GENERAL TERMS AND CONDITIONS
GENERAL TERMS AND CONDITIONS FOR USING THE SERVICES AVAILABLE THROUGH SportsPrediction WEBSITE AND MOBILE APP, AVAILABLE ON THE APPLE APP STORE AND GOOGLE PLAY Last Updated on August 26th, 2017
1. ACCEPTANCE OF THE TERMS
Thank you for using SportsPrediction. These General Terms and Conditions (the “Terms”) are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the SportsPrediction website at http://www.SportsPrediction.asia/ (the “Website”) and the related SportsPrediction mobile and software applications, available through the iOS App Store and Google Play (the "Mobile App"), together referred to as “SportsPrediction”, including but not limited to delivery of information via the Website or Mobile App.
Please read these Terms carefully.
By accessing or using the Website or Mobile App, you are agreeing to these Terms and concluding a legally binding contract with Nick Metrics Marketing Agency Sdn Bhd, a company incorporated and existing under the laws of the Malaysia. Do not access or use the Website and/or Mobile App if you are unwilling or unable to be bound by the Terms.
You can accept the Terms by:
Clicking to accept or agree to the Terms, where it is made available to you in the user interface of the Website or Mobile App; or
Actually using the Services. In this case, you understand and agree that SportsPrediction will treat your use of the Services as an acceptance of the Terms.
2. DEFINITIONS
Nick Metrics Marketing Agency Sdn Bhd is a commercial company, providing the Services offered through the Website and Mobile App.
We
"We" or "us" refers to Nick Metrics Marketing Agency Sdn Bhd. SportsPrediction is a web- and mobile based Internet platform, owned by Nick Metrics Marketing Agency Sdn Bhd, a company incorporated and existing under the laws of the Malaysia, registered under 201601027056 (1197995 - K), having its seat and registered office at Tower A Level 1-05 Vertical Business Suite Avenue 3 Bangsar South No. 7 Jalan Kerinchi 59200 Kuala Lumpur Malaysia, which enables users to use the Services of the Website and the Mobile App, which are the subject of these Terms of Service.
User
"User" or "you" or "your" refers to you, as a user of the Services. A user is someone who accesses or uses the Services for the purpose of sharing, displaying, hosting, publishing, transacting, uploading information or sports tips or viewing and purchasing sports tips pictures and includes other persons jointly participating in using the Services, including without limitation a user, who is a “Junior”, “Novice” or “Premium” Tipster or a user having access to a given tip, regardless of whether it is a “FREE”, “Novice” or “Premium” tip. Every User may purchase the predictions and tips of each Tipster directly, subject to our Terms and Conditions for Sale.
Services
"Services" include any and all services, which Nick Metrics Marketing Agency Sdn Bhd may offer to the User, through the Website and the Mobile App.
Tipster
“Tipster” shall mean any User, who offers or furnishes tips, as for betting or speculation through the SportsPrediction Website and/or Mobile App. Any person who wishes to sell their predictions on the SportsPrediction Website and Mobile App may apply to become a Tipster.
User Account
"User Account" is a separate part of the Website and Mobile App, containing User information required by SportsPrediction during registration. The User Account is accessed by the User through entering an email and a password.
Content
"Content" will include (but is not limited to) tips, images, photos, audio, video, location data, 'nearby places', and all other forms of information or data.
Your Content
"Your Content" or "User Content" is the content, submitted by you, as a User of the Website and Mobile App. It includes, but is not limited to what you upload, share or transmit to, through or in connection with the Services, such as tips, likes, ratings, reviews, images, photos, messages, User Account information, and any other materials that you publicly display or are displayed in your User Account profile.
SportsPrediction Content
"SportsPrediction" means content that SportsPrediction creates and makes available in connection with the Services, including, but not limited to: visual interfaces, interactive features, graphics, design, computer code, products, software, aggregate ratings, reports and other usage-related data in connection with the activities associated with your User Account and all other elements and components of the Services excluding Your Content and third party content. "Third Party Content" means content that comes from parties other than SportsPrediction or its Users and is available in or through the Services.
3. USING THE SERVICES
Eligibility
You hereby represent and warrant that you are at least eighteen (18) years of age or above and are fully able and competent to understand and agree with the terms and conditions, obligations, affirmations, representations, and warranties set forth in those Terms.
Compliance with the laws
You are responsible for complying with all betting and tipping laws and regulations in the country in which you live when you access and use the Services. You agree to use the Services only in compliance with these Terms and the applicable law of your country and in a manner that does not violate our legal rights or those of any third parties.
Website and Mobile App Availability
The Website and Mobile App may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
User Accounts
You must create a User Account and provide certain information about yourself in order to use (some of) the Services that are offered through the Website and Mobile App. You are responsible for maintaining the confidentiality of your User Account password. You are also responsible for all activities that occur in connection with your User Account. You agree to notify us immediately of any unauthorized use of your User Account. We reserve the right to close your User Account at any time for any or no reason.
Your User Account is for your personal, non-commercial use only. In creating it, we ask that you provide complete and accurate information about yourself to bolster your credibility as a contributor to the Website and Mobile App. You may not impersonate someone else, create or use a User Account for anyone other than yourself, or create multiple accounts. If you are using a pseudonym, please note that some people may still be able to identify you if, for example, you include identifying information in your Tipster reviews, your username, use the same account information on other sites, or allow other sites to share information about you with SportsPrediction. Please read our Privacy Policy for more information.
Communications from SportsPrediction
By creating a User Account, you agree to receive certain communications in connection with the Website and Mobile App.
4. CHANGES TO THE TERMS
SportsPrediction may amend, change or update these Terms, from time to time, entirely at its own discretion. You shall be responsible for checking these Terms, from time to time, and ensuring continued compliance with these Terms. Your use of the Services after any such amendment or change in the Terms shall be deemed as your express acceptance to such amended/changed Terms and an assent to be bound by such changed/amended Terms.
5. TRANSLATION OF THE TERMS
SportsPrediction may provide a translation of the English version of the Terms into other languages. You understand and agree that any translation of the Terms into other languages is only for your convenience and that the English version shall govern the terms of your relationship with SportsPrediction. In case there are any inconsistencies between the English version of the Terms and its translated versions, the English version of the Terms shall prevail.
6. CONTENT
Responsibility for Your Content
You are responsible for the content you publish. You assume all risks associated with the content you publish, especially your tips, including anyone's reliance on their quality, accuracy, or reliability, disclosure or truthfulness of information. You represent that you are competent to publish content. You may not imply that the content published is in any way motivated, sponsored or endorsed by SportsPrediction. You may expose yourself to liability if, for example, the content you publish contains material that is intentionally misleading; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including hate speech or pornography; harms minors; or violates or advocates the violation of any law or other legal regulation.
Tips posted by Tipsters do not reflect the opinion or forecasts of SportsPrediction.
Right to use Your Content.
By submitting Your Content you hereby irrevocably grant us a perpetual, irrevocable, non-exclusive, royalty-free right to use the published content. By “use” we mean use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works. You grant us the right to use the name or username that you submit in connection with Your Content. You irrevocably waive, any claims and assertions of moral rights with respect to Your Content brought against us, any third party services and our and their users.
Ownership of Content
As between you and SportsPrediction, you own Your Content. We own the SportsPrediction Content, including, among others, visual interfaces, interactive features, graphics, design, compilations, including (but not limited to) our database of user content and other Website and Mobile App Content, computer code, products, software, aggregate Tipster review ratings, and all other elements and components of the Website and Mobile App, excluding User Content and Third Party Content. We also own the copyrights, trademarks, trade names, and other intellectual and proprietary rights ("IP Rights"), associated with the SportsPrediction Content, the Website and Mobile App. This means that you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit the SportsPrediction Content, in whole or in part, except as expressly authorized by us.
Content Removal
We reserve the right, at any time and without prior notice, to remove, block, or disable access to any content that we, for any reason or no reason consider to be objectionable, in violation of the Terms or otherwise harmful to the Services or our Users in our sole discretion.
7. RESTRICTIONS
Without limiting the generality of these Terms, in using the Services, you specifically agree not to post or transmit any content (including reviews) or engage in any activity that, in our sole discretion:
Violates any third party's rights, including copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual prop ........ erty or proprietary right;
Violates those Terms;
Violates any applicable law;
Threatens, harms, harasses others, or promotes discrimination;
Promotes a business or other commercial venture or event, or otherwise uses the Website and/or Mobile App for commercial purposes;
Engages in keyword spamming, or otherwise attempts to manipulate the Website's and Mobile App's search results;
Solicits personal information from minors, or submits or transmits pornography.
Apart from that, the User agrees not to:
Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works, publicly display, sell, trade, or in any way exploit the Website and Mobile ........ App or its Content.
Make attempts to reverse engineer any portion of the Website or Mobile App;
Remove or modify any IP rights notice that appears on any portion of the Website or Mobile App or on any materials printed or copied from the Website or ........ Mobile App;
Record, process, or mine information about other Users and clients;
Attempt to gain unauthorized access to the Website or Mobile App, the User Accounts, computer systems or networks connected to the Website or Mobile ........ App, through hacking, password mining or any other means;
Use the Website, Mobile App or any Content to transmit any computer viruses, worms, Trojan horses or other items that could be of a destructive nature (collectively, "Viruses").
When a particular action is not explicitly referred to in this clause, but is an obvious violation of Art. 7, the clause should be interpreted broadly, in favour of SportsPrediction, and this action should be considered as if it was included in this clause.
8. RELATIONSHIP WITH OTHER GUIDELINES AND POLICIES
We process your personal data in accordance with our Privacy Policy. You can always retrieve the current version of it at […]. In particular these data protection provisions govern and explain the extent to which your personal data is collected, processed, can be seen by other Users and what options you have for controlling its disclosure to other Users and third parties. Please have a careful look at our Privacy Policy to learn more about the way we process and handle your personal information.
9. THIRD PARTY WEBSITES AND CONTENT
The Services may contain, or you may be sent through the Website or Mobile App to, links to other websites (“Third Party Websites”), as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other Third Party Content. Such Third Party Websites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, safety or completeness by SportsPrediction and SportsPrediction is not responsible for any Third Party Websites accessed through the Website or Mobile App or any Third Party Content posted on, available through or installed from the Website or Mobile App. You agree that we are not responsible for the availability or Third Party Content of such Third Party Websites. Your use of Third Party Websites is solely at your own risk.
10. ADVERTISING
The Services may be supported by advertising revenue and may display advertisements and promotions.
Parts of the Website or Mobile App may contain such advertising information or promotional material or other material submitted to SportsPrediction by third parties. Responsibility for ensuring that material submitted for inclusion on the Website or Mobile App complies with the applicable international and national laws is on the party providing the information/material. Your correspondence or business dealings with, as well as the participation in promotions of, advertisers other than SportsPrediction, found on or through the Website and/or Mobile App, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely between you and such advertiser. SportsPrediction will not be responsible or liable for any error or omission, inaccuracy in advertising material or any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such other advertisers on the Website or Mobile App.
11. USER FEEDBACK. SUGGESTIONS AND IMPROVEMENTS
By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual right to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, against SportsPrediction and its users, any claims and assertions of any moral rights contained in such Feedback.
12. INDEMNITY
You are responsible for maintaining the confidentiality of your username, password and your User Account, as well as all activities that occur under your User Account.
You hereby agree to indemnify, defend, and hold us, our licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective directors, owners, employees, agents, representatives and assigns harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions) incurred by the above-mentioned in connection with any claim arising out of any breach by you of these Terms or claims arising from your use of the Website, Mobile App and/or your User Account. You agree to cooperate with us in the defence of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defence and control of any matter otherwise subject to indemnification by you. We will use reasonable efforts to notify you of any such claim, action or proceeding.
13. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES, ACCESSIBLE ON OR THROUGH THE WEBSITE OR MOBILE APP ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT, PERMITTED BY THE APPLICABLE LAW, Nick Metrics Marketing Agency Sdn Bhd DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE FACT THAT: (I) THE SERVICES, ACCESSIBLE ON OR THROUGH THE WEBSITE OR MOBILE APP MAY BE TRADED OR SUITABLE FOR A SPECIFIC PURPOSE, (II) THE SERVICES, ACCESSIBLE ON OR THROUGH THE WEBSITE OR MOBILE APP WILL OPERATE WITHOUT INTERRUPTION AND ERRORS, (III) DEFECTS WILL BE RECTIFIED, (IV) THERE ARE NO BUGS, VIRUSES, TROJAN HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES, FOLLOWING THE ACTIONS OF THIRD PARTIES, (V) THE SECURITY METHODS USED WILL BE SUFFICIENT FOR THE PROTECTION OF THE SERVICES AND THEIR USERS, AND (VI) WITH REGARD TO THE CORRECTNESS, ACCURACY OR RELIABILITY, THERE WILL BE NO LOSS OF DATA, CONTENT OR INFORMATION.
DOWNLOADING OR OTHERWISE OBTAINING MATERIALS THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, MOBILE PHONE, TABLET OR OTHER DEVICE OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF ANY SUCH MATERIAL. YOU SHALL ALSO BE RESPONSIBLE FOR THE LOSSES INCURRED DUE TO YOUR RELIANCE ON ANY OF OUR TIPSTERS’ FORECASTS. SPORTSPREDICTION WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THE SPORTSPREDICTION SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. THE COMMUNICATION WITH SPORTSPREDICTION, WHETHER WRITTEN OR ORAL, IN CONNECTION TO, TROUGH THE OR AS A RESULT OF USING THE SERVICES SHALL NOT CREATE ANY WARRANTIES NOT EXPRESSLY STATED IN THE TERMS. UNLESS YOU HAVE BEEN EXPRESSLY AUTHORIZED TO DO SO IN WRITING, YOU AGREE THAT WHEN USING THE SERVICES, YOU WILL NOT USE ANY TRADEMARK, TRADE NAME OR LOGO OF ANY COMPANY OR ORGANIZATION IN A WAY THAT IS LIKELY TO CAUSE CONFUSION ABOUT THE OWNER OF SUCH MARKS, NAMES OR LOGOS.
SPORTSPREDICTION MAKES NO PROMISES WITH RESPECT TO ANY THIRD PARTIES, SUCH AS ANY ADVERTISERS THAT CAN BE SEEN ON THE WEBSITE OR MOBILE APP OR OTHER USERS OF THE SERVICES. SPORTSPREDICTION IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH OUR SERVICES OR ANY OTHER GOODS OR SERVICES PROMOTED OR FEATURED ON THE WEBSITE OR MOBILE APP.
YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE WEBSITE OR MOBILE APP IS DONE AT YOUR OWN DISCRETION AND RISK. SPORTSPREDICTION'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICES IS LIMITED TO THE ACTUAL OUT-OF-POCKET AMOUNT PAID BY YOU TO SPORTSPREDICTION.
SPORTSPREDICTION DISCLAIMS LIABILITY FOR ANY (I) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, (II) LOSS OF PROFITS AND RESULTING DAMAGE, (III) BUSINESS INTERRUPTION, (IV) REPUTATIONAL HARM, OR (V) LOSS OF INFORMATION OR DATA.
14. ANTI-MONEY LAUNDERING AND ANTI-TERRORISM FINANCING POLICY
You agree that any and all information provided to us by you shall be treated as being true and correct.
You hereby acknowledge and agree that due to anti-money laundering and/or anti-terrorism financing regulations under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 in Malaysia (“AMLA”), you shall promptly provide us further identification documentation deemed necessary and appropriate for the purposes of verification of your identity and source of funds used to purchase the tips on the Website and/or Mobile App in compliance with any anti-money laundering and/or anti-terrorism financing regulations of AMLA or any applicable jurisdiction or to respond to requests for information concerning the identity of any Seller and/or Purchaser from any governmental authority, self-regulatory organization or financial institution in connection with its anti-money laundering and/or anti-terrorism financing compliance procedures, and you hereby agree to update such information as necessary.
You hereby acknowledge and agree that we are not an online betting, gaming and/or gambling common house under any relevant laws in Malaysia and that the Website or Mobile App serves to provide a service to purchasers of tips provided by tipsters. By acknowledging our Terms and Conditions, you hereby agree not to upload, provide and/or advertise any betting websites and/or links on this online platform.
You hereby acknowledge and agree that you shall be solely responsible to abide by any anti-money laundering and/or anti-terrorism financing laws and regulations within your applicable jurisdiction and you hereby agree to indemnify us from and against all actions, suits, direct losses, damages, claims, costs, expenses, liabilities, proceedings and/or demands which we may incur as a result of a breach of these Terms and Conditions by you.
In order to ensure that there is an audit trail to assist in any financial investigation by any law enforcement body, our record keeping policy and procedure shall cover records in the following areas:
- Records on all Users and User Accounts including but not limited to identification and verification information;
- Records on all transactions through the Website and Mobile App;
- Reporting any suspicious transactions and activity reports between tipsters and purchasers.
By agreeing to the Terms and Conditions you hereby authorize us to undertake any verification checks we may require or that may be required by third parties (including but not limited to regulatory bodies) to confirm your identity and verification information (“the Checks”). During the Checks and/or any suspicious transactions, we may restrict you from withdrawing funds from your account.
Standard identification data and documents required, include but is not limited to the following:-
- full name;
- date of birth;
- citizenship;
- address;
- identification number;
- copy of identification card and/or passport;
- copy of bank card used for any transaction.
If any information that you have provided is untrue, inaccurate, misleading, does not match your identification information or otherwise incomplete, we reserve the right to terminate and/or block your User Account immediately and/or prevent you from using our Services, in addition to any other action that may be required by law. ]
In terms of data protection, all data related to User Accounts and payment transactions are stored, encrypted and managed by PayPal and merchant employees may be granted access to user payment information as set out above in compliance with any Anti-Money Laundering Policies as required by law.
15. DISPUTE RESOLUTION
You agree that any and all disputes and claims, arising out of or in connection with these Terms, the Website, Mobile App and the Services shall be resolved individually, without resort to any form of class action.
Any and all claims, judgments, and awards shall be limited to the greater of: the actual out-of-pocket amount paid by you to SportsPrediction for accessing the Website, Mobile App and the Services, but in no event attorneys' fees; and under no circumstances you will be permitted to obtain awards for, and each User hereby waives all rights to claim punitive, incidental, consequential damages or any other damages other than actual out-of-pocket expenses for using the Services of SportsPrediction.
This Agreement and all rights and obligations in connection with it are governed by Malaysia law. Any disputes between the Parties arising from this Agreement shall be heard and determined by the competent Malaysia court.
16. SEVERABILITY
If any of these terms of use are found unlawful, void, or for any reason unenforceable, then such provisions will be considered severable from the remaining Terms and will not affect the validity and enforceability of the remaining provisions.
17. TERMINATION
You may terminate the Terms at any time by closing your User Account, discontinuing your use of the Website and Mobile App or providing SportsPrediction with a notice of termination.
We may close your User Account, suspend your ability to use certain portions of the Website or Mobile App and/or ban you altogether from using the
Services for any or no reason and without notice or liability of any kind. Any such action could prevent you from accessing your User Account, the Website, Mobile App
Your Content, SportsPrediction Content and/or any other related information.
In the event of any termination of these Terms, whether by you or us, Sections 2, 6, 7, 9, 12, 13, 14, 15, and 16 will continue in full force and effect, including our right to use Your Content as detailed in the provisions of Section 6.
18. GENERAL TERMS
We reserve the right to amend, update, or discontinue the Website and/or Mobile App at our sole discretion, at any time, with or without reason, and without notice or liability.
We may provide you with notices, including those regarding changes to the Terms, by email or through the Website and/or Mobile App.
Except as otherwise stated in Section 9 above, nothing in those Terms is intended, nor will be deemed, to confer rights or remedies upon any third party.
The Terms contain the entire agreement between you and SportsPrediction regarding the use of the Website and Mobile App.
If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties' intention or eliminated so that the Terms shall otherwise remain in full force and effect.
The section titles in the Terms are for convenience only and have no legal or contractual effect.
19. CONTACT
In order to address a question, to resolve a complaint regarding the Website, Mobile App or the SportsPrediction Services, or to receive further information regarding the Services, please contact SportsPrediction using one of the following methods:
Address: Tower A Level 1-05 Vertical Business Suite Avenue 3 Bangsar South No. 7 Jalan Kerinchi 59200 Kuala Lumpur Malaysia.
E-mail: support@SportsPrediction.asia
