SUMMARY
This summary is intended to assist you with the terms and conditions laid out below by providing an overview of each paragraph. This Summary does not constitute binding clauses of the Terms and Conditions. Where there is conflict or inconsistency between this Summary and the Terms and Conditions set out below, the terms and conditions take precedence.
i. Introduction – Sets out your initial and ongoing agreement to these terms, who we are, and our right to make changes to the terms and conditions after informing you. It also contains links to our Privacy Policy and Cookies Policy.
ii. Access to our App and Website – Sets out how you may access and who is responsible for that. We also state our right to withdraw access at any point for a number of reasons. The section also states that you should not try to interfere with our app or website and that doing so will cause your access to be removed.
iii. Geographic Restrictions – States that we restrict the use of the App in certain locations. This includes if you are watching in the venue or in a territory not permissible by law. If you try to use a VPN or similar to avoid these geo-restrictions we set out our actions in suspending or terminating your account.
iv. Registration and Account Opening - Sets out the conditions for opening an account with us. That you are legally allowed to do so, that you are only allowed one account, that it is for personal use only and that you will not share the account.
v. In-Match Activity – How to make decisions in match, play the game, and when we consider your choice made. We also state what we do if you are found acting in bad faith (cheating). You agree that you are responsible for all decisions made on your account and you will not let anyone else play.
vi. Technical Considerations – We try to ensure our App is available but cannot guarantee it. This states what we do if our service is unavailable. You will also agree not to interfere with our software or services.
vii. Error Corrections – We set out our right to make good on any errors and how we will do this.
viii. Account Termination – States you can close your account at any time and how to go about it. It also states that we may close your account if we suspect you have broken these terms and conditions or are acting in a way that will impact our App negatively.
ix. Disputes and queries – Sets out how you can raise a complaint or query and how we will handle it. It also tells you what you can do for escalation.
xi. Data Protection – We set out how we look after your data and that we have to disclose certain information if legally required. We also state that we may take steps to make sure you are not interfering with our app.
xii. Software – To use our app we need to install software. This sets out what you can do with this software and that you will delete it if you don’t have an account.
xiii. Content – States that we are not responsible for external software or links.
xiv. Warranty – Sets out some warranties around service continuity and accuracy.
xv. Intellectual Property rights – Sets out that we own or license the content of our App unless other stated and you agree not to copy anything.
xvi. Limitations of Liability – Sets out our liabilities.
xvii. Severability – States if one clause is invalid, the remainder of the T&C’s still apply.
xviii. Waiver - If we don’t enforce a certain aspect of these T&C’s it does not invalidate any other part.
xix. Assignment and Transfer and Third Parties – You can’t transfer this to a Third Party.
xx. Legal Jurisdiction – This is bound by the laws of England and Wales.
1. INTRODUCTION
1.1. In these Terms and Conditions, the terms “we”, “us”, or “our” refers to Social Match Play Ltd. The term “Website” refers to www.jostl.app or any other website owned and managed by Social Match Play Ltd. The term App refers to JOSTL.
1.2. In these Terms and Conditions, reference to “you”, “your” or the “customer” is reference to our registered customers and any person using our Website or App.
1.3. By using our App or Website you agree to be bound by:
1.3.1. these Terms and Conditions.
1.3.2. Our Privacy Policy which sets out the terms on which we hold and process any personal data we collect from you, or that you provide to us.
1.3.3. Our Cookies Policy which sets out the information about the cookies used on our site; www.socialmatchplay.com.
1.3.4. The rules of any games included in our App.
1.4. The continued use of our APP and our Website will constitute acceptance of these Terms and Conditions.
1.5. All competitions and games played on our App and Website are subject to these Terms and Conditions.
1.6. Please read these Terms and Conditions carefully. If the Terms are not acceptable to you then please discontinue your use of our App or our Website and Services.
1.7. These terms and conditions shall be agreed between you and Social Match Play Ltd, a company registered in the United Kingdom with company number 13214287 and whose registered office is 8b Brownlow Road, London, N11 2DE.
1.8. We recommend that you print these Terms and Conditions and store them in a secure location along with all confirmation e-mails, transaction data and payment methods pertaining to your use of our Website and App.
1.9. We reserve the right to make changes to these Terms and Conditions at any time. Where we make material changes to these Terms and Conditions, or one of our policies listed in 1.3, we will notify you of these changes by an appropriate method and obtain your agreement of them. Continued use of our App, Website or Services is on the basis of these new Terms and Conditions. If you do not agree to any changes made to these Terms and Conditions please discontinue your use of our App, Website or Services.
2. ACCESS TO OUR APP AND WEBSITE
2.1. Access to our App and Website is on a temporary basis, and we reserve the right to limit, amend, suspend or withdraw access to any aspect of our App or Website at any time and without notice.
2.2. We may suspend access to parts of, or all of our App or Website for maintenance purposes. We will not be liable if, for any reason, our App or Website is unavailable for any time or for any period.
2.3. The use of our App or Website if for personal use only. Commercial use of any form is not allowed, including but not limited to, reproducing or altering any part of it in any form without our express consent, including creating links to it.
2.4. You shall not use our App or Website for any purpose likely to be considered unlawful, abusive, discriminatory or which could cause offence.
2.5. You shall not attempt to gain unauthorised access to our App, Website or servers. You shall not misuse our App or Website by introducing software or material malicious or technologically harmful such as, but not limited to, viruses, trojans, worms or logic bombs.
2.6. You are solely responsible for arranging your access to our App and Website. We are not liable for any losses caused to you due to connection issues arising from your internet or service providers.
2.7. You are solely responsible for ensuring your hardware or software used to access our App or Website is compatible with our App or Website. We cannot guarantee the compatibility of any hardware nor be held liable for losses arising from hardware or software failures.
2.8. Issues relating to App or Website access should be reported to our Customer Support Team, details of which are found under the Customer Support Section.
3. GEOGRAPHIC RESTRICTIONS
3.1. The use of our App in the same venue as the sporting event is not allowed. We have implemented restrictions in our App to prevent gameplay when in these locations.
3.2. The use of a VPN or any technology to circumvent these geographic restrictions is strictly forbidden. Where we detect the use of VPN or similar technology we reserve the right to suspend or terminate your account. Where an account is suspended in such a manner all matches played whilst using a VPN or similar technology will have their results cancelled and all winnings will be forfeit.
3.3. The availability of our Website does not constitute an offer, solicitation or invitation by us for any such services in any jurisdiction where these activities are prohibited by law. We accept no liability for any breach of any law that may occur from your use of our Website or App.
4. REGISTRATION AND ACCOUNT OPENING
4.1. By registering and opening an account with us you confirm that you:
4.1.1. You have not been excluded by us previously or had an account closed by us.
4.1.2. You are a resident of a territory where our services are permitted.
4.1.3. You understand that activity is only valid when accepted in accordance with the applicable rules of the game and confirmed by us.
4.1.4. You will not use funds originating from criminal and/or unauthorised activities.
4.1.5. You are not affiliated to any professional organisation, sporting or otherwise, that prohibits the use of our Services.
4.1.6. You are not using the App for commercial gain.
4.2. It is your responsibility to ensure that all information provided to us is true and accurate and kept up to date. Any information you provide to us relating to your contact details are used to ensure you are able to receive important account information and notifications. These contact details may be updated as required from within the App.
4.3. You may only begin using our services once all identification checks have been successfully completed.
4.4. You may only open one account. Should we identify any user with more than one account we reserve the right to close any and all accounts.
4.5. When opening an account you are required to create a username and password. You are responsible for keeping these details private. You are responsible for all activity on your account whether authorised by you or not. If you lose or forget your account details, or if you believe that there a third party has access to your account, you should contact us immediately so that new security details can be issued. These details will be issued using your registered contact details.
4.6. You 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.
4.7. Where we suspect you of allowing others to use your account, or of you using someone else’s account, to access our App we may suspend or terminate your account.
4.8. We may place restrictions on your account in order to comply with legal and regulatory obligations. These restrictions may affect your use of the account. We shall not be held responsible if any restrictions to your account affect your ability to use our App.
5. IN-MATCH ACTIVITY
5.1. Activity within a match involves earning points by correctly making predictions on questions posed by us and based on the corresponding live match activity. No prediction is accepted by us until we have confirmed this to you via the in-App notification process.
5.2. The potential points available for any choice are shown live on active questions. The points vary over the course of a questions life based on the popularity of that choice in comparison to the other choices. When you confirm your prediction you will be locked-in at the current points value regardless of any future change in points.
5.3. Please ensure that all predictions are correct before confirming your choice. Once you make a prediction, you cannot cancel the prediction for any reason.
5.4. If you are unclear on the meaning of any terminology used within the App, the mechanics behind our points calculation, or general gameplay, please refer to the information tabs available for each question, try the tutorial, or see the “Game Overview” section of our Website.
5.5. All in-match activity must be played in person using our App. We strictly forbid the use of any third party software. We reserve the right to void any match where we suspect the use of third party software is used and any entry fee will be forfeit. We may suspend your account pending investigation.
5.6. We provide our services in good faith. By entering into matches and conducting in-match activity you agree not to use unfair external factors or influence (i.e. cheating) or to use our services in bad faith by taking unfair advantage of exploiting an aspect of our App. This includes, but is not limited to, loopholes, bugs, glitches, or other technical vulnerabilities. We reserve the right to suspend your account pending investigation where we suspect activity conducted in bad faith.
5.7. The conditions for determining winners of each match can be found in the information tab in the Match lobby screen. Further information can be found on our website in the “Game Overview” section.
5.8. We strive to ensure any prizes resulting from your successful participation in a match will be credited to your account within 24 hours of the successful completion of the match. Where you believe a prize is due which has not been delivered, please reach out to our customer support team.
6. TECHNICAL CONSIDERATIONS
6.1. We cannot be held responsible for any activity not being completed for any reason or for you being disconnected from our Website or App, including but not limited to computer malfunctions and failure of telecommunications services, internet connections.
6.2. We strive to ensure consistent delivery of our services, however, there may be times where our services are impacted by issues such as, but not limited to, system failures, game errors, bugs, glitches, viruses (including malware), or other hardware or software errors 5 (“Errors”). Where possible we will seek to minimise the impact of the Error and continue with a match, placing you in the position you were in prior to the Error. Where this is not possible, we may void the match and return you to the same state prior to the match.
6.3. You must not misuse our App or Website by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. In particular, you must not:
6.3.1. attempt to gain unauthorised access to our Website or App; or
6.3.2.interfere with, damage or disrupt:
6.3.2.1. our App or Website or any part of it; or
6.3.2.2. any equipment or network on which our App or Website is stored; or
6.3.2.3. any software used in connection with the provision of our App or Website; or
6.3.2.4. any equipment, software, or website owned or used by a third party
6.3.3. You must not attack our Website via a denial-of-service attack or distributed denial-of service attack.
6.4. By breaching any of these provisions in clause 8.3, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website and Services will cease immediately.
7. ERROR CORRECTIONS
7.1. In the event we make any error within any aspect of our app, whether human, technical or otherwise, we reserve the right to declare any result void and withhold any prizes.
7.2. Where an error has occurred, we maintain the right to adjust your account to reflect the true outcome. You shall be informed of any changes made in this manner.
7.3. Where you have used funds credited to your account as a result of an error to enter subsequent matches, we may cancel such bets and withhold any winnings made with such funds. If such funds have been paid out to you, such amounts shall be deemed to be held by you on trust for us and shall be immediately repaid to us when a demand for payment is made by us to you.
8. ACCOUNT TERMINATION
8.1. You are entitled to close your account with us at any time, by using the “My Account” section of the App, the Website, or by contacting us through Customer Services.
8.2. We reserve the right, at any time, to close or suspend your account for any reason, including but not limited to:
8.2.1. You breach any of the terms and conditions;
8.2.2. We suspect you of committing any prohibited practice;
8.2.3.It is our reasonable opinion that your continued use of our services may damage our status with any regulator or authority; and/or
8.3. In the event you do not use your account to carry out any match activity for a period of 12 consecutive months, your account will be deemed dormant (“Dormant Account”).
8.4. We shall notify you upon your account becoming dormant in writing.
8.5. You can reactivate a dormant account at any time by entering any match within the App, paid or otherwise.
8.6. We reserve the right to close any account which is dormant for a period of 12 consecutive months.
8.7. Upon termination of your account, you agree that your rights to use the App shall be terminated immediately. You agree to remove all copies of the App provided to you.
9. DISPUTES AND QUERIES
9.1. If you are unsatisfied with any aspect of our App or services and wish to make a complaint or query you should contact out Customer Support Team in the first instance. Details on how to contact us can be found on our website under the “Contact Us” website.
9.2. We strive to ensure that your complaint or query is handled in a fair, open, timely and transparent manner. We aim to resolve all complaints and queries within 8 weeks, provided you cooperate with us in a timely manner.
9.3. If you are unsatisfied with the response provided by our Customer Support Team and your complaint or query is not resolved then you can request that your complaint or query be escalated to a supervisor who will review your complaint or query. This can be done by responding to the initial resolution as provided by our Customer Support Team.
9.4. A final review can be requested from our Head of Customer Services if you are still unsatisfied with the resolution provided by a supervisor. All issues shall be considered final once reviewed and resolved by our Head of Customer Support.
9.5. All communications with our Customer Support Team and subsequent escalations will be recorded and held in a case file to assist us with the quick and effective resolution of queries.
10. IN-APP CHAT
10.1. We offer you the ability to use the App to talk to other users. Where you engage in chat with other users or us you agree that you will:
10.1.1. Comply with all local laws and regulations.
10.1.2. Be accurate when stating facts.
10.1.3. Be a genuinely held, where stating an opinion.
10.2. Where you engage in chat with other users or us you agree that you will not:
10.2.1. Promote discrimination based on race, religion, sex, sexual orientation, age, nationality, or disability.
10.2.2. Advocate, promote, incite any party to commit, or assist any unlawful or criminal act.
10.2.3. Be offensive, obscene, hateful, or inflammatory.
10.2.4. Promote violence.
10.2.5. Promote sexually explicit material.
10.2.6. Promote any illegal activity.
10.2.7. Be defamatory towards any individual.
10.2.8. Be threatening, abusive, or invade another’s privacy.
10.2.9. Cause annoyance, inconvenience, or needless anxiety.
10.2.10. Be likely to harass, upset, embarrass, alarm, or annoy any other person.
10.2.11. Engage in an activity likely to deceive any person.
10.2.12. Impersonate any person or organisation, or misrepresent your identity or affiliation with any person.
10.2.13. Impersonate or give the impression that you represent or the message originates from ourselves.
10.2.14. Infringe on any copyright, trade mark or other rights of any other person.
10.2.15. Breach any legal duty owed to a third party.
10.2.16. Solicit business, or advertise or promote any services or web links to other sites/Apps.
10.2.17. Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, 7 published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
10.3. We actively screen for any possible risks to users from third parties whilst in the chat functions of the App. We will decide if there is a need for moderation of these chats in light of these risks. However, we are under no obligation to oversee, monitor, or moderate any interactive functions we may provide on our App.
10.4. We exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
10.5. All concerns or queries relating to chat use should be raised in line with section 11. Complaints and Queries.
10.6. Where we consider that you have breached any of the rules in section 12.2 we may take action on you including, but not limited to, warnings, suspensions, termination of account, or legal proceedings against you for any damages.
11. DATA PROTECTION
11.1. We process information about you in accordance with our Privacy Policy. Our Privacy Policy forms part of these Terms of Use and contains details on the types of information we collect and what we do with that information.
11.2. We are required, when requested to in an official manner, to share the information we hold on you, which includes personal data and betting 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.
11.3. In order to ensure no third-party software in being used which interferes with our App, Our software may perform any or all of the following functions in order to detect the use of illicit automated programs or altered files and ensure that we maintain a ‘cheat free’ environment for all users: (1) scan your list of active software applications while you are using the Services; (2) scan your list of active processes while you are using the Services; and (3) scan the files in your Services and site-related program folders to ensure that only ‘non-hacked’ versions of our software are being used. If any of the foregoing processes reveals a suspect application or process, Our software may scan the files associated with the suspect application or process and compile a composite mesh (i.e., a profile that characterizes the files associated with the application or process) to be matched against profiles for known illicit automated programs.
11.4. In our efforts to detect illicit automated programs or altered files our software will not perform any random search of large portions of Your hard drive, equipment, or files, and it will not transmit any information to Us or to any third party other than the information necessary to identify the use of illicit automated programs. our software will not alter any files or information on Your computer or other equipment and will not interfere with the operation of any of your applications.
12. SOFTWARE.
12.1. Our Services require you to download and install our App to your device. Our App is available through the Apple store or the Google Play Store depending on your devices’ Operating System.
12.2. Our App will involve placing files and installation software on your device. It is your responsibility to store the software in accordance with the exact nature and set-up of your individual device. We shall not be responsible for incorrect storage of the software in 8 files/folders where it may interfere with the start-up, running, or third party software procedures of your device.
12.3. You shall not:
12.3.1. interfere with, modify or reverse engineer any software provided to you by us and/or any third party, except as permitted by law; or
12.3.2. copy or use any software, without our or the third-party software provider’s written consent.
12.4. Any material downloaded or otherwise obtained through the use of our App or Website is done at your own discretion and risk.
12.5. 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.
13. CONTENT
13.1. We do not accept any liability in respect of any third-party feeds, commentaries, or content.
13.2. Where our App or 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 through such use.
13.3. The inclusion of a link to a third-party website does not constitute an endorsement of that third party’s website, product, or services (if applicable).
13.4. We reserve the right to terminate any link or linking program at any time.
14. WARRANTY
14.1. We will endeavour to provide our App and Website using our reasonable skill and care. We make no further warranty or representation, whether express or implied, in relation to our App or 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.
14.2. We make no warranty that our App or Website will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the App or 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 App or Website.
14.3. In the event of systems or communications errors relating to prediction confirmation or other elements of the prediction services, we will not be liable to you as a result of any such errors and we reserve the right to void all games on the matches in question.
14.4. In rare circumstances, a game may display an incorrect outcome that may include, but is not limited to: an incorrect result; an incorrect points amount; an incorrect win; a graphics error affecting the symbols, characters, numbers, or any other. In the event of a dispute, the result recorded on the game server will stand as the correct outcome. Nothing in this clause shall affect our rights as set out in section 9. Error Corrections.
15. INTELLECTUAL PROPERTY RIGHTS
15.1. We are the owner or the licensee of all intellectual property rights in our App and Website, software and content available through them, and all published material contained therein. These works are protected by copyright laws and treaties around the world. All such rights are reserved.
15.2. You must not modify any materials acquired from our App or Website by you in any way. You must not use any illustrations, photographs, video, or any graphics separately from any accompanying text.
15.3. You are permitted to use any material and content only as expressly authorised by us or our licensors.
15.4. All material and content contained within our Website are made available for non-commercial use only. You may only download such material and content for your own personal use.
15.5. You must not copy, reproduce, transmit, publish, display, distribute, commercially exploit, tamper with or create derivative works of any material contained in our App or Website.
16. LIMITATIONS OF LIABILITY
16.1. You agree that your use of our App, Website, or Services are at your sole risk.
16.2. We only provide our App, Website and Services for personal use. You agree not to use our Website or Services for any commercial or business purposes, and we have no liability to you for any loss of profit, or loss of business, or business interruption, or loss of business opportunity or any indirect loss you may have suffered.
16.3. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
16.4. we shall not be liable to you or any third party for any modification to, suspension of or discontinuance of the App or Website.
16.5. 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.
17. SEVERABILITY
17.1. If any provision or part-provision of these Terms is or becomes invalid, illegal, or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of these Terms.
17.2. In such cases, the part deemed invalid or unenforceable shall be amended in a manner consistent with the applicable law to reflect, as closely as possible, our original intent.
18. WAIVER
18.1. No failure or delay by us in exercising any right under these Terms of Use shall operate as a waiver of this right. Similarly, any single or partial exercise of any right shall not preclude any further exercise of any of these rights or the exercise of any other right.
19. ASSIGNMENT AND TRANSFER AND THIRD PARTIES
19.1. You may not assign, transfer, charge or otherwise deal in your rights and/or obligations under the Terms of Use without our prior written consent.
19.2. Unless expressly stated, nothing in the Terms of Use shall create or confer any rights or any other benefits whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise in favour of any person other than you and us.
20. LEGAL JURISDICTION
20.1. These Terms of Use shall be governed by and interpreted in accordance with the laws of England and Wales and you irrevocably submit to the non-exclusive jurisdiction of the courts of England and Wales in relation to any dispute in relation to the Terms of Use.
