PREDICTORLEAGUES.COM TERMS AND CONDITIONS
IMPORTANT NOTICE: PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE YOU START
TO USE THE WEBSITE AND/OR ANY OF THE SERVICES.
BY CLICKING ON THE 'I ACCEPT' BUTTON AT THE END OF THESE TERMS YOU AGREE TO THESE
TERMS WHICH WILL BIND YOU. FURTHER, YOU WARRANT THAT YOU: (I) ARE 18 YEARS OF AGE OR
OLDER; (II) ARE LEGALLY CAPABLE OF ENTERING INTO BINDING CONTRACTS; (III) HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS.
IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST NOT CLICK THE ACCEPTANCE BUTTON AND
YOU MAY NOT USE THE SERVICES OR OUR WEBSITE.
1. WHO WE ARE
1.1 The website, which can be seen at www.PredictorLeagues.com (the "Website"), is operated and
controlled by PEM CAPITAL Limited ("PEMC ") (company registration number 09411693 ) whose
registered office is at 604 The Chandlery, 50 Westminster Bridge Road, London SE1 7QY. For the purposes hereof, “PredictorLeagues.com”, “PredictorLeagues”, “we”, “us” means PEM Capital Limited.
1.2 The Website together with any mobile, tablet or facebook or other app are collectively referred to as the 'Services'.
2. THESE TERMS & CONDITIONS AND YOUR RELATIONSHIP WITH PREDICTORLEAGUES.COM
2.1 By visiting the Website and/or by registering and/or using the Services, you agree to be, and are, bound by:
2.1.1 these PredictorLeagues.com Terms and Conditions; and
2.1.2 the PredictorLeagues.com Game Rules http://www.predictorleagues.com/page/predictor-leagues-rules which are an integral part of our Terms and Conditions
2.1.3 the Privacy Policy, Cookie Policy and Website Terms of Use; and
2.1.4 any additional rules which appear within a PedictorLeagues.com game ('Predictions Game'), including any FAQs or 'help' webpage, including instructions on how to play the Predictions Game.; and
2.1.4 all such other of our terms and conditions, rules or policies as they relate to any applicable Services (e.g. rules for a particular game.), promotions, bonuses, special offers or any other aspect of your use of the Services from time to time and are deemed to have accepted and understood all of the above.
2.2 All of the terms and conditions, rules and policies referred to in Clause 2.1 shall be collectively referred to as the "Terms of Use".
2.3 You acknowledge that as a Player, by paying the weekly Game Fee you are buying a ticket to play the weekly Predictor Leagues game, Predictor Leagues will pass on all Game Fees paid (less a small platform fee) to the football club, sports club, social club or charity who’s Predictor League you have joined.
2.4 Your use of the Services will constitute acceptance of the Terms of Use, to include any amendments thereto. If you do not agree to accept and be bound by the Terms of Use or if you do not understand the Terms of Use, please discontinue your use of the Services and the Website immediately.
3. AMENDING THE TERMS OF USE AND/OR SERVICES
3.1 PredictorLeagues.com reserves the right to amend the Terms of Use at any time, as may be required for a number of reasons including (without limitation) for commercial reasons, to comply with law or regulations, to comply with instructions, guidance or recommendations from a regulatory body, or for customer service reasons. When a player logs in to the website after a change to the Terms and Conditions has been made, they will be presented with a "pop-up" containing the new Terms and Conditions. The player will be required to accept the changes before continuing further.
3.2 PredictorLeagues.com may, in its absolute discretion, alter or amend or withdraw any features from the Services or any part thereof, at any time, and may alter prices, features, specifications, capabilities, functions and/or other characteristics of the fundraising product, and/or Services.
4. CUSTOMER PAYMENTS
4.1 PredictorLeagues.com will only accept payments from customer Debit Cards or PayPal accounts. Predictor Leagues will only make payments to user PayPal accounts. All users are required to have PayPal accounts to use Predictor Leagues.
5. PRE-CONDITIONS TO OPENING AN ACCOUNT
5.1 In order to register an account (an "Account") with us you hereby agree, warrant and represent that:
5.1.1 you are at least:
5.1.1.1 18 years of age; or
5.1.1.2 the age at which you are able to enter a binding legal contract under any law that applies to you, whichever is the greater. PredictorLeagues.com reserves the right to request proof of age documentation from any applicant or customer at any time and close the account of any person who does not provide this documentation when requested.
5.1.2 you are entirely responsible for complying (and that you comply) with your own local, national,
federal, state or other laws concerning legal contracts prior to opening an account and using the Services. In particular, if you live in a country where use of a particular service is prohibited, you must not (i) register with us for the applicable Service; (ii) attempt to use that Service.
5.1.3 you are legally capable of entering into binding contracts, including these Terms of Use;
5.1.4 you are not prohibited for any reason from using our fundraising Services; and
5.2 For legal and commercial reasons, we do not permit (to the extent within our control) Accounts to be opened by, or used by, customers resident in locations where fundraising for local sports, social clubs or charities is prohibited.
5.3 The availability of our Services does not constitute an offer, solicitation or invitation by us for the use of our Services in any jurisdictions in which such use is prohibited by law. PredictorLeagues.com shall not be liable for any breach of any local, national, federal, state or other laws that may occur as a result of your using the Services.
5.4 In the event that you are found to have breached any of the terms in Clauses 5.1,5.2 or5.3:
5.4.1 we may close your account; and
5.4.2 we may refer the matter to the police, or any other appropriate regulatory authority.
6. OPENING AN ACCOUNT
6.1 To open an Account, each customer will choose its own confidential username and password.
6.2 It is the responsibility of each customer to ensure that all personal details are current and up-to-date. You can update your personal details via the Website
6.3 One Account is permitted per customer. PredictorLeagues.com reserves the right to close down any duplicate accounts.
7. ACCOUNT SECURITY
7.1 The username and password must be kept confidential by the customer.
7.2 Please contact us as soon as is possible if you have lost or forgotten your Account details. You agree to inform us as soon as is possible (by telephone, where possible) if you believe that your Account information is being misused by a third party so that we may suspend your Account to prevent further abuse.
7.3 PredictorLeagues.com and any third parties it contracts with in relation to the provision of the Services will hold information with respect to your identity, including but not limited to your name, address and payment details, in accordance with our Privacy and Cookie Policy. Our Privacy and Cookie Policies can be seen here: https://www.predictorleagues.com/page/privacy-and-cookie-policy
We rely on this information in entering into this agreement with you. You agree to indemnify us and hold us harmless against any costs, claims, damages and expenses arising in connection with any falsehood or inaccuracy contained in the information you provide to us.
8. WEEKLY GAME FEES
8.1 You must pay the weekly Game Fee into your account to play the weekly Predictor Leagues game. Further details on how to pay the Game Fees and withdraw money to and from your Account can be found on the Website.
8.2 Customers can only pay Game Fees in Pounds Sterling GBP (GBP). League Managers can only pay out of their League Manager Accounts in GBP using PayPal.
8.3 As required by our anti-money laundering obligations PredictorLeagues.com may, acting reasonably, suspend or terminate any Account where the response to such query/queries is not in its view satisfactory and/or may pass on such information as it deems necessary to any relevant authority.
8.4 Please note that you (and not PredictorLeagues.com) are responsible for reporting or declaring any funds raised to appropriate authorities.
8.5 While we shall take all reasonable steps to avoid mistakes, outside of where we are negligent, PredictorLeagues.com cannot accept any responsibility or liability for any errors or omissions in respect of withdrawal of funds or paying Game Fees to Accounts. Should funds be debited or credited incorrectly, it is the customer's responsibility to notify PredictorLeagues.com without delay, and we shall endeavour to rectify such error.
9. COMPLAINTS AND DISPUTES
9.1 Any queries relating to a Weekly Prediction Game must be raised no later than 14 days after the Weekly Prediction Game has ended. We cannot guarantee that we will be able to respond to your query if it is not raised within this time. Any queries should first be e-mailed to us via support@predictorleagues.com
We will make every effort to resolve the matter in a mutually satisfactory manner.
10. ERRORS & SUSPECTED ERRORS
10.1 PredictorLeagues.com makes every effort to ensure that no errors are made in operating its’ Prediction Game. However, human and/or systems' error may occasionally result in errors.
10.2 PredictorLeagues.com reserves the right to correct any obvious errors.
11. CHARGE-BACKS
11.1 You hereby agree, warrant and represent that no charge-backs or other cancelation of Game Fees will be made relating to your Account without our consent. In the event of any of the foregoing occurring, you agree to indemnify us and hold us harmless against any costs, claims, damages and expenses arising in connection therewith and to refund and compensate us for any losses we would otherwise incur arising from such actions including any expenses incurred by us in the process of recovering such amounts.
12. FRAUD
12.1 PredictorLeagues.com reserves the right to seek criminal or other sanctions against you if we suspect you have engaged in fraudulent, dishonest or criminal acts and we will disclose such information to the relevant authorities or other relevant third parties (for example, payment service providers) as may be necessary in this regard.
12.2 PredictorLeagues.com reserves the right to suspend or terminate any Account it believes to be involved in fraud, money laundering and/or any other form of illegal or suspicious activities and to report such details as it reasonably considers are necessary to relevant authorities.
13. CLOSURE OF ACCOUNTS
13.1 To close your account please select the “Leave League” button on your “My Account” page when you logged in and confirm “LEAVE LEAGUE”.
13.2 We may close or suspend your Account if your Account remains inactive for a significant period.
Inactive Accounts may incur a charge to compensate PredictorLeagues.com for the costs incurred in maintaining such Inactive Accounts. But no such charges will be set off from your Account prior to our having made reasonable efforts to contact you in advance of the incurrence of such a charge. If you have any queries regarding inactive accounts, please contact customer services for further information.
13.3 We are entitled to close your Account at our discretion and without having to disclose any reasons, and where deemed necessary on written notice (or attempted notice) to you using the contact details you have provided. Any balance in your Account will be made available to you, subject to your having complied with the Terms of Use.
13.4 Your sole remedy in the event of termination of your Account by us for any reason shall be the re-imbursement of any undisputed Account balance you may then have and we shall have no further liability to you whatsoever.
14. SYSTEMS FAILURE, SERVICE INTERUPTIONS & HACKING AND OTHER OFFENCES
14.1 PredictorLeagues.com shall not be liable for any network error or you being disconnected from the Services, including but not limited to failure or disconnection of computer, telecommunications services, internet or otherwise, and the balance of your Account will at all times be as is recorded on our server.
14.2 You warrant, represent and undertake that you shall not knowingly or negligently interrupt, corrupt or exploit for any purposes not intended by PredictorLeagues.com any of the Services, including for example by:
14.2.1 attempting to gain unauthorised access to any of the Services, the servers on which the Services are hosted or any server, computer or database connected to the Services;
14.2.2 using any features which may affect the function or performance of the Services in any way for example (but not limited to) releasing viruses, worms, trojans or similar material that may be malicious or harmful;
14.2.3 interfering or tampering with, removing or otherwise altering in any way, any information in any form which is included in or on any of the Services; or
14.2.4 attacking the Services via a denial-of-service attack or any other form of attack or interference.
14.3 We reserve the right to pursue you for any loss we suffer as a result of any infringement by you of any of your obligations under this clause 14. Further, please be aware that we may share your details with law enforcement authorities in the case of any criminal, or suspected criminal, activities by you.
15. USER GENERATED CONTENT
15.1 Certain of the Services may invite or permit you to upload your own content ("User Generated Content"). PredictorLeagues.com does not exercise editorial control over, and therefore does not endorse any, User Generated Content, and we shall not be liable in relation to such User Generated Content. You understand and agree that you are solely responsible for your User Generated Content.
15.2 For any User Generated Content you provide, you hereby warrant, represent and undertake that such content:
15.2.1 is an original work created by you or you have a licence or the express consent of the owner to use the User Generated Content in that manner;
15.2.2 does not infringe any third party intellectual property rights or privacy rights anywhere in the world;
15.2.3 does not contain any defamatory or otherwise inappropriate materials or statements;
15.2.4 does not contain any form of malicious computer code (e.g. viruses, bugs, trojan horses etc.) which could disable or disrupt any of the Services;
15.2.5 complies with all applicable laws and regulations; and
15.2.6 may be used in connection with publicising and promoting PredictorLeagues.com and its Services.
15.3 Any User Generated Content you provide will be considered non-confidential and lawfully provided by you and you are automatically deemed to have granted us an irrevocable, transferable, royalty-free licence to copy, exhibit, publish, distribute or otherwise use and sub-licence that User Generated Content as we see fit, including for commercial purposes. Such uses may include in printed publications, multimedia presentations, on Website or in any other distribution media. You agree that PredictorLeagues.com may also use your name, likeness and any other biographical information contained in such User Generated Content as we see fit, including for commercial purposes. In addition, you waive any right to inspect or approve the finished product, including written copy, wherein your likeness or testimonial appears. For the avoidance of doubt, you agree that you will make no monetary or other claim against PredictorLeagues.com for its use of your User Generated Content.
15.4 You agree to indemnify and hold us and our subsidiaries, affiliates, officers, directors, agents, employees and service providers (e.g. Facebook) harmless from any liabilities, claims, losses or damages (including reasonable legal fees), however caused, that may arise as a result of or in connection with any User Generated Content.
15.5 If you have any issues with User Generated Content provided by any other customer or if you would like to discuss our use (or non-use) of your User Generated Content, please let us know by contacting us at support@predictorleagues.com. We reserve the right (but are not obliged to) to edit or remove User Generated Content.
16. YOUR PERSONAL DATA
16.1 It is your responsibility to ensure that personal information relating to you is kept up-to-date. We reserve the right to suspend or terminate your Account if we suspect this information to be inaccurate. We will process information about you in accordance with our Privacy and Cookie Policy which can be seen here: https://www.predictorleagues.com/page/privacy-and-cookie-policy
17. NO WARRANTY
17.1 The services are provided ”as is” without any express or implied warranty of any kind, and all warranties including warranties of non-infringement of intellectual property rights, and of completeness or accuracy of content are hereby excluded to the fullest extent permitted by law. Neither PredictorLeagues.com nor any of its licensors give any warranty that the supply of material content on the Website will be uninterrupted, timely, secure or error free or that the Website and the services are free of viruses or bugs and no warranties are given as to the accuracy of material or content comprising the services.
18. LIABILITY
18.1 You agree that your use of the Services is at your own risk and we accept no responsibility and shall not be liable for any consequences that are alleged to have occurred through your use, or misuse, of the Services.
18.2 If and only to the extent that clause 18.1 does not apply, the maximum liability of PredictorLeagues.com (and/or our third party service providers, to the extent relevant) to you arising out of or relating to the Services and/or the Terms of Use whether for breach of contract, tort (including negligence), or otherwise shall be limited to the average balance held in your PredictorLeagues.com Account in the previous six months (or the term of the Account in the cases of Accounts open for less than six months).
18.3 We (and/or our third party services providers, to the extent relevant) shall not be liable to you in contract, tort (including negligence), breach of statutory duty or otherwise arising for loss of profits, loss of revenue, loss of business, loss of data, loss of business information, business interruption, loss of reputation, loss of opportunity, or loss of goodwill, or for any indirect special, or consequential loss.
18.4 We are not liable for the failure of any equipment or software, wherever located or administered, or whether under our direct control or not, that may prevent the operation of our Services, or prevent you from being able to contact us. We will not be liable 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, or suspension or discontinuance of, the Services. We reserve the right to cancel or suspend the Services without incurring any liability.
18.5 We are not liable for any loss or damage that you may suffer because of any act of God, power failure, trade or labour dispute, act, failure or omission of any government or authority, obstruction or failure of telecommunication services or networks, or any other act, omission, delay or failure caused by a third party or otherwise outside of our control.
18.6 Notwithstanding the rest of the terms of this clause 18, nothing in these terms of use shall exclude or limit our liability for fraud, death or personal injury resulting from our negligence or any liability to the extent such liability cannot be excluded or limited as a matter of law.
19.
INDEMNITY
24.1 You agree to indemnify and hold us and our subsidiaries, affiliates, officers, directors, agents and employees harmless from any liabilities, claims, losses or damages (including legal fees), caused as a result of customer negligence or other fault on the part of the customer, that may arise as a result of or in connection with inappropriate or unauthorised access to and use of the Services by you or by anyone else using your username and password and/or breach by you of any of the terms and conditions of these Terms of Use.
20. INTELLECTUAL PROPERTY RIGHTS
20.1 PredictorLeagues.com is the owner or authorised user or licensee of all the intellectual property rights in the Services and their content including, without limitation, any copyright, patent, designs (registered or unregistered), trade marks, service marks, source codes, specifications, templates, graphics, logos or any right subsisting in the UK, Ireland or elsewhere in respect of content, databases, formats, interfaces, programming, the offering of services to other customers, software or any application for any of the foregoing and any modification, improvements, developments and enhancements thereof. Except as expressly provided herein, PredictorLeagues.com does not grant any express or implied right to you in any of its intellectual property rights or secret information.
20.2 All content and material on the Website or otherwise accessible via the Services is provided for your own personal (i.e. not for business) usage and the distribution, reproduction or commercial exploitation of such content and material in any manner whatsoever without our express written consent is prohibited.
20.3 For the avoidance of any doubt you may use the data available from the Website and the other Services only as strictly required for your permitted personal, non-exclusive, non-sublicenseable, non-commercial purpose of availing of the Services. Any other use and/or reproduction of the data without prior written consent of PredictorLeagues.com is prohibited and will constitute a breach of these Terms of Use. PredictorLeagues.com reserves its right to take such action as it considers necessary, including issuing legal proceedings without further notice to you, in relation to any unauthorised use of its data or of the Website or Services.
21. GENERAL
21.1 Third Party Linking
21.1.1 At PredictorLeagues.com' discretion, the Website or other Services may contain links to third party Website. These links are provided solely as a convenience to you and not as an endorsement by PredictorLeagues.com of the contents on such third party Website. PredictorLeagues.com is not responsible for the content of linked third party sites and does not make any representations regarding the content or accuracy of materials on such third party sites. Links to any service provided by a third party are not intended for trading or investing purposes and PredictorLeagues.com will accept no liability for any direct, consequential, incidental, indirect, punitive or any other losses or damages arising out of your access to and use of the information provided. If you decide to access linked third party Website, you do so at your own risk.
21.1.2 PredictorLeagues.com generally welcomes the hyper-linking to our Website from other appropriate websites provided such links are to our homepage (and no deeper within the Website) and provided PredictorLeagues.com gives its written consent to the establishment of such links. PredictorLeagues.com reserves the absolute right to refuse to consent to such links without giving reasons. Any links to the Website from another website must be presented in such a manner that the viewing of the Website is not impaired by framing or similar techniques that may impair a browser's experience.
21.1.3 PredictorLeagues.com does not permit linking from its Website or its Services to third party website or services or the display of third party content on top of, or in addition or as an alternative to, our Website or Services without our express written consent. In particular, PredictorLeagues.com expressly prohibits third parties from framing, similar techniques or other acts of impairment of a user's experience when they visit our Website or engage with our Services. To this end, and by your acceptance of these Terms of Use whether as registered member or otherwise, you hereby acknowledge that where you engage in any of the foregoing prohibited actions:
21.1.3.1 damages may not be an adequate remedy for any infringement and that we are entitled to the remedies of injunction, specific performance, an order to deliver up materials which infringe our intellectual property rights and any other statutory or equitable relief and that no proof of special damages is necessary for reliance on such remedies; and
21.1.3.2 you shall indemnify us for any liabilities, losses or damages (including reasonable legal fees), however caused, that may arise as a result of or in connection with your non-compliance with this Clause.
21.2 Transfer and Assignment
21.2.1 On occasion, we may require the ability to transfer, assign or sublicence these Terms of Use to a third party, for example (but without limitation) in the case of a merger or acquisition. You hereby consent, and we reserve the right to, transfer, assign or sub-licence these Terms of Use, in whole or in part, to any person without requiring any additional consent and without notice, provided that any such assignment will be on the same terms or terms that are no less advantageous to you.
21.2.2 You may not assign, sub-licence or otherwise transfer in any manner whatsoever any of your rights or obligations under these Terms of Use without our prior written consent.
21.3 Severability
21.3.1 If any provision of these Terms of Use is held to be invalid, void or unenforceable by reason of any law, rule, administrative order or judicial decision, that provision will be, to the extent strictly necessary, severed from the remaining terms and conditions and that determination shall not affect the validity of the remaining provisions of these Terms of Use. In the case of the severance of any terms, the part deemed invalid or unenforceable shall be amended in a manner consistent with the applicable law to reflect, as closely as possible, the original intent in these Terms of Use.
21.4 Waiver
21.4.1 Failure by PredictorLeagues.com to insist upon strict performance of any of your obligations or to exercise any of the rights or remedies to which we are entitled shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations and a waiver by us of any default shall not constitute a waiver of any subsequent default.
21.5 Notices
21.5.1 Notices and other communications delivered or mailed to the postal address or to the electronic-mail address provided by you shall, until we have received notice in writing of any different address, be deemed to have been personally delivered once sent whether actually received or not.
21.6 Interpretation
21.6.1 In the event of there being any conflict or inconsistency between the terms and conditions comprising these Terms of Use as identified in Clause 2, the order of precedence shall be as follows:
21.6.1.1 these PredictorLeagues.com Terms & Conditions; and then
21.6.1.2 the Privacy Policy, Cookie Policy and Website Terms of Use; and then finally
21.6.1.3 any additional rules which appear within a Predictions Game, including any FAQs or 'help' webpage, including instructions on how to play the Predictions Game, any other of our terms and conditions, rules or policies as they relate to promotions, bonuses, special offers or any other aspect of your use of the Services from time to time.
21.7 Entire Agreement
21.7.1 These Terms of Use and any documents referred to herein represent the entire agreement between PredictorLeagues.com and you and supersede any prior agreement, understanding or arrangement, whether oral or in writing. We each acknowledge that we have not relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations between us except as expressly stated in these Terms of Use.
22. GOVERNING LAW
22.1 These Terms of Use and/or the Services and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
22.2 Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms of Use and/or the Services or their subject matter or formation (including non-contractual disputes or claims).
23. CONTACT US
23.1 Thank you for using the Services. If you wish to contact us for any reason, please email us at
support@PredictorLeagues.com
Last updated: 21/03/2022 at 18:00 BST.