Sunday, 14th March 2010

Terms and Conditions of Use

Phumelela Gold International Limited (the "Operator") through its website www.betab.com (the "Website") provides a service of acceptance, re-transmission and placement of wagers into the on-track tote pools at all its affiliate race tracks through an Amtote Spectrum Hub operated by the Operator.

These terms and conditions govern the end user customer's (the "Customer") use of the Tote placement service available at the Website provided by the Operator (the "Tote Wagering Service") and the Customer's relationship with the Operator.

The Operator is established in and operates from the Isle of Man and holds an online gambling licence issued by the Isle of Man Gambling Supervision Commission.

The Customer should read these terms and conditions carefully as they affect their rights and liabilities under the law. If the Customer does not agree to these terms and conditions, they should not register for or use the Tote Wagering Service. If the Customer has any questions about these terms and conditions, they should contact support@betab.com.

By opening an account the Customer will be deemed to have read and accepted these terms and conditions which constitute a legally binding agreement between the Operator and the Customer.

Applicability of these terms and conditions

The Tote Wagering Service is provided to the Customer for their personal non-commercial use subject to these terms and conditions. By registering on the Website and/or continued use of the Tote Wagering Service, the Customer agrees to be bound by these terms and conditions. If there is any inconsistency between these terms and conditions and any document incorporated by reference, these terms and conditions will prevail.
Amendments to these terms and conditions

The Operator reserves the right to amend or change these terms and conditions as well as any of its rules, policies or procedures at any time without prior notice and any amendments will be published on the website. It is the Customers responsibility to be fully aware of these terms and conditions and the Operators rules policies and procedures before placing a wager.

The Customer's continued use of the Tote Wagering Service will be deemed to be their acceptance of any changes to these terms and conditions.
Registration and use of the Customer's account

To register for an account to use the Tote Wagering Service (an "Account"), the Customer must be over eighteen years of age.

The Customer must ensure that the details provided by them on registration (or at any time after that) are correct and complete and must keep these details up to date.

A Customer wishing to place a wager on the Tote Wagering Service should note that there may be specific laws in their country, place of residence, or the place where the Customer accesses the Tote Wagering Service which prohibits gambling. It is the Customer's responsibility to ensure compliance with their applicable local or national laws before registering for an Account and/or before placing wagers on the Tote Wagering Service. The Customer warrants to the Operator that they will not access the Tote Wagering Service from within a jurisdiction that prohibits gambling.

When the Customer registers their Account on the Website, an account number and pin number will be auto generated. In order to prevent fraud, the Customer must keep these details confidential and not disclose or share them with anyone.

If the Operator has reason to believe that there is likely to be a breach of security or misuse of the Tote Wagering Service, it may require the Customer to change their pin number or it may suspend the Customer's Account.

A Customer's Account is for the personal use of that Customer only and is not transferrable. The Customer must not allow any other person or third party (including, without limitation, any minor) to use their Account or place a wager or accept any prize on their behalf and the Operator reserves the right to void any wager if it believes this clause to have been breached.

The Customer is solely responsible for all use of the Tote Wagering Service through their account and pin number. Unless caused by the Operator's negligence, any unauthorised use of the account and pin number shall be the Customer's sole responsibility and deemed the Customer's use. The Customer will therefore be liable for any such unauthorised use and will not be refunded any resulting losses on the Tote Wagering Service, regardless of whether or not the third party who participated had the Customer's consent.

If an Account is inactive for 24 months or longer, the Operator reserves the right to cancel the Account and retain the outstanding balance.

The Operator may suspend or terminate the Customer's Account immediately at its absolute discretion including if the Customer breaches any of their obligations under these terms and conditions.

The expiry or termination of a Customer's Account for any reason shall not affect:
1. any rights, obligations and/or liabilities accrued before the date of termination or expiry; or
2. any rights, obligations and/or liabilities expressed to continue in force after and despite expiry or termination.
The Operator reserves the right to refuse/reject and suspend without prior notification any Customer who is suspected of cheating, hacking, attacking, manipulating or damaging the Tote Wagering Service.

The suspension or cancellation of the Customer's Account shall not affect either party's statutory rights or liabilities.

The Customer may open only one Account. Any additional accounts will be closed and if funded, the deposit amount returned to the Customer.
Licence

The Operator grants the Customer a personal, non-exclusive, non-transferable and revocable licence to use the software required for the use of the Tote Wagering Service (the "Software"). The Customer may use the Software solely for participation in the Tote Wagering Service.

The Tote Wagering Service the name betab.com and all pictures, graphics, photographs, animations, videos, music, audio, text and live feeds on the Website and the Software are and shall remain the property of the Operator or its licensors and are protected by intellectual property laws, including copyright. They may not be reproduced without the Operator's prior written consent.

The name betab.com may not be used in any advertising or publicity nor be distributed without the express permission of the Operator.

Except as permitted by these terms and conditions, the Customer may not copy, use, modify, create derivative works from or distribute the Software or written materials associated with the Tote Wagering Service, decode, reverse engineer, dissemble, decompile or otherwise translate or convert the Software or any part of it or transfer, loan, lease, assign, rent or otherwise sublicense the Software or do any of the above to any copy, adaptation, transcription, or merged portion of the Software. Without limitation, the above activity includes any form of denting, hacking, attacking, manipulating or damaging of the Tote Wagering Service.
Payment and Security

Money in the Customer's Account is used to place wagers with third party totes using the Amtote Spectrum Hub.

The Customer is not allowed to place a wager greater than the amount deposited in their Account. The Operator does not extend credit facilities to internet customers.

Returns from successful wagers will be credited to the Customer's Account as soon as the race is made "official" by the 3rd party tote.

The Customer accepts and authorises the Operator to instruct its payment management company to handle the processing of Account deposits and withdrawals. Thereby the Customer allows the Operator to give such instructions on the Customer's behalf. The Operator reserves the right to withhold payment of any funds if suspicion or evidence of manipulation of the Tote Wagering Service arises. The Operator may take action against the Customer or any other who manipulates, or tries to manipulate, the Tote Wagering Service or any part of it.

To maintain a high level of security to protect the Customer's funds, the Operator performs random security checks. The Customer hereby accepts that the Operator maintains the right to demand additional documentation in order to verify the Customer as the cardholder or the transferor of funds and the source of funds in the event of such a security check.

The Customer has the responsibility for checking their available funds before or after each wagering transaction and prior to departing from the wagering session. If the Customer suspects any errors, they must report it immediately to the Operator.

The Customer must inform the Operator as soon as reasonably possible if they believe that their Account information is being misused in any way by a third party so that Operator may suspend their Account. The Operator will not be held responsible for any reasonable delay in such suspension.

Unless otherwise stated in these terms and conditions, no wager can be cancelled once confirmed by the Operator. All wagers stand once confirmed whether the Customer is online or offline. The Operator reserves the right to refuse any wager.

The Operator will only credit funds into the Account of the Customer that placed the wager.

The Operator reserves the right, at its reasonable discretion, to suspend payment out of funds, pending a full investigation (including providing details to the relevant law enforcement agency where appropriate), where it suspects that funds have been deposited, and are attempting to be withdrawn, by a Customer for the purposes of money laundering.
Wagers

Customers Wagers are placed with 3rd party totes by the Operator and entered into that totes pools and are subject to the rules and regulations of the individual tote as well as to these terms and conditions.

In the event of any wager not being transmitted to, received by, or otherwise accepted by a racetrack for any reason, including but not limited to, mechanical, communication, human error or failure, no wager will have been placed, or be deemed to have been placed, on behalf of the Customer. Under no circumstances will the Operator 'stand' the wager or otherwise be held responsible for the wager not being transmitted to, received by, or otherwise accepted by the racetrack.

Greyhound names, where shown on B-Term, or in any race card or form guide are for information purposes only. In the event of a reserve greyhound running, all wagers on the selected trap number will stand, if a reserve runner is not declared and the trap is vacant, all wagers will be deemed void and all stakes returned.

In the event of 'multiple' official prices being returned by a racetrack due to a miscalculation of payouts, an error by the judges, or for any other reason, betab.com will ascertain the 'final' correct payout and make any adjustments necessary to clients accounts to correct any credit or debit made as a result of receiving the incorrect 'official' prices.

Minimum wagers are determined by the "host" track and will vary from track to track. Customers should read the individual tracks terms and conditions and rules.

Once a wager has been accepted into the pool of a 3rd party tote it cannot be cancelled.

If a wager is not made in full or if details of it are missing, the Operator may, at its discretion, deem such wager to be void.

Wagers on events in which the Customer is participating (and whether the Customer is participating for this purpose will be decided by the Operator in its absolute discretion) are not permitted.

In order to make a wager, there must be available funds in the Customer's Account equal to or exceeding the amount of the stake. If the Customer's available funds do not cover the aggregate stakes wagered at any one time, the Operator will refuse the wagers.

The Operator may, at any time, in its absolute discretion and without giving any reason or advance notice, refuse to accept any wager or any part of a wager and/or suspend or close any Customer's Account and collect any and all outstanding bank service charges.
Placing a Wager

Wagers may only be placed via the Website unless an alternative prior arrangement has been made with the Operator.

The Customer shall be responsible for ensuring that their wagers are correct. Wagers placed and accepted within the relevant time limit may not be revoked or changed except as expressly provided in these terms and conditions.

the Operator assumes no responsibility for:-
1. typing, transmission and/or evaluation errors in respect of any wagers and shall be entitled (after the event, if necessary) to correct manifest errors relating to odds or the reporting of results;
2. the accuracy, completeness or currency of the information services provided (in particular but without limitation, for information provided by third parties);
The Customer's Representations

The Customer represents, warrants and certifies that they have reached the age of 18 or the legal age required for gambling in the Customer's jurisdiction, whichever is the greater.

The Customer represents, warrant and certifies that they fully accept that all computer instructions and responses sent over the Internet to and from the Tote Wagering Service and the Software will be binding on the Customer.

The Customer understands that by using the Tote Wagering Service they may lose money on wagers placed and they accept full responsibility for such loss. The Customer agrees that their use of the Website is at their sole risk.

Should funds be credited to or debited from a Customer's Account in error, it is the Customer's responsibility to notify the Operator of the error without delay. Any sums credited to the Customer due to the error will be deemed invalid and must be returned to Operator. Funds credited to an Account in error are not available to wager with and Operator reserves the right to void any transaction involving such funds. The Customer agrees to indemnify the Operator for the return of any erroneously credited funds that the Customer has withdrawn.
No Warranty

The Operator will endeavour to provide the Tote Wagering Service using its reasonable skill and care. The Operator makes no further warranty or representation, whether express or implied, in relation to the Tote Wagering Service or the services provided by any of the 3rd party totes with which the Operator has placed Customers wagers. Any implied warranties or conditions relating to satisfactory quality, fitness for purpose, completeness or accuracy are hereby excluded.

The Operator makes no warranty that the Tote Wagering Service will meet the Customer's requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Tote Wagering Service or the server that makes it available are free of viruses or bugs, nor does the Operator make any warranty as to the full functionality, accuracy, reliability of the materials supplied by the Operator or results of the Tote Wagering Service or the accuracy of any information obtained by the Customer through the Tote Wagering Service.

The Customer should be aware that the Tote Wagering Service is not absolutely stable. The Operator is not responsible for any misplaced wagers. All wagers placed will be based on the wager records in our system.

The Customer's access to the Tote Wagering Service may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. The Operator will attempt to restore the service as soon as it reasonably can.
Limitation of Liability

The Customer agrees that their use of the Tote Wagering Service is at their sole risk.

The Operator shall not be liable in contract, tort, negligence, or otherwise, for any loss or damage whatsoever arising from or in any way connected with the Customer's use of the Tote Wagering Service and or the actions of any of the 3rd party totes, whether direct or indirect, including, without limitation, damage for loss of business, loss of profits, business interruption, loss of business information, or any other pecuniary or consequential loss (even where the Operator has been notified by the Customer of the possibility of such loss or damage). Further, liability for such damage shall be excluded, even if the exclusive remedies provided for in this agreement fail for their essential purpose.

The Operator shall not be responsible or liable to the Customer for any loss of content or material uploaded or transmitted through the Tote Wagering Service and the Customer confirms that the Operator shall not be liable to the Customer or any third party for any modification to, suspension of or discontinuance of the Tote Wagering Service.

The Operator reserves the right to withdraw the Tote Wagering Service or elements of the Tote Wagering Service at any time, and will not be liable to the Customer as a result of any such action.

The Operator shall not be responsible for any breach of these terms and conditions caused by circumstances beyond its reasonable control.

The Operator shall not be liable to the Customer for any use of the Tote Wagering Service that is contrary to the law of the jurisdiction in which the Customer is located. The Customer should note that where local law prohibits their participation in the Tote Wagering Service, it is contrary to these terms and conditions for the Customer to participate in the Tote Wagering Service.

Certain statutes, rules and regulations may imply certain non-excludable warranties or conditions and to the extent such are not permitted to be excluded. The Operator's liability for breach of such conditions or warranties and the Customer's sole and exclusive remedy shall be limited to the reimbursement of the Customer's Available Wagering Funds at the time of the breach including any portion of that balance placed as a wager on any of part the Tote Wagering Service.
Indemnity

The Customer agrees fully to indemnify, defend and hold the Operator, and its officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liabilities, damages, losses, costs and expenses, including legal fees, arising out of any breach of these terms and conditions by the Customer or any other liabilities arising out of the Customer's use of the Tote Wagering Service or use by any other person accessing the Tote Wagering Service using the Customer's Account details.
Transfer

The Customer may not transfer any of their rights under these terms and conditions to any other person. The Operator may transfer its rights under these terms and conditions to another business where the Operator reasonably believes that the Customer's rights will not be affected.
Third Party Websites

The Tote Wagering Service provides content from other Internet sites or resources ("Third Party Content") and while the Operator takes all reasonable steps to ensure that material included on the Tote Wagering Service is correct, reputable and of high quality, the Operator does not make any warranties or guarantees in relation to Third Party Content and shall not be held liable by the Customer for any such Third Party Content. If the Operator is informed of any inaccuracies in the Third Party Content contained on the Tote Wagering Service, it will attempt to correct the inaccuracies as soon as it reasonably can.

The Operator makes no representations or warranties regarding any websites linked on the Tote Wagering Service ("Linked Sites"), the entities which operate the Linked Sites or which feature on the Linked Sites. The Operator will not accept liability for any loss (including any indirect or consequential loss) or damage the Customer may suffer directly or indirectly as a result of using any Linked Site or relying on any material contained therein. The Customer acknowledge that the Customer's access to and use of any Linked Sites is entirely at their own risk.
Customer Information

The Operator will not sell, trade or rent personal information to others and takes all reasonable precautions to ensure all personal information is kept securely and is protected from unauthorised access. The Operator reserves the right to disclose personal information only to other associated or subsidiary companies within the group or suppliers engaged to process such information on its behalf.

The Operator will not disclose any information regarding account holders wagering activities unless specifically required to do so by law.
Third Party Rights

Except insofar as these terms and conditions expressly provides that a third party may in their own right enforce a term of these terms and conditions, a person who is not a party to these terms and conditions has no right under local law or statute to rely upon or enforce any term of these terms and conditions.
Technical Malfunctions

If there is a discrepancy between the result showing on the Software and the Operator's server, the result showing on the Operator's server shall govern the result of the Tote Wagering Service. In the event of system malfunction or damage which results in the loss of data, the Operator will make reasonable efforts to recover all historic data and all recovered data will be deemed official.
Settlement of Disputes

The Customer understands and agrees that (without prejudice to their other rights and remedies) the Operator's records and subsequent management decision shall be the final authority in determining the terms of the Customer's participation in the Tote Wagering Service, the activity resulting therefrom and the circumstances in which they occurred.
Notices

If the Customer has any dispute with regard to any outcome of any wagers or any other activity, the Customer must submit their complaint to the Operator in writing within 72 hours of the event's start time of the incident by email to support@betab.com. Any notice the Operator gives to the Customer (save as otherwise set out herein) will be sent to the email address that the Customer provided when the Customer registered the Customer's Account. It is the Customer's responsibility to give the Operator notice of any changes to this address by writing to support@betab.com setting out the updated details and to regularly check their email account for emails from the Operator.
General

If any part of these terms and conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these terms and conditions and shall not effect the validity and enforceability of any of the remaining provisions of these terms and conditions.

No waiver by the Operator of any of these terms and conditions shall be construed as a waiver of any preceding or succeeding breach of any of these terms and conditions.

Unless otherwise expressly stated, nothing in these terms and conditions shall create or confer any rights or any other benefits in favour of any person other than the Customer and the Operator.

Nothing in these Conditions shall be construed as creating any agency, partnership or any other form of joint enterprise between the Customer and the Operator.

The following clauses of these terms and conditions shall continue in force after and despite expiry or termination (for whatever reason): Clause 11 (Indemnity).

The Operator may update these terms and conditions from time to time for legal or regulatory reasons or to allow the proper operation of the Tote Wagering Service.

The Tote Wagering Service and these terms and conditions are subject to the laws of the Isle of Man and the courts of the Isle of Man shall have exclusive jurisdiction to settle any disputes that arise out of or in relation to them.
Free Bet

The Free Bet promotion applies to the first Internet bet only, which must be a 2, 3 or 4 horse or dog combination bet.

BETAB will credit your account with a free bet of the equivalent total stake up to a maximum of 25 USD. Except in exceptional circumstances, your free bet will be available in your account within 24 hours of your first bet being settled.

The Free Bet amount must be wagered in full before any refund request is considered.

Only One Free bet per customer and per Household is allowed. In the case of a customer opening more than one BETAB account, we reserve the right to suspend and close duplicate accounts, and make void any free bets placed.

The Free bet offer cannot be used in conjunction with any other offer.

Only One Free Bet Account Offer per person, family, household address, email address, telephone number, same payment method details (i.e. Debit/Credit Card Number) and shared computer (i.e. School/College, Public Library or Workplace).

We further reserve the right to ask any Customer to provide sufficient documentation for us to be satisfied in our absolute discretion as to the Customers identity prior to us crediting any Bonus, Free Bet or Offer to their account.

This offer is not available to residents of Azerbaijan, Bulgaria, China, Denmark, Finland, Georgia, Hong Kong, Hungary, Israel, Japan, Latvia, Lithuania, Macau, Malaysia, Norway, Poland, Portugal, Romania, Russia, Slovakia, Slovenia, Taiwan, Thailand, Ukraine and Yugoslavia.

BETAB reserves the right to withdraw or amend this offer at any time, for any reason and without prior notice. Where not covered by the above conditions BETAB rules will apply.