- GENERAL INTRODUCTION, DEFINITIONS AND STIPULATIONS
1.1 Midnite provides the Services to you through Dribble Media Limited, a company duly incorporated and registered on 22nd April 2015 under the laws of England and Wales, with Company Registration No. 09555672, and having its registered office and business address at 86-90 Paul Street, London, EC2A 4NE United Kingdom.
1.2 The “Midnite Rules” are the terms and conditions constituting the complete, final and exclusive agreement between the Account Holder (“you”) and Midnite, and governing the contractual relationship between Midnite and the Account Holder. The Midnite Rules supersede and merge all prior agreements, representations and understandings between the Account Holder and Midnite. By opening a Midnite Account, registering, logging-in, using the Services, participating in the games, or accepting any Prize, a visitor or an Account Holder fully understands and agrees:
a. to become a party to the Midnite Rules,
b. that he/she has read, understood and will be adhering to these Terms and Conditions, and
c. that he/she shall abide by all its terms.
Midnite may update, amend, edit and supplement the Midnite Rules at any time. Any substantial amendment to the Midnite Rules shall be notified in advance by Midnite to the Account Holder, before coming into effect and will require your consent. If you do not agree with the amendment(s) to the Midnite rules, you will not be permitted to continue using the Services.
All references in the Midnite Rules to the singular shall include the plural and vice versa. All references to “the” shall include “a/an” and vice versa.
1.3 An “Account Holder” is an individual having a contractual relationship with Midnite by creating a Midnite Account on the Website.
1.4 A “Midnite Account” is an account held by an Account Holder, for bona fide transactions, with a strict aim to establish a normal commercial relationship with Midnite and with the strict purpose of conducting betting and other gaming and gambling transactions.
1.5 The “Contract” is the contractual relationship between Midnite and an Account Holder and shall be constituted under and governed by the Midnite Rules, i.e. the “Terms and Conditions”.
1.6 The “Governing Authorities” are the relevant authorities of a given jurisdiction.
1.7 The “Governing Law” is the law of a given jurisdiction.
1.8 The “Place of the Contract” is England and Wales.
1.9 The “Regulator” is the relevant gaming authority, which is a regulatory authority established by the law of its country to govern all forms of gaming in a given jurisdiction.
1.10 The “Website” is the internet gateway accessible through the internet address www.midnite.com where all current and relevant information regarding Midnite’s operations is published, and through which the Services are provided to the Account Holders.
1.11 The “Services” are the gaming and betting offers provided by Midnite to the Account Holder through the Website.
1.12 The “Gaming and Betting Duty” refers to the special tax applicable on gaming and betting in a given jurisdiction.
1.13 A “Card” refers to all types of cards with a function of “payment”, “charge”, “debit”, “credit”, “virtual” and/or similar.
1.14 A “Payment Solution Provider” is an intermediary acting as a payment agent for various different payment methods.
1.15 A “Financial Institution” is a bank and/or other institution regulated by an applicable domestic financial services Act or similar.
1.16 “Force Majeure” refers to any occurrence or condition beyond one’s reasonable control which leads to a delay or default in the performance of the affected party’s contractual obligation and shall, for the purposes of the Midnite Rules, include Acts of God, government restrictions (including the denial or cancellation of any necessary licence where such denial or cancellation is made through no fault of the affected party), wars, outbreak of hostilities, riots, civil disturbances, insurrections, acts of terrorism, fire, explosions, floods, theft, malicious damage, strikes, lockouts, and/or any other cause beyond the reasonable control of the party whose performance is affected.
1.17 “Client Application” shall mean the web browser application opened by the Account Holder in order to use the Services.
1.18 “Software” shall mean all software used by Midnite to offer and/or operate the Services and/or run the Client Application.
1.19 A “Prize” is an amount, a bonus or a reward that can be won by the Account Holder.
1.20 An “Inactive Account” is a Midnite Account, which has not recorded any log-in and/or log-out for a period exceeding 12 consecutive months.
1.21 All trademarks, service marks and trade names as well as images, graphics, text, concepts or methodologies (collectively the “Intellectual Assets”) found on the Website, the Client Application and the material contained therein are the exclusive property of Midnite and/or Midnite’s suppliers and partners. The Account Holder is not entitled to exploit or otherwise use any Intellectual Asset for whatever purpose, except for what is allowed by law.
Dribble Media Limited is duly licensed by the British Gambling Commission to provide facilities for real event betting under the Remote Operating License Number: 42647.
3. ACCOUNT RULES
3.1 Creation of a Midnite Betting Account
3.1.1 An individual cannot participate in a game for money unless that individual is an Account Holder. To be registered as a player, an individual must register personally and submit an application for registration. The following information must be provided:
a. date of birth and provide valid identification showing that the player is over eighteen (18) years of age or the applicable legal age of majority as stipulated in the jurisdiction of your residence (identification documents which must be submitted include: copy of a valid identity card, passport or driving licence);
b. player’s first and last name;
c. player’s full residential address;
d. player’s valid email address and contact number; and
e. a username and a password
3.1.2 An individual applying to become an Account Holder warrants and represents not to be under the age of eighteen (18) years. Minors cannot register as a player and cannot hold a Midnite Account. Midnite reserves the right to request additional proof of age and perform additional checks in order to verify the information provided. A Midnite Account may be suspended until satisfactory proof of age is provided.
3.1.3 As part of the registration process, the potential customer is asked to confirm that they agree with the Terms and Conditions and affirm that they are of over 18 years of age. During the registration the customer is asked to submit a scanned copy of identity to verify their age. No gambling will be permitted until age verification has been successfully completed. Meanwhile, if the age verification process reveals that the customer is underage, Midnite.com returns to the customer any money paid in respect of the use of the gambling facilities. In this event, no winnings shall be paid.
3.1.4 An individual applying to become an Account Holder furthermore warrants and represents:
a. to be a physical person (a legal entity will not be accepted as an Account Holder);
b. not to be a resident of restricted jurisdictions. Midnite reserves the right to only allow players to open an account from permitted jurisdictions only.
c. not to be a professional player in any sport, competition or league where Midnite offers betting;
d. not to be restricted by limited legal capacity;
e. not to be acting on behalf of another party;
f. not to be classified as a compulsive problem gambler, and/or be included (whether voluntarily or involuntarily) on any register or database of excluded players;
g. not to be depositing funds originating from criminal and/or other illegal activities;
h. not to be depositing funds through a Card which the Account Holder is not authorised to use and/or utilizing a Card in a jurisdiction in which betting and gaming are prohibited;
i. not to be depositing funds through a Card which is not in the name of the Account Holder;
j. not to be conducting criminal activities whereby a Midnite Account is directly or indirectly involved;
k. not to be holding an active account with another legal entity which is part of the same group as Midnite, meaning other entities directly or indirectly controlled by Dribble Media Limited.
l. not to use the Services if it is illegal in his/her country of residence or otherwise restricted for him/her to open a gaming account, purchase or use services from Midnite and/or otherwise participate in the games offered. It is the Account Holder’s responsibility to ensure his/her use of Midnite’s Website and Services is legal;
m. not to find the Website or the Services offensive, objectionable, unfair, nor indecent; and
n. to maintain his/her Midnite Account details up-to-date in terms of the following: first and last name, country of residence, valid email address and phone number.
3.1.5 An individual applying for a Midnite Account acknowledges and accepts:
a. all definitions and stipulations as stated under the Midnite Rules;
b. the Midnite Rules as currently published on the Website, as well as any possible future changes to the Midnite Rules;
c. that the Place of the Contract in England and Wales; and
d. that the Contract is governed by: (i) the Midnite Rules as published in English; (ii) any regulatory provisions or other decisions made from time to time by the Governing Authorities; and (iii) the Governing Law of the Place of the Contract.
3.1.6 An individual applying for registration warrants and represents that any information provided in their application form is true and correct. Failing this, Midnite will not register the individual, and where that individual has already been registered, Midnite will block the Midnite Account when it becomes aware that the individual has provided false information when registering as a player.
3.1.7 Midnite reserves the right to refuse the registration of any individual for any reason, at its sole discretion. Any contractual obligations already made will be honoured.
3.1.8 You can only register one (1) Account with us, which can then be used across all of our Services. If we identify that You have acted fraudulently or dishonestly in opening multiple/duplicate accounts, we reserve the right to suspend, close or withhold any winnings/funds and bonus credits that have accumulated on those accounts. We also reserve the right to close any and all accounts.
3.2 Management of a Midnite Account
3.2.1 Midnite reserves the right at its own discretion and at all times, to:
a. decline to open a Midnite Account and/or to close an existing Midnite Account without any explanation whatsoever;
b. decline to accept deposits without any explanation whatsoever;
c. deal with bets containing obvious price or terms errors as per section 12 of these General Terms and Conditions.
d. cancel the bets even after the end of the event if these bets are won by the User as a result of a technical failure.
e. request documents to verify: (i) the identity of the Account Holder, (ii) his/her authorization to use a specific Card and/or (iii) other facts and information provided by the Account Holder. Further documentation may be requested to fulfil other regulatory requirements. Such request may be made at any given moment and Midnite reserves the right to suspend an account pending investigation;
f. transfer and/or license, without prior notice, data regarding an Account Holder to any other legal entity, in any country, ultimately managed and controlled by Midnite Limited, subject to Midnite guaranteeing that the said data at all times is transferred and managed in accordance with applicable laws, data protection acts and/or similar;
g. transfer and/or license, without prior notice, the rights and liabilities regarding an Account Holder to any other legal entity, in any country, ultimately managed and controlled by Midnite Limited, subject to Midnite guaranteeing the liabilities being honoured;
h. hold and manage funds belonging to Account Holders in accordance with generally accepted guidelines for cash management regarding such funds; this may include a Financial Institution and/or a Payment Solution Provider being entrusted to hold funds in the name of and/or for the benefit of Account Holders, as approved by the Regulator;
i. forfeit and/or confiscate funds available on a Midnite Account and/or refuse to honour a claim, in the event that, directly or indirectly: (i) the Midnite Rules have been violated; and/or (ii) other unauthorised activities have occurred in connection with a betting event and/or the operation of a Midnite Account (such as, but not limited to, breach of the law or other regulations, breach of a third party’s rights, fraud, and cheating);
j. suspend and/or cancel the participation of an Account Holder in the games, promotional activities, competitions or other services, whenever Midnite is of the opinion that there are legitimate concerns that a Midnite Account is, has been, or may be used for illegal, fraudulent or dishonest practices;
k. suspend and/or cancel the participation of the Account Holder in the Services, and/or forfeit and/or confiscate funds available on their Midnite Account if the Account Holder is found cheating, or if it is determined by Midnite that the Account Holder has employed or made use of a system (including machines, robots, computers, software or any other automated system) designed to defeat or capable of defeating the Client Application and/or Software.
Midnite is committed to detect and prevent software programs, which are designed to enable artificial intelligence (“AI Software”) to play on ITS website(s) including but not limited to opponent-profiling, player collusion; robots, other ‘cheating’ software or anything else that in our reasonable opinion distorts normal game play and enables the player to have an unfair advantage over other players. You acknowledge that Midnite will take measures to detect and prevent the use of such programs and AI Software using methods (including but not limited to reading the list of currently running programs on a player’s computer) and the customer agrees not to use any AI Software and/or any such programs.
l. suspend and/or cancel the participation of Account Holder in the Services, and/or forfeit and/or confiscate funds available on their Midnite.com Account if there is evidence that multiple accounts have the same credit or debit card or e-payment account, and/or have registered, or accessed the account, or placed bets using the same mobile phone device/account/number.
3.2.2 Midnite warrants and represents at all times to:
a. manage funds belonging to Account Holders in a secure and appropriate manner; and/or
b. absorb the cost of and pay the Gaming and Betting Duty, as applicable, at the Place of the Contract;
c. manage data regarding an Account Holder in accordance with applicable laws, data protection acts and/or similar;
d. not offer contingencies to customers to proceed to any fund transfer between customers’ accounts.
3.2.3 Midnite is required by its licence to inform the Account Holder about what happens to funds, which we hold on the account for them, and the extent to which funds are protected in the event of insolvency. Details of which can be found on the Gambling Commission website. For more information, please follow this link: gamblingcommission.gov.uk
Midnite holds customer funds separate from company funds in a Customer account. Player account balances, held under the Gambling Commission’s licence, are safeguarded with regulated Financial Institutions. This meets the Gambling Commission’s requirements for the segregation of customer funds at the level: medium protection.
3.2.4 A Midnite Account does not accrue interest. The Account Holder shall not treat Midnite as a financial institution.
3.2.5 An Account Holder can only hold one Midnite Account at a time. In the event that this rule is breached, Midnite reserves the right to block and/or delete the superfluous Midnite Account(s) held by the Account Holder in breach of this clause, and reallocate all the funds to a single Midnite Account. No bonus given to the superfluous Midnite Account(s) will be reallocated.
3.2.6 A Midnite Account is non-transferable. It is prohibited for players to sell, transfer or acquire accounts from or to other players. Funds cannot be transferred between Midnite accounts.
3.2.7 An Account Holder shall not allow any other individual, including any minor, to use or reuse its Midnite Account, access and/or use any material or information from the Website, accept any Prize, or access and/or participate in the Services.
3.3 Responsible gaming – Account settings
3.3.1 An Account Holder may, in the Midnite Account settings:
a. set a limit on the amount that they may wager or deposit into their Midnite Account within a specified period of time, depending on their country of residence;
b. exclude themselves from playing for a definite period of time.
c. apply a “Time Out” to their account, a temporary block of 24 hours, one week, one month or two months in order for clients to take a temporary break from their gambling.
3.3.2 An Account Holder who has set a deposit limit as above in a) may change or revoke the limit in the Midnite account settings. Increasing or revoking a limit takes effect seven days after Midnite has registered the change. Decreasing a limit takes effect immediately after Midnite has registered the change. Midnite shall not accept a wager from an Account Holder contrary to a limit or exclusion set by themselves as above.
3.3.3 If Midnite believes that a player’s gambling will cause them financial or personal difficulties, Midnite reserves the right to close their Midnite Account.
3.3.4 For further information on financial protection please refer to Self-exclusion and Financial Protection of Players Section below:
Self-exclusion and Financial Protection of Players
Self-exclusion is a formal process through which customers, at their discretion, request to be barred for a definite period. Self-exclusion shall become effective immediately. During this time, we cannot accept deposits or bets. We will close the customer’s account and return any remaining balance. Any ongoing bets will remain active and any winnings will be paid to the customer on termination of the event. Once the self-exclusion period becomes effective, it cannot be cancelled by the Company for any reason whatsoever and the customer cannot open another account. Once a customer requests self-exclusion this decision is irrevocable until the defined period of self-exclusion has expired, at which time the customer can contact Midnite and either request to resume gambling or set another period of self-exclusion. A 24 hour “cooling off” period will apply to those who have been approved to resume gambling.
We are aware that whilst for the majority of customers gaming is simply an entertaining pastime, for a small number of people it can become a problem. For any players wishing to limit their gaming, Midnite offers Self-exclusion, which allows an Account Holder to close their account immediately for at least six months. You can send us an email on firstname.lastname@example.org to request a self-exclusion period or threshold (minimum 6 months). Alternatively, the customer can access their personal Midnite account and from the “Account” menu the customer will then be able to go to “Self-Exclusion” section, select the period for self-exclusion (six months, one year, two years, five years or indefinite), and confirm the selection by clicking the “Save” button. The request will be accepted immediately and the client will receive confirmation by email.
Alternatively, players are able to self-exclude themselves on the free online self-exclusion scheme , excluding themselves from using gambling websites fun by companies licensed in Great Britain for a period of your choosing. To register, please visit the GAMSTOP website: https://www.gamstop.co.uk/.
We take all reasonable steps to ensure that the self-exclusion procedure is adhered to and we shall use all reasonable endeavours to ensure that no promotional material is sent to customers who have excluded themselves from playing. However, the customer accepts that we are in no way responsible towards the customer or any third party if they continue to play with any added accounts, in which they have changed any registration details (including cases in which the customer opens an account with the same details but inserted differently in the registration form) or if publicity material is inadvertently forwarded to him. We also strongly recommend that the Client seeks urgent professional assistance if they find a way to continue playing during the self-exclusion period.
When setting up your account you may also choose to impose a ceiling on the maximum deposit you may make within a specified period of time, daily, weekly or monthly.
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.com.
3.4 Inactive accounts
3.4.1 An “Inactive Account” is a Midnite Account which has no record of any log-in and/or log-out for a period exceeding twelve (12) consecutive months.
3.4.2 Midnite reserves the right to close the Inactive Account once the account reaches zero balance. All Account Holders whose Midnite Accounts remain inactive for 12 months will be notified of any balance remaining their Midnite Accounts and will be advised to withdraw any remaining balance. The Account Holders may, therefore, reactivate their Midnite Accounts by logging in/logging out or withdrawing their funds within the 30 days’ time window without incurring any fees. Should any Account Holder reactivate their Midnite Account within three months, they will be refunded any inactivity fees.
3.5.1 Subject to the sub-clauses below and without prejudice to Midnite’s right to seek redress under any applicable legislation, regulation, enactment or policy, or under any other provision of the Midnite Rules, Midnite shall have the right to block a Midnite Account when a chargeback has been requested in relation to that Midnite Account.
3.5.2 When a chargeback has been requested, Midnite will send a “Chargeback Notice” to the Account Holder at the email address mentioned in the Account Holder’s details, in order to seek confirmation of the Account Holder’s identity and of the payment method used to credit to the Account Holder’s Midnite Account any funds entirely unrelated to a chargeback (“Untainted Funds”).
In the absence of confirmation by the Account Holder of the Account Holder’s identity and of the payment method used to credit Untainted Funds to the Account Holder’s Midnite Account, following a Chargeback Notice, Midnite will send two written reminders to the Account Holder at the email available to it, each of which will be subject to a processing fee of fifty (50) EURO drawn on any Untainted Funds.
3.5.3 Where a Midnite Account has been blocked due to a chargeback and the Account Holder has not:
a. logged in to the Midnite Account for a period of thirty (30) consecutive months; or
b. confirmed to Midnite his/her identity and the details of the payment method used to credit Untainted Funds to the Account Holder’s Midnite Account and then requested a withdrawal; any Untainted Funds on the Midnite Account will be treated as though they were funds on an Inactive Account and Midnite will remit the balance on the Midnite Account of the Account Holder to the Gambling Commission.
3.6 Closure of a Midnite Account
3.6.1 An Account Holder may close their Midnite 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.
3.6.2 Should an existing Midnite Account be closed, any obligations already entered into will be honoured.
3.6.3 Account Holders who wish to recover funds held in a closed, blocked or excluded account are advised to contact Customer Support.
3.6.4 In the case of closure of their Midnite Account due to gambling addiction or fraud, an individual must not open a new Midnite Account. Midnite will not be liable should the individual succeed in opening a new account, nor for any direct or indirect consequential damages. Midnite reserves the right to close an account opened in breach of this rule at any point.
4. PAYMENT RULES
4.1 Deposits to and withdrawals from a Midnite Account shall at all times be made through a Financial Institution or a Payment Solution Provider. Procedures, terms and conditions, availability, and duration for deposits/withdrawals may vary depending on time as well as the country and Financial Institution in question. Current advice is available when logged in on the Website under the headings “Deposit” or “Withdrawal”. We reserve the right to request further information and documentation from you in order to carry out the necessary verifications as required by law.
4.2 Midnite does not accept cash funds sent or delivered directly to Midnite or a Payment Solution Provider.
4.3 Midnite will credit to the Midnite Account all funds received by Midnite from or on behalf of the Account Holder, or owed by Midnite to the Account Holder.
4.4 Method of payment/withdrawal from/to Midnite Account
4.4.1 An Account Holder is only allowed to:
a. make deposits to his/her Midnite Account with his/her personal Card or via his/her personal account created with one of the Financial Institutions or their licensees;
b. request withdrawals of funds held on his/her Midnite Account to his/her personal account created with one of the Financial Institutions or their licensees.
4.4.2 An Account Holder is responsible for providing Midnite with the correct details of his/her personal account for the purpose of withdrawals from his/her Midnite Account.
4.4.3 An Account Holder must not allow third parties to use his/her Midnite Account to make deposits to or withdrawals from his/her Midnite Account.
4.4.4 It is the Account Holder’s sole responsibility to ensure that he complies with the above provisions.
4.5 Midnite shall not accept a wager from an Account Holder unless a Midnite Account has been established in the name of the Account Holder and there are adequate funds in the Midnite Account to cover the amount of the wager, or funds necessary to cover the amount of the wager are provided in an approved manner.
4.6 Midnite shall not deal with the credit balance of a Midnite Account except:
a. to debit from the Midnite Account a wager made by the Account Holder or an amount the Account Holder indicates they want to wager in the course of a game they are playing or about to play;
b. to remit funds standing to the credit of the Midnite Account to the Account Holder, at the Account Holder's request, in terms of regulation 37 of the Remote Gaming Regulations;
c. to pay reasonable bank charges for deposits received and funds withdrawn; or
d. as otherwise authorised by the Remote Gaming Regulations.
4.9 The balance of a Midnite Account may turn negative in case of a chargeback.
4.10 Withdrawals from a Midnite Account are made through payments addressed to the Account Holder or transferred to a bank account held in the name of the Account Holder, as advised by the Account Holder. Whenever possible, Midnite will restrict withdrawals to be made only to the same account utilised by the Account Holder to make deposits.
4.11 When an Account Holder wishes to withdraw funds they have deposited into their Midnite Account but have not wagered in any game or sport betting offer, Midnite reserves the right to refuse to transfer the funds to another bank account than the one the funds originated if Midnite suspects fraud and/or money laundering.
4.12 Depending on the payment method chosen by the Account Holder, minimum and/or maximum deposit limits may apply.
4.12.1 To withdraw an amount from the account, the Account Holder must complete the following steps.
1. Choose Payment in the Account section.
2. Choose payment system.
3. Provide the required personal data and indicate the amount.
4. Press Confirm. A message confirming the payment will then appear.
The withdrawals will be remitted only to the same account from which the funds originated
• There can also be limitations for withdrawals.
• No cash deposits / withdrawals will be affected.
4.13 Midnite reserves the right to charge the Account Holder for administrative costs resulting from withdrawals made by the Account Holder, as indicated on the Website.
4.14 Placing a bet through the Internet may be illegal in the jurisdiction in which an Account Holder is resident and/or domiciled; if so, the Account Holder is not authorised to use a Card for the purpose of placing a bet.
4.15 The participation of an Account Holder in the Services in a jurisdiction where such participation is prohibited by law shall not affect any stakes or payment made to and accrued for the benefit of Midnite.
4.16 It is the sole responsibility of the Account Holder to pay and proceed with all necessary diligence in relation to taxes on any Prize, if and where applicable.
4.17 It is unlawful to deposit money from ill-gotten means.
4.18 Only one active payment method per account is permitted.
5. SECURITY RULES
5.1 Midnite upholds strict confidentiality regarding all relations with the Account Holder. However, if required by the Governing Authority, a judge or, when required to do so by law, another public authority, and/or in the event of an Account Holder violating the Midnite Rules, data can be disclosed to a third party for investigation purposes.
5.2 The Account Holder is given a personal account number. The Account Holder chooses a password and a username. It is the Account Holder's own responsibility not to share this information. If the Account Holder has reasons to believe that others have become aware of this information, the Account Holder should immediately contact Midnite’s Customer Support and a new password will be issued. Midnite is not required to maintain usernames or passwords. If the Account Holder misplaces, forgets, loses, or shares with a third party their username and/or password, or is otherwise unable to enter the Website or any Service for any reason other than Midnite’s error, Midnite will not be responsible and will not be held liable for any claim regarding that Midnite Account.
5.3 All telephone communications between the Account Holders and Midnite are recorded for security and training purposes and/or compliance with accounting and finance regulations.
5.4 All electronic communications between the Account Holder and Midnite are kept on record for compliance with accounting and finance regulations.
5.5 Card deposits may, from time to time, be partially and/or fully declined subject to certain security systems managed in collaboration with a Payment Solution Provider and/or a Financial Institution. Such security measures may decline Cards that are legitimate, but which nevertheless it may not be possible to process at a particular time. Midnite’s personnel do not control the said systems, nor do they have any knowledge of the reasons for any deposits being declined.
5.6 Midnite may request documents to verify the identity of the Card user and/or authorisation to use a specific Card and/or other facts and information provided by the Account Holder before expediting deposits and/or withdrawals. This may cause slight delays. From time to time, chargebacks are received and these will be treated in accordance with Midnite procedures.
5.7 It is illegal to use and/or abuse an error or an instance of incompleteness on the Website, and/or in the Client application, and/or in any of the Software and/or Services provided on the Website. Should the Account Holder detect or become aware of such an error or incompleteness, they shall:
a. refrain from taking any advantage whatsoever thereof;
b. keep strictly confidential such error or incompleteness;
c. upon detection or becoming aware of such error or incompleteness, notify it to Midnite by sending an email to email@example.com.
Without prejudice to other remedies available under law or equity, should the Account Holder not comply with this clause, Midnite:
a. shall be entitled to full compensation for all costs that may be associated with the error or incompleteness, and harm resulting from the breach of this clause by the Account Holder;
b. reserves the right to, notably but not limited to, block the Account Holder’s Midnite Account, and/or freeze or subtract all or part of the Midnite Account balance without prior notice, in order to cover part or all of the damages suffered or envisaged to be suffered by Midnite.
5.8 An Account Holder’s identity will be determined on the basis of all or a combination of information, such as name, mailing address, email address, credit/debit card number, and any other type of identification that may possibly be required.
6.1 The Midnite Rules as published in English and as may be amended from time to time in accordance with these Rules govern the Contract between you and MIDNITE. These Rules may be published in a number of languages for information purposes and for ease of your access. All versions will convey the same principles in different languages. 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.
6.2 The Account Holder is advised to comply with applicable legislation in the jurisdiction in which they are domiciled and/or resident. Midnite does not provide advice to the Account Holder regarding tax and/or legal matters. Should the Account Holder wish to obtain advice regarding tax and legal matters, they are advised to contact appropriate advisers and/or authorities in the jurisdiction in which they are domiciled and/or resident.
6.3 In the event of Midnite being found liable in any way by a court of law and/or a similar authority with legal competence and/or jurisdiction over Midnite, then Midnite's liability is limited to the amount of the stake, or the Account Holder’s net winnings, whichever is the lesser. Alternatively, when relevant and applicable, the amount recorded in the Midnite Account or the amount transferred into or out of the Midnite Account, whichever is the lesser.
6.4 Midnite reserves the right, at all times, to resolve any dispute, at its own discretion, in accordance with principles of equity.
6.5 Midnite makes no representation or warranty, explicit or implicit, as to the legal rights of the Account Holder to participate in the Services, nor shall any of Midnite’s employees, licensees, distributors, wholesalers, affiliates, subsidiaries, advertising, promotion or other agencies, media partners, agents or retailers have the authority to make any such representation or warranty. The Account Holder shall not use the Services, open, use or reuse a Midnite Account, enter the Website, nor accept any Prize if the Account Holder does not fully understand, agree to, wish to become a party to, and comply with, without exception, all the Midnite Rules contained herein, and as these may be amended from time to time.
a. Midnite does not acknowledge or accept any liability for damage and/or losses to an Account Holder and/or a third party caused directly and/or indirectly due to the Account Holder:
b. making deposits to his/her Midnite Account via a third party’s card or account;
c. requesting withdrawals from his/her Midnite Account to a third party’s account;
d. providing incorrect details of his/her personal account for the purpose of withdrawals from his/her Midnite Account;
e. allowing third parties to use his/her Midnite Account to make deposits to or withdrawals from his/her Midnite Account.
6.6 The Account Holder should take all appropriate measures to protect the data and/or Software stored on their computer against all damage of any sort or intrusion.
6.7 The connection to the Website and the participation of the Account Holder in any Service is under the Account Holder’s responsibility.
6.8 Midnite does not acknowledge or accept any liability whatsoever for damage and/or losses to an Account Holder and/or a third party caused directly and/or indirectly due to any:
a. mistake, misprint, misinterpretation, mishearing, misreading, mistranslation, spelling mistake, fault in reading, transaction error, technical failure, technical hazard, registration error, manifest error, cancellation of a game for any reason, Force Majeure and/or any other similar event;
b. violation of the Midnite Rules;
c. collusion and/or criminal actions;
d. advice provided by Midnite;
e. failure of Midnite’s central computer system or any part thereof; delays, losses, errors or omissions resulting from the failure of any telecommunications or any other data transmission system; and/or
f. financial risk and loss, including but not limited to variances in exchange rates;
6.9 The Account Holder understands that the Services offered on the Website are for entertainment value only. The Account Holder is not required to use the Services, and such participation, if elected by the Account Holder, is at the Account Holder's sole choice, discretion, and risk. The Account Holder’s interest in the Services and the Website is personal, and not professional. The Account Holder enters the Website for their sole personal entertainment. Any other entrance, access, use or reuse of the Services and/or the Website by the Account Holder/Player is prohibited.
6.10 The SMS notification service is purely for the benefit of the Account Holder. Midnite does not acknowledge or accept any liability whatsoever should there be a mistake in the content of the SMS notifications or should the Account Holder fail to receive the SMS notification(s).
6.11 All Prizes won through competitions and promotions organised by Midnite will be sent within an estimated and not guaranteed delay of six weeks from the end of the competition, promotion or tournament.
6.12 Should the Account Holder’s participation in the Services be interrupted by a failure of the telecommunication system, or of the Account Holder’s computer system, preventing them from continuing to use the Services after they have placed a wager, Midnite shall take all reasonable steps to ensure that its approved computer system enables the Account Holder to resume, upon restoration of the system, the Account Holder’s participation in the Services as at the time immediately before the interruption. If Midnite's system does not enable the Account Holder to do so, Midnite shall:
a. ensure that the game is terminated;
b. refund the amount of the wager to the Account Holder in their Midnite Account.
6.13 Should a Service miscarry after starting due to a failure on the part of Midnite 's computer operating system, Midnite shall:
a. refund the amount wagered in the Service, and if the Account Holder has an accrued credit at the time the Service miscarries, credit the monetary value of the credit to the Account Holder’s Midnite Account or, if the said account no longer exists, by paying it to the Account Holder in an approved manner;
b. immediately inform the Regulator of the circumstances of the incident;
c. refrain from conducting a further Service if the Service is likely to be affected by the same failure.
6.14 Participation in the Services implies knowledge and acceptance of the limits of the Internet, especially:
a. technical capacity, response time for consultation, interrogation or transfer of information, risk of interruption, and in general risks inherent in any connection and transmission failure;
b. failure in the protection of data;
c. contamination risks by potential viruses circulating on the net.
Hence, without prejudice to other clauses of this Disclaimer section, Midnite shall not be responsible for (including but not limited to):
a. transmission and/or reception of any data and/or information on the Internet;
b. any dysfunction of the network preventing the good progress of any game;
c. failure of any reception material or communication circuit;
d. loss of any data;
e. any damage caused by a virus, computing bug or technical failure;
f. any damage caused to the material of the Player, including hardware and software;
g. any failure preventing or limiting participation in a game, or a failure damaging the Account Holder’s system, including their hardware and software.
6.15 Gaming material (whether electronically obtained or obtained by other means) is automatically invalid if counterfeited, mutilated, forged, altered or tampered with in any way, or if illegible, mechanically or electronically reproduced, obtained outside authorised legitimate channels, or if it contains printing, production, typographical, mechanical, electronic or any other errors.
6.16 Midnite is not responsible for lost, late, illegible, incomplete, damaged, mutilated, misdirected or ‘postage due’ mail, requests, Prize claims or entries.
6.17 Midnite’s liability for any error or malfunction included in the games is limited to replacement. Midnite shall not be liable for playing device malfunctions nor attempts by the Account Holder to use the Services by methods, means or ways not intended by Midnite.
6.18 The Account Holder shall hold Midnite, its employees, officers, directors, licensees, distributors, wholesalers, affiliates, subsidiaries, advertising, promotion or other agencies, media partners, agents and retailers harmless and shall fully indemnify the same from any and all costs, expenses, liabilities and damages whatsoever that may arise as a result of Account Holder's:
a. entry, use or reuse of the Website;
b. use of any Website material;
c. entry, use or reuse of the servers used to provide the Services;
d. entry, use or reuse of a Client Application;
e. participation in the games and Services; or
f. the acceptance of any Prize.
6.19 Under no circumstances, including but not limited to negligence, shall Midnite, its Software and Client application, software suppliers, subsidiary companies, or affiliates be liable for any direct, indirect, incidental, special or consequential damages resulting from the use of or the inability to use Midnite's or its suppliers’ products, Client Application and/or materials. The Account Holder specifically acknowledges and agrees that Midnite is not liable for any defamatory, offensive or illegal conduct of any Account Holder. If the Account Holder is dissatisfied with any Service, or with any of the present Midnite Rules, the Account Holder's sole and exclusive remedy is to discontinue using the Services.
6.20 The Account Holder understands, acknowledges and accepts that any resemblance of names, circumstances or conditions used, depicted, described or suggested in the games operated on the Website with reality is entirely coincidental and unintended.
6.21 The Account Holder understands that Midnite reserves the right to change or remove any of its Services at any time.
6.22 The Account Holder shall review the Midnite Rules as posted on the Website on a regular basis, and not less than once a month.
7. BONUS RULES
7.1.1 Midnite regularly organises bonus campaigns for the different gaming products offered. The terms and conditions of the bonus system shall be defined in the bonus terms and conditions tailored to each bonus campaign. Bonuses can be subject to the obligation of wagering them a certain number of times (“Wagering Requirement”) before they can be withdrawn. If a bonus is subject to a Wagering Requirement, winnings generated by the wager of the bonus will be able to be withdrawn only when the Wagering Requirement is fulfilled.
7.1.2 An Account Holder is eligible for one bonus per campaign, with the exception of so-called “Refer a friend” campaigns.
7.1.3 An Account Holder is only eligible for one bonus per Account which shall mean no more than one bonus per user, IP address, computer device, family, residential address, telephone number, credit or debit card and/or e-payment account, e-mail address, and environments where computers or devices are shared (university, fraternity, school, public library, workplace, etc.).
7.1.4 Midnite further reserves the right to ask any customer to provide sufficient documentation for Midnite to be confident in its absolute discretion as to the customer’s identity before Midnite credit any bonus, free and risk-free bet or offer to the customer’s account.
7.1.5 Midnite reserves the right to offer a specific bonus to a specific customer or group of customers.
7.1.6 In the case of discrepancy between the English version of the bonus terms and conditions and any translation of them, the English version shall prevail.
7.1.7 Midnite reserves the right to cancel or amend the terms and conditions of any customer offer or promotion at any time.
7.2.1 Each qualifying bet is subject to the qualification rules detailed in the individual bonus.
7.3 Bonus Abuse
7.3.1 “Bonus Abuse” includes, but is not limited to:
• breach of terms and conditions of a bonus, free bets or any other promotional offer;
• the opening of multiple accounts to claim multiple bonuses;
7.3.2 Where there is a reasonable suspicion that the Account Holder has committed or attempted to commit a bonus abuse, either on their own or as part of a group, Midnite reserves the right to:
• forfeit the bonus allocated to the Account Holder and any winnings from that bonus, and/or
• revoke, deny, or withdraw a bonus offer from the Account Holder, and/or
• block an access to particular products, and/or
• exclude the Account Holder from any future promotional offers, and/or
• terminate the Account Holder’s account with immediate effect.
7.3.3 Where there is a reasonable suspicion that a series of bets has been placed by a customer or group of customers which, due to a bonus, free bet or any other promotional offer, result in guaranteed customer profits irrespective of the outcome, Midnite reserves the right to reclaim the bonus and in its absolute discretion to settle bets at the correct odds, void the free bets and/or void any bet funded by the bonus or bonus winnings.
7.4 Refer a Friend
7.4.1 For “Refer a friend” campaigns, an Account Holder can benefit from more than one bonus per campaign and/or per month, subject to the limit set up in each specific “Refer a friend” campaign.
7.4.2 Referrers are not permitted to refer a member of their family nor are they permitted to refer friends or colleagues from the same household or with whom they share a credit or debit card or e-payment account, IP address and/or computer device.
7.4.3 Midnite reserves the right to withhold the bonus from the Referrer and to discount bets made by one or more Referees where Midnite suspects that the Referrer/Referee(s) has abused the spirit of the bonus offer including, but not limited to, instances where Referees make identical or very similar deposit and betting patterns.
8.1 Any dispute relating in any way to the use of this Sports Book should be emailed to firstname.lastname@example.org. Should the reply not be considered satisfactory; clients may refer their case to Independent Betting Adjudication Service (IBAS) for independent arbitration, in line with clause 14 below.
8.2 Midnite reserves the right to make changes to the site, betting limits, payout limits, and offerings.
8.3 A bet can be declared void, and will be, in the event of required compliance with applicable law or Force Majeure.
8.4 For complete Sports Betting rules click the link www.midnite.com/support
Betting rules are an integral part of the Contract between Midnite and an Account Holder. By accepting the Midnite Rules, the Account Holder confirms that they have read and understood the Betting rules and that he/she will abide by them.
We reserve the right to limit or refuse any bet, stake or other wager 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.
9. ACCOUNT LIMITS, PAYOUT LIMITS AND MAXIMUM BETS
9.1 The following are the limits that can be won by a single client in respect of any one day’s business. Our operators are not authorised to accept bets that exceed these limits. In the case of bets taken in error, the limit will stand. All limits are noted in Pounds Sterling.
Esports - £25,000
Other Sport, Non-Sport, and Specialty Bets - £ £25,000
9.2. For multiple bets including selections from markets where different limits apply, the maximum payout on the bet will default to the lowest applicable limit and in no case shall exceed £25,000 (or equivalent amount in other currencies).
9.3. The maximum payout to any Player on any one day, including Ante Post is net winnings of £25,000 (or equivalent) unless agreed otherwise by prior written agreement.
9.4. Any group of Players who have placed the same combination of selections and we believe have been acting as a syndicate, will be treated as one Player for the purpose of the above limits.
9.4. 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. Midnite reserves the right to cancel any bet/wager at any time.
10. BET CONFIRMATION
10.1. Bets will not be valid if there are insufficient funds in your account.
10.2. A bet that you request will only be valid once accepted by Midnite servers. Each valid bet will receive a unique transaction code/ID. We shall not be liable for the settlement of any bets, which are not issued with a unique transaction code/ID. If you are unsure about the validity of a bet, please check your account history or contact us.
10.3. Should a dispute arise, you and Midnite agree that the Midnite transaction log database will be the ultimate authority in such matters.
11. RESULTING AND PAYOUT
11.1 All bets and wagers are subject to the Betting Rules as stated in the Midnite Terms and Conditions.
11.2 Midnite reserves the right to suspend a market and/or cancel any bet/wager at any time. When a market is suspended any bets entered will be rejected. Midnite also reserves the right to cease betting on any markets at any time without notice.
11.3 The 'To Return' calculation available on the website is for information purposes only, and all bets will be calculated using the stake at the odds accepted. In multiple bets with a void selection(s) the 'To Return' figure is reduced in line with this selection being removed only.
11.4 Should a customer include a non-runner or void selection in a multiple bet, the bet will be settled on the remaining selections only.
11.5 Winnings from resulted bets are added to the balance of your betting account. Any funds/winnings credited to an account in error are not to be considered available for use, and Midnite reserves the right to void any transactions involving such funds and/or withdraw the relevant amount from your account and/or reverse the transaction, either at the time or thereafter when found.
11.6 Midnite reserves the right to withhold payment and to declare bets on an event void if we have evidence that the following has occurred: (1) the integrity of the event has been questioned; (2) the price(s) has been manipulated; or (3) match fixing has taken place. Evidence of the above may be based on the size, volume or pattern of bets placed with Midnite across any of our betting channels. A decision given by the relevant governing body of the sport in question (if any) will be conclusive. If any customer owes any money to Midnite for any reason, Midnite have the right to take that into account before making any payments to that customer.
11.7 In the case of a series of bets being placed by individuals or a syndicate to manipulate Betting Rules, Midnite have the right to withhold/stop payment or winnings until such a time as Midnite are satisfied no Rules have been broken.
11.8 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 bet is accepted after an event or match has started (other than In-Play betting clearly indicated on the website), bets will stand if the final outcome is not known, and that no participant/team has gained any material advantage from this at the time the bet was placed. If the outcome of an event/market is known Midnite reserves the right to void and return the bet, win or lose. Disputes over times bets are placed will be settled using the transaction logs on our servers. All times stated on the website and/or referred to by Midnite staff relate to UK Time unless stated otherwise.
11.9 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) Midnite reserve the right and return to void the bet, win or lose.
11.10 If for any reason Midnite are unable to properly validate the outcome of a particular market (e.g. due to loss of information), all bets will be void, unless resulting of bets is already previously determined.
12. OBVIOUS PRICE OR TERMS ERRORS
12.1 Whilst every effort is made to avoid errors, however, sometimes they can still occur due to human error or system problems. Obvious errors, also referred to as palpable errors, or omissions in respect of the announcing, publishing or marking of prices, handicaps, or results sometimes occur despite our efforts to ensure total accuracy.
12.2 In the event that we make an obvious error, which occurs when the odds/terms offered are materially different from that available in the general market and/or are clearly incorrect given the probability of the event occurring, we reserve the right to amend that error and settle bets at the correct odds/terms available when the bet was struck.
12.3 If we have made an obvious error on the odds/terms of a bet placed on an in-play market, we will settle that bet at the accurate odds/terms of that selection and/or bet at the time of bet placement.
12.4 If we have made an obvious error on a bet placed on a market offered before an event has started, then the following will take place: - If more advantageous odds/terms have been applied at the time of bet placement, we will settle the bet at the accurate odds/terms at the time of bet placement or, on condition that verification is provided, at the best odds/terms available. If less advantageous odds/terms have been applied at the time of bet placement, we will settle that bet at the accurate odds/terms of that selection and/or bet at the time of bet placement.
12.5 We will make every effort to inform clients before the event starts of an obvious error in prices, handicaps, or terms, but this may not be possible in all cases.
13. CLAIMS AND DISPUTES
13.1 Midnite recognises its responsibility and obligation to comply with the Licensing Objectives of the Gambling Act 2005 and the Licence Conditions and Codes of Practice. Monitoring of procedures is ongoing and subject to compliance inspection. The process of resolution of claims and disputes between Midnite and the customer are defined by and implemented according to Midnite Procedure on Fair and Open Practice: Dispute Resolutions.
13.2 Midnite is committed to providing a high quality, accessible and responsive service to customers and the local community. However, if a customer is dissatisfied they should inform us by communicating their complaint to us either verbally or in writing. All complaints are taken seriously, investigated thoroughly and handled in a confidential manner.
13.3 The customer should provide us with a comprehensive description and nature of the complaint, whether it is an original complaint, or a follow-up to a reply they were not satisfied with, their name and postal address including a contact telephone number.
13.4 A ‘complaint’ means a complaint about any aspect of the Midnite’s conduct of the licensed activities, and a ‘dispute’ is any complaint which:
a) is not resolved at the first stage of the complaints procedure; and
b) relates to the outcome of the complainant’s gambling transaction.
13.5 In the first instance, Midnite will endeavour to resolve the complaint to the satisfaction of both parties within fifteen working days. Should this not be possible we will explain why and provide a date by which the customer can expect a full response.
13.6 In the event of a complaint relating to the outcome of a customer’s gambling that is unable to be satisfactorily resolved between the Midnite and the customer within a period of three months from notification, we have an obligation to submit a detailed report for independent arbitration. As an independent third party dispute resolution, Midnite applies to the Independent Betting Adjudication Service (IBAS), which acts as an impartial adjudicator on disputes that arise between betting/gambling operators and their customers after they have been through the operator's own internal dispute procedures and if a deadlock exists. Disputes may be filled under www.ibas-uk.com. The arbitrators’ decision is final.
13.7 During the dispute resolution process:
a) Customers also have the means and opportunity of submitting their own version of events.
b) The dispute is investigated in full by the independent party.
c) Both parties are notified in writing of the proposed outcome of the investigation.
d) This procedure may, but need not, provide for the independent party’s proposed resolution of the dispute to be binding on both parties.
13.8 Midnite is obliged to keep a record of all complaints and disputes, other than those considered to be trivial, including all disputes referred for arbitration that are not resolved at the first stage of the complaints procedure. Midnite has a requirement to submit reports of the outcome of disputes, referred to the arbitrator, to the Gambling Commission at intervals determined by the Commission either by the arbitrator or by Midnite.
13.9 An actual summary of the contractual terms on which gambling is offered, set out in plain and intelligible language, is available to customers on request, with customers being notified of changes to terms before they come into effect.
Any substantial amendment to Midnite Terms and Conditions shall be notified in advance by Midnite to the Account Holder before coming into effect and the Account Holders shall be required to provide their consent to the amended terms and conditions.
15. GOVERNING LAW AND JURISDICTION
These Terms of Service are governed by and interpreted in accordance with the laws of England and Wales. Unless otherwise specified, disputes arising in connection with these Terms of Service shall be subject to the exclusive jurisdiction of the courts of England and Wales.