When certain words and phrases are used in these SWIFTY Terms, they have specific meanings (these are known as “defined terms”). You can identify these defined terms because they start with capital letters. Where a defined term is used, it has the meaning set out below or that is given to it in the section of these terms and conditions where it was defined (you can find these meanings by looking at the sentence where the defined term is included in brackets and speech marks).
“Applicable Law” means all applicable laws, regulations, codes of practice, guidelines, decisions, orders and decrees imposed by law or any competent national or international governmental or quasi-governmental regulatory authority, including all advertising and gambling laws and regulations and data protection legislation.
“Account Holder” is any individual that has successfully registered for and created a SWIFTY Account.
“Force Majeure” refers to any occurrence or condition beyond a party’s reasonable control which leads to a delay or default in the performance of the affected party’s contractual obligation and shall, for the purposes of the SWIFTY Rules, include acts of God, government restrictions (including the denial or cancellation of any necessary licence where such denial or cancellation is made through no fault of the affected party), wars, outbreak of hostilities, riots, civil disturbances, insurrections, acts of terrorism, fire, explosions, floods, theft, malicious damage, strikes, lockouts, pandemics, and/or any other cause beyond the reasonable control of the party whose performance is affected.
“Intellectual Property Rights” are all trademarks, service marks and trade names as well as copyright in images, graphics, text, concepts, methodologies, code and all other intellectual property rights wherever in the world, whether registered or unregistered, including any application or right of application for such rights in or relating to the Services, Software and the material contained in them.
“Payment Solution Provider” is an intermediary acting as a payment agent for customer payments using SKRILL, NETELLER, PAYSAFE and various other providers.
“Regulator” any relevant regulatory authority established by the law of its country to govern the applicable form of gambling in a given jurisdiction.
“Services” are the gaming and betting offers provided by SWIFTY to the Account Holder through the App.
“Software” shall mean all software used by SWIFTY to offer and/or operate the Services and/or the App.
“SWIFTY Account” is an account held by the Account Holder, or you, for bona fide transactions, with a strict aim to establish a normal commercial relationship with SWIFTY and with the strict purpose of conducting betting and other gaming and gambling transactions.
“Website” is the internet gateway accessible through the internet address https://www.swiftypredictions.co.uk and the associated SWIFTY branded app (“App”), where all current and relevant information regarding SWIFTY’s operations is published, and through which the Services are provided to the Account Holders.
3.1 An individual cannot gamble using the Service unless that individual is an Account Holder. To become an Account Holder, an individual must personally submit an application for registration via the App providing the following information:
(a) date of birth;
(b) first and last name;
(c) full residential address;
(d) valid email address and contact number; and
(e) a username and a password.
3.2 An individual applying to become an Account Holder warrants and represents that they are not under the age of eighteen (18) years and over the legal gambling age in their country of residence. Individuals aged under the legal gambling age cannot register and cannot hold a SWIFTY Account. It is an offence to gamble whilst underage.
3.3 As part of the registration process, you will be asked to confirm that you agree to be bound by and comply with the SWIFTY Rules and affirm that you are over the legal gambling age.
3.4 Before you are able to deposit funds into your SWIFTY Account, place any bets and/or access any free to play versions of the Services, SWIFTY is required to verify your name, age, date of birth and address. We may require you to submit scanned copies or photographs of certain identity documents via the App including but not limited to:
(a) Proof of identification
(i) Birth certificate
(ii) Current photo card driving licence
(iv) ID card/ residency certificate
(b) Address verification
(i) Utility bill (dated in last 3 months)
(ii) Council tax bill (dated in last 3 months)
(iii) Bank statement (dated in last 3 months)
(c) Affordability and anti-money laundering checks. We reserve the right to carry out credit and affordability checks on all potential Account Holders. Where an account is flagged as a high money laundering risk, we reserve the right to undertake extended due diligence (or source of wealth enquiries). We may also request scanned copies of bank statements or other supporting documents to confirm that you are authorised to use any payment card that is linked to your SWIFTY Account. We will review any documents provided and if satisfied, we will activate your SWIFTY Account. If we are unable to fully identify you, we will reject your registration and promptly email you to request additional information and/or documentation to help us verify your identity.
(d) We may also request additional information from time to time, in order to ensure that the information that we hold in relation to your identity remains accurate. Please see the FAQ section on our Website for more information about identity verification. A SWIFTY Account must be suspended until we have verified your age and identity.
3.5 HOW YOU MAY USE THE APP, INCLUDING HOW MANY DEVICES YOU MAY USE IT ON
In return for your agreeing to comply with these SWIFTY Terms you may:
(a) download a copy of the App onto your mobile telephone and/or handheld devices and view, use and display the App and the Service on such devices for your personal purposes only; and
(b) receive and use any free supplementary software code or update of the App incorporating “patches” and corrections of errors as we may provide to you.
3.6 YOU MAY NOT TRANSFER THE APP TO SOMEONE ELSE
We are giving you personally the right to use the App and the Service as set out above; you may not otherwise transfer the App or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.
4.1 Once your identity has been verified, your SWIFTY Account will be opened and you will be able to set your deposit limits. We allow you to set daily, weekly or monthly deposit limits which enable you to voluntarily restrict the amount of money that can be deposited into your SWIFTY Account in a given period of time. You may change your deposit limit at any time. Requests to set or tighten the deposit limit will be processed immediately, while requests to increase your deposit limit will be subject to a 24-hour ‘cooling off period’ before being processed and will require you to re-affirm that you still want to increase your limit at the end of this cooling off period. Whilst there is no maximum deposit limit that can be set, we encourage you to set a sensible limit that you are comfortable with.
4.2 In order to deposit funds with SWIFTY in order to place a bet, you will need to send money to us. Deposits and withdrawals can be made using debit cards registered to your name and address only. SWIFTY does not accept credit cards. SWIFTY uses third-party electronic Payment Solution Providers to process all financial transactions. You authorise SWIFTY to instruct its third-party Payment Solution Providers to handle deposits and withdrawals from your SWIFTY Account and agree that SWIFTY may give instructions on your behalf in accordance with your requests, or as a consequence of your SWIFTY activity or status.
4.3 You must be the rightful owner of the money used to make your deposits.
4.4 Each transaction carried out on the App is recorded. For further details see the banking section, accessed via “My Account” within the App.
4.5 If any monies are incorrectly credited to your SWIFTY Account by us whether through a palpable error, wrong odds, system malfunction, IT breakdown or communications error (an “Incorrect Payment”), then you are obliged to notify us immediately. We are entitled to reverse an Incorrect Payment or recover an Incorrect Payment from you if withdrawn by you or improperly used to participate in the Services. We reserve the right to cancel or reverse any winnings you may have to recover an Incorrect Payment. If you use the Incorrect Payment in whole or in part to participate in Services then any bets placed and winnings, if any, will be void.
4.6 All accounts are opened and transacted in USD and Euros only.
4.7 If you engage in any behaviour prohibited under this clause then we reserve the right to close your SWIFTY Account or to limit your participation in the Services.
4.8 Our Services are for your own personal use. Any commercial use of our Services by you is not permitted unless we give our written consent. Commercial use includes, but is not limited to, recreating all or part of our App or creating links to our Website from another website.
4.9 In the interest of fraud prevention, and except where we have approved an alternative method, we will only pay a withdrawal request to the same payment method used to make your deposit.
4.10 If you use a payment method where you are not the account holder then we may treat any deposit into your SWIFTY Account as being invalid, and any winnings arising from those deposits as void, pending the satisfactory completion of all relevant checks.
4.11 Due to administrative costs, the minimum amount you can deposit into or withdraw in any single transaction is 10.00 USD or Euros, unless you are self-excluding from the Services or closing your account.
4.12 Please note that debit card transactions will appear on your billing statements as SWIFTY PREDICTIONS.
4.13 Withdrawals from your account will be processed immediately but monies may take up to 10 working days to reach your bank account, depending on the processing times of your bank or card holder.
4.14 Our regulatory obligations and procedures to prevent money laundering or terrorist financing require us to perform due diligence checks on customers whose gambling activity is flagged as having a higher risk of money laundering. You agree to comply with any due diligence request made by providing information requested promptly. Further information that may be required includes evidence of how your SWIFTY Account is funded (for example: a copy of the payment card used to deposit, bank statements, proof of your earnings and assets). In the event that you are unable to provide this information, we reserve the right to suspend or close your SWIFTY Account in line with our procedures.
4.15 If your SWIFTY Account is used for depositing and withdrawing funds without placing any bets, then your SWIFTY Account may be suspended and the circumstances investigated. In these circumstances, if we have incurred bank charges or other administrative costs then these charges will be deducted from your balance prior to your account being closed.
4.16 If we suspect that you may have cheated or where there is suspicion around the integrity of behaviour then we may withhold payment of any winnings pending the outcome of our investigation into the matter.
5. LICENCE RESTRICTIONS
5.1 By applying to become an Account Holder, you warrant and represent that:
(a) you are a physical person (a legal entity will not be accepted as an Account Holder) and will not use a Virtual Private Network to access the SWIFTY App;
(b) you are responsible for compliance with all Applicable Laws when using the Services, because gambling on the App may not be legal in certain jurisdictions;
(c) (c) you are not a resident of any of the following restricted jurisdictions: Albania, Afghanistan, Antigua and Barbuda, Australia, Belgium, Bulgaria, Cayman Islands, Croatia, Cuba, Cyprus, Czech Republic, North Korea, Denmark, France, French Guyana, French Polynesia, French Southern Territories, Guadeloupe, Germany, Hong Kong, Hungary, Iran, Iraq, Ireland, Israel, Italy, Japan, Kahnawake, Libya, Macau, Martinique, Mayotte, Montenegro, Myanmar, Netherlands, Netherland Antilles, Philippines, Poland, Portugal, Réunion Romania, Russia, San Marino, Saudi Arabia, Serbia, Singapore, South Africa, Spain, Switzerland, Sudan, Syria, Taiwan, Turkey, Uganda, Ukraine, USA and all US territories, Vietnam, Vatican City, Yemen , and/or any other jurisdiction in which gambling is prohibited;
(d) you are not a professional player, official or participant in any sport, competition or league on which SWIFTY offers betting;
(e) you are not restricted by limited legal capacity;
(f) you are not acting on behalf of another party, colluding or cheating;
(g) you are not a compulsive problem gambler, and/or included (whether voluntarily or involuntarily) in any register or database of excluded players;
(h) you will not deposit funds originating from criminal and/or other illegal activities;
(i) you are solvent and will not deposit funds through a card which is not in the name of the Account Holder and/or you will not use a card in a jurisdiction in which betting and/or gaming are prohibited;
(j) you will not conduct criminal activities whereby a SWIFTY Account is directly or indirectly involved;
(k) you will not seek to open more than one SWIFTY Account;
(l) you will maintain your SWIFTY Account details up-to-date in terms of the following: first and last name, address, country of residence, valid email address and phone number;
(m) you will be solely liable to account to the relevant tax authorities in relation to any taxation which may apply to your betting activity on our App;
(n) you will not infringe SWIFTY’s Intellectual Property Rights or those of any third party in relation to its use of the Services;
(o) you will not misuse the Services in any way, including without limitation by hacking;
(p) you will not do anything which hinders the performance of the Services;
(q) you will not take any action to conceal or disguise the IP address of the device you are using to access the Services;
(r) you will not infringe or attempt to infringe the privacy of another Account Holder;
(s) you will not take any action to manipulate artificially the Services, odds, feedback and/or systems for whatever purpose;
(t) you will not upload or transmit any material that is defamatory, offensive or otherwise objectionable when using the Services;
(u) you will not use the Services by automated means or otherwise for the purposes of scraping, extracting or otherwise obtaining any material from the Services for use within a third-party website or application;
(v) you will not collect or harvest any information or data from the Services or SWIFTY’s systems or attempt to decipher any transmission to or from the servers running the Services; and
(w) if you download or stream the App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.
5.2 If SWIFTY identifies you as a person described in any of clause 5.1, SWIFTY reserves the right to close or suspend your SWIFTY Account, return your originally deposited funds and void any winnings arising from such deposits.
5.3 If you apply for an Account, you warrant and represent that any information provided in your application is true and correct. If it is not, SWIFTY will not register your account, or, if SWIFTY only becomes aware of the false information later, SWIFTY will block the relevant SWIFTY Account.
5.4 Any SWIFTY Account that is created using incorrect or misleading information shall not be entitled to any winnings. No winnings will be paid out to non-existent persons or incorrect accounts.
5.5 SWIFTY may use a third-party provider to assess affordability status and may reference credit files to assist if deemed necessary. If you do not wish this to happen then please email firstname.lastname@example.org.
6.1 SWIFTY reserves the right at its own discretion and at all times, to:
(a) decline to open a SWIFTY Account and/or to close an existing SWIFTY Account at our sole discretion;
(b) decline to accept deposits;
(c) deal with bets containing obvious price or terms errors;
(d) cancel the bets even after the end of the event if these bets are won by the Account Holder as a result of a technical failure;
(e) request documents to verify the Account Holder’s identity, in accordance with clause 3.4;
(f) hold and manage funds belonging to Account Holders in accordance with generally accepted guidelines for cash management regarding such funds; this may include a financial institution and/or a Payment Solution Provider being entrusted to hold funds in the name of and/or for the benefit of Account Holders, as approved by the Regulator;
(g) suspend and/or cancel the Account Holder’s use of the Services and/or withhold the return of funds available on a SWIFTY Account and/or refuse to honour a claim (in either case pending final determination of any issue, and following final determination in SWIFTY’s favour), in the event that:
(i) SWIFTY is of the opinion that there are legitimate concerns that a SWIFTY Account is, has been, or may be used for illegal, fraudulent or dishonest practices;
(ii) the Account Holder has breached the SWIFTY Rules;
(iii) the applicable funds have been incorrectly credited to the Account Holder’s SWIFTY Account, credited in error, or are winnings from bets using funds incorrectly credited or credited in error; or
(iv) SWIFTY is required to do so by Applicable Law or to comply with the instructions of any Regulator;
(v) multiple SWIFTY Accounts with different email addresses, and/or different names, etc. have been opened for one individual and/or using the same address, device, contact number, email address and/or Card details; and/or
(vi) the Account Holder is found to have been cheating or the Account Holder has employed or made use of a system (including machines, robots, computers, software or any other automated system) designed to defeat or capable of defeating the App and/or Software. SWIFTY has policies and procedures in place to detect and prevent software programs which are designed to enable artificial intelligence (“AI Software”) to play on its website(s) including but not limited to opponent-profiling, player collusion; robots, other ‘cheating’ software or anything else that in SWIFTY’s reasonable opinion distorts normal game play and enables the player to have an unfair advantage over other players. You acknowledge that SWIFTY will take measures to detect and prevent the use of such programs and AI Software using methods (including but not limited to reading the list of currently running programs on a player’s device) and the Account Holder agrees not to use any AI Software and/or any such programs.
6.2 SWIFTY warrants and represents at all times that it will:
(a) manage funds belonging to Account Holders in a secure and appropriate manner;
6.3 Customer Funds Protection. We hold customer funds separate from company funds in a separate bank account and in reserve funds we hold with our payment processors. These funds are not protected in the event of insolvency: not protected segregation.
6.4 A SWIFTY Account does not accrue interest. The Account Holder shall not treat SWIFTY as a bank.
6.5 An Account Holder can only hold one SWIFTY Account at a time. In the event that this rule is breached, SWIFTY reserves the right to block and/or delete the superfluous SWIFTY Account(s) held by the Account Holder in breach of this clause, and reallocate the funds to the original SWIFTY Account.
6.6 A SWIFTY Account is non-transferable. It is prohibited for players to sell, transfer or acquire accounts from or to other players. Funds cannot be transferred between SWIFTY accounts except in accordance with clause 6.6.
6.7 An Account Holder shall not allow any other individual, including any minor, to use or reuse its SWIFTY Account, access and/or use any material or information from the App, accept any winnings, or access and/or participate in the Services.
7.1 Gambling can be addictive. You acknowledge that there is a risk of losing money when using our Services. You accept that you are fully responsible for any loss you make when using our Services.
7.2 We recognise that for the minority of players gambling can become a problem. Our SWIFTY App contains advice on how to gamble responsibly and also how to recognise any signs that gambling might be becoming a problem for you. In addition, we make a number of gambling control tools available to you to help you manage your gambling with us in a safe manner. We strongly recommend that you read our advice on responsible gambling and familiarise yourself with our gambling control tools which are accessible via App under the “Safer Gambling” section within your “My Account” settings. You can access your account at any time by clicking on the user settings icon when logged into the App.
7.3 We provide:
(a) a link to the deposit limit functionality when you first deposit funds and also in the settings menu;
(b) voluntary deposit limits set on a daily, weekly or monthly basis;
(c) a voluntary cool-off tool that you can use to block access to the App for 24 hours, one week, one month or any such other period as you may request, up to a maximum of 45 days;
(d) a voluntary self-exclusion tool that excludes you for a minimum period of 6 months, up to a maximum of 5 years; and
(e) links to other useful resources such as GAMCARE, a gambling help organisation and GAMANON and GAMAWARE where you can self-exclude from all licensed remote gambling operators.
7.4 During any cool-off or self-exclusion period, you will be unable to log in, deposit funds or gamble with us. Upon self-excluding, we will repay any outstanding balance on your SWIFTY Account to you using the same method of payment as used to deposit funds in the first instance.
7.5 At the end of the self-exclusion period, if you would like to use the App again then you must contact customer services at email@example.com . Requests to reactivate a SWIFTY Account at the end of a self-exclusion period will be subject to a 24-hour waiting period before being processed. Your SWIFTY Account will reactivate automatically on the expiry of any cool-off period.
7.6 We take all reasonable steps to ensure that the self-exclusion procedure is adhered to and we shall take all reasonable steps to ensure that no promotional material is sent to Account Holders who have excluded themselves from playing. However, the Account Holder accepts that we are in no way responsible towards the Account Holder or any third party if they continue to play with any added accounts, in which they have changed any registration details (including cases in which the Account Holder opens a SWIFTY Account with the same details but inserted differently in the registration form).
7.7 We will use our reasonable endeavours to enforce our responsible gambling policies. However we do not accept any responsibility or liability if you continue using our Services with the intention of deliberately circumventing our self-exclusion procedures or ignoring the measures in place or if we are unable to enforce those measures or policies for reasons that are outside of our reasonable control.
7.8 We have a responsibility to monitor your gambling activity and if we consider that you are exhibiting behaviour associated with problem gambling then we may be required to interact with you and in certain circumstances to intervene. An intervention may involve us sending you an email reminding you of our gambling control tools or we may call you directly to confirm that you are comfortable with your current gambling levels. If we have serious concerns then we may suspend your account or we may close your account and/or stop you betting with us if we have significant concerns that you are demonstrating behaviour associated with problem gambling.
8.1 An “Inactive Account” is a SWIFTY Account which has no record of any log-in and/or log-out for a period exceeding twelve (12) consecutive months.
8.2 All Account Holders whose SWIFTY Accounts remain inactive for 12 months will be notified of any balance remaining in their SWIFTY Accounts and will be advised to withdraw any remaining balance. An Account Holder may reactivate their SWIFTY Account at any time by logging back to the App.
8.3 SWIFTY will attempt to refund any balance remaining in Inactive Accounts that have remained inactive for 12 months. In such a case, SWIFTY will first attempt to return the player’s funds to the latest payment method on record that was used for the Inactive Account. If this method of refund is not successful for any reason, SWIFTY will keep the player’s funds securely in a holding account and/or donate small balances to charity, in accordance with the Applicable Laws and guidance and conditions issued by the Regulators.
9.1 You agree not to charge-back, reverse or otherwise cancel any deposits made into your SWIFTY Account. If you chargeback any deposited funds, you will be in breach of these SWIFTY Terms and you will be eliminated from any gambling to which the charge-back of entry fees relates. We may also close your SWIFTY Account and terminate our relationship if you persistently breach this condition. If you have any credit balance with us then you agree that we are entitled to deduct any associated costs e.g. bank charges from your balance.
10.1 An Account Holder may close their SWIFTY Account at any time by contacting SWIFTY’s customer support using the contact details provided in the “Contact us” section on the Website, either by phone or email. Any funds in the SWIFTY Account will be remitted to the Account Holder (subject to any express right to withhold such funds set out in these SWIFTY Terms).
10.2 Should an existing SWIFTY Account be closed, any obligations already entered into will be honoured.
10.3 If SWIFTY withdraws an Account Holder’s right to use the Services, it will refund any surplus funds remaining in the relevant SWIFTY Account (subject to any express right to withhold such funds set out in these SWIFTY Terms).
10.4 In case of account closure, blocking or exclusion, Account Holder’s funds shall be returned automatically to the latest used payment method. Account Holders whose remaining balance held in a closed, blocked or excluded account was not refunded are advised to contact customer support.
10.5 In the case of closure of their SWIFTY Account due to problem gambling addiction or fraud, an individual must not open a new SWIFTY Account. SWIFTY reserves the right to close an account opened in breach of this rule at any point.
11.2 By using the App or any of the Services, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any Services to you.
11.3 Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
This app requires a device to have at least 100 MB of memory and to be running either IOS version 13+ or Android version X+. There is also a web-based version of the application that can be run on either Chrome, Firefox, Safari and Microsoft Edge browsers. SWIFTY supports the last two major versions of the browsers listed.
13.1 Support. If you want to learn more about the App or the Service or have any problems using them please take a look at our support resources at https://www.swiftypredictions.co.uk/how-to-play and https://www.swiftypredictions.co.uk/faq
13.2 Contacting us (including with complaints). If you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason please email our customer service team at firstname.lastname@example.org or through the in built feedback section within the SWIFTY applications.
13.3 How we will communicate with you. If we have to contact you we will do so by email, by SWIFTY GLOBAL (UK) Ltd or by pre-paid post, using the contact details you have provided to us.
14.1 From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App for these reasons.
14.2 If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services.
14.3 The App will always work with the current version of the operating system (as it may be updated from time to time) and match the description of it provided to you when you bought it.
15.1 Certain Services will make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location services settings for the App on the device. If you use these Services, you consent to us and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services.
15.2 You may stop us collecting such data at any time by turning off the location services settings.
16.1 The App or any Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
16.2 You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
(a) immediate, temporary or permanent withdrawal of your right to use our App;
(b) immediate, temporary or permanent removal of any posting or material uploaded by you to the App;
(c) disqualification from the App and cancelation of your right to claim any winnings;
(d) issue of a warning to you;
(e) disclosure of information to law enforcement authorities or third-party complainants as we reasonably feel is necessary or required; or
(f) disclosure of your identity to any third-party who is claiming that any material posted or uploaded by you to our App or Website constitutes a violation of their intellectual property rights, right to privacy or other legal rights.
17.2 The actions described in clause 17.1 are not limited, and we may take any other action we reasonably deem appropriate.
18.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
18.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
18.3 When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
18.4 We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
18.5 Limitations to the App and the Services. The App and the Services are provided for general information and entertainment purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Service. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
18.6 Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service.
18.7 Check that the App and the Services are suitable for you. The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services (as described on the Appstore site) meet your requirements.
18.8 We are not responsible for events outside our control. If our provision of the Services or support for the App or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.
18.9 Nothing in these Terms shall affect your statutory rights (which include, for example, that we will provide our Services to a reasonable standard and within a reasonable time).
We may transfer our rights and obligations under these SWIFTY Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the SWIFTY Terms.
This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing these SWIFTY Terms, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these SWIFTY Terms, or if we delay in taking steps against you in respect of your breach, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
23.1 If you wish to raise any complaint with us about our Services, please email us at email@example.com . We will try to solve any disagreements quickly and efficiently.
23.2 If your complaint cannot be resolved to your satisfaction by our customer support team, you can ask for it to be escalated to a senior manager.
23.3 If following a review of your complaint by a senior manager you remain unsatisfied with the outcome then you can refer the complaint free of charge to the Independent Betting Adjudication Service (IBAS). IBAS will rule on complaints regarding betting and gaming transactions. Please note that IBAS does not handle complaints related to a breach of social responsibility standards or handle complaints regarding the standard of customer service you have received from us.
23.4 IBAS will provide a decision (referred to as a ruling) in respect of any complaint submitted to them within 90 days of the date it is submitted. As a registered operator, we are bound by any ruling made by IBAS up to a value of GBP£10,000. Above this threshold amount, we are entitled to demand that the dispute is heard by a court.
23.5 The contact details for IBAS are set out below. Please note that IBAS will need you to have already contacted our customer support team before they will look at your complaint. Address: Independent Betting Adjudication Service, PO Box 62639, London, EC3P 3AS Telephone: 020 7347 5883 Fax: 020 7347 5882 Email: firstname.lastname@example.org
23.6 If you require any assistance in registering your dispute with IBAS then please contact us at email@example.com .
23.7 We cannot guarantee to deal with complaints that are raised with us in excess of 6 months after the date that the league was settled.
23.8 These Terms are governed and construed in accordance with the laws of England and Wales. Any dispute or difference of any kind arising between us in connection with or arising out of these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.