deemed to be offensive or inappropriate.

14.2. We are entitled to share the information we hold on you which includes personal data and challenging history with the regulator, sporting bodies and other bodies, including the police, in order to investigate fraud, money laundering or sports integrity issues and to comply with our regulatory duties.

15. No Warranty

15.1. We will endeavour to provide the Website using our reasonable skill and care. We make no further warranty or representation, whether express or implied, in relation to the Website. All implied warranties or conditions of satisfactory quality, fitness for purpose, completeness or accuracy are hereby excluded to the fullest extent permitted by law.

15.2. We make no warranty that the Website will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials or as to results or the accuracy of any information obtained by you through the Website.

15.3. In the event of systems or communications errors relating to the generation of random numbers, challenge settlement or other elements of the challenging product, we will not be liable to you as a result of any such errors and we reserve the right to void all challenges on the draws in question.

15.4. In rare circumstances the result displayed within a challenge may be incorrect. In the event of a dispute, the result recorded on the game server will stand as the correct outcome.

16. Intellectual Property Rights

16.1. You acknowledge and agree that all intellectual property rights in our Website, its contents (including any software) and in the content published on it shall remain at all times vested in us or our licensors. These intellectual property rights include, without limitation, copyright, trademarks, the underlying software, the design, graphics, layout, look and feel and structure of our Website, database rights, design rights, domain names and rights to goodwill and/or to sue for passing off. You are permitted to use this material and content only as expressly authorized by us or our licensors.

16.2. You acknowledge and agree that the material and content contained within our Website is made available for your personal non-commercial use only and that you may only download such material and content onto only one computer hard drive for such purpose. Any other use of such material and content is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit, tamper with or create derivative works of such material and content.

17. Downloads

17.1. Any material downloaded or otherwise obtained through the use of our Website is done at your own discretion and risk.

17.2. You will be solely responsible for any damage to your computer system or for any loss of data that results from the download of any such material.

18. Links from our website

18.1. Where our Website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of these sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them or their use of any information they may acquire about you (including personal data).

18.2. A link from our Website does not constitute an endorsement by us of the use of that link, the company or organization behind that link or the contents of the website reached using that link.

19. IT Failures

19.1. We cannot be held responsible for a challenge not being placed or a challenge not being matched for any reason or you being disconnected from the Website, including but not limited to computer malfunctions and failure of telecommunications services or internet connections. The balance of your account will at all times be as is recorded on our server.

19.2. The balance on the server when logging on to our Website, after you have been disconnected, will reflect the balance after completion of the last challenge prior to the disconnection.

19.3. By placing any further challenges or offers on our Website, you accept the results of any previous challenge. As such (at our discretion) the results of the previous challenge are no longer in dispute and no refund or other adjustments will be granted. If you feel the results of any of the games is unfair or incorrect, you should contact us immediately and report the incident.

20. Breach of the Terms of Use

20.1. You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents, suppliers, harmless immediately on demand, from and against all claims, liabilities, damages, losses, costs and expenses including legal fees, arising out of any breach of the Terms of Use by you or any other liabilities arising out of your access and use of the Website (or by anyone else using your username and password).

21. Limitation of Liability

21.1. You agree that your use of the Website is at your sole risk.

21.2. Our maximum liability to you arising out of the Terms of Use, whether for breach of contract, tort (including negligence), or otherwise will be limited to: the amount of the challenge relevant to the which the liability in question has arisen; and where monies paid by you into your account have been misplaced by us, the return of the same amount into your account.

21.3. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website and you confirm that we shall not be liable to you or any third party for any modification to, suspension of or discontinuance of the Website.

21.4. We will not be liable for any breach of the Terms of Use if such a breach is caused by a matter beyond our reasonable control, including acts of God, internet failures, computer equipment failures, telecommunication equipment or other equipment failures, electrical power failures, fire, lightning, explosion, war, flood, industrial disputes, sabotage, severe weather, or acts of local or central Government or other competent authorities.

22. Fraud

22.1. We reserve the right to seek criminal and contractual sanctions against you if you are involved in fraud, money laundering, dishonest or criminal acts and will make such reports as necessary to the authorities. We reserve the right to withhold payment to you where you are suspected of engaging in fraudulent, dishonest or criminal activities.

22.2. You shall indemnify and shall be liable to pay us, on demand, all costs, charges or losses sustained or incurred by us (including any direct, indirect or consequential losses, loss of profit and loss of reputation) arising directly or indirectly from your fraud, dishonesty or criminal actions.

23. Disputes

23.1. If you wish to make a query or complaint regarding the Website, as a first step you should as soon as reasonably practicable contact our Customer Support Team.

23.2. If, having spoken to a member of the ‘Customer Support Team’, your query or complaint is not resolved, you can ask for the query/complaint to be transferred to a manager or supervisor. Our manager/supervisor will look into your query/complaint in more detail and contact you back with a resolution within 48 hours. You will be given the name and status of the person who your query/complaint has been referred to.

23.3. If you are still unhappy with the solution offered by us, then the query/complaint shall be determined by Independent Betting Adjudication Service “IBAS” (http://www.ibas-uk.com/ibas_help.php) whose ruling shall be binding. IBAS rule on complaints about challenge transactions but do not deal with service related problems. You and BG hereby agree to comply with the rules and conditions of IBAS.

23.4. If you issue Court proceedings, we reserve the right to apply to stay those proceedings pending determination by the ICAS.

23.5. If you fail or refuse to follow the ruling of the ICAS, you will reimburse all resulting expenses (including Court fees) incurred by us.

24. Withholding payment and our right to offset liability

24.1. We reserve the right to withhold payment and to declare challenges on an event void if we have evidence that the following has occurred:

  • the integrity of the event has been called into question;
  • the game has been manipulated;
  • matchrigging has taken place;
  • you were under 18 years of age when you placed the challenge;
  • you were in a jurisdiction (or a resident of a jurisdiction) that renders the provision of our products or services to you or your use of them illegal when you placed the challenge;
  • you breach clause 5.2; or
  • we have not been able to verify your identity and address.

At any point of the withdrawal process or at any potentially suspicious activity you may be requested to provide us with additional documentation proving your identity and address to our satisfaction, failing which we may suspend or close your account immediately.

24.2. Evidence of the above may be based on the size, volume or pattern of challenges placed with us. A decision given by the relevant publisher of the game in question (if any) will be conclusive.

24.3. If you owe any money to us for any reason, we have the right to take that into account before making any payments to you or permitting you to withdraw any funds from your account.

25. Law and Jurisdiction

25.1. If you are challenging with BG the Terms of Use shall be governed by and interpreted in accordance with the laws of Sweden and you irrevocably submit to the exclusive jurisdiction of the courts of Sweden.