Fair Web Entertainment SA ('Fair Web Entertainment', the 'Company', 'we') is a Public Limited Company registered in Switzerland. Our registered offices are at Sébeillon 9b, 1004 Lausanne, Switzerland. We provide BETCoffee, a service for social bookmaking which is accessible either online ('BETCoffee', the 'Website' facility, the 'service') or by SMS. We do not accept bets ourselves, but we provide our Users with an automated facility for the placing of bets with each other. In these Terms and Conditions references to 'we', 'us', 'our' and any similar expressions shall include the Company. This agreement (the 'Agreement') is entered into between us and the User of BETCoffee ('you', the 'User').

User, Player	Real person who registered an account on the Website
Betting Rule	User generated assumption about a future event
Thesis	Opinion on a rule (true or false)
Ruby	Base unit of BETCoffee's virtual currency
Bet	Amount of Rubies placed on a thesis
Vote	Actual outcome of a rule when it reaches its end date/time
Activated	Defines a bet that is balanced with at least the same amount placed on the opposite thesis
Semi activated	Defines a bet that is partially balanced (only part of its amount has been placed on the opposite thesis)
Unactivated	Defines a bet that is not balanced (there is no amount placed on the opposite thesis)
User Account, Account	Placeholder for all User profile, transactions and account balance information

By agreeing to these Terms and Conditions and/or by continued use of BETCoffee, you are bound by the entirety of this Agreement.

It is your responsibility to check these Terms and Conditions from time to time to ensure that you agree with them and your continued use of BETCoffee will be deemed to be your acceptance of any changes to the Terms and Conditions.

Any bets matched prior to the time of amendment will be subject to the pre-existing Terms and Conditions. Any bets matched after the time of amendment of the changed terms and conditions will be subject to the changed terms and conditions.

This Agreement is governed by the laws of Switzerland. The courts of Lausanne (Switzerland) have exclusive jurisdiction in relation to all disputes under this Agreement.

This Agreement and the terms expressly incorporated into it constitute the entire and only agreement between the parties with regards to its subject matter and each party confirms that it has not been induced to enter into this Agreement in reliance upon, nor has it been given, any warranty (including in particular any warranty as to merchantability, fitness for purpose or uninterrupted functionality), representation, statement, assurance, covenant, agreement, undertaking, indemnity or commitment of any nature whatsoever other than as are expressly set out in this Agreement and, to the extent that it has been, it unconditionally and irrevocably waives any claims, rights or remedies which it might otherwise have had in relation thereto.

By accessing and using this Website, you hereby agree that online gaming and gambling is legal in your country and/or jurisdiction; you will not use our services to bet via any means where it is prohibited to do so while located in the jurisdiction in which you are located. You are solely responsible for complying with the laws of your country/jurisdiction, and you continue to use this Website's services at your own discretion and your entire risk. The availability of the Website does not constitute an offer or invitation by the Company to use BETCoffee in any jurisdiction in which such use is illegal. You agree it is your responsibility to verify that you are permitted to bet (including to use a person-to-person betting service) in any jurisdiction in which you are located.

You are acting as a principal and not as an agent on behalf of a third party.

You are of sound mind and capable of taking responsibility for your own actions.

You undertake to use our service for legitimate betting purposes only. In particular you undertake not to engage in any activity which has the purpose or effect of causing damage to or increasing a liability on us, including without limitation any tax, levy or duty collecting authority.

No failure or delay by a party to exercise any of its rights under this Agreement shall operate as a waiver thereof and no single or partial exercise of any such right shall prevent any other or further exercise of that or any other right.

To place bets via the Website, a personal User account is required. The User sets up his account by himself via online registration on the Website. Upon completion of registration, an initial amount in Rubies is credited to his/her account. We will confirm by electronic mail to the User's email address he has supplied that his/her account is open.

You agree to fill in correctly and completely the relevant application forms, including without limitation your correct full name and email address. You certify that your are the person whose details are provided in connection with your BETCoffee registration. You agree to inform us of any changes in such details.

You may open one single User account under your name.

In the case of incorrect data or multiple User accounts created by the same person, we reserve the right to exclude the corresponding Users and to close their accounts. We may suspend or terminate any accounts in our absolute discretion without cause at any time.

To place bets by SMS, a personal mobile phone number is required.

You authorise the Company, at any time, to use any means that we consider necessary to verify your identity with any third party providers of information.

The Company ensures their account holders that, at all times:

• all personal data is processed fairly and lawfully;
• all personal data is always processed in accordance with good practice;
• personal data is only collected for specific, explicitly stated and legitimate purposes;
• personal data is not processed for any purpose that is incompatible with that for which the information is collected;
• no more personal data is processed than is necessary with regards to the purposes of the processing;
• personal data is not kept for a period longer than is necessary, with regards to the purposes for which they are processed;
• all reasonable measures are taken to complete, correct, block or erase data to the extent that such data is incomplete or incorrect, having regard to the purposes for which they are processed.

The Company discloses personal data when ordered to do so by order of the Governing Authorities and/or under provision in the Governing Law.

Furthermore, we reserve the right to disclose personal data to relevant recipients when we have reasonable grounds to suspect irregularities that involve a BETCoffee betting account.

The Company reserves the right to process personal data for CRM (Customer Relationship Management) purposes.

The account holder has the right to aquire access to the account holder's own personal data and/or has the right to correct and/or erase wrong and/or inappropriate data.

The Website works by using cookies for the purpose of storing a unique session ID when the User is logged in as well as the User's country of origin.

Please be aware that it is not possible to use the BETCoffee Website without cookies. If additional information about the Company's use of cookies is requested, please email us at info@betcoffee.com.

On registration via the Website, you will be required to choose a User ID and a password for use of the Website.

You agree to keep your User ID and password strictly confidential and you are responsible for any misuse of your password. Provided that we have been correctly supplied with the account information requested, we are entitled to assume that orders and payments are made by you.

We accept no liability resulting from unauthorised use of your User ID and/or password, whether fraudulent or otherwise. You are solely responsible for the security and protection of your User ID and password (collectively the "User Information"). You will take all necessary and reasonable steps to protect your User Information from disclosure. You will not divulge your User Information to any third party nor write it down in any form that may jeopardise its confidentiality. You will not permit any third party to use your User Information in order to access. You should change your password on a regular basis and never disclose it to any third party. Passwords should contain a mixture of upper and lower case letters and numbers and/or symbols. Passwords are case sensitive and we recommend the use of passwords that combine a combination of non obvious letters and numbers in different cases. This will help to prevent the risk of unauthorised use of your account. You undertake to protect your username and password in the same way as you would in respect of your bank cards and any failure to do so shall be at your sole risk and expense.

In the event that another person trades on your account you are solely responsible for all their actions whether or not their access was authorised by you and for this purpose you hereby indemnify the Company and hold the Company harmless against all costs, claims, expenses and damages howsoever arising in connection with the use of or access to your account by any third party.

You agree to inform us by electronic mail at info@betcoffee.com if you believe that your account information is being misused by a third party so that we may suspend your account.

If you are using the Website, we strongly recommend that you disable any automatic password memory in your browser prior to use and that you run appropriate anti-spyware, firewall and virus protection on your computer on a regular basis.

Without restricting our ability to rely on other remedies that may be available to us, we may restrict your access to the Website, suspend or terminate your account or cancel any unmatched bets in our absolute discretion without cause, without providing any reasons and at any time, including (without limitation) if: (i) we suspect that you are engaging in illegal or fraudulent activity while using the Website; (ii) we suspect you are breaching any term of this Agreement; (iii) we suspect you are acting in a manner that is detrimental to the conduct of our business or which may result in legal liability for you, for the Company or for third parties; or (iv) we suspect that you may be having difficulties obtaining credit. In addition, if formally requested by the Police, gambling regulators, Insolvency Service or taxation authorities (whether based in Switzerland or elsewhere) or in the event that you fail to provide us with sufficient information to identify yourself in accordance with our own internal procedures or those imposed on us by regulatory authorities (whether based in the Switzerland or elsewhere) we may suspend your account and all functionality relating to the use of your accounts.

Irrespective of whether we suspend or terminate an account and notwithstanding any other provisions in these Terms and Conditions, we may decide to cancel and void any outstanding or matched bets if required by law or at our absolute discretion where (i) there is a technological failure; or (ii) we suspect that you or another User with whom you have bet have (or may have) breached any term of this Agreement.

You may suspend or terminate your account at any time upon notice to the Company.

Both the cancellation and termination of a User account exclude any refund of money his owner may have spent on the Website.

Communications and notices to be given under this Agreement (other than those exchanges of information occurring in the normal operation of the site) should be sent to us by email to info@betcoffee.com.

Fair Web Entertainment, BETCoffee and their respective logos are the sole owners of the same. Any unauthorised use may result in prosecution.

www.fairwebentertainment.com is the uniform resource identifier ('URI') of the Company, www.betcoffee.com the URI of the Website. No unauthorised use may be made of these URIs (or any other URIs owned by us) on another website or digital platform without our prior written consent. Consecutively, no unauthorised use, print out, reformating of the content of the corresponding web pages may be made. Users agree not to download, duplicate, transmit, sell or distribute any part of such web pages without our prior written consent.

You agree not to monitor, use or copy our web pages or any content on the Website, including without limitation any price data. Any unauthorised use or reproduction may be prosecuted.

You agree to assign to the Company any intellectual property rights (including copyright) in any betting rules and bets placed by you on the Website. The Company owns all rights in any data and related content on the Website.

Your registration and use of our the Website confers no rights whatsoever to the content and related intellectual property rights contained on the Website.

You may not assign any part of this Agreement without the Company's written consent but Fair Web Entertainment may assign this Agreement to its subsidiaries without notice to you.

From time to time we may provide you with access to various information and content (e.g. feeds, news, results, video streaming) via the Website, emails or any other means of communication. Further we may provide you with links to third party websites which may include information.

This information is supplied "as is" and for guidance only. Use of such information is entirely at your own risk. To the fullest extent permitted by law, the Company makes no representations or warranties of any kind, including but not limited to, the accuracy, quality or completeness of the information.

The Company shall not be liable for any action taken by you as a result of your relying on any information referred to above or for any loss or damage suffered by you as a result of you using such information or any third party website linked to from any of our websites.

Any links from our websites to third party websites do not constitute an endorsement by the Company of any products or services available on such websites. You use such websites at your own risk and the Company takes no responsibility for the content on, or use of, such websites.

In the event of a dispute arising between us and you, our customer service staff will attempt to reach an agreed resolution.

Should our customer service staff not be able to reach an agreement with you, our management may intervene to resolve any outstanding grievance.

You agree to follow any grievance/dispute policy Fair Web Entertainment may put in place from time to time. You should exhaust this process before taking any grievance/dispute to any relevant betting industry regulator or independent betting dispute resolution body.

Your betting limit is represented by your 'Available ruby' balance.

You will inform us as soon as you become aware of any errors with respect to your account or any calculations with respect to any bet you have placed. We reserve the right to declare null and void any bets which are the subject of such an error.

If we allow you to make an offer for a bet and subsequently suspect that you are or were, at the time of making the offer, in breach of this Agreement, we may, at our absolute discretion, withdraw your offer from our Website, void any bets outstanding to your account and terminate your account.

Both the cancellation and termination of a User account exclude any refund of money that his owner may have spent on the Website.

You are entirely responsible for the information that you provide us concerning the offer that you wish to place. We will not enquire into the reasonableness of any offer that you may make. We will not be liable for dammages consequent of incorrect entries made by you on the Website, including data input errors with respect to the stake on offer or to the description of your betting rules.

Once your offer for a bet is accepted by the Website, you will not be able to change the terms of your offer even if you had intended to cancel your offer but failed to do so or the message to us to cancel your offer was not received and processed by us before the bet was accepted.

Once you have accepted an offer to bet, you will not be allowed to change the terms of that bet or cancel or withdraw from that bet. Acceptance of an offer for a bet, once received by us, concludes the bet.

You will not attempt to hack, make unauthorised alterations or introduce any kind of malicious code to the Website or the Company by any means. Unless given prior approval from the Company, you will not (a) reverse engineer or decompile (whether in whole or part) any software available through the Website; or (b) make copies, modify, reproduce, transmit, alter or distribute all or any part of the Website or any material or information contained on it.

You will at all times act in good faith in relation to the counterparties to your bets and such counterparties will be able to enforce this duty directly against you.

You will not make offensive comments, use offensive or pornographic material or make potentially defamatory or inflammatory remarks in connection with any part of the Website including within your own User ID or other information contributed to any website owned by the Company.

You will not disguise or interfere in any way with the IP address of the computer you are using to access BETCoffee or otherwise take steps to prevent us from correctly identifying the actual IP address of the computer you are using whilst accessing BETCoffee.

You agree that you will not access any other BETCoffee account to use any of our services or products from which you have self-excluded, during the period of any such self-exclusion.

With all the bets, in accordance to their contents, only the records of BETCoffee alone are taken into account.

The player has no right to claim any type of compensation from the Company (e.g. due to system breakdown, incorrect, delayed, manipulated or abused data transmission via the internet).

We may cancel a betting rule or a bet at our sole discretion in case:

• it has been created by error;
• it has been placed beyond the close date/time of the corresponding rule;
• the outcome of the betting rule has been influenced, directly or indirectly by criminals acts.

The winners of a betting rule are regarded as the group of people who have placed a bet on the right thesis between the exact creation date/time and the exact end date/time of the rule. This also applies for long-term bets. Any changes to the classification made after this end date/time shall have no effect on the bet winnings, irrespective of the reasons for these changes.

The calculation of winnings and losses are soly based on self arbitration by the Users who placed a bet. The latter are invited by email to enter the outcome of the rule when it reaches its end date/time. They have 2 days to do so. If one User ignores the request or fails to respond, his/her head-to-head game is void, his/her stakes and the stakes of his/her direct opponents will be refunded or credited. Any other contingencies, including without limitation events that do not take place on the scheduled date, for whatever reason, or events who are terminated without an official result, or events whose results are made available after the end date/time of the betting rule, have not influence on the actual results and/or winnings and losses.

As BETCoffee is based on head-to-head betting, each User who places a bet on a rule must have at least one direct opponent who places a bet on the opposite thesis. The opposite bets can have a different value. If one User has no direct opponent at the close date/time of the rule, his/her bet is called off and his account is refunded.

For an internet bet to be valid, the betting account - which the User can check – must be in credit by at least the value of the stake.

In the event of obvious errors of the User, we have the right to make the necessary amendments.

Complaints regarding betting account statements and credit balance may only be brought forward within 15 days after the betting event. Failure to complain shall be deemed an acceptance of the account balance.

The User agrees that his/her personal data that has been shared with BETCoffee in subject to placing a bet, may be saved and stored in accordance of the betting procedure.

Users' requests and complaints are processed via electronic mail at info@betcoffee.com or at abuse@betcoffee.com to report an abuse.

Players that have problems with gambling addiction can find a contact list of helpful associations under the corresponding paragraph of the help section on the Website or by asking out customer support.

We exclude all representations and warranties as to the betting facility's satisfactory quality and/or fitness for its intended purpose.

Use of BETCoffee is entirely at your own risk. We make no representations or warranties of any kind, including but not limited to, the continued or perpetual availability of the service, without interruption or errors, and the ability for the User to create betting rules and/or to place bets.

The Company shall not be liable for any consequences or results of the loss, alteration, misuse, abuse of or fraudelous access to User data, incidental transmission of virus via electronic mail, misuse or unauthorised use of your User ID and/or password, whether fraudulent or otherwise, or any other harmful consequences of the attitude or behaviour of a User, the cancellation of a betting rule even if those consequences were known or could have been anticipated.

The Company does not warrant that:

• the software of the Website is fit for their purpose;
• the software and the Website is free from errors;
• the Website and/or the services offered will be accessible without interruptions.

The parties recognise that technical failures related to the hardware, the software or the Internet do represent unforeseeable circumstances and the Company shall not be liable in such circumstances.

Last update: 15.09.2009