KIGGIT – TERMS AND CONDITIONS OF USE OF SERVICES
In these terms and conditions (the “Terms”):
“Kiggit ApS”, “we”, “us” and/or “our” means Kiggit ApS, a company registered in Denmark under company number 35417478 and with our registered office at Carl Jacobsens Vej 16, Entrance 16, 2500 Valby, Denmark.
“User”, “you” and/or “your” means any person who uses the services available via the App (as defined in section 1.1 below).
- 1.1 We operate the Kiggit mobile app available on iOS, Android and as a web app (the “App”).
- 1.3 Please read these Terms carefully and make sure that you understand them before you start to use the Services. We recommend that you print a copy of these Terms for future reference.
- 1.4 By using the App you confirm that you accept these Terms and that you agree to comply with them.
- 1.5 We may revise these Terms at any time. You should check this page from time to time to take note of any changes we make, as they are binding on you from the date that we make them.
- 1.6 These Terms are only available in the English language.
2. Defined Terms and Interpretation
2.1 In these Terms:
- 2.1.1 “Bet” means a bet on a Contest that you place through the App;
- 2.1.2 “Contest” means either a public (created by our staff) or private (created by a user) contest, whereby you place a Bet on a particular occurrence in a Match (such as outright winner, first goal scorer, correct score, etc), in accordance with the relevant Rules;
- 2.1.3 “Customer Account” means a customer account that has been opened by you through the App in order to use the Services and is identified by way of an allocated account number generated by us;
- 2.1.4 “Games Lobby” means the section of the App through which registered users can join or create Contests;
- 2.1.5 “Match” means a professional football match played in any of the leagues listed on the App (as updated from time to time);
- 2.1.6 “Rules” means the rules that apply to the Contest in question (including the amount required to be deposited as a Bet and the minimum number of
participants required), as determined by the administrator of the Contest. Please see the Rules section of the App for more information on the options available;
- 2.1.7 “VAT” means Value Added Tax;
- 2.1.8 a person includes a natural person, corporate or unincorporated body(whether or not having separate legal personality);
- 2.1.9 references to the singular include the plural and references to one gender include all genders;
- 2.1.10 a reference to a party includes its successors or permitted assigns;
- 2.1.11 a reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted;
- 2.1.12 any phrase introduced by the terms including, include, in particular or any similar expression, shall be construed as illustrative and shall not limit the sense of the words preceding those terms; and
- 2.1.13 a reference to writing or written includes e-mails.
3. Your Customer Account
3.1 If you do not already have a Customer Account, you must register your personal details on the App in order to create a Customer Account before you can use the Services.
3.2 In orderto be eligible to register for a Customer Account and use the Services you must:
3.2.1 be over 18 years of age;
3.2.2 be using the Services for your own personal and non-commercial purposes;
3.2.3 be resident and situated in the United Kingdom;
3.2.4 ensure that your use of the Services is permitted and in compliance with all applicable laws in your territory or state; and
3.2.5 not be prohibited from using the Services by the terms of your employment contract or the rules of any sport’s governing body, nor be aware of any circumstances in which the placing of a Bet would breach such contract and/or rules.
3.3 You must select a password as part of the registration process to open your Customer Account. Your password is non-transferable.
- 3.4 We have the right to disable your password if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
- 3.5 If you know or suspect that anyone other than you knows your user identification name, code or password, you must immediately notify us at email@example.com
- 3.6 You are liable for any use of your password.Closing your Customer Account
- 3.7 You can close your Customer Account by following the process set out in the ‘My Profile’ section of the App. If there is a negative balance on your Customer Account when you request to close it, such negative balance will fall immediately due and payable to us, and your Customer Account will not be closed until all amounts owed to us are paid in full.
- 3.8 We may suspend or close your Customer Account if we reasonably believe that you have breached the Agreement or if we withdraw or terminate the Services and/or the App.Dormant Customer Accounts
- 3.9 Subject to section 16, if: (i) no deposits have been made into your Customer Account; and (ii) no Contests have been entered into using your Customer Account, for a consecutive period of 365 days, your Customer Account will be deemed to be “dormant”.
- 3.10 We will notify you if your Customer Account becomes dormant. If you do not reactivate your Customer Account within seven working days of such notification by either: (i) notifying us in writing that you wish your Customer Account to be reactivated; (ii) making a deposit into your Customer Account; or (iii) entering into a Contest using your Customer Account, we may either:
- 3.10.1 if the balance of your Customer Account is zero, close your Customer Account with immediate effect, in which case we will notify you of the same within seven working days; or
- 3.10.2 if the balance of your Customer Account is positive, we shall deduct a monthly administration fee of £2 or 5% of the balance of your Customer Account (whichever is greater) until either: (i) you reactivate your Customer Account; or (ii) the balance of your Customer Account reaches zero, in which case we will close your Customer Account and notify you of the same within seven working days.
4. The Services
- 4.1 You can join or create a Contest through the Games Lobby, in accordance with the procedure set out on the App.
- 4.2 In order to place a Bet on a Contest:
4.2.1 you must ensure that you have sufficient funds in your Customer Account in order to place the Bet;
- 4.2.2 if you do not have sufficient funds in your Customer Account, you must make a sufficient deposit into your Customer Account to place the Bet before you will be allowed to participate in the Contest;
- 4.2.3 you must follow the procedure set out on the App in order to place the Bet;
- 4.2.4 once you place the Bet, you will receive a confirmation message that the Bet has been accepted. Each Bet that you place will have a unique transaction code, and will be stored in the Bet Slips section of your Customer Account in case you should need to refer to it in future;
- 4.2.5 all of the Bets placed by users competing in the relevant Contest shall be pooled together and, following our deduction of 5% of the accumulated Bets for that Contest (which covers our fees for operating the Contests, as well as any operating costs, payment processing fees, taxes and others costs incurred by us in operating the Contest), shall form the prize for that Contest (the “Prize”); and
- 4.2.6 on completion of the Contest, if you are to be allocated a portion of the Prize in accordance with the Rules, such amount shall be credited to your Customer Account within 24 hours of the Contest.
- 4.3 Please note that:
- 4.3.1 you can deposit or withdraw funds from your Customer Account at any time, provided that you cannot recoup any Bet after it has been placed;
- 4.3.2 we reserve the right to decline any Bet in our sole and absolute discretion;
- 4.3.3 if you place a Bet but fail to meet the eligibility criteria set out at section 3.2, such Bet shall be forfeited and we shall not be obliged to pay any winnings that you might have achieved in respect of such Bet. We may also refer the matter to the police, regulatory authorities and/or parents/guardians;
- 4.3.4 you are solely responsible for ensuring that the details of your Bet are correct; and
- 4.3.5 all Bets placed by you are placed entirely at your own risk.
- 4.4 Subject to section 4.5, you may cancel your entry into a Contest (and any Bet placed in respect of such Contest), at any point until the Contest’s specified start time.
- 4.5 If the Rules of the Contest stipulate a minimum number of participants (“Specified Minimum”) then the following shall apply:
- 4.5.1 if, at the time that the relevant Contest is due to start, there are insufficient participants to meet the Specified Minimum, we may either: cancel the relevant Contest; or (ii) combine two or more Contests with insufficient participants and identical Rules where doing so would create a single Contest with exactly the correct number of participants; and
- 4.5.2 if, 30 minutes prior to the scheduled start time of the Contest, the Specified Minimum has been reached, you shall no longer be able to cancel your entry into the Contest (or any Bet placed in respect of such Contest).
5. Payment and Your Money
- 5.1 Please note that all payments made by you to us under the Agreement will be processed by our payment partner, Adyen, Simon Carmiggeltstraat 6-50, 1011 DJ Amsterdam, The Netherlands.
- 5.2 We are required by our licence to inform you about what happens to funds which we hold on account for you, and the extent to which your funds are protected in the event of insolvency. Please see here for further information.
- 5.3 We hold your Customer Account funds separately from our funds in a trust account. This means that steps have been taken to protect your Customer Account funds, including in the event of our insolvency, but there is no absolute guarantee that all funds will be repaid. This meets the Gambling Commission’s requirements for the segregation of customer funds at the level: medium protection.
- 5.4 Please note that if we suspect that you are using your Customer Account for any other reason than placing Bets and using the Services, we may suspend or close your Customer Account in our sole and absolute discretion and refer the matter to the police and/or regulatory authorities.
- 6.1 You must:
- 6.1.1 ensure that all of the information that you provide when registering your Customer Account is accurate and complete in all respects, and that your Customer Account information remains up to date at all times; and
- 6.1.2 comply at all times with the terms of the Agreement.
- 6.2 You must not:
- 6.2.1 use the Services or the App except as expressly permitted by the Agreement;
- 6.2.2 use or interact with the Services in any unlawful or fraudulent way or for any unlawful or fraudulent purpose;
- 6.2.3 disrupt, damage or interfere with the Services or the App in any way; or
- 6.2.4 offer in any manner, sub-license or re-sell the Services, use of or access to the Services, to a third party, for any reason whatsoever without our prior written consent.
- 6.3 We shall provide the Services with reasonable care and skill and in accordance with the terms of the Agreement.
7. Limitation of Liability
- 7.1 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Agreement.
- 7.2 We only provide the Services for your domestic and private use only. You agree not to use the Services for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- 7.3 If we fail to comply with the Agreement, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Agreement or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Agreement.
- 7.4 Nothing in the Agreement excludes or limits our liability for:
- 7.4.1 death or personal injury caused by our negligence;
- 7.4.2 fraud or fraudulent misrepresentation; or
- 7.4.3 any other liability that cannot be limited or excluded by law.
- 7.5 This section 7 shall survive termination of the Agreement.
8. Events Outside our Control
- 8.1 We will not be liable or responsible for any failure to perform, or delay in performance of, the Services or any of our other obligations under the Agreement, that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below.
- 8.2 An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, snow, flood, earthquake, subsidence, epidemic or other natural disaster, failure of public or private telecommunications networks, mechanical failure or any other act or event affecting our ability to perform our obligations under the Agreement.
- 8.3 If an Event Outside Our Control takes place that affects the performance of the Services or any of our other obligations under the Agreement:
- 8.3.1 we will contact you as soon as reasonably possible to notify you;
- 8.3.2 we shall not be liable to you as a result of any delay or failure to perform the Services or any other obligation of our under the Agreement as a result of an Event Outside Our Control; and
- 8.3.3 we shall use reasonable endeavours to minimise any disruption to the Services.
9. How we use your Personal Information
- 9.2 By using the Services, you authorise us to share your personal data and playing history with the Gambling Commission, 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.
- 9.3 We may use location-based services in order to perform the Services as efficiently as possible. Information that we collect from you through the use of these services shall
10. Our Right to vary these Terms
- 10.1 We may revise these Terms from time to time.
- 10.2 Every time you use the Services, the Terms in force at that time will apply to such use of the Services.
11. Contacting Us and Disputes
- 11.1 If you have any queries or are not satisfied with the Services please contact our customer services team immediately in order that we may address your concerns. Our contact details are:Email: firstname.lastname@example.org
Telephone: +44 1889 390006
Office location: Carl Jacobsens Vej 16, Entrance 16, 2500 Valby, DenmarkYou will be provided with a reference number for your query which you should keep in order that we can efficiently process your query.
- 11.2 If you have a complaint that our customer services team has not been able to resolve to your satisfaction, you may request that your complaint is escalated to a customer services manager, who will examine your complaint and provide a resolution within 48 hours.
- 11.3 If you are not satisfied with the resolution provided by the customer services manager in accordance with section 11.2 and your complaint is gambling-related (as opposed to service-related), you may refer such complaint to the Independent Betting Adjudication Service (“IBAS”), whose decision will be final and binding on both you and us (save in respect of any manifest error). IBAS is a completely independent adjudication service that will consider any case regarding specific betting or gaming transactions. In order to complain to IBAS, you must:
- 11.3.1 ensure that you have been issued with a reference number by us in accordance with section 11.1;
- 11.3.2 contact IBAS to request an arbitration form; and
- 11.3.3 complete the arbitration form, providing as much detail as possible, and submit it to IBAS, at which point IBAS will review the form and (if it feels that your complaint merits further consideration) refer your complaint to the IBAS adjudication panel.
For further information on IBAS, please click here.
- 11.4 If we have failed to implement the decision of IBAS within a reasonable time you may then refer your complaint to the courts (in accordance with section 17.8).
12.1 You may terminate the Agreement by closing your Customer Account in accordance with section 3.
- 12.2 We may terminate the Agreement and/or your Customer Account with immediate effect by notice in writing to you if:
- 12.2.1 you fail to pay any amount due under the Agreement, including any interest accrued, by the date due; or
- 12.2.2 you are in breach of any term of the Agreement.
- 12.3 We may terminate this Agreement and/or your Customer Account for any reason by giving you not less than 30 days’ written notice.
13. Consequences of Termination
13.1 Upon termination of the Agreement for any reason:
- 13.1.1 you shall immediately pay to us any outstanding sums owed by you to us under the Agreement, including any interest, and your Customer Account shall not be closed (and the Agreement shall therefore not be terminated) until such outstanding sums are paid in full;
- 13.1.2 the accrued rights, remedies, obligations and liabilities of each party as at expiry or termination shall not be affected, including the right to claim damages in respect of any breach of the Agreement which existed at or before the date of termination or expiry; and
- 13.1.3 sections which expressly or by implication have effect after termination shall continue in full force and effect.
- 14.1 Notices to you
- 14.1.1 Any notice given by us to you under the Agreement must be in writing and may be served by e-mail, by personal delivery to the person notified or its address, or by prepaid post.
- 14.1.2 Your address for service of notices shall be your e-mail and/or postal address specified in your Customer Account or any other address in the United Kingdom that you have previously notified to us in writing.
- 14.2 Notices to us
- 14.2.1 Any notice given by you to us must be in writing and may be served bypersonal delivery, by pre-paid post or by e-mail at email@example.com.
- 14.2.2 Our address for service of notices shall be our address set out in these Terms.
- 14.3 A notice will be served at the time of personal delivery or 48 hours after it has been placed in the post, or at the time the e-mail was sent by the sender, provided that the sender of the email does not receive an e-mail message stating that the e-mail message has not been received by the intended recipient.
- 14.4 You will inform us in writing of any changes to your billing details, contact details, alternative contact details, authorised persons or access details stated in your Customer Account.
15. Assignment and Sub-Contracting
- 15.1 We may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of its rights under the Agreement and may subcontract or delegate in any manner any or all of our obligations under the Agreement to any third party or agent.
- 15.2 You shall not, without our prior written consent, assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights or obligations under the Agreement.
- 16.1 We provide you with the option to self-exclude from Contests.
- 16.2 In order to self-exclude you may either: (i) follow the process outlined in the ‘Gambling Controls’ section of your Customer Account; (ii) call us on +44 1889 39000665; or (iii) email us firstname.lastname@example.org.
- 16.3 If you choose to self-exclude:16.3.1 you shall be given the option to do so with immediate effect or after a ‘cooling-off’ period during which you can consider self-exclusion further before making a decision as to whether you want to self-exclude;16.3.2 you must choose a time period for which you wish to self-exclude, which must be at least six months but no more than five years (the “Exclusion Period”);16.3.3 you shall not be able to participate in any Contests for the duration of the Exclusion Period and we will use reasonable endeavours to ensure that you receive no further communications from us in respect of Contests; and16.3.4 you shall be withdrawn from any Contests that you are participating in at the point that you self-exclude and any funds in your Customer Account will immediately be returned to you
16.3.5 at the end of the Exclusion Period, if you send a request to us in writing that you wish to resume participating in Contests, following a one day ‘cooling off’ period, you will be permitted to participate in Contests again. Alternatively, you may either: (i) request in writing to extend the self- exclusion period for successive periods of six months, in which case such extension shall take effect immediately; or (ii) take no further action, in which case the Exclusion Period shall continue for up to seven years unless you send a request to us in writing to end the Exclusion Period.
- 16.4 Please see our Responsible Gambling Policy (www.kiggit.com/responsible) for further information if you are concerned about problem gambling. In addition, if you are in the UK and would like to talk to someone about problem gambling you can contact GamCare – a registered charity that provides confidential support, advice and counselling to anyone affected by problem gambling – online or by telephone on 0808 8020 133. For more information on GamCare click here.
17. Service interruptions
Definition: Service interruptions means disruptions caused by Kiggit ApS’ systems or the failure of third party networks
- 17.1 In the event of service interruptions that are unintended, Kiggit ApS will take all reasonable steps to ensure that customers are impacted at a minimum.
- 17.2 Where a service interruptions is caused by failures in Kiggit ApS’ system or one of Kiggit ApS’ providers, all betting on affected markets will be suspended.
- 17.3 Where customers have been affected negatively by unintended service interruption, Kiggit will compensate the customer and return the corresponding amount to the customer’s account. Corresponding amount is the amount placed on the bet slip, “the stake”.
18. Other Important Terms
- 18.1 All intellectual property rights in or arising out of or in connection with the Services shall, as between you and us, be owned by us.
- 18.2 “Kiggit” is a trade mark of Kiggit ApS.
- 18.3 We are regulated by the Gambling Commission to provide the Services to you if you are resident in the United Kingdom.
- 18.4 The Agreement is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
- 18.5 If any provision of the Agreement is deemed unlawful, void, or for any reason unenforceable, then that provision shall be enforced to the maximum extent permissible, and the remainder of the Agreement shall remain in full force and effect.
- 18.6 Any failure by us to enforce or exercise any provision of the Agreement shall not constitute a waiver of that provision or any other provision.
- 18.7 The Agreement, its subject matter and its formation, are governed by English law.
- 18.8 The courts of England and Wales shall have non-exclusive jurisdiction to settle any disputes arising in connection with the Agreement (including any non-contractual terms). However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
- 18.9 You have legal rights in relation to Services not carried out with reasonable care and skill. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards Office. Nothing in these Terms will affect these legal rights.