TERMS AND CONDITIONS FOR USE OF THIS APPLICATION AND/OR WEBSITE
Date Last Modified: 27/02/2020
Thank you for reviewing these Terms and Conditions of Use (the “Terms” or “Agreement”). Picklebet (“Picklebet” “We” “Us” or “Our”) is owned and operated by Puntaa Pty Ltd, a proprietary limited Australian Company (ACN 601 575 240) with its registered office at 48-50 Smith St, Darwin City, NT, 0800. All Bets on sportsbook products are considered to be placed and received in the Northern Territory of Australia. Picklebet is licensed and regulated by the Northern Territory Government. Picklebet operates the website, https://picklebet.com (the “Site”), its mobile application (“ Picklebet Application”), and other services (collectively referred to herein as the “Services”) available for your (“User” “You” “Your” or “Yourself”) use subject to this Agreement.
1. Acceptance of terms
By creating a Picklebet User account (“Account”), downloading the Picklebet Application, or participating in any Services, including, without limitation, participating in Fantasy Esports Contests or tournaments (each a “Fantasy Esports Contest” or “Contest”) or placing a Bet, Users:
(i) acknowledge that they have read and agree to be bound to and abide by these Terms;
(ii) accept and agree to all obligations, rules and scoring systems for each Fantasy Esports Contest or Bet in which they participate; and
(iii) represent and warrant that they are authorized and able to accept these Terms.
If a User does not wish to be bound by the Terms, the User must not download the Picklebet Application, access or participate in the Services. By declining to accept these Terms, the User will be unable to create an Account or participate in the Services.
Picklebet reserves the right to change these Terms at any time without prior notice to You, and any amended Terms are effective upon posting to the Site. If We make what We determine to be material changes to these Terms, We will update the “Date Last Modified” and will notify You via email. Your continued use of the Services following such material changes requires Your affirmative consent to the changes, which will require You to confirm within the Site or Picklebet Application that You have read and agree to the updated Terms. If You do not agree to the changes, Your sole remedy is to cease using the Services. It is Your responsibility to periodically check and review these Terms for changes.
In addition to these Terms, additional terms and conditions may govern various promotional offers, offered to You from time to time. Such promotional offers are governed by their corresponding Promotional Terms and Conditions.
2. Social Networking Disclaimer
Video content may be streamed through, and the Services may be accessible through or provide links to third party social networking sites and applications, including, without limitation, Facebook, Instagram, Medium, Discord, Reddit, Twitch, Twitter, and YouTube Gaming. As a condition of participating in the Services, Users acknowledge and agree that such third parties do not sponsor, endorse, administer, and are in no way associated with, the Services. All questions regarding the Services must be directed to Picklebet. Users further acknowledge and agree that as a condition of participating in the Services, Users shall release Facebook, Inc., Instagram, LLC, A Medium Corporation, Discord, Inc., Reddit, Inc., Twitch Interactive, Inc., Twitter, Inc., YouTube, Inc., and any other third party social networking sites accessible through the Services from any and all liability arising out of Users’ participation in such Services. The integration of third party social networking sites and applications is provided solely as a convenience to Users and Users access and use them entirely at their own risk and subject to such third parties’ terms and conditions.
3. Eligibility/Prohibited Jurisdictions
To be eligible to create an Account and become a registered User, You must, at the time of registration:
(1) be at least eighteen (18) years of age or the age of majority in Your Jurisdiction of residence, whichever is greater;
(2) be a resident of, and be physically located in a state or territory (“Jurisdiction”) in which participation in Fantasy Esports Contests or Betting is not prohibited; and
(3) at all times abide by these Terms.
We reserve the right to deny access to the Services to anyone at Our sole discretion.
Depending on a User’s Jurisdiction, some functionalities of the Services, including the ability to deposit fiat currency, the ability to enter into Fantasy Esports Contests where an Entry Fee is required for the opportunity to win a prize (“Pay-to-Play Fantasy Esports Contests”), or the ability to place a Bet will only be made available to Users who at the time of registration are at least eighteen (18) years of age and meet the eligibility requirements listed in the Eligibility/Prohibited Jurisdictions section.
Employees, officers, directors, investors, agents, and representatives of Picklebet or any of its parents, subsidiaries or affiliates, and each of their respective immediate family and household members are NOT eligible to win prizes or receive payouts. “Immediate family members” shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses. “Household members” shall mean those people who share the same residence at least three (3) months a year. Such persons may, however, use the Services, and will from time to time do so for the purpose of testing the Site, Picklebet Application, evaluating User experience and Contests, socializing and competing with customers to build community, and other reasonable and fair uses at the sole discretion of Picklebet. If such persons are deemed to be winners, any prizes won or payouts received will be forfeited and awarded to the next highest scoring participant that is eligible to win a prize.
Picklebet gameplay consultants or promoters of the Services may play in the Fantasy Esports Contests without such limitation, but only if:
(i) their arrangement with Picklebet does not permit them to have any access to non-public Services data or any other data not made available to all Users on the Services that may impact Contest outcome; and
(ii) they do not receive any other unfair advantages in their play in the Fantasy Esports Contests.
Players, coaches and other team management, team support personnel and team owners may not participate in any Fantasy Esports Contest or Betting market made available in the Esports title with which they are associated. Other individuals associated with a respective Esports league, including but not limited to, referees, league employees, Esports commissioners and other individuals who through an ownership interest or game-related employment can influence the gameplay are likewise ineligible. Any person prohibited by their terms of employment or by the rules of any other organization applicable to them may not participate in any Fantasy Esports Contests or Betting markets made available in the Services.
By accessing or using the Services, You represent and warrant that You have the right, authority and capacity to enter into this Agreement, to abide by all of these Terms, and that You are not prohibited from accessing and using the Services. Picklebet makes no representations or warranties, implicit or explicit, as to Your legal right to participate in the Services nor shall any person affiliated, or claiming affiliation, with Picklebet have authority to make any such representations or warranties. We do not intend for the Services or any offerings made available thereon to be used by persons present in Jurisdictions in which participation may be prohibited or restricted. You agree that the availability of the Services does not constitute an offer, solicitation or invitation by Us for the use of the Services in any Jurisdiction in which such activities are prohibited or restricted.
If You do not meet the eligibility requirements of this section, then You are not authorized to use the Services. Picklebet reserves the right to verify Your age, identity, location and eligibility at any time. This includes requesting that You fill out an affidavit of eligibility. Any failure to cooperate with Picklebet in this respect may result in the suspension and/or termination of Your Account. To the extent Picklebet requests that You fill out such an affidavit, or similar request, and You fail to do so within seven (7) days, or Picklebet otherwise determines that You do not meet the eligibility requirements of this section, in addition to any rights that Picklebet may have in law or equity, Picklebet reserves the right to terminate Your Account, void any Bet or Contest entries, and withhold or revoke the awarding of any prizes or payouts associated with such Account. In such a situation, Picklebet will Payout any withheld or revoked prizes to the other entrants in the relevant Fantasy Esports Contests in a manner consistent with the Prize Pool Split of the Contest, to be precisely determined by Picklebet in its sole discretion.
3.2. Pay-to-Play Fantasy Esports Contests Not Available in All Jurisdictions
Fantasy Esports Contests made available in the Services may require no Entry Fee (“Free-to-Play Fantasy Esports Contests”) or may be Pay-to-Play Fantasy Esports Contests. You are subject to the laws of the Jurisdiction in which You access the Services and the Pay-to-Play Fantasy Esports Contests made available therein. Access to the Services and the Pay-to-Play Fantasy Esports Contests may not be legal for some or all residents of, or persons present in, certain Jurisdictions. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
If You participate in Pay-to-Play Fantasy Esports Contests made available in the Services while located in a Prohibited Jurisdiction, You will be in violation of the law of such Prohibited Jurisdiction and these Terms, and subject to having Your Account suspended or terminated. You hereby agree that We cannot be held liable if laws applicable to You restrict or prohibit Your participation in Pay-to-Play Fantasy Esports Contests. We make no representations or warranties, implicit or explicit, as to Your legal right to participate in any service offered nor shall any person affiliated, or claiming affiliation, with Us have authority to make any such representations or warranties. We implement security measures to prevent persons physically located in Prohibited Jurisdictions from accessing Pay-to-Play Fantasy Esports Contests made available in the Services. We do not intend that the Services and the Fantasy Esports Contests offered thereon to be used by persons present in Jurisdictions in which the playing of such Contests may be prohibited or restricted and You agree that Picklebet shall not be held liable for any prohibited or restricted use by You of the Services.
3.3. Betting Not Available in All Jurisdictions
You are subject to the laws of the Jurisdiction in which You access the Services and Betting made available therein. Access to the Services and Betting may not be legal for some or all residents of, or persons present in, certain Jurisdictions. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
If You participate in Betting made available in the Services while located in a Prohibited Jurisdiction, You will be in violation of the law of such Prohibited Jurisdiction and these Terms, and subject to having Your Account suspended or terminated. You hereby agree that We cannot be held liable if laws applicable to You restrict or prohibit Your participation in Betting. We make no representations or warranties, implicit or explicit, as to Your legal right to participate in any service offered nor shall any person affiliated, or claiming affiliation, with Us have authority to make any such representations or warranties. We implement security measures to prevent persons physically located in Prohibited Jurisdictions from accessing Betting made available in the Services. We do not intend that the Services and the Betting offered thereon to be used by persons present in Jurisdictions in which the playing of such Contests may be prohibited or restricted and You agree that Picklebet shall not be held liable for any prohibited or restricted use by You of the Services.
4. User Accounts
4.1. Registration Information
To create an Account, go to the Site (www.picklebet.com), or download the Picklebet Application, click on the Sign Up button, and complete the registration process. To create an Account, You will be required to (a) submit Your email address and other details as requested including, but not limited to, Your legal first and last name, Your residential address, and date of birth, and (b) select a unique display name for Site Users and Picklebet Application Users.
The display name must not be offensive, be selected to deceive or misinform other Users, and may not offend common decency or infringe upon the rights of third parties. If Picklebet receives information that a display name is illegal or in breach of these Terms, the display name can be amended by Picklebet without prior notice.
For security reasons, passwords must differ from display names and may be changed whenever You deem necessary. A secure password must contain a combination of at least eight (8) numbers, letters and, when possible, special characters. For security reasons Users should consider changing their password periodically. Picklebet will not ask You to reveal Your password, or initiate contact with You asking for answers to Your password security questions.
If You provide any information that is untrue, inaccurate, not current or incomplete, or Picklebet has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Picklebet reserves the right to suspend or terminate Your Account immediately and refuse any and all current or future use of the Services (or any portion thereof). Picklebet shall not be held liable for untrue, inaccurate, not current or incomplete information provided by You, including, but not limited to, data input error. Picklebet also reserves the right to request proof of age documentation from any User at any time.
Picklebet reserves the right, in Our sole discretion, to refuse to register Your Account, or suspend and/or terminate Your Account at any time, refuse Your entry into any Contest, and/or place a Bet, in respect of or in connection with Your use of the Services. Picklebet shall not be obligated to provide You with reasons for such actions and shall not be liable to You in any way for any loss or damages that may result from such actions. Subject to the fulfillment of any outstanding commitments under these Terms, Picklebet reserves the right to terminate Your use of the Services at any time.
4.2. Identity Verification
Upon registration to the Site or Service, You agree that We may disclose Your Personal Information, including, but not limited to, Your full legal name, residential address, and date of birth, to a third party verification service to verify Your identity. This verification process may include checking Your Personal Information against third party databases and credit agencies. Credit agencies to which Your Personal Information has been disclosed may prepare and provide Picklebet with an assessment of whether the information provided by You matches the credit information such agency may have on file of You. The information provided by the agency to Picklebet may include Your Personal Information and other information such as the full legal names, residential addresses and dates of birth contained in credit information files of You and other individuals for the purposes of preparing such an assessment.
If Your Account is not successfully verified by third party verification providers, You agree to provide Us, upon Our request, documentation that confirms Your identity. You agree that We may use Your Personal Information to conduct anti-fraud checks, and that Your Personal Information may be disclosed by Us to a credit agency or fraud prevention agency which may keep record of such information. You further agree that in addition to the aforementioned verification processes, We may confirm Your identity by using public information databases.
4.3. Secrecy Obligation
You agree to keep Your password secure and confidential. You are solely responsible for all usage or activity on Your Account including, but not limited to, use of the Account by any person who uses Your login information, with or without authorization, or who has access to any computer or device on which Your Account is accessible. In the event that You are concerned that Your password is no longer secure and confidential, You should immediately reset Your password within the Service and notify Picklebet by sending an email to the Customer Support Team via email@example.com, with the subject heading “Password Security”. Without limiting the foregoing, any transactions made and accepted within the Service where Your login information has been used will be treated as valid.
For security reasons, We may perform random security checks on Your Account to confirm Your eligibility. In the event of a security check, We may require additional documentation and You agree to fully cooperate with Us in respect of such requirements. We reserve the right to suspend or terminate Your registration and/or Account and/or withhold payment to You if We do not receive the requested documentation.
4.4. One Account
Only one (1) Account is allowed per person. In the event that Picklebet determines that You have registered more than one (1) Account, then You acknowledge and agree that, in addition to any other rights that Picklebet may have, Picklebet has the right to suspend or terminate Your Account(s), refuse any and all current or future use of the Services, void any Contest entries or Bets, and withhold or revoke the awarding of any prizes or payouts.
4.5. No Transfer
Your Account is not transferable. Under no circumstances shall You allow or permit any other person or third party, including, without limitation, any person under the legal age to participate in the Services, and in no event any person under the age of thirteen (13), to use or re-use Your Account in such a way that may breach the standards or laws in any Jurisdiction where You are located and/or are a resident, or where such other person is located and/or is a resident.
You accept full responsibility for all communications made from Your Account, including any communications made from Your Account as a result of someone else using Your Account, either with or without Your knowledge, and You shall be bound by such use as if it were Your own use, and You shall fully indemnify Picklebet in respect of any failure by such third party to fulfill any commitments made by such use.
You accept full responsibility for any unauthorized use of the Services and for any use of Your credit card, banking details, digital wallet address, or other payment instrument by any other person or third party in connection with Your Account. Any person found to have violated this section may be reported to the relevant authorities and will forfeit all funds in their Account. Picklebet will not be liable for any loss that You may incur as a result of someone else using Your Account, either with or without Your knowledge. You will be liable for losses incurred due to someone else using Your Account.
4.5. Equipment Obligation
You must provide all equipment and software necessary to connect to the Site and/or Picklebet Application, including, but not limited to, a computer or Mobile Device (defined below) that is suitable to connect with and use the Site and/or Picklebet Application. You are responsible for any fees, including, but not limited to, Internet connection or data usage fees that You incur when accessing the Site and/or Picklebet Application. Picklebet will not be responsible for any damage to any computer, computer equipment, Mobile Device, tablet, software, data or other property, or loss of data from Mobile Devices on which the data is installed, or for any call charges incurred while using the Picklebet Application.
4.6. Software and Links
By using the Services You accept full responsibility for all internet connection fees, together with all equipment servicing or repair costs necessary to allow You access to the Services.
When using the Services, it may be necessary for Us to provide You with Our own software and/or that provided by third parties (“Software”). You may be required to enter into end user terms and conditions of use in respect of such Software in order to make use of such Software. The terms upon which You may download and use any such Software will be made available to You at the time of download and must be accepted by You prior to Your use of such Software. You should familiarize Yourself with the applicable end user terms and conditions of use. Picklebet is not responsible for the end user terms and conditions of use, privacy policies, or the collection, use, or disclosure of any information such third parties may collect.
5. Fantasy Esports Contests
5.1. Fantasy Esports Contests
There are a number of Fantasy Esports Contests made available on the Service in which You create and manage fantasy Rosters of Players for Esports Leagues. The Service offers a plurality of different types of Contests with varying Roster requirements and different methods of drafting Esports Players (professional Esports athletes). We reserve the right to modify or cancel Contest(s) at any time without notice to You.
Winning a Fantasy Esports Contests is determined by Your ability to use Your skill and knowledge of relevant professional Esports information and fantasy Esports Rules to accumulate the most fantasy Points. Fantasy Points are accumulated through the aggregated performance of individual Esports Players across multiple Esports Events.
Draft Rules, Player rankings, Entry Fees and Scoring Systems may differ from Contest to Contest. Each of Our Contests are governed by specific Rules, as may be modified from time to time, which are set forth under the Contest Rules, and are incorporated into these Terms by this reference. You may review Contest information specific to the Contest by clicking on the ‘Contest Info’ button of the applicable Contest page. Various promotional offers may be offered to You from time to time and are subject to additional terms and conditions which are set forth under the Promotional Terms and Conditions and are incorporated into these Terms by this reference. You have the responsibility to review the Contest Rules and Promotional Terms and Conditions prior to participating in any Fantasy Esports Contest, and to review the Contest Rules and Promotional Terms and Conditions regularly for any changes. You agree to abide by the then-current rules for the Contest(s) in which You participate. Your failure to follow the then-current rules for the Contest(s) in which You participate will result in Your immediate and automatic forfeiture of the Contest(s), and We reserve the right to immediately suspend or terminate Your access to the Services.
Picklebet is not affiliated with or sponsored by any Esports league.
5.2. Entry Fees and Payment
Picklebet may offer Fantasy Esports Contests that will require an Entry Fee, which will be listed in U.S. Dollars (“USD”). The Entry Fee may vary from Contest to Contest. It is Your responsibility to know and understand the Rules and required Entry Fees for any given Contest. Upon entering a Roster in a Contest, the Entry Fee will be deducted from the funds in Your respective AUD, USD or EUR Account based on a fixed exchange rate for the specific Contest (AUD:USD, EUR:USD, USD:USD). You may review charges relating to Your Account by viewing the Statements within Your eWallet.
In the event of a dispute regarding the identity of the person submitting an entry into a Contest, the entry will be deemed submitted by the person in whose display name the entry was submitted, or if possession of the display name itself is contested, the name of the Authorized Account Holder. “Authorized Account Holder” is defined as the natural person who is the age of majority in his or her Jurisdiction of residence and who is assigned to an email address by an Internet access provider, online service provider, or other organization (e.g., business, education institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address for registration with the Services.
By inputting a payment method to deposit AUD, USD or EUR and participate in Picklebet Contests, the Authorized Account Holder hereby affirms that the Authorized Account Holder is the lawful owner of the payment method account used to make any deposit(s) or purchase(s). It shall be a violation of these Terms for any Authorized Account Holder to submit payment using any payment method that is not owned by the Authorized Account Holder.
You accept full responsibility of any Contests entered into by Your Account and acknowledge that You have not relied on any statement, representation or advice from Us in deciding whether to enter into a Contest. You also acknowledge that by using the Services and entering into Contests with Entry Fees, You may lose such Entry Fees and this will preclude You from issuing a chargeback on any non-fraudulent transaction. Any participation in which Entry Fees will be paid is at Your sole discretion and risk.
By entering into a Contest, You warrant that You do not know the outcome of the subject matter of the Contest. If You have an interest in an Event, You cannot enter into a Contest that could reasonably be taken to constitute an inducement for a Player in the Event to (i) withdraw from, become disqualified for or fail to participate in the Event; (ii) not participate in the Event to the best of his or her ability; or (iii) to interfere with or jeopardize, contrary to the rules of the Event, the performance of Players in the Event. Additionally, if You have an interest in an Event, You cannot enter into a Contest that could reasonably be taken to constitute an inducement for an official in the Event to not officiate the Event impartially.
We reserve the right to declare as void a Contest or Your entry into a Contest and its associated Entry Fees if, in Our sole discretion, We suspect (i) a User or persons associated with a User unfairly influence the outcome of an Event; (ii) a User is in breach of these Terms, including, without limitation the respective Contest Rules; or (iii) the result of an Event has been directly or indirectly affected by criminal activity.
We reserve the right to cancel or void any Contests, in Our sole discretion which shall be final and binding, if in Our reasonable opinion, there is a manifest error in the subject Contests or a technological failure occurred within the subject Contests.
5.3. Live Statistics
To the extent that live statistics are offered during gameplay, all such statistics and other information provided through the Services are unofficial. Live Esports statistics and their respective components are offered for entertainment purposes only. While We use reasonable efforts to provide accurate and real time information, We do not represent or warrant that the live statistics and other information provided through the Services are accurate or up-to-date. You acknowledge and agree that We shall not be responsible or liable for the availability, accuracy or usefulness of any live statistics or information provided through the Services or for any errors or omissions related thereto.
5.4. Results and Winners
After each Fantasy Esports Contest ends, the Contest state will adjust from ‘Live’ to ‘Confirming’, with the projected winners visible on the Contest Leaderboard. However the Contest remains subject to final verification prior to the Contest state reverting to ‘Completed’.
Winners are based on the results as of the time final Points are tabulated by Picklebet and the Contest state is set to ‘Completed’. The results and winners of each Contest offered on the Services will be determined by Us at Our sole discretion and such determinations are final. We will utilize Esports statistics provided by 3rd party providers to make such determinations.
Once Contests are Completed by Picklebet, the Points will not be changed in light of official adjustments made by the professional Esports leagues, though We reserve the right to make adjustments based on errors or irregularities in the transmission of information to Us from 3rd party providers or in Our calculation of Points. We also may make adjustments in the event of noncompliance with the Terms. Picklebet has no obligation to delay the awarding of a Payout in anticipation of any adjustment, but We reserve the right to reverse Payouts in the event of any adjustment. By registering an Account and/or participating in any Fantasy Esports Contest, You agree to be bound by these determinations and agree to cooperate with Our efforts to reverse Payouts.
5.5. Contest Prizes
The Users in each Fantasy Esports Contest who accumulate the most fantasy Points and comply with eligibility requirements and applicable Contest Rules will win prizes as set out in the posted Prize Pool Splits. In the event that two or more User’s Rosters finish on the same Points total in a Completed Contest, the Payout for those places will be calculated by adding the Prize Pool Splits for those places together and dividing equally among those Users. Picklebet offers a number of different types of Fantasy Esports Contests. For each Contest, We announce the Entry Fee and potential Prize Pool in advance on the Contest page. For a summary of Entry Fees and potential Prize Pools for Pending Contests please visit the Lobby.
No substitution or transfer of prize is permitted except at Our sole discretion. All prizes are awarded AS IS and WITHOUT WARRANTY OF ANY KIND, express or implied, (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose) by Us. If any legal authority challenges the award and/or Your receipt of a prize for winning a Contest on the Site, We reserve the right to revoke, cancel, suspend, substitute, or modify the award of such prize.
All AUD, USD and EUR Payouts will be deposited directly into Your Account. Any amounts that are mistakenly credited as a Payout to Your Account remain Our property and will automatically be debited from Your Account upon confirmation of the error. Any Payouts mistakenly credited to Your Account that have been withdrawn by You before confirmation of the error will constitute a debt owed by You to Us in the amount of such wrongfully attributed Payout.
It is the policy of Picklebet, in compliance with United States Internal Revenue Service regulations, to send an IRS Form 1099 or other appropriate form to any Resident of the United States of America who wins in excess of six hundred dollars ($600 USD) in any given year. Depending on the Jurisdiction in which You reside, Picklebet may also send You additional, similar tax forms. However, You remain solely responsible for paying all federal and other taxes in accordance with the laws that apply in Your state, province, and/or country of residence.
5.6. Affidavit of Eligibility
If You are eligible for a prize, You may be required to execute and return an affidavit of eligibility, a copy of Your driver’s license, a liability release and, where lawful, a publicity release within seven (7) days of issuance. If such documents are not returned within the specified time period, or if You are not in compliance with these Terms, the prize will be forfeited and may be awarded to another potential winner at Our discretion.
5.7. Collusion, Cheating and Fraud
If You suspect that any User or third party may be cheating by undertaking one of the following reportable actions listed below, You must report such activity to Our Customer Support Team by sending an email to firstname.lastname@example.org, with the subject heading “Cheating” as soon as reasonably practicable. Reportable actions include, without limitation,
(i) colluding with other third parties;
(ii) using unfair external factors or influences;
(iii) entering into Contests through unauthorized methods;
(iv) undertaking fraudulent activities to their advantage and the disadvantage of other Users; or
(v) using multiple Accounts.
Such activities are prohibited and We will take all reasonable steps to investigate any such complaints and, where possible, prevent such activities. We shall not be held liable for any form of loss sustained by You as a result of any of the prohibited activities or any other unlawful activity of persons using the Services.
We reserve the right to terminate Your Account, withhold the balance of Your Account, and recover from Your Account the amount of any affected payouts if:
5.7.1. You are found or suspected to be participated in any form of collusion or fraudulent practice;
5.7.2. We become aware that You have invalidly requested a chargeback;
5.7.3. You become bankrupt or have equivalent proceedings occurring anywhere in the world;
5.7.4. You have more than one (1) Account at any one time;
5.7.6. At Picklebet’s sole discretion.
We reserve the right to recover from Your Account the amount of any affected Payouts and/or recover those sums from You if they have been withdrawn, in the event that You have participated in any form of collusion or fraudulent practice, regardless of Your knowledge or innocence. Picklebet shall not be held liable for any consequences that arise from Your use or misuse of the Services.
5.8. Suspicious Activity
If We become aware or suspect that a transaction is suspicious and involves or may involve financial crime or similar activity then We reserve the right to retain the amount of that transaction and any other transaction made by You. In addition, We reserve the right to retain any funds related to that activity and the balance on the Accounts in question, in order to disburse them to the relevant authorities. We shall be under no obligation to provide You with any reasons for these actions. If the activity and transactions are cleared of any suspicions all retained funds will be made available to You.
Where We suspect that You are participating in any form of collusion, fraudulent practices or money laundering activities, We reserve the right to report such activity to the relevant authorities and regulators, online service providers, banks, credit card companies, electronic payment providers or other financial institutions including details of Your identity and You agree to cooperate fully with Us to investigate any such activity.
6. Account Deposits, Purchases and Withdrawals
6.1. Deposits and Purchases
To participate in certain Fantasy Esports Contests or Bets, You will be required to deposit AUD, USD or EUR into Your Account, by any of the methods permitted, and You may only participate in certain Contests if You have sufficient funds to cover the full Entry Fee, or place Bets if You have sufficient funds to cover the full Stake. Such funds will be deposited into Your Account upon actual receipt of the funds by Us and/or Our agents. You agree to assist Us in verifying Your Account within fourteen (14) days of the establishment of Your Account, where required. Any Account not verified within fourteen (14) days may be subject to automatic closure.
Minimum and maximum limits are applied to Your deposits into Your Account, depending upon Your history with the Services, Your profile, capability to pay, the method of deposit or purchase, and other factors as determined solely by Us, and the Customer Support Team may request additional identification documents from Users as part of this process. We are not a bank and funds are not insured by any governmental agency. In consideration for Your use of the Services, You irrevocably transfer and assign to Us any ownership right that You may have in any interest that may accrue on funds maintained in Your Account. This assignment applies only to interest earned on Your funds, and does not grant Us any ownership right to the principal of the funds You maintain in Your Account with Us, subject to these Terms. All payments into Your Account must be from a payment source on which You are the named account holder.
Depending on Your selected method of payment, fees may be payable by You as a result of depositing funds into Your Account, and will be treated as an independent charge by the relevant payment or network provider, for which You accept full responsibility. Please note that we do not store Your Credit or Debit Card number. It is passed straight through to Our PCI-DSS Compliant Payment Service Provider, where it is securely stored.
Picklebet reserves the right to raise queries to You regarding the source of any AUD, USD or EUR deposited into Your Account, as is required by anti-money laundering regulations, and You agree to cooperate with Us regarding such inquiries. We may suspend or terminate Your Account if Your provided answers, or lack thereof, are unsatisfactory at Our sole discretion.
You may only make deposits into Your Account, for the purpose of using the Services and We reserve the right to suspend or terminate Your Account in the event that We, in Our sole discretion, suspect that You are using Your Account for other purposes. In such an event, We reserve the right to impose a five percent (5%) handling fee, to be deducted from any withdrawals to cover administration time and all charges associated with the relevant deposits or purchases.
Picklebet maintains segregated User bank accounts which at all times have sufficient funds to cover all monies owed by Picklebet to its Users. Picklebet will maintain funds in User Accounts as required by law.
6.2. Bonuses and Promotions
From time to time, Picklebet may offer bonuses to newly depositing or purchasing Users and for other marketing purposes. Any bonuses and/or promotions are subject to their respective terms and requirements and the Promotional Terms and Conditions. In the event of abuse of the bonus system by any User, Picklebet reserves the right to retract the User’s bonuses as they deem appropriate.
You may request a withdrawal of funds from the available account balance in Your Account at any time subject to these Terms and upon verification of Your identity and eligibility. To be eligible to withdraw any funds related to a promotional offer, You must have complied with the Promotional Terms and Conditions associated with such offer. Upon receipt/use of promotional funds You are bound by the promotion’s Promotional Terms and Conditions.
It is a requirement that you turnover any deposited funds at least once before withdrawal. Turning over funds requires you to place Bets, or enter into Contests, with the funds you have deposited. Only the portion of the Bet Stake, or Entry Fees, that are funded from your available balance will count towards meeting the Turnover requirements. Promotion funds are not included.
Additionally, Account holders with pending deposits must wait until those funds clear before requesting a withdrawal. You must be a named account holder on any bank account, and / or registered holder of any digital address, associated with Your Account. The processing of requested funds back to Your registered account may take up to five (5) business days; provided, however, Picklebet reserves the right to freeze Your Account and/or delay a request for withdrawal of funds pending completion of any investigation of reported or suspected abuse by a User requesting withdrawal of funds. Withdrawals of funds will display on Your bank statement as “Puntaa Pty Ltd”. If You do not receive Your withdrawal within five (5) business days, please send an email to email@example.com, with the subject heading “Fund Withdrawal.”
Depending on Your selected method of withdrawal, fees may be payable by You as a result of withdrawing funds from Your Account and will be treated as an independent charge by the relevant payment provider, for which You accept full responsibility. These fees, if applicable, will be made clear to You when withdrawing funds from Your Account.
As previously noted, You may only make deposits into Your Account for the purpose of using the Services and We reserve the right to suspend or terminate Your Account in the event that We, in Our sole discretion, suspect that You are using Your Account for other purposes. In such an event, We reserve the right to impose a five percent (5%) handling fee, to be deducted from any withdrawals to cover administration time and all bank charges associated with the relevant deposits.
Accounts may require verification by us prior to any withdrawal. We reserve the right to require You or Your financial institution (if applicable) to submit verification of identification to ascertain the validity of a withdrawal request and Your identity. Withdrawal payments will not be made until such verification is received.
If Your Account is closed by Us for a violation of the Terms, We reserve the right to determine whether to declare as void any transaction(s) placed by You and Your deposits and winnings may be voided and not returned to You. In such an event, We use these funds to defray the costs of administration and enforcement of the Terms.
All deposits and withdrawals will be denominated in a Users respective default currency (AUD, USD, EUR), unless otherwise expressly stated.
6.5. Dormant Accounts
A “Dormant Account” is any Account which, for twelve (12) consecutive months or more, has not (i) received any deposits or made any purchases; (ii) had funds withdrawn; or (iii) had a Contest Entry Fee or Bet Stake debited from it. A Suspended Account will be deemed a Dormant Account after twelve (12) consecutive months from the date such Account was suspended, closed or self-excluded.
In addition to Available Funds in a Dormant Account, any monetary rewards, incentives or promotional funds given to an Account shall be revoked by Picklebet, in full when an Account is deemed a Dormant Account. We reserve the right to impose on the last day of each month a handling fee of ten dollars ($10 AUD) per month for each Dormant Account, which will be deducted in arrears at any time within ten (10) business days of the subsequent month together with an annual handling fee of fifty dollars ($50 AUD) per year due on December 31st of each calendar year.
7. Third-party Payment Processors
8. Limited License to use the Picklebet Application
8.1. License Grant
Subject to the terms and conditions of this Agreement, Picklebet grants Users a limited, non-exclusive and nontransferable license to:
(i) download, install and use the Picklebet Application solely in connection with the Services on a mobile device owned or otherwise controlled by Users (“Mobile Device”) strictly in accordance with this Agreement; and
(ii) access and use the Services made available in or otherwise accessible through the Picklebet Application strictly in accordance with this Agreement.
8.2. License Restrictions
Users acknowledge and agree that Users shall not:
8.2.1 Copy the Picklebet Application, except as expressly permitted by this license;
8.2.2. Modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Picklebet Application;
8.2.3. Reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Picklebet Application or any part thereof;
8.2.4. Remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Picklebet Application, including any copy thereof;
8.2.5. Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Picklebet Application or any features or functionality of the Picklebet Application, to any third party for any reason, including by making the Picklebet Application available on a network where it is capable of being accessed by more than one (1) Mobile Device at any time;
8.2.6. Remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the Picklebet Application; or
8.2.7. Use the Picklebet Application in a manner prohibited by applicable laws or regulations, including, without limitation, in connection with any form of unlawful gaming.
8.3. Reservation of Rights
Users further acknowledge and agree that the Picklebet Application is provided under license, and not sold, to Users. Users do not acquire any ownership interest in the Picklebet Application under this Agreement, or any other rights thereto other than to use the Picklebet Application in accordance with the license granted, and subject to all terms, conditions and restrictions, under this Agreement. Picklebet and its licensors and service providers reserve and shall retain their entire right, title and interest in and to the Picklebet Application, including all copyrights, trademarks and other intellectual property rights therein or relating thereto, except as expressly granted to Users in this Agreement.
8.4. Export Regulation
The Picklebet Application may be subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations. Users shall not, directly or indirectly, export, re-export or release the Picklebet Application to, or make the Picklebet Application accessible from, any jurisdiction or country to which export, re-export or release is prohibited by law, rule or regulation. Users shall comply with all applicable federal laws, regulations and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing or otherwise making the Picklebet Application available outside of the United States.
8.5. Apple Disclaimers
Users acknowledge and agree that this Agreement is solely between Users and Picklebet only, and not with Apple Inc. (“Apple”). Users further acknowledge and agree that:
8.5.1. Apple and its subsidiaries are third party beneficiaries under this Agreement and that, upon Your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions of this Agreement against Users as a third party beneficiary thereof.
8.5.2. Apple has no responsibility for the iOS Picklebet Application or any included content.
8.5.3. In the event of any failure of the iOS Picklebet Application to conform to any applicable warranty, Users may notify Apple, and Apple will refund the purchase price for the iOS Picklebet Application to Users (if any). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iOS Picklebet Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty.
8.5.4. Apple is not responsible for addressing any of Your claims or those of any third party relating to the iOS Picklebet Application or Your possession and/or use of the iOS Picklebet Application, including, without limitation: (i) maintenance and support; (ii) product liability claims; (iii) any claim that the iOS Picklebet Application failed to conform to any applicable legal or regulatory requirement; and (iv) claims arising under consumer protection or similar legislation.
8.5.5. In the event of any third party claim that the iOS Picklebet Application or Your possession and use of the iOS Picklebet Application infringes that third party’s intellectual property rights, Apple will not have any responsibility for the investigation, defense, settlement and discharge of such claim.
8.6. Google Disclaimers
Users acknowledge and agree that this Agreement is solely between Users and Picklebet only, and not with Google, Inc. (“Google”). Users further acknowledge and agree that:
8.6.1. Google and its subsidiaries are third party beneficiaries under this Agreement and that, upon Your acceptance of this Agreement, Google will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions of this Agreement against Users as a third party beneficiary thereof.
8.6.2. Google has no responsibility for the Picklebet Application or any included content.
8.6.3. In the event of any failure of the Android Picklebet Application to conform to any applicable warranty, Users may notify Google, and Google will refund the purchase price for the Android Picklebet Application to Users (if any). To the maximum extent permitted by applicable law, Google will have no other warranty obligation whatsoever with respect to the Android Picklebet Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty.
8.6.4. Google is not responsible for addressing any of Your claims or those of any third party relating to the Android Picklebet Application or Your possession and/or use of the Android Picklebet Application, including, without limitation: (i) maintenance and support; (ii) product liability claims; (iii) any claim that the Picklebet Application failed to conform to any applicable legal or regulatory requirement; and (iv) claims arising under consumer protection or similar legislation.
8.6.5. In the event of any third party claim that the Android PicklebetApplication or Your possession and use of the Android Picklebet Application infringes that third party’s intellectual property rights, Google will not have any responsibility for the investigation, defense, settlement and discharge of such claim.
8.6.6. Your use of Android Picklebet Application must comply with Google’s then-current Android Market Terms of Service.
9. Other Intellectual Property Rights
9.1. Copyright Information and Personal & Non-Commercial Use Limitation
Content within the Services, including, without limitation, any technology, software products, accounts, names, logos, graphics, music, and virtual goods are owned and/or licensed by Picklebet and are protected by international copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. Picklebet does not claim ownership of intellectual property owned by third parties.
Except as expressly permitted by this Agreement, Users must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any material available through the Services. In addition, Users must not:
9.1.1.Modify copies of any materials available through the Services;
9.1.2. Reprint or electronically reproduce any content available through the Services, in whole or in part;
9.1.3. Provide copyrighted or other proprietary content to Picklebet or make such content available through the Services without permission from the owner of such material or rights;
9.1.4. Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials available through the Services; or
9.1.5. Access or use for any commercial purposes any part of or materials available through the Services.
Printing, copying, modifying, downloading, or otherwise using or providing any other person with access to any part of the Services in breach of this Agreement may result in the termination of a User’s Account, prohibition from using the Services, and/or legal action. Content owners may take criminal or civil action against Users for unauthorized use of intellectual property. Users agree to indemnify and hold Picklebet harmless from any unauthorized or illegal conduct by Users or through the use of a User’s Account, via the Services.
9.2. Notice and Procedure for Making Claims under the Digital Millennium Copyright Act
The Digital Millennium Copyright Act (“DMCA”) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If an individual believes that their copyrighted work has been copied without their authorization and is available within the Services in a way that may constitute copyright infringement, he/she may provide notice of their claim to Picklebet’s designated agent listed below. For notice to be effective, it must include the following information:
9.2.1.A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
9.2.2. A description of the copyrighted work that You claim has been infringed;
9.2.3. A description of where the allegedly infringing material is located within the Services;
9.2.4. Information reasonably sufficient to permit Picklebet to contact the complaining party, such as address, telephone number, and, if available, an email address at which the complaining party may be contacted;
9.2.5. A statement that You have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
9.2.6. A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Picklebet's Designated Agent is:
Name: Picklebet Customer Support Team
Address: PO Box 458, Fortitude Valley, QLD, Australia, 4006
Picklebet;s designated agent should be contacted only if an individual believes that their work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring within the Services. All other inquiries to the designated agent will not be answered.
Picklebet owns or is in the process of registering trademarks for its many goods and services, including, without limitation, “Picklebet” and the associated graphics, logos and service marks and may not be used without prior written consent of Picklebet. All other trademarks, product names, and company names and logos appearing within the Services are the property of their respective owners.
9.4. Rights of Publicity
By participating in a Fantasy Esports Contest or Bet via the Services, You agree to the use by Picklebet of Your display name, avatar, photograph(s), likeness, statements, biographical information, voice and city and state address for advertising and promotional purposes for that Contest and/or other Picklebet Contests, worldwide, and in perpetuity, in any and all forms of media, now known or hereafter devised without compensation, review or approval rights, notification or permission, except where prohibited by law.
We reserve the right to make public statements about the entrants and winner(s), on-air, on the Internet, or otherwise, prior to, during, or following a Fantasy Esports Contest or Bet. You agree that We may announce any winner's name on-air or on the Services at any time in connection with the marketing and promotion of Picklebet.
9.5. Ideas and Inventions
All comments, feedback, suggestions, ideas, and other submissions (“Ideas”) disclosed, submitted, or offered to Picklebet in connection with Your use of the Services shall be the exclusive property of Picklebet. You agree that unless otherwise prohibited by law Picklebet may use, sell, exploit and disclose the Ideas in any manner, without restriction and without compensation to You.
10. Interactive Services and User Content
10.1. Interactive Services
The Services may contain message boards, chat rooms, profiles, forums, bulletin boards, and other interactive features that allow Users to post, submit, publish, display, or transmit to others content or materials (collectively, “User Content”). Users understand and acknowledge that by using the Services, Users may be exposed to User Content that Users may consider to be objectionable and/or inaccurate and that their use of the Services constitutes their acceptance of such risk.
All User Content must comply with the Content Standards set out in Section 10.3 of this Agreement. Any User Content Users post on or through the Services will be considered non-confidential and non-proprietary. By posting any User Content on or through the Services, Users grant Picklebet and its respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, sell, exploit, and otherwise disclose to third parties any such material for any purpose, without restriction, and without compensation to Users. Users represent and warrant that:
(i) Users own or control all rights in and to their User Content;
(ii) Users have the right to grant the license granted above to Picklebet and its respective licensees, successors and assigns; and
(iii) all of their User Content does and will comply with this Agreement.
Users understand and acknowledge that Users are responsible for any User Content they submit or contribute, and Users, not Picklebet, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. User Content becomes public information, can be collected and used by others, and may result in the receipt of unsolicited messages from third parties. Picklebet discourages Users from posting any personal information that can be used to identify or locate Users, such as User addresses, email addresses, or phone numbers.
IF A USER CHOOSES TO POST ANY PERSONALLY IDENTIFIABLE INFORMATION ON OR THROUGH THE SERVICES, SUCH USER DOES SO AT HIS/HER OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PICKLEBET IS NOT RESPONSIBLE OR LIABLE TO ANY PERSON OR THIRD PARTY FOR THE CONTENT OR ACCURACY OF ANY CONTRIBUTIONS POSTED BY ANY USER OF THE SERVICES.
10.2. Monitoring and Enforcement; Termination
Picklebet does not undertake a review of material before it is posted on or through the Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, Picklebet assumes no liability for any action or inaction regarding transmissions, communications, or content provided by any User or third party. Picklebet has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. Picklebet does reserve the right, however, at its sole discretion, to take any of the following actions:
10.2.1. Remove or refuse to post any User Content for any or no reason;
10.2.2. Take any action with respect to any User Content that Picklebet deems necessary or appropriate, including, without limitation, if Picklebet believes that any User Content violates this Agreement, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of other Users or the public or could create liability for Picklebet;
10.2.3. Disclose User identity or other information about Users to any third party who claims that material posted by Users violates their rights, including their intellectual property rights or their right to privacy;
10.2.4. Take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services;
10.2.5. Terminate or suspend access to Your User Account or all or part of the Services for any or no reason, including, without limitation, any violation of this Agreement.
Without limiting the foregoing, Picklebet reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Us to disclose the identity or other information of anyone posting any materials on or through the Services. USERS WAIVE AND HOLD HARMLESS PICKLEBET AND PICKLEBET PROVIDERS (DEFINED BELOW) FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
10.3. Content Standards
User Content must comply with all applicable federal, state, and local laws and regulations. Without limiting the foregoing, User Content must not:
10.3.1.Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
10.3.2. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
10.3.3. Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
10.3.4. Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with this Agreement;
10.3.5. Be intended or likely to deceive any person;
10.3.6. Advocate, promote, or assist any illegal activity;
10.3.7. Be likely to upset, embarrass, alarm, or annoy any other person;
10.3.8. Impersonate any person, or misrepresent the User’s identity or affiliation with any person or organization;
10.3.9. Involve commercial activities, sales, or advertising;
10.3.10. Contain any links without prior written permission from Picklebet; or
10.3.11. Give the impression that it is endorsed by Picklebet or any other person or entity, if this is not the case.
Users agree not to use the Services for any unlawful purpose or for any purpose that is prohibited by this Agreement. Users further agree not to:
11.1. Engage in any illegal activity, or the planning of any illegal activity;
11.2. Threaten, harass, abuse, or otherwise intimidate any User(s);
11.3. Post or transmit, or cause to be posted or transmitted, any content that is infringing, libelous, defamatory, abusive, offensive, obscene, pornographic or otherwise violates the law or the rights of Picklebet, its Users, or any third party;
11.4. Use the Services for any purpose other than that which is authorized in this Agreement or in a manner that violates any laws including intellectual property laws;
11.5. Seek to or in any way assist others in obtaining Account, password, or personal information from any User(s);
11.6. Create a false identity, impersonate another person, or otherwise attempt to mislead any person as to the identity or origin of any communication;
11.7. Send or cause to be generated any unwanted email to any User(s);
11.8. Send or cause to be generated any unwanted messages in interactive services;
11.9. Inflict or cause to be inflicted in any manner whatsoever software viruses or any other code designed to interrupt, destroy, limit, or otherwise affect the functionality of any software or hardware or telecommunications equipment associated directly or indirectly with the Services;
11.10. Employ any automated means, including, without limitation, bots, scrapers, or spiders to access or participate in the Services for any purpose;
11.11. Using any unauthorized programs that interact with the software in any way for any purpose, including, but not limited to intercepting, emulating, or redirecting any communication, or collecting information or reading memory used by Picklebet;
11.12. Improperly using support or complaint features of the Service or making false reports to Picklebet;
11.13. Using any artificial means to alter a User’s position in the Fantasy Esports Contests;
11.14.Selling or transferring an Account or any attributes related thereto;
11.15. Involve commercial activities, sales, or advertising;
11.16. Engaging in any activity to gain an unfair advantage over Picklebet or other Users, or otherwise acting in an unfair manner by exploiting a fault in Picklebet software, by collusion or by any other unfair or illegal methods; or
11.17. Engaging in any other activity deemed by Picklebet to be in conflict with the spirit or intent of this Agreement.
Any use of the Services in violation of the foregoing constitutes a breach of this Agreement and may result in, among other things, Account termination, withholding of the balance of Your Account, recovery of any affected payouts from Your Account, prohibition from using the Services, and/or legal action. Users understand that any attempt to deliberately damage the Services or undermine any Fantasy Esports Contest or Bet may also be a violation of criminal and/or civil laws and Picklebet reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. If Users wish to report any abuses, inappropriate online conduct, or a violation of this Agreement, please forward all evidence of the same to firstname.lastname@example.org, with the subject heading “Violations.” Please report responsibly.
12. Limitations on Warranty and Liability
12.1. Disclaimer of Warranties
Users expressly acknowledge and agree that use of the Services is at their sole risk. Users further acknowledge and agree that the Services are provided on an “AS IS” and “as available” basis. Neither Picklebet nor any of its parents, subsidiaries, affiliates, licensees, licensors, contractors, agents, content providers, vendors, component suppliers (both hardware and software), and/or any third party who provides products or services purchased from or distributed by Picklebet as well their respective officers, directors, members, managers, representatives, agents, employees, investors or the like (collectively “Picklebet Providers”), warrant that services affiliated with Picklebet, including, but not limited to, the Site, the Picklebet Application, and the services offered thereon, will be uninterrupted, error-free, or free of viruses, worms, Trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PICKLEBEt AND THE PICKLEBET PROVIDERS DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. PICKLEBET AND THE PICKLEBET PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, SECURITY OF THE SERVICES, AVAILABILITY OF ANY GOODS, SERVICES OR OFFERINGS OFFERED ON OR THROUGH THE SERVICES, OR THE INFORMATION, CONTENT, SERVICES, MATERIALS OR PRODUCTS, INCLUDED ON OR THROUGH THE SERVICES.
NEITHER PICKLEBET NOR ANY PICKLEBET PROVIDER MAKES A WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, OR SERVICES, PROVIDED ON OR THROUGH THE SERVICES. THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON OR THROUGH THE SERVICES MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. NEITHER PICKLEBET NOR ANY PICKLEBET PROVIDER SHALL BE RESPONSIBLE FOR ANY OPINIONS, VIEWS, ADVICE, STATEMENTS, OR USER CONTRIBUTIONS POSTED ON OR THROUGH THE SERVICES (INCLUDING, WITHOUT LIMITATION, IN ANY INTERACTIVE AREAS OF THE SERVICES) BY ANY PERSON OR ENTITY OTHER THAN AN AUTHORIZED PICKLEBET REPRESENTATIVE.
12.2. Limitations on Liability
NEITHER PICKLEBET NOR THE PICKLEBET PROVIDERS GUARANTEE THE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO THE SERVICES OR ANY ASPECT THEREOF. THE OPERATION OF THE SERVICES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF PICKLEBET AND THE PICKLEBET PROVIDERS. YOU UNDERSTAND AND AGREE THAT NEITHER PICKLEBET NOR THE PICKLEBET PROVIDERS SHALL BE LIABLE TO USERS FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF INCOME, LOSS OF DIRECT OR INDIRECT PROFITS, LOSS OF GOODWILL, LOSS OF DATA, LOSS OF CONTRACTS, ANY LOSS OF MONEY, ANY LOSS OR DAMAGES ARISING FROM OR CONNECTED IN ANY WAY TO BUSINESS INTERRUPTION, LOSS OF USE, OR OTHER INTANGIBLE LOSSES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE (EVEN IF PICKLEBET OR THE PICKLEBET PROVIDERS HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF USER TRANSMISSIONS OR DATA; (III) OPINIONS, VIEWS, ADVICE, STATEMENTS, OR USER CONTRIBUTIONS POSTED ON OR THROUGH THE SERVICES; OR (IV) ANY OTHER MATTER RELATING TO THE SERVICES. YOU UNDERSTAND AND AGREE THAT NEITHER PICKLEBET NOR THE PICKLEBET PROVIDERS SHALL BE LIABLE TO USERS FOR ANY LOSS OR DAMAGES DUE TO VIRUSES THAT MAY INFECT USERS’ COMPUTER EQUIPMENT, MOBILE HANDSET, TABLET, SOFTWARE, DATA OR OTHER PROPERTY RESULTING FROM USERS’ USE OF THE SERVICES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN AND REGARDLESS OF THE FORM OF THE ACTION, PICKLEBET ’S LIABILITY TO USERS FOR ANY CAUSE WHATSOEVER WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY SUCH USER TO PICKLEBET FOR USE OF THE SERVICES DURING THE TERM OF THEIR REGISTRATION, NOT INCLUDING ANY ENTRY FEES FOR FANTASY ESPORTS CONTESTS COMPLETED PRIOR TO THE CIRCUMSTANCES GIVING RISE TO THE CLAIM.
IN THE EVENT THAT A USER RESIDES IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SOME OF THE LIMITATIONS ABOVE MAY NOT APPLY TO SUCH USER.
13. Picklebet Services, Maintenance and Right to Terminate
Picklebet conducts maintenance work on its systems from time to time primarily for the purpose of ensuring security and integrity. A portion, or sometimes all, of the features of the Services will not be available during maintenance periods. If possible, Users will be notified of maintenance periods in advance, however, Users hereby agree that Picklebet may update the Services with or without notifying Users. Picklebet also reserves the right to modify or discontinue operation of any aspect of the Services at any time, including, without limitation, the availability of the Picklebet Application, Site, or any features or content thereon, including without limitation the offering of Fantasy Esports Contests or Bets. Picklebet may also impose limits on certain features and offerings or restrict access to parts or all of the Services with or without notice to Users and without liability to Users or any third party.
You may close Your Account and terminate Your right to use the Services at any time by sending an email to the Customer Support Team via email@example.com, with the subject heading “Account Closure”. Upon receipt of Your email, the Customer Support Team will respond within a reasonable time to confirm the closure of Your Account, however, You accept full responsibility for all activity on Your Account until such confirmation has been given to You by Us. We will use Our reasonable efforts to close Your Account within seven (7) business days.
Any remaining amounts in Your Account (excluding any rewards, incentives or promotional funds) at the time of Account closure will be deposited into the bank account and/or digital address registered with Your Account upon confirmation of the verification of Your identity and account / digital address details by the Customer Support Team via email. In the event You place in a Contest after confirmation of Your Account closure, You will be notified by email and any funds won by You will be deposited into the bank account and/or digital address registered with Your Account or other nominated account / digital address upon confirmation of the verification of Your identity and account / digital address details by the Customer Support Team via email.
If You close Your Account, Picklebet reserves the right to collect fees, surcharges, or costs incurred before closing the Account. Picklebet may suspend or terminate Accounts, confiscate any Account balances in accordance with applicable law, refuse any and all current or future use of the Services (and access to all related entitlements), and/or terminate Users’ limited license to the Picklebet Application at any time, without notice, and for any reason, including, without limitation, for violation of this Agreement, illegal or improper use of an Account, or illegal or improper use of the Services. In the event that a User’s Account is terminated or cancelled, the User will have no further access to their Account or anything associated with it. If a User’s Account is terminated by Picklebet , We reserve the right to determine whether to declare as void any transaction(s) placed by such User. Picklebet also reserves the right to refuse to maintain an Account for, and provide the Services to, any individual.
All problems encountered during the use of the Services, including those with regard to User Accounts, etc., can be reported to Picklebet when the problem is encountered by sending an email to the Customer Support Team via firstname.lastname@example.org, with the subject heading “Assistance Request”. If Your Account is subject to a suspension or termination, You must respect the restrictions and limitations imposed on Your Account as part of the suspension or termination, and You should communicate with the Customer Support Team regarding restoration of Your Account by sending an email to email@example.com, with the subject heading “Suspended Account”.
14. Third Party Advertising
15. California Consumer Notice
As required by California Code Section 1789.3, this notice is to advise Users that (i) the Services are provided by Picklebet at PO Box 458, Fortitude Valley, QLD, Australia, 4006, and that (ii) a fee may be charged for certain offerings, including, without limitation, in connection with Services. Picklebet reserves the right to change the amount of any fee or charge and to institute new fees or charges, effective on reasonable notice to Users. If Users have a complaint regarding the Services or desire further information on use of the Services, please contact the Customer Support Team via firstname.lastname@example.org. Users may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at Department of Consumer Affairs, Consumer Information Division, 1625 North Market Boulevard, Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
16. Privacy and Data Collection
17. General queries
For general queries related to Picklebet , visit our FAQ page, which lists a range of answers to common questions.
17.2 Contact Us
If the FAQs do not provide an answer to Your query, the Customer Support Team would love to hear from You. Please reach out by sending us an email at email@example.com or filling out the ‘Contact Us’ form on the Q&A page with the following information:
- Your Name;
- Your Email; and
- The query or issue we can assist You with.
The Customer Support Team will endeavor to:
- Provide an initial response to Your query or complaint within two (2) business days, and
- Investigate and attempt to resolve Your query within ten (10) business days or such longer period as is necessary and notified to You by our team member.
17.3. Support within the Services
If You have the Picklebet Website / Application open, You can access both the FAQ and Contact Us functions, allowing You to get answers to Your queries immediately within the Services.
18. Complaints and dispute resolution process
PLEASE READ THIS SECTION CAREFULLY AS IT MAY SIGNIFICANTLY IMPACT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Users agree to work with Picklebet in good faith to resolve any dispute, controversy, disagreement or claim (“Dispute”) arising out of or relating to this Agreement or their use of the Services before escalating to binding arbitration or litigation, as addressed below. The following steps are available to players:
18.1. Initial Dispute Resolution
Users must give Picklebet an opportunity to resolve the Dispute by sending an email to firstname.lastname@example.org, with the subject line “Dispute” or mailing Picklebet Australia, Attn: Customer Support Team, PO Box 458, Fortitude Valley, QLD, Australia, 4006. The written notification of Dispute must include: (i) the User’s name and email address; (ii) a written description of the Dispute; and (iii) a description of the specific relief the User seeks. The parties agree to use their best efforts to resolve Disputes using this Initial Dispute Resolution process.
18.2. Escalate to Management
Should You be in any way dissatisfied with the resolution provided by the Customer Support Team regarding Your query, dispute or complaint, You can request that the matter be escalated to a member of our Management Team. Once received our Management Team will personally review and respond to Your query, dispute or complaint. Please allow up to three (3) business days for a response.
18.3. Binding Decision
18.3.1. Non-U.S. Residents
126.96.36.199. Gaming disputes
Should a non-U.S. User be in any way dissatisfied with the resolution provided by the Management Team regarding the Dispute, the non-U.S. resident can escalate the Dispute to the Northern Territory Racing Commission (“NTRC”) for final assessment and determination. The non-U.S. User may contact the NTRC directly:
ii. Via Post addressed to Disputes, GPO Box 1154, Darwin, Northern Territory. This may result in parties to the dispute being summoned to appear and give evidence before the NTRC, with the NTRC’s decision on the matter final and conclusive.
A dispute must be lodged with the NTRC within fourteen (14) days of the Dispute arising. The decision of the NTRC is final and binding on You and Us.
188.8.131.52. Other disputes
Should a non-U.S. User be in any way dissatisfied with the resolution provided by the Management Team regarding the Dispute, and either:
i. the non-U.S. User does not wish to escalate the dispute to the NTRC; or
ii. the dispute is of a nature such that the NTRC does not wish to or is unable to hear or resolve the dispute,
then the non-U.S. User may bring an action in a state or federal court located in Queensland, Australia with jurisdiction to deal with the dispute. The laws of the State of Queensland, Australia shall be applied in any litigation proceedings, without regard to principles of conflict of laws. Users further agree to accept service of process by mail.
18.3.2. U.S. Residents
184.108.40.206. Binding Arbitration
Should a U.S. User be in any way dissatisfied with the resolution provided by the Management Team regarding the Dispute or in the event that the parties are unable to resolve the Dispute within thirty (30) days of Picklebet’s receipt of the User’s written notification, then either party may initiate binding arbitration as the sole means to resolve the Dispute, subject to the terms set forth below. Specifically, all Disputes arising out of or relating to these Terms (including its formation, performance and breach), the parties’ relationship with each other and/or a User’s use of the Services shall be finally settled by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the AAA, excluding any rules or procedures governing or permitting class actions.
The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all Disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
Each party shall bear its own costs in connection with any arbitration proceedings. The parties shall equally share the fees of the arbitration and the arbitrator. The Commercial Arbitration Rules governing the arbitration may be accessed at www.adr.org or by calling the AAA at 1-(800)-778-7879.
The parties further agree that arbitration shall be initiated in Las Vegas, Nevada and to submit to the personal jurisdiction of any federal or state court in Las Vegas, Nevada in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
220.127.116.11. Class Action Waiver
The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. USERS AND PICKLEBET AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN THEIR INDIVIDUAL CAPACITIES AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
18.104.22.168. Exception - Litigation of Intellectual Property and Small Claims Court
Notwithstanding the parties' decision to resolve all disputes through binding arbitration, either party may bring an action in a state or federal court located in Queensland, Australia to protect or enforce intellectual property rights. Intellectual property rights include patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights. Either party may also seek relief in a small claims court located in Queensland, Australia for disputes or claims within the scope of that court’s jurisdiction. The laws of the State of Queensland shall be applied in any litigation proceedings, without regard to principles of conflict of laws. Users further agree to accept service of process by mail.
22.214.171.124. 30-Day Right to Opt-Out
YOU HAVE THE RIGHT TO OPT-OUT OF THE BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS SET FORTH ABOVE WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Opt-Out Deadline”). Users may opt-out of these provisions by mailing written notification to Picklebet Australia, Attn: Picklebet Legal, PO Box 458, Fortitude Valley, QLD, Australia 4006.The written notification must include (i) the User’s name and address and (ii) a clear statement that the User does not wish to resolve disputes with Picklebet through binding arbitration. A decision to opt-out of these provisions will have no adverse effect on the User’s relationship with Picklebet. If Users opt-out of these provisions, Picklebet also will not be bound by them. Any opt-out request received after the Opt-Out Deadline will not be valid and Users must pursue their Dispute through binding arbitration or small claims court.
19. General provisions
19.1. Relationship of Parties/No Third Party Beneficiaries
Users agree that no joint venture, partnership, employment, or agency relationship exists between Users and Picklebet as a result of this Agreement or their use of the Services. Users agree not to hold themselves out as representatives, agents, operators, distributors, or employees of Picklebet and Picklebet shall not be liable for any of their representations, acts, or omissions. Users also agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
No failure or forbearance on Picklebet’s part to exercise its rights or insist upon performance of obligations hereunder is to be construed as a waiver or relinquishment of those or any other rights or obligations in that or any other instance; rather, the same shall remain in full force and effect.
If any provision of this Agreement is deemed unlawful, void, or for any reason unenforceable, such provision shall be narrowed in scope or otherwise amended to the extent necessary to make such provision lawful, valid and enforceable while as nearly as possible reflecting the intent of the parties as expressed in this Agreement, or, if such amendment is impossible, severed from this Agreement. No amendment or severing of any provision of this Agreement shall affect the validity or enforceability of any remaining provisions.
Users agree that they shall not circumvent or attempt to circumvent these Terms or the Services or otherwise interrupt or attempt to interrupt the operations of Picklebet (collectively, a “Circumvention Act”). If Picklebet determines, at its sole discretion, that Users have engaged, or attempted to engage, in any Circumvention Act, or to otherwise commit fraud with regard to the Services, then, in such an event, Picklebet reserves the right to institute civil or criminal proceedings against such Users and to report such Users to the relevant regulatory authorities.
Users further agree to indemnify, save, and hold harmless Picklebet and the Picklebet Providers from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of their use or misuse of the Services, any violation by Users of this Agreement, or any breach of the representations, warranties, and covenants made by Users herein. Picklebet reserves the right, at the Users’ expense, to assume the exclusive defense and control of any matter for which the Users are required to indemnify Picklebet, and Users agree to cooperate with Picklebet’s defense of these claims. Picklebet will use reasonable efforts to notify Users of any such claim, action, or proceeding upon becoming aware of it. Users agree that the provisions in this paragraph will survive any termination of their Picklebet Account or of the Services.
19.5. Force Majeure
Picklebet shall not be liable for any delay or failure to perform resulting from unforeseen circumstances or causes outside its reasonable control, including, without limitation, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
Address: PO Box 458, Fortitude Valley, QLD, Australia, 4006
Any notices Users provide that do not comply with this Section 18.6 shall have no legal effect.
19.7. Entire Agreement
20. Responsible Gaming
Picklebet maintains a responsible gaming policy which includes options for Users to impose limitations on themselves or impose self-exclusion.
Picklebet reserves the right to apply default self-limits on Accounts to reduce the risk of problem gaming, these limits are imposed upon
(i) maximum Entry Fee or Stake amount;
(ii) maximum total Entry Fee and Stake amount (periodic);
(iii) maximum deposit amount; and
(iv) maximum deposit amount (periodic) (“Self-Limit Amounts”).
Users may submit a request to adjust the default Self-Limit Amounts within the Service. Upon receipt of a User’s request to reduce any Self-Limit Amounts, they will be implemented immediately. If a User requests to increase any Self-Limit Amounts, the Customer Support Team will assess the User’s request and make a decision, at Picklebet’s sole discretion, to implement or decline the Self-Limit Amounts request. A seven (7) wait period will be imposed on requests to increase Self-Limit Amounts. For more information, please see Our Responsible Gaming Policy available here or send an email to email@example.com, with the subject heading “Responsible Gaming Policy.”
Picklebet offers Users the option of self-exclusion from entering into Contests with Us (“Self-Exclusion”). Self-Exclusion may be temporary or permanent. During the Self-Exclusion period, any funds in the User’s Account will be remitted and the Account will be closed. Users may request Self-Exclusion by sending an email to firstname.lastname@example.org, with the subject heading “Self-Exclusion.” The Customer Support Team will assist such Users with the execution of a Self-Exclusion Notice. During the Self-Exclusion period, Users must not register for another Account, enter into any Contests with their current Account, or otherwise engage in gaming with Picklebet. After the Self-Exclusion period terminates, Users may send an email to email@example.com, with the subject heading “Revoke Self-Exclusion” to reinstate their Account.
21. Governmental Compliance
Picklebet’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Picklebet’s right to comply with governmental, court, and law enforcement requests or requirements relating to use of the Services or information provided to or gathered by Picklebet with respect to such use.
22. Governing Law
By visiting the Site, You agree that the laws of Queensland, Australia will govern these Terms, without giving effect to any principles of conflicts of laws.
The section titles in these Terms are for convenience only and have no legal or contractual effect.
Please visit this page regularly for updates to these Terms.