This article sets out the terms and conditions that apply whenever you use any of the websites, apps, or services offered by Midnite.
Material Terms Summary
PLEASE READ THIS INFORMATION BEFORE YOU MOVE ON TO THE REMAINDER OF THESE GENERAL T&Cs
Everything contained in these Terms (see section 1.2 below for how "Terms" is defined) is important and should be read by you, but we would like to draw your attention in particular to the following sections in these General T&Cs (“General T&Cs” is defined in section 1.2 below) and the important terms and conditions that they contain. It is important that you read the sections themselves and not rely on the short summaries below:
By registering for an Account (defined in section 4.1 below) and/or accessing or using any part of the Services (defined in section 1.1 below) you are entering into a legally binding contract. That contract is between you and us and it incorporates all the terms, conditions, rules and documents forming the “Terms” (explained and defined in section 1.2 below). Please read section 1 carefully.
You must be 18 or over and meet certain other eligibility criteria and requirements to register for an Account and use the Services. Please read section 4 carefully.
We will need to complete our Verification Checks (defined in section 6.1.1) before you can do certain things in connection with your Account. We may also run Verification Checks on an ongoing basis after your Account has been opened. If we’re unable to complete our Verification Checks to our reasonable satisfaction, we will have the right to suspend and, ultimately, to close your Account, and we may pass on any necessary information to the relevant authorities. Please read section 6 carefully.
You may only register for one Account. If we discover that you have opened and/or operated more than one Account (which we call a “Duplicate Account”), we will have certain rights, including the right to close your Duplicate Account(s) (and in some circumstances your original Account too) and to void Transactions (defined in section 4.1 below), Promotions (defined in section 15.1 below) and/or winnings. Please read section 8 carefully.
Withdrawing your funds. You will usually be able to withdraw your available balance at any time, but there are certain circumstances in which we will be entitled to delay or withhold withdrawals. Please read section 10 carefully.
We will not tolerate fraudulent activity, cheating or any other “Prohibited Activities” (defined in section 11 below). If you do any of these things, we will have certain rights, including the right to restrict, suspend and, ultimately, close your Account, to void relevant Transactions and/or to withhold funds (including winnings). Please read sections 11 and 12 carefully.
In certain circumstances, our liability to you is limited or excluded. When you access and use the Services, it is important that you understand what we are liable for, when limits to our liability will apply (and what those limits are), and what we are not liable for. It is also important that you understand that we will not be liable to you under these Terms, and nor do we owe you a duty of care, in respect of our compliance or otherwise with any regulatory obligations that we may be under from time to time. Please read section 13 carefully.
Your obligation to compensate us and our right of set off. You may be required to compensate us if we suffer losses because you have engaged in a Prohibited Activity, and we are entitled to set off any positive balance on your Account against any amounts owed by you to us or any company within our corporate group. Please read section 14 carefully.
Maximum winnings limits apply to our Services. This means that, regardless of the amount you stake and no matter how much you appear to have ‘won’, you will only be entitled to receive up to the maximum winnings limit. Please read section 16 carefully.
We may suspend markets/settlement and/or declare Transactions void in certain circumstances. Such as, for example, where the integrity of an event has been called into question, or we suspect that the Transaction has been affected by match fixing or rigging, price or pool manipulation, other forms of cheating or other suspicious activity. Please read section 17 carefully.
Errors, Malfunctions, and Interruptions. If any part of the Services suffers an Error, Malfunction, or Interruption (as each of those terms are defined in section 19 below) we have certain rights including (but not limited to) the right to suspend the affected event/market while we investigate and/or void affected Transactions. This includes circumstances where the problem is not obvious to you or us and is only discovered by us when we check or verify the result of a Transaction and/or gameplay retrospectively. Please read section 18 carefully.
We may sometimes take actions in relation to your Account for legal and/or regulatory reasons including where required to do so by the terms of our licence and/or a regulatory authority. These actions include running certain Verification Checks, restricting/closing your Account, and preventing you from taking up Promotions and/or completing Promotions. Please read sections 6, 12.4 and 15 carefully.
1. Introduction - These General T&Cs and Other Important Terms That Apply to You
1.1 When you register for an Account with us (“Account” is defined in section 4.1 below) and/or use or access any of the betting, gaming and/or gambling products or services (including the www.midnite.com website and associated mobile application/s (the “Website”)) (together the “Services”), you will be entering into a legally binding agreement with us.
1.2 Not all of the terms and conditions that apply between you and us are set out in these General Terms and Conditions (the “General T&Cs”) – some of them are contained in separate documents in order to avoid these General T&Cs becoming too long. We cross-refer to these other documents and provide you with links to them below. They are still important terms which form part of the legal agreement between you and us, and you should read and understand them just like the rest of these General T&Cs. These cross-referenced terms which (together with these General T&Cs) form the binding agreement between you and us (which we refer to in this document as the/these "Terms") include the following:
Our General Promotion Terms and Conditions together with any specific terms relating to any Promotions (as defined in section 15.1 below) that we may offer from time to time via the Services (together the “Promotional Terms”).
Our Betting Rules, which comprise our:
Individual rules for our games and casino products, which in each case will be available when you access the particular product/s, for example by clicking on the “help”, “information”, “i”, “?”, or similar button.
1.3 In the event of any inconsistency between these General T&Cs and the other terms listed above, these General T&Cs will to that extent prevail.
1.4 In these General T&Cs, we have tried to be as clear as possible about what will happen in various situations. However, we do occasionally use expressions such as "may" or "are entitled to" in reference to actions that we may (or may not) take. These expressions are intended to convey the fact that the actions we may (or may not) take will depend on the exact circumstances that have arisen.
1.5 In these General T&Cs, you will see certain capitalised words being used. These capitalised words are ‘defined terms’ – this means that they have specific meanings. When you see a defined term with quotation marks and in bold, it will be accompanied by its specific meaning (for example where we have defined “Midnite” in section 2.1 just below) and wherever else that capitalised term is used it will carry the same specific meaning.
2. Who we are
2.1 References in the Terms to “Midnite”, “we”, “us” or “our” means Dribble Media Limited (for UK customers) and Midnite Europe Limited (for customers in Ireland).
Dribble Media Limited is incorporated under the laws of England and Wales, with Company Registration No.09555672, and registered address at 86-90 Paul Street, London, EC2A 4NE United Kingdom.
Midnite Europe Limited is incorporated under the laws of Malta, with Company Registration No.C90791, and registered address at Level 3 (suit 2327) Tower Business, Tower Street, Swatar Birkirkara BKR4013, Malta.
2.2 Midnite is licensed and regulated as an online gambling operator in: 1. Great Britain by the British Gambling Commission under licence number 4264; and 2. Ireland, by the Irish Revenue Commissioner under licence number 1019666.
2.3 As we made clear in the "Important Information” section at the beginning of these General T&Cs: notwithstanding our regulated status, we will not be liable to you under these Terms, and nor do we owe you a duty of care, in respect of our compliance or otherwise with any regulatory obligations that we may be under from time to time.
3. Changes To These Terms and/or the Services
Changes to these Terms
3.1 Midnite may change the Terms from time to time for a number of reasons including to comply with applicable laws and regulations, to reflect changes to the Services, for security purposes, and/or to reflect changes in our business practices or operations.
3.2 Minor or insubstantial changes may be made at any time and will become effective immediately on posting to this (or any other relevant) page and accordingly you are advised to review the Terms on a regular basis.
3.3 Material changes will be notified reasonably in advance before coming into effect, either by means of an in-Service notification or via email to your registered email address.
3.4 If you do not agree to any change in the Terms, you should immediately stop using the Services and close your Account by contacting Midnite’s Customer Support. If you continue to use the Services after the date on which the changes to the Terms come into effect, you will be deemed to have accepted those changes.
Changes to the Services
3.5 Midnite may change, modify, correct, suspend, add to, remove from, or discontinue any of its Services at any time from time to time without liability to you.
4. Account Eligibility and Registration
4.1 To use the Services, and to make any bets, wagers, stakes, and/or similar transactions (together “Transactions”), you must first register and be accepted for an account with us (“Account”).
4.2 To be eligible to open an Account and use the Services, you must meet all of the following criteria and by registering for an Account you promise to us that you:
are 18 years of age or over and of legal capacity to enter into these Terms and use the Services;
are a physical person (i.e. not a legal entity);
are a resident of the United Kingdom or the Republic of Ireland or, if applicable, any other permitted jurisdiction that may be listed on this page from time to time (together the “Permitted Jurisdictions”);
are acting solely for your own personal use in connection with your Account and your use of the Services (i.e., you are not acting on behalf of another party);
are not self-excluded from gambling (whether directly with us or via a multi-operator scheme such as GAMSTOP) and are not otherwise prohibited for any reason from gambling or from using the Services (please see section 21.7 below for more information about what will happen in this situation);
are not depositing funds originating from criminal and/or other illegal activities;
will deposit funds into your Account only through a payment method that you are authorised to use and which is in your own name;
accept that there is a risk of losing money when using the Services and you are responsible for any such loss;
do not already have an open Account with us (see section 8 below for more information about Duplicate Accounts);
have not previously had an Account with us (or any member of our corporate group) which we (or that member) have restricted or closed for any reason;
will keep your Account details up-to-date in terms of the following: first and last name, country of residence, valid email address and phone number.
4.2.1 We are not obliged to accept any registration for an Account.
4.2.2 Access and/or use of the Services may be illegal for people who are residents of, or are located in, certain countries. You are responsible for determining whether your access and/or use of the Services is not prohibited by applicable laws in your jurisdiction.
5. Account opening
5.1.1 To register for an Account, you must provide all requested information including:
your date of birth;
your first and last name;
your full residential address;
your valid email address and contact number; and
a selected username and a password.
5.1.2 By registering for an Account, you promise and confirm to us all information provided in their registration form (and at any point subsequently) is true, correct, complete and not misleading; and that you meet the eligibility criteria in section 4 above.
6. Verification Checks
6.1.1 We are required to undertake certain checks to comply with our legal and regulatory obligations – for example to verify your age, identity, address, location, financial circumstances, and the source of the funds you deposit and use – and we may also undertake other credit, fraud prevention and verification checks (together “Verification Checks”). We may ask you to provide various pieces of information and supporting documentation to enable us to carry out these Verification Checks, for example (but without limitation) a copy of your passport, driving licence, financial statements, documents to support the expenditure on your Account, proof of address and/or any other documents / evidence that we may reasonably require.
6.1.2 Underage gambling is a criminal offence. If we discover (after you've opened an Account) that you are under 18 years of age:
your Account will be closed;
any deposits you have made will be returned to you;
all Transactions made via your Account will be void; and
we may make a report to the relevant regulatory or law enforcement authorities.
6.2 By registering for an Account, you acknowledge and agree that we are entitled to conduct any Verification Checks that we may reasonably require and/or are required by applicable laws/regulations. We will carry out Verification Checks during Account registration, and we may also need to carry out additional/enhanced Verification Checks at certain points afterwards, for example where particular financial thresholds are reached and/or if certain risk factors arise or change, in each/either case as reasonably required for us to comply with our legal and regulatory obligations. You agree to promptly provide any information/documentation we may reasonably request in relation to such Verification Checks.
6.3 Until we have received all requested information/documents and completed our Verification Checks to our reasonable satisfaction, we will restrict or place limits on your Account in any manner that we reasonably deem to be appropriate, including by preventing you from accessing the Services, entering into any Transactions, or from making withdrawals. If our Verification Checks cannot be completed to our reasonable satisfaction, your Account will be suspended and, ultimately, may be closed. In this event, we may also be required by applicable regulation and/or a relevant authority to withhold funds in your Account.
6.4 We may supply the information that you have given us to authorised credit reference agencies, fraud prevention agencies, and/or other authorised third parties for use in identification and credit checks and for fraud detection and prevention purposes. We may also share your information with our regulators.
6.5 Your personal information will be processed in accordance with our Privacy Policy (see section 22 below).
7. Account security
7.1 When you register for an Account, you will be asked to choose your own password and username (together your “Account Credentials”).
7.2 It is your responsibility not to share your Account Credentials and to keep your Account Credentials secret and confidential at all times.
7.3 You are responsible for all Transactions made via your Account and all other activities taking place on/via your Account where your Account Credentials have been entered correctly (whether or not authorised by you).
7.4 If you have reason to believe that someone else has become aware of your Account Credentials or is accessing your Account, you must immediately contact Midnite’s Customer Support (see section 23 below for how to get in touch) and a new password will be issued.
7.5 Midnite is not required to maintain Account Credentials. If you misplace, forget, lose, or share your Account Credentials with someone else, or are otherwise unable to login to your Account for any reason other than Midnite’s error, Midnite will not be responsible and will not be held liable for any claim regarding that Account.
8. Duplicate Accounts
8.1 You can only register one Account with us, which can then be used across all of our Services. If we discover or have reason to believe that you have opened more than one Account, each such Account will be classified as a “Duplicate Account”. We are entitled, in respect of each Duplicate Account:
to close such Duplicate Account leaving you with only the original Account (unless we have reason – for example if you have deliberately or fraudulently opened more than one active Account – to close all your Accounts);
to treat all Promotions and/or free bets using the Duplicate Account (and if applicable the original Account), and all winnings accrued from such Promotions and/or free bets, as void; and
to void all unsettled and/or future Transactions on the Duplicate Account (and all winnings accrued from such Transactions).
9. Deposits and how your funds are protected
Deposits
9.1 Further details of how to deposit and accepted payment methods are available when you log into your Account under the headings “Deposit”.
9.2 You may only deposit funds into your Account from a payment source where you are the named Account holder.
9.3 We do not charge for deposits made by Debit Card. However, please be aware that some card issuers consider betting transactions as ‘cash’ payments and therefore may charge you a cash advance fee. Please check with your card issuer for further details.
9.4 You may only make Transactions of/up to the amount of cleared funds in your Account. This means that, if you want to make Transactions via your Account, you must deposit funds into that Account. Transactions which may inadvertently have been accepted when the Account did not have sufficient funds to cover the Transaction will be void.
How your funds are held and protected
9.5 Midnite is required by its licence to inform customers about what happens to funds, which we hold on account for them, and the extent to which funds are protected in the event of insolvency. Details of this can be found on the Gambling Commission’s website. For more information, please follow this link.
9.6 Midnite holds customer funds in accounts separate from business accounts; and arrangements have been made to ensure assets in the customer accounts are distributed to customers in the event of insolvency. This meets the Gambling Commission’s requirements for the segregation of customer funds at the level: medium protection. For more information, please follow this link.
9.7 Midnite is not a financial institution and funds held in Accounts do not accrue interest.
9.8 It is your responsibility, where applicable, to (i) pay any taxes due on your winnings and (ii) report your winnings and losses to the tax and/or other authorities in your jurisdiction.
9.9 It is your responsibility to comply with applicable legislation in the jurisdiction in which you are domiciled and/or resident. Midnite does not provide advice regarding tax and/or legal matters. If you need to obtain advice regarding tax and/or legal matters, you are advised to contact appropriate advisers and/or authorities in the jurisdiction in which you are domiciled and/or resident.
10. Withdrawals
10.1 You may withdraw any cleared real money balance in your Account at any time, provided that:
all payments made into your Account have been confirmed as cleared and have not been charged-back, reversed or otherwise cancelled;
we have completed our Verification Checks to our reasonable satisfaction (see section 6 above). Where we have requested information from you to carry out these Verification Checks, any delay in providing this information may cause delay when withdrawing funds;
we are not required to withhold payments of your deposit and/or winnings by applicable law or regulation and/or have not been instructed to do so by a regulator; and
there is currently no ongoing, or completed (save where completed and decided in your favour), investigation:
into an Error, Interruption or Malfunction (as those terms are defined in section 18 below) involving any aspect of the Services which you have used; or
where we have reasonable grounds to believe you have engaged in a Prohibited Activity (defined in section 11.2 below) which would entitle us to withhold funds in accordance with section 12.5 below,
and in the case of (a) and (b) above, you acknowledge and understand that, as we made clear in the “Important Information” section at the beginning of these General T&Cs, we are ultimately entitled to void any affected Transactions, withhold funds (including any winnings) and (in the case of illegal or Prohibited Activities) restrict, suspend and, ultimately, close your Account.
10.2 Withdrawals can only be made in the name of and to the registered Account holder.
10.3 Withdrawals can only be made using the same payment method you used to deposit.
10.4 You are responsible for providing Midnite with the correct details of your personal payment method for the purpose of withdrawals from your Account.
10.5 Depending on the payment method chosen by you, minimum and/or maximum deposit and withdrawal limits may apply, details of which limits can be found here for UK customers, or here for customers in Ireland.
10.6 Only one payment method may be active on your Account at a time. Details of how to change your payment method can be found here.
11. Prohibited Activities
11.1 You may only use the Services and your Account for lawful gambling purposes in accordance with these Terms. You must not engage in any activity which we define below as a “Prohibited Activity” and you acknowledge and understand that the consequences of you doing so will (depending on the specific circumstances) include the voiding of any relevant Transactions, the withholding of any attributable winnings, and the restriction, suspension and/or closure of your Account. You may also be liable to compensate us for losses suffered by us as a result of you engaging in a Prohibited Activity (see section 14 below).
11.2 The following activities (including any attempt to engage in the following activities) are each defined as a “Prohibited Activity”:
if you provide incorrect, incomplete, or misleading information while registering for an Account or afterwards (including, without limitation, to avoid GAMSTOP identification and circumvent self-exclusion) (except where you provide any incorrect, incomplete, or misleading information in order to pass relevant age-verification checks, which will be dealt with as described in section 6.1.2 above);
if we discover or have reason to believe that you have used the Services in a fraudulent manner and/or for illegal and/or unlawful purposes;
if we discover or have reason to believe that you have accessed or used the Services and/or your Account while under the influence of alcohol, drugs, and/or any other substance or in any other situation which impairs or affects (or is likely to impair or affect) behaviour or decision-making;
if you sell, transfer or acquire Accounts from or to other users of the Services;
if you allow any other individual, including any minor, to use your Account, to access and/or use any material or information from the Services, and/or access and/or participate in the Services;
if you harass, threaten, bully, embarrass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person in your use of the Services and/or in your communications with our customer services or other representatives;
if you access the Services from any jurisdiction other than a Permitted Jurisdiction, including if you use, or attempt to use, a VPN or similar technology to disguise your location;
if you allow any third party to use or access your Account, if your Account is being used for the benefit or on behalf of a third party, and/or if you are using the Services other than for your own personal and recreational use (including if you are using any third party’s Account);
if you have employed or made use of a system (including machines, robots or ‘bots’, computers, software or any other automated system) designed to provide an unfair advantage to customers including (without limitation) the use of artificial intelligence, automated players and/or player assistance software;
if we discover or have reason to believe that you are depositing or withdrawing money, or otherwise using the Services, without genuine play/wagering;
if we discover or have reason to believe that you have cheated, colluded, acted in syndicate with others, and/or taken unfair advantage of us, the Services, or any other user of the Services;
if we discover or have reason to believe that you are depositing funds into your Account without genuine gameplay and/or the intention to place Transactions;
if you deliberately attempt to circumvent our safer gambling policies and procedures;
if the name on your Account differs from the name on the payment method used to make deposits to your Account;
if we have received a “charge back”, “denial”, “reversal” and/or "return" notification via a deposit mechanism used on your Account;
if you become bankrupt;
if you misuse any Promotions, including if we discover or have reason to believe that you are taking unfair advantage of, or are exploiting or manipulating, any Promotions or you otherwise breach the Promotional Terms;
if we discover or have reason to believe that you have deliberately or fraudulently opened or are using one or more Duplicate Account(s);
if we discover or have reason to believe that you are prohibited from entering into a Transaction by any term of your contract of employment, these Terms, or any rule of a sport governing body or other professional body of which you are a member and which applies to you;
if we discover or have reason to believe that you are depositing money into your Account which originates from criminal and/or other illegal activities;
if we discover or have reason to believe that you have used automated systems or software to copy and/or extract the whole or any part of the Services, any information or data on the Services or any part of it, or any other information or data on or contained within or as part of the Services and/or its source code (sometimes referred to as ‘screen scraping’ or ‘scraping’);
if we discover or have reason to believe that you have sought to make commercial use of the whole or any part of the Services, the information or data on the Services (including, but not limited to, results, statistics, sporting data and fixture lists, odds and betting figures), or any other information or data on the Services and/or its source code;
if we discover or have reason to believe that you have in any way interfered, interrupted, or manipulated the operation of the Services or the normal running of any of the Services;
if we discover or have reason to believe that you have exploited or participated in the exploitation of a fault, loophole or error (including any Error, Malfunction or Interruption as defined in section 18 below) in the Services and/or in our or any third party's software; and
if you seriously breach these Terms in some other way.
11.3 Midnite is committed to detect and prevent software programs, which are designed to enable artificial intelligence (“AI Software”) to play on its Services, including but not limited to opponent-profiling, player collusion; robots, other ‘cheating’ software or anything else that in our reasonable opinion distorts normal game play and enables the customer to have an unfair advantage over other customers. You acknowledge that Midnite will take measures to detect and prevent the use of such programmes and AI Software using methods (including but not limited to reading the list of currently running programmes on a customer’s computer) and the customer agrees not to use any AI Software and/or any such programmes.
12. Suspension, limitation, and closure of your Account by us
12.1 We may close, limit or suspend your Account at any time. We will notify you reasonably in advance of any Account closure by us, except where we discover or suspect (acting reasonably) that you have engaged in a Prohibited Activity, in which case we are entitled to take such action without notice following the process set out below.
12.2 If we discover or have reasonable grounds to suspect that you have engaged in any Prohibited Activity, we will restrict or suspend your Account without notification, and your Account will remain restricted/suspended while the matter is investigated. You agree to cooperate fully with any such investigation. Your funds cannot be accessed or withdrawn during periods of suspension, and any balance will remain in the Account. We will use reasonable efforts to undertake our investigation within a reasonable period, but you acknowledge that any delay on your part to respond to our information or other requests will affect our ability to do so.
12.3 If our investigation results in our decision (acting reasonably) that the issue has been resolved to our satisfaction, we will lift the Account suspension. If our investigation results in our decision (acting reasonably) that you have engaged in any Prohibited Activity, we will close your Account. In these circumstances, your details may be passed on to any applicable regulatory authority or any other relevant external third parties.
12.4 We may also from time to time be required to restrict, suspend or close Accounts for legal or regulatory reasons, including where we are required to do so by a competent authority and/or the terms of our licence. Such actions, if applicable, may affect your use of your Account.
12.5 If we close your Account, any positive real money balance in your Account at the time of such closure by us will be paid back to you, except that:
if you have engaged in illegal activity, we are under no obligation to refund to you any money that may be in your Account; and
if we discover or determine (acting reasonably) that you have participated in any Prohibited Activity then we will withhold all or part of the Account balance and/or void or recover from your Account deposits, pay-outs, Promotions, and/or any winnings (if/as applicable) in each case to the extent attributable to the relevant Prohibited Activity/ies.
13. Our responsibility to you
13.1 Nothing in these Terms excludes or limits our liability for:
death or personal injury caused by our negligence;
fraud or fraudulent misrepresentation; or
any liability which cannot be excluded or limited under applicable law including your statutory rights as a consumer.
13.2 Subject always to section 13.1 above, we will not be responsible to you or any third party for any damages, liabilities or losses which are deemed or alleged to have arisen out of or in connection with the Services or its content, including arising from or in any way connected with:
any Error, Malfunction or Interruption, or if for any reason the Services (or any part of them) are unavailable at any time or for any period;
any use by you of the Services, including where you are in breach of the Terms (including any Prohibited Activity on your part);
losses that were not foreseeable by you and us at the time you first accepted the Terms;
any incomplete, lost or delayed Transactions, other than to the extent caused by our failure to use reasonable care and skill;
(if you use the Services for any non-personal/business purposes, which you are not permitted to do) any business losses and/or losses to non-consumers (for example loss of business, loss of business information, business interruption and loss of profits or revenues);
damage to your equipment or any loss or corruption of data that results from your use of the Services, except that if any defective digital content that we have supplied to you damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation;
Midnite’s closure, restriction, limitation, or suspension of your Account in accordance with these Terms;
any delay in performing, or failure to perform, any of our obligations if such delay or failure results from events, circumstances or causes beyond our reasonable control including (without limitation) any telecommunications network failures, power failures, failures in third party computer hardware or software, fire, pandemic, lightning, explosion, flood, severe weather, industrial disputes or lock-outs, terrorist activity and acts of government or other competent authorities;
your deliberate circumvention of any ‘safer gambling’ measures in place (whether put in place by you or by us); or
any failures or issues that arise due to your equipment, internet connection or internet or telecommunication service provider (including, for example, if you are unable to place Transactions or view or receive certain information in relation to particular events).
13.3 As we made clear in the “Important Information” section at the top of these General T&Cs, we will not be liable to you under these Terms, and nor do we owe you a duty of care, in respect of our compliance or non-compliance with any regulatory obligations that we may be under from time to time.
13.4 Subject always to section 13.1 above, and save in respect of any winnings or other sums properly owing to you in accordance with (and subject to) these Terms, Midnite's total aggregate liability to you under or in connection with these Terms is limited to:
where the liability relates to a specific Transaction, the amount of the applicable stake made by you in respect of such Transaction;
the amount of applicable monies, where such monies have been misplaced by us; or
£2,000 in respect of any other liability.
13.5 While we try to ensure that the information made available via the Services is correct, we cannot (and do not) guarantee the accuracy or completeness of the information and material on the Services. The Services may contain typographical errors or other inaccuracies, or information that is out of date. We are under no obligation to update such information or material. Subject always to section 13.1 above, the information and material on the Services is provided “as is”, without any conditions, warranties or other terms of any kind.
14. Your responsibility to us, our right of set-off
14.1 You agree to compensate us for any costs, charges or losses sustained or incurred by us arising from any Prohibited Activities on your part.
14.2 We may set off any positive balance on your Account against any amounts owed by you to us or any company within our corporate group.
15. Promotions
15.1 Midnite may offer certain bonuses and/or promotional offers from time to time via the Services, which may include (but are not limited to) free bets, bet credits, bonuses, and price and odds boosts (each a “Promotion” and together “Promotions”).
15.2 All Promotions are subject to these Terms which, as explained in section 1.2 above, includes our Promotional Terms.
15.3 All Promotions are limited to one per person, with the exception of so-called “Refer a friend” Promotions.
15.4 We may withdraw, amend or cancel any Promotion at any time and without notice. If we do so (and save in the circumstances outlined in section 15.5 below), any Promotions that you have opted in for or otherwise accrued will still be valid in accordance with and subject to the relevant Promotional Terms that applied at the time of their offer.
15.5 We may also prevent the take-up of new Promotions and/or the completion of Promotions for legal and regulatory reasons including but not limited to those relating to the prevention of fraud, any unlawful behaviour by you and/or safer gambling.
16. Maximum winnings limits
16.1 As we made clear in the "Important Information" section at the beginning of these General T&Cs, maximum winnings limits apply to the Services and these limits apply regardless of the amount you have bet or staked on those Services. This means that, regardless of the amount you bet/stake and no matter how much you appear to have ‘won’ as a result of a Transaction, you will only be entitled to receive up to the applicable maximum winnings limit.
16.2 The current limits that can be won by a single customer are set out on the Website here.
16.3 For multiple bets including selections from markets where different limits apply, the maximum payout on the bet will default to the lowest applicable limit.
16.4 It is the responsibility of the customer to ensure details of their bets/wagers are correct. Once bets/wagers have been placed they may not be cancelled by the customer.
16.5 We may limit or refuse any Transaction made by you through your Account at any time. We are not obliged to give reasons for doing so but will make reasonable efforts to give reasons where possible.
17. Resulting and Payout
17.1 A Transaction that you request will only be valid once accepted by Midnite’s servers. Each valid Transaction will receive a unique transaction code/ID. We will not be liable for the settlement of any Transaction which is not issued with a unique transaction code/ID. If you are unsure about the validity of a Transaction, please check your Account history or contact us.
17.2 Should a dispute arise with respect to the outcome of a Transaction, you and Midnite agree that the Midnite transaction log database will be the ultimate authority in such matters.
17.3 Midnite may suspend a market at any time prior to the outcome of that market being determined. When a market is suspended, any bets entered beforehand will be void, and the balance returned to the customer’s Account.
17.4 The 'To Return' calculation available on our Website is for information purposes only, and all bets will be calculated using the respective stake published at the time the odds are accepted. Where a customer has placed multiple bets in respect of which some are subsequently voided, the 'To Return' figure will be reduced in line with the removed selection only. Similarly, if you include a non-runner or void selection in a multiple bet, the bet will be settled on the remaining selections only.
17.5 Winnings from settled bets will be added to the balance of your Account.
17.6 Midnite is entitled to withhold payment and to declare Transactions on a particular event void if we have evidence that any of the following has occurred:
the integrity of the event has been questioned;
the prices has been manipulated; or
match fixing has taken place.
A decision given by the relevant governing body of the sport in question (if any) will be conclusive in determining whether any of the above has taken place.
17.7 In the case of a series of bets being placed by individuals or a syndicate to manipulate these Terms, Midnite has the right to withhold/stop payment or winnings until such a time as Midnite is satisfied no Terms have been broken (Midnite taking steps to make such determination as soon as reasonably practicable).
17.8 For events where there is no official 'off' declared, the declared original start time of the event will be deemed the 'off'. If for any reason a Transaction is accepted after an event or match has started (other than in-play betting clearly indicated on the website), such Transactions will only stand if the final outcome is not known, and no participant/team has gained any material advantage from the time the respective Transaction was placed. If the outcome of an event/market is known, Midnite may void and return the value of the Transaction to your Account. Disputes over times Transactions are placed will be settled using the transaction logs on our servers. All times stated on the Website are UK time unless stated otherwise.
17.9 In-play betting: where we have good reason to suspect that a bet is placed after the outcome of an event/market is known, or after the selected participant or team has gained a material advantage (e.g. a score, sending off etc) we will void the Transaction and return the respective value to your Account (win or lose).
17.10 If for any reason outside our reasonable control we are unable to properly validate the outcome of a particular market (e.g. due to loss of information) and therefore determine the success (or loss) of the Transactions on that market, all Transactions will be void.
17.11 We are entitled to (i) suspend our offering on any event or series of events in any of our markets and/or any of our markets as a whole; (ii) withhold settlement, and/or (iii) declare Transactions void, in each/either case if we have evidence that any of the following has occurred in connection with such event or series of events:
the integrity of the event(s) has/have been called into question;
we have reason to believe automated systems or players have place the bet;
the price(s) or pool have been manipulated;
we have received erroneous information from feeds in connection with the event(s);
irregular or unusual betting patterns have taken place; or
match rigging has taken place.
Evidence of the above may (without limitation) be based on the size, volume or pattern of Transactions placed with us across any or all of our betting channels. If no fraudulent or unlawful conduct is found to have occurred following completion of our investigation (and/or, if applicable, the investigation of the relevant governing body of the sport in question (if any)), settlement of the relevant Transactions will be completed. A decision given by the relevant governing body will be conclusive.
18. Malfunctions, Errors and Interruptions
18.1 We try to provide you with a high-quality betting and gaming platform, but we cannot guarantee that the Services will at all times perform correctly. Various kinds of mistakes and errors can occur - technical, human and otherwise - and you understand and agree that we can only provide the Services to you, and you must accept them, in the condition that we make them available from time to time.
18.2 Below are some key definitions to help you understand this Section:
A “Malfunction” refers to where an automated process fails to operate as designed or intended; for example where a piece of computer software produces a deviation from its intended performance specifications or parameters, or where two pieces of software fail to interface or communicate with each other in the manner intended or designed, in either case so as to produce a result which is not the result that was intended or designed. These malfunctions may or may not be apparent to us or to you and they may only come to light as and when settlement instructions, game outcomes, winnings or cashouts are investigated and analysed retrospectively.
An “Error” refers to a mistake or error that is not exclusively technical, for example the mistaken posting of incorrect odds, the offer of incorrect prices or terms for participation in a promotion or gambling opportunity. Errors can arise from human mistakes, administrative, operational or systems failures and combinations of all of these. Errors include (but aren’t necessarily limited to) so-called ‘palpable’ or ‘obvious’ errors.
An “Interruption” refers to an interruption in a gambling Transaction for any reason, for example an interruption caused by the failure of the internet or connectivity, or severe latency in communications, or technical failure due to some disaster or unforeseen event.
18.3 Where any of the above occur, we will deal with them as described below and it is important that you understand and agree to the following before you use the Services, as we made clear in the “Important Information” section at the top of these General T&Cs:
Malfunctions
18.4 If as a result of a Malfunction, your Account is credited with winnings that you would not have received were it not for that Malfunction, we will have the right to void the relevant and any related Transaction(s) and withhold the relevant winnings. This applies even if the relevant gambling product or Promotion could have produced the same or similar amount of winnings without the intervention of the Malfunction and it applies whether the Malfunction was apparent to you or to us or not. If you have withdrawn any such winnings, you agree that you will pay them back to us as and when we ask you to. Where any Malfunction is or becomes apparent or obvious to you or you suspect that a Malfunction may be occurring, you agree that you will cease your use of the relevant Service(s) immediately and will contact us immediately (see Section 23 below for our contact details).
Errors
18.5 In the event of an Error, the same applies as for Malfunctions, as set out above.
18.6 Where any Error is or becomes apparent or obvious to you or you suspect that an Error may be occurring, you agree that you will cease your use of the relevant Service(s) immediately and will contact us immediately (see Section 23 below for our contact details).
Interruptions
18.7 Our priority is to ensure that we deal with interruptions in a way that is fair and does not systematically disadvantage our customers.
18.8 In relation to betting, we are entitled to suspend betting markets, void Transactions and return stakes to customers.
18.9 In relation to gaming:
where an Interruption occurs after we receive notification of your gamble and where you can have no further influence on the outcome of the event or gamble, the results of the gamble will stand;
where an Interruption to a single-participant single stage event occurs before an outcome has been generated we will return your stake to your Account;
for games where there are multiple stages or decision points we will take all reasonable steps to restore the game to its last known state prior to the Interruption to enable you to complete the game;
for games with multiple participants (equal chance or otherwise) we will deal with these as seems fairest to us (acting reasonably) on a case-by-case basis; and
for games that are progressive jackpots, progressive jackpot values will be restored to their pre-failure state to the extent it is within our control and not the games provider.
19. Intellectual Property
19.1 All trademarks, service marks and trade names as well as images, graphics, text, concepts or methodologies (collectively the “Intellectual Assets”) found or available on or via the Services and the material contained therein are the exclusive property of Midnite and/or Midnite’s suppliers, licensors, and/or partners. You are not entitled to exploit or otherwise use any Intellectual Asset for whatever purpose, except for what is allowed by law.
19.2 Where Intellectual Assets are licensed to us by third parties, third party terms and conditions may also apply to you when you access or use those Intellectual Assets.
20. Closing your own Account
You may close your Account at any time by contacting Midnite’s Customer Support using the contact details provided in the “FAQ” section on the Website, either by phone, email or live chat. Any funds in the Midnite Account will be remitted to the Account Holder, unless we are entitled to withhold funds in accordance with these Terms and/or required by any applicable regulation and/or a relevant authority to withhold funds in your Account.
21. Safer gambling
21.1 You may, in your Account settings:
set a limit on the amount that you may deposit (on a net basis) and/or lose within a specified period of time (details of which can be found here);
exclude yourself from playing for a definite period of time (see further info below);
apply a “Cool Off” to your Account, a temporary block for one day up to 30 days in order to take a temporary break from your gambling.
21.2 If you have set a deposit and/or loss limit as described above, you may change the limit in your Account settings. Increasing or removing a limit takes effect 24 hours after Midnite has registered the change. Decreasing (making more restrictive) a limit takes effect immediately after Midnite has registered the change.
Self-exclusion
21.3 For the majority of our customers, gambling is an entertaining pastime but we acknowledge that for some people, it can become a problem. Any customers wishing to limit their gambling can ‘self-exclude’ from our Services. Self-exclusion is a formal process through which customers can request to be excluded from our Services for a defined period of time (six months, one year, two years, or five years).
21.4 Any request to self-exclude will be effected within 24 hours. During any period of self-exclusion your Account will be closed and you will be unable to use our Services. Any positive balance on your Account will be returned to you, along with any positive results of Transactions that are active at the point of self-exclusion, unless we are required by any applicable regulation and/or a relevant authority to withhold funds in your Account. Once the period of self-exclusion becomes effective, it cannot be cancelled by either Midnite or the customer for any reason. At the end of any period of self-exclusion, customers can either request to have their Account reactivated, or to set another period of self-exclusion. Any requests to reactivate the Account will be subject to a 24 hour ‘cooling-off’ period.
21.5 If you self-exclude, you must not open (or attempt to open) another Account with us during your period of self-exclusion.
21.6 If you wish to self-exclude from our Services, you can do so by emailing support@midnite.com or through the ‘Self-Exclusion’ section in the ‘Account’ menu. You can also register with GAMSTOP (www.gamstop.co.uk) to exclude from the services of all UK gambling companies registered with GAMSTOP.
21.7 Although we will use our reasonable efforts to enforce our responsible gambling policies, we do not accept any responsibility or liability if you nevertheless continue gambling and/or seek to use the Services with the intention of deliberately avoiding the relevant measures in place (whether put in place by you or by us) and/or we are unable to enforce our measures/policies for reasons outside of our reasonable control including if you have provided us with details which are not true and accurate and/or are misleading in order to circumvent any safer gambling policies or tools.
Financial Limits
21.8 When setting up your Account you may also choose to impose a ceiling on the maximum deposits (net) or losses you may make within a specified period of time: daily, weekly or monthly.
21.9 Upon setting a limit or exclusion in the manner contemplated above, you can only change or revoke the limit or exclusion by written notice or electronic notice sent to Midnite.
22. Privacy and Cookies
22.1 Your personal information is processed in accordance with our Privacy Policy, a copy of which is available by clicking here.
22.2 Our Cookies Policy – a copy of which is available by clicking here – explains what cookies are, how they are used on the Services, and how to manage their use.
23. Getting in touch with Midnite
23.1 If you wish to get in touch with us, you can do so via any of the contact methods set out on this page.
23.2 All telephone communications between you and Midnite are recorded for security and training purposes and/or compliance with accounting and finance regulations.
23.3 All electronic communications between the Account Holder and Midnite are kept on record for compliance with accounting and finance regulations.
24. Claims and disputes
24.1 Midnite is committed to providing a high quality, accessible and responsive service to its customers. If you are dissatisfied with any aspect of our Services, you can make a complaint via any available channel – please see our Contact Us page here. All complaints are taken seriously, investigated thoroughly and handled in a confidential manner. You can find a full, easy to follow procedure guide on how to make a complaint in our help and support page here.
24.2 When making a complaint, you must provide us with a comprehensive description of the nature of your complaint along with your personal details.
24.3 A complaint can be made anytime within 6 months of the incident in question. After that, we will not consider or respond to the complaint. We will, unless prevented by reasonable interference, acknowledge receipt of the complaint within 24 hours, and to resolve the complaint (to the satisfaction of both you and us) within 15 working days of receipt. Should this not be possible, we will provide you with an explanation and a date by which you can expect a full (and final) response, which will be within 8 weeks.
24.4 If we are unable to settle the dispute within 8 weeks of receiving it, either you or we are entitled to refer the dispute to the Independent Betting Adjudication Service (IBAS). You can submit a dispute via their website at www.ibas-uk.com or contact them by email at adjudication@ibas-uk.co.uk. You accept and agree that the resolution of a dispute agreed by you and arrived at with the assistance of IBAS will be binding on both you and us. We would draw your attention to the matters which IBAS will and will not consider here.
25. Other important legal terms
25.1 If you breach these Terms and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.
25.2 The rights and remedies provided by these Terms are cumulative and (unless otherwise provided in these Terms) do not exclude any other rights or remedies available to us.
25.3 If any provision of these Terms is found by any court or body of competent jurisdiction to be invalid or unenforceable, the other provisions shall continue to apply.
25.4 We may transfer our rights and/or obligations under these Terms to another organisation at any time. Without limiting the preceding sentence, we may wish to transfer our rights or obligations under these Terms to another company within our corporate group or any other legal entity, including if we restructure or there is a sale of our business. You agree that we may do so provided that in the case of such a transfer, after we notify you of the date on which such transfer takes place, your rights under these Terms will be against the new legal entity. If you are unhappy with the change, you may close your Account at any time.
25.5 These Terms are personal to you. You may not transfer your rights or obligations under these Terms to anyone else.
25.6 The Terms may be published in a number of languages for information purposes and for ease of your access. Should there be any discrepancy between the terms in the English language version and the version in any other language, the English version will prevail.
25.7 These Terms are governed by and will be interpreted in accordance with the laws of England and Wales provided that such choice of law will not deprive you of any mandatory consumer protections of your home country (if different).
25.8 The courts of England and Wales will have exclusive jurisdiction to settle any dispute which may arise out of or in connection with these Terms, provided that this choice of law will not prevent you from bringing proceedings in the courts of your home country, if different.