1. Introduction
1.1.The below terms and conditions are governed solely by the laws
of Curacao exclusively
1.2. The below terms and conditions, together with our Acceptable
Use Policy and Privacy Policy (which are each hereby incorporated
by reference) (together, ‘Terms’) govern all use of the betting
platform (‘Platform’) provided by Brokerstorm via the website
at www.brokerstorm.com.
1.3. By using the Platform you represent that you have read,
understood and agree to be bound by these Terms.
2. Nature of the Platform
2.1. The Platform provides an automated means by which you, the
authorized user, (‘you’) can enter into online betting transactions
(“Bets”) with certain third party bookmakers with whom you hold a
betting account. The Platform, and the software comprised in the
Platform (‘Software’), therefore merely facilitates betting activities
you would otherwise have to action manually. You agree that you are
fully responsible and liable for the management and maintenance of
all betting accounts held by you, for the checking and verification of
all Bets, including their status and accuracy, and for all aspects of Bet
selection. You agree (i) that Brokerstorm have no responsibility or
liability in any of these respects and (ii) that we shall provide you
with no advice, recommendation or other guidance relating to
betting, betting accounts or otherwise.
2.2. The odds and staking limits available via the Platform are
determined exclusively by the bookmaker(s). However, Brokerstorm
may choose, at its sole discretion, to stand the liability relating to a
percentage of the stakes placed by you with the relevant
bookmaker(s). Any remaining stakes for which Brokerstorm does not
assume liability will be struck directly with the relevant
bookmaker(s).
2.3 All Bets are settled exclusively by the bookmakers. Brokerstorm
will not hold any responsibility for the bookmaker’s decisions,
including (but not limited to) rejected bets, void bets, cancelled
events or errors in Bet settlement (i.e. through incorrect event
results, manual errors, technical errors or otherwise). Voided bets
will be displayed on the platform and you have the right to get
screenshot of the bookie’s original bet slip.
2.4. The inclusion of bookmakers in the Platform does not indicate
any recommendation, endorsement or approval by Brokerstorm.
2.5 It is your responsibility to check each bookmaker’s betting rules.
All Bets, including Bets where Brokerstorm assumes partial liability,
will be settled according to the betting rules of the bookmaker with
whom the Bet is struck.
3. Account Information
3.1. You represent and undertake that:
a) Your use of the Platform will not breach any law, regulation, code
of conduct, code of practice or any obligation to any third party;
b) if you are an individual, you represent and confirm that you are at
least 18 years of age, you are of sound mind and fully capable of
entering into binding legal agreements; and
c) Brokerstorm has the right to request documents, in order to
verify your identity
3.2. We are under no obligation to permit any entity or person to use
the Platform and we reserve the right to refuse anyone permission to
use the Platform in our absolute discretion.
3.3. You will keep all account information, including username(s) and
password(s), secure and strictly confidential. You agree to notify us
immediately if you become aware of any unauthorized use of the
Platform.
4. Use of the Platform
4.1. You undertake to use the Platform for legitimate betting
purposes only and strictly in accordance with these Terms. You may
not use the Platform if use would be illegal in the jurisdiction in
which you are located.
4.2. You are fully responsible and liable for all Bets and for all related
profits, losses and other liabilities, including (without limitation)
choice of Bets, accuracy, amounts staked and setting and/or
compliance with applicable betting limits. You understand and accept
that you may lose money on Bets and that you bear full responsibility
for all and any losses. Brokerstorm will under no circumstances be
liable for such losses.
4.3. You are responsible for understanding the content and operation
of the Platform, including the functionality of the Software.
Brokerstorm will not hold responsible for any losses caused because
of misuse or mistakes done by you when operating the software.
4.4. You agree that you will:
a) provide us with all co-operation and assistance required in
relation to the provision of the Platform and the investigation of any
interruptions, faults, outages or security issues;
b) provide us with all data and other information reasonably
required in relation to these Terms, including security access
information and software interfaces to any relevant business
applications, and ensure that all information provided is true,
accurate, complete and not misleading in any material respect; and
c) carry out your obligations in a timely and efficient manner and
notify us immediately of any breaches or suspected breaches.
4.5. Should you fail to perform any such obligations then we will not
be liable for any delay, loss or damage arising from such failure or
from reliance on information or materials provided by you.
4.6. You may not use the Service if you live in any of the following
countries:
- Australia, Aruba, Bonaire, Curacao, France, The Netherlands, Saba,
Statia, St. Maarten, Singapore, Spain, the United Kingdom, the USA
and any other jurisdiction that the Central Government of Curacao
deems online gambling illegal. This includes all of the named Nations'
Territories and Possessions.
Some bookies offered will be restricted in countries they do not
currently operate in , compliant with each separate bookies terms &
conditions for restricted countries. These restrictions will happen
automatically on opening of account depending on account holders
country of residence.
All accounts require KYC . Know your client , verification.
5.Reliance on Platform Data
5.1. The information available via the Platform relating to the
indicative price and volume offered by bookmakers (‘Offer(s)’) is
provided on an “as is” basis and Brokerstorm makes no
representations and gives no warranties in respect of the accuracy of
that information.
5.2. You accept that Brokerstorm shall have no liability for
inaccuracies in Offers, save where the inaccuracy results from the
negligence of Brokerstorm. You accept that all Offers are invitations
only, so that we are not able to guarantee the availability or currency
of the Offer when you come to execute the Bet.
6. Suspension of Platform & Maintenance
6.1. We reserve the right to limit, suspend or terminate access to the
Platform without liability:
a) if we consider it reasonably necessary to protect your or our
interests, or the interests of any third party (including our clients)
and/or to protect the security or operation of the Platform or
Brokerstorm’s systems or network or those of our clients;
b) if you breach any of these Terms or if we reasonably believe you
have so breached or are about to breach;
c) if you fail to cooperate with us regarding any suspected or actual
breach of these Terms; or
d) if required to do so by law or further to a request from any
regulatory or governmental authority.
e ) ) If a selfexcluded person keeps multiple accounts, Brokerstorm
reserves the right to close all active accounts and refund the initial deposit
amount.
6.2. We may suspend all or any part of the Platform for the purpose
of repair, maintenance or improvement. We shall provide you with
reasonable advance notice of suspensions wherever possible and
use reasonable endeavors to keep any such suspensions to a
minimum. If we suspend owing to defect or compromise on your
part, the suspension will not be lifted until the default is rectified to
our reasonable satisfaction.
7. Exclusions
7.1. You recognize and accept that although operating the Platform,
we cannot promise that it will be error-free, immune from security
risks or available on an uninterrupted basis. We will use all
reasonable endeavors to maintain the accuracy and availability of the
Platform but we cannot provide any warranty in those respects.
7.2. You agree and accept that Brokerstorm (and any third company
affiliate who powers and/or maintains the platform) will have no
liability for any bugs, defects or other errors in the Platform
(including the Software) unless they arise from our negligence.
Notwithstanding the foregoing, you specifically agree that we shall
have no liability in respect of any losses (including without limitation
any gambling losses) you may incur as a result of your reliance upon
any incorrect Platform data (including without limitation any
incorrect notification of rejection or non-execution of any
transaction) unless you first request us to check the accuracy of the
said data and we negligently confirm it as accurate. Any such liability
shall nevertheless be subject to the limitations and exclusions set out
in clause 10 below.
7.3. You agree and accept that we (and any third company affiliate
who powers and/ or maintain the platform) will have no liability in
respect of any failure or delay by you in respect of (i) the
management and maintenance of your betting accounts, including
(without limitation) any failure to ensure the availability and
sufficiency of funds, (ii) the checking and verification of all Bets,
including (without limitation) as to their status and accuracy, and/or
(iii) any other aspect of Bet selection. You acknowledge and accept
that you have access to your betting accounts other than via the
Platform and you agree you are responsible for regularly monitoring
and checking all aspects of your betting activity by those other
means.
7.4. We are not responsible for unauthorized access to your data or
the unauthorized use of the Platform unless the unauthorized access
or use results from our failure to meet our reasonable security
obligations.
8. Ownership
8.1. Brokerstorm is the exclusive provider of the platform and the
sole owner of the website . Brokerstorm is liable for any claim
(subject to the Limitations set out in section 10) which might rise
from the usage of the platform. You have no rights in, or to, the
Platform or the Software other than the limited right of usage set out
in clause 4 above.
8.2. You represent and undertake that, except as may be permitted
under applicable laws or expressly agreed by us, that you will not:
a) attempt to copy, modify, duplicate, create derivative works from,
frame, mirror, republish, download, display, transmit, or distribute
all or any portion of the Platform or any related or associated
documentation (“Documentation”) (as applicable) in any form or
media or by any means; or
b) attempt to reverse compile, disassemble, reverse engineer or
otherwise reduce to human-perceivable form all or any part of the
Software; or
c) access all or any part of the Platform and/or Documentation in
order to build a product or service which competes with the
Platform and/or the Documentation; or
d) use the Platform to provide services to third parties; or
e) license, sell, rent, lease, transfer, assign, distribute, display,
disclose, or otherwise commercially exploit, or otherwise make the
Platform (or any part thereof) available to any third party; or
f) attempt to obtain, or assist third parties in obtaining, access to the
Platform, other than via an agreement with us.
9. Indemnity
You agree to defend, indemnify and hold us harmless against claims,
actions, proceedings, losses, damages, expenses and costs (including
without limitation court costs and reasonable legal fees) arising out
of or in connection with your use of the Platform and/or your breach
or non-compliance with these Terms.
10.Limitation
10.1. Except as expressly and specifically provided in these Terms all
warranties, representations, conditions and all other terms of any
kind whatsoever implied by statute or common law are, to the fullest
extent permitted by applicable law, excluded.
10.2. Nothing in this Agreement excludes liability (i) for fraud or
fraudulent misrepresentation, or (ii) which we may not exclude
under applicable law.
10.3. You agree that (i) you are an authorized user only, (ii) your
rights to use the Platform derive solely from the rights of the
Brokerstorm account holder under whose authority you are issued
with a username and password (‘Account Holder’), (iii)
Brokerstorm’s sole liability shall be to the Account Holder, and (iv)
you will have no rights against Brokerstorm, contractual or
otherwise, and you hereby expressly waive all such rights. Without
prejudice to the foregoing and subject to clauses 10.2 and 10.3:
a) Brokerstorm shall not be liable whether in tort (including for
negligence or breach of statutory duty), contract, misrepresentation,
restitution or otherwise for any loss of profits (direct or indirect),
loss of business, depletion of goodwill and/or similar losses or loss
or corruption of data or information, or pure economic loss, or for
any special, indirect or consequential loss costs, damages, charges or
expenses however arising; and
b) Brokerstorm’s total aggregate liability in contract, tort (including
negligence or breach of statutory duty), misrepresentation,
restitution or otherwise, to the Account Holder (including all
authorised users) shall be limited to: (i) £50,000 (fifty thousand
pounds sterling), or (ii) the total Fees paid by you in the 6 months
immediately prior to the event or incident giving rise to the claim;
whichever is the lower.
11. Termination
11.1. Without prejudice to any other rights we may have, we may
terminate your access to the Platform immediately and without
liability if you:
a) breach any of the terms of the Acceptable Use Policy;
b) commit a material breach of any of these Terms which is not
remediable or which (if remediable) fails to be remedied within 30
days of written notice of the breach;
c) cease to be able to pay your debts as they fall due or if you enter
into insolvency or administration proceedings, make an
arrangement with creditors, or take or suffer any similar or
analogous action in any jurisdiction; or
d) provide to us any false, misleading or otherwise inaccurate
information
11.2. We reserve the right to limit, suspend or terminate access to the
Platform without liability at any time and for whatever reason.
Brokerstorm reserves the right to close or suspend your account at
any time and for any reason. Without limiting the preceding
sentence, Brokerstorm shall be entitled to close or suspend your
account if:
1. Brokerstorm considers that you have used the Website in an unfair
manner, have deliberately cheated or Fund passing or taken unfair
advantage of Brokerstorm or any of its customers.
If Brokerstorm closes or suspends your account, in which case, you
shall be liable for any and all claims, losses, liabilities, damages, costs,
and expenses incurred or suffered by Brokerstorm arising therefrom
and shall indemnify and hold Brokerstorm harmless on demand for
such Claims. Brokerstorm shall also be entitled to withhold and/or
retain any and all amounts which would otherwise have been paid or
payable to you.
2) ) If a selfexcluded person keeps multiple accounts, Brokerstorm
reserves the right to close all active accounts and refund the initial deposit
amount.
12. Confidentiality
12.1. You agree to keep secret any confidential information received
from us, namely any information which is confidential in nature or is
marked as such, including information and material relating to our
business, financial information, betting information and history,
intellectual property rights, business processes, supplier
relationships, client details and activities under these Terms
(‘Confidential Information’). For the avoidance of doubt, the Platform
and the Software (including all related information and data) are
confidential.
12.2. You agree not disclose to disclose any Confidential Information
to any third party without our prior written consent, to store all
Confidential Information in a secure place when not in use and
safeguard Confidential Information in a manner no less secure than
that you apply to your own confidential information of the same or
similar nature, and to use the Confidential Information only for the
purpose of using the Platform in accordance with these Terms.
12.3. Confidential Information will not include information that you
can demonstrate on reasonable grounds (i) was previously known by
you without any obligation to hold it in confidence, (ii) is
independently developed by you without reference to the
Confidential Information; (iii) is or becomes available to the public
through no breach of these Terms; (iv) is required to be disclosed by
law, regulations, valid order of a court or other governmental body,
provided that you will use commercially reasonable efforts to notify
us in advance of such required disclosure; or which is lawfully
received, without restriction, against disclosure, from a third party
free to disclose such information.
13. Force majeure
We shall have no liability for any delays or failures which result from
circumstances beyond our reasonable control.
14. Amendments
We may amend the Terms by posting the amended terms on the
Website. Amendments shall automatically come into effect 30 days
after being posted on the Website unless you notify us that you do
not agree to any of the proposed amendments.
15. Assignment
The rights granted under these Terms are personal to you and you
may not sell, assign, delegate, subcontract, mortgage, charge or
otherwise transfer any or all of your rights and obligations without
our prior written agreement. Brokerstorm may at any time assign,
delegate, subcontract, mortgage, charge or otherwise transfer any or
all of its rights and obligations under this Agreement without your
consent.
We may amend the Terms by posting the amended terms on the
Website. Amendments shall automatically come into effect 30 days
after being posted on the Website unless you notify us that you do
not agree to any of the proposed amendments.
16. Entire Agreement
You confirm that you have not entered into these Terms on the basis
of any representation that is not expressly set out herein. Nothing
hereby excludes liability for fraud
17. Severance
If any provision of these Terms is prohibited by law or judged by a
court to be unlawful, void or unenforceable, the provision shall, to the
extent required, be severed from these Terms and rendered
ineffective as far as possible without modifying the remaining
provisions, and shall not in any way affect any other circumstances of
or the validity or enforcement of these Terms
18. Law and Jurisdiction
These Terms (and any dispute, controversy, proceedings or claim of
whatever nature arising out of or in any way relating to these Terms)
shall be governed by and construed in accordance with English law.
The Parties agree that the English Courts shall have exclusive
jurisdiction to hear and settle any action, suit, proceeding or dispute
in connection with these Terms and irrevocably submit to the
jurisdiction of such court.
Acceptable Use Policy
This Acceptable Use Policy (AUP) governs your use of Brokerstorm’s
Platform available via the website . Unless otherwise indicated,
capitalized terms not defined in this document shall bear the
definitions set out in our general terms.
By using or applying for use of the Platform, you agree to abide by the
terms of this AUP, which is incorporated into any agreement between
you and Brokerstorm.
Prohibited Uses – Overview
You cannot transfer, sell, or pledge Your Account to another person.
This prohibition includes the transfer of any assets of value of any
kind, including but not limited to ownership of accounts, winnings,
deposits, bets, rights and/or claims in connection with these assets,
legal, commercial or otherwise. The prohibition on said transfers also
includes however is not limited to the encumbrance, pledging,
assigning, usufruct, trading, brokering, hypothecation and/or gifting
in cooperation with a fiduciary or any other third party, company,
natural or legal individual, foundation and/or association in any way
shape or form.
You may use the Platform only for lawful purposes. You may not use
it:
in any way that breaches any applicable local, national or
international law or regulation.
You represent and warrant that at the time of registering and
throughout the duration you have an account with us, you have not
engaged and will not engaged in any of the following and/or related
activities: money laundering, corruption, fraud, criminal activity,
market manipulation, abuse, financing of terrorism, bribery, and
financial sanctions(“Prohibited Activities”). You agree that from time
to time, upon our request, you may be required to provide additional
details in respect of any information you have provided to us,
including in relation to any deposits which you have made into your
Account.
Brokerstorm and it’s betting partners reserve the right to
refuse/reject and suspend without prior notification any Customer
who is suspected of cheating, hacking manipulating or damaging the
Operator’s normal betting operations (including the Internet Betting
Service). Any of the “abnormal bets* will be VOID without prior
notification.
In any way that is unlawful or fraudulent, or has any unlawful or
fraudulent purpose or effect.
for the purpose of harming or attempting to harm anyone, including
minors, or in any manner which will, or is likely to, infringe the
personal rights of others;
in any manner that will, or is likely to, infringe the copyright,
trademark, trade secret or other intellectual property rights of
others;
to transmit, or procure the sending of, any unsolicited or
unauthorized advertising or promotional material or any other form
of similar solicitation (spam);
in connection with any defamatory, indecent, obscene, offensive,
threatening or abusive conduct or activity;
to knowingly transmit any data, send or upload any material that
contains viruses, Trojan horses, worms, time-bombs, bots, keystroke
loggers, spyware, adware or any other harmful programs or similar
computer code designed to adversely affect the operation of any
computer software or hardware; or
in any way that is inconsistent with our Terms.
Specific Prohibitions
Without prejudice to the generality of the principles set out above,
unacceptable use includes, but is not limited to, the following:
use which causes damage, detriment or disruption to our business,
including the Platform, and/or the business or activities of our
clients, or which may generate or create any liability for us or our
clients.
use of the Platform to manipulate a market in a way that is linked to
a sports event that is played to a completely or partially predetermined result (i.e. use relating to match-fixing).
use of the Platform to bet against any sports team in which, either
directly or indirectly, you have an interest, e.g. as employee,
director, chairman or shareholder.
use of any methods or techniques for extracting data from the
Platform without our consent (e.g. data scraping or data mining).
deceptive practices or ways of working.
actions that restrict or inhibit anyone in their use or enjoyment of
the Platform.
causing or attempting to cause security breaches or disruptions of
Internet communications (e.g. accessing data of which you are not
an intended recipient, or logging into a server or account that you
are not expressly authorized to access).
executing any form of network monitoring that will intercept data
not intended for you.
circumventing user authentication or security of any host, network
or account.
interfering with or denying service to any user (e.g., denial of service
attack).
using any program/script/command, or sending messages of any
kind, designed to interfere with, or to disable a user’s terminal
session.
furnishing false or incorrect data of any kind.
sending junk mail or other advertising material to individuals who
did not specifically request such material.
exporting or re-exporting data or content in violation of export or
import laws or without all required approvals, licenses and
exemptions.
Enforcement
When a breach of this policy has occurred, we may take such action
as we deem appropriate. Failure to comply with this AUP constitutes
a material breach of the Terms, and may result in our taking all or
any of the following actions:
Immediate, temporary or permanent withdrawal of your right to use
the Platform.
Immediate, temporary or permanent removal of any data, content or
other material provided by you.
Issue of a warning to you.
Legal proceedings against you for reimbursement of all costs on an
indemnity basis (including, but not limited to, reasonable
administrative and legal costs) resulting from the breach.
Further legal action against you.
Disclosure of such information to law enforcement and other
regulatory authorities.We exclude liability for actions taken in
response to breaches of this AUP. The responses described
in this policy are not limited, and we may take any other action we
reasonably deem appropriate.
Changes to this Policy
We may revise this acceptable use policy at any time by amending
this page. You are expected to check this page from time to time to
take notice of any changes we make, as they are legally binding on
you. Amendments shall automatically come into effect 30 days after
being posted on the Website unless you notify us that you do not
agree to any of the proposed amendments. Some of the provisions
contained in this AUP may also be superseded by provisions or
notices published elsewhere on our Website
Waiver and Severance
Any failure or delay in exercising or enforcing this policy shall not
constitute a waiver of this policy or of any other right or remedy.
Questions?
If you have any questions concerning compliance with this AUP,
please contact Brokerstorm at info@brokerstorm.com
