PLEASE READ THESE LICENCE TERMS CAREFULLY
BY TICKING THE CHECK BOX ON SIGNUP TO THE LEBOM APP YOU AGREE TO THESE TERMS WHICH WILL BIND YOU. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OUR APP.
WHO WE ARE AND WHAT THIS AGREEMENT DOES
Lebom Limited (“we”, “us”, “our”) of Unit 2, 14 Weller Street, London, SE1 1QU license you to use our Lebom mobile application software (“App”) and any updates or supplements to it as permitted in these terms.
YOUR RIGHT TO USE THE APP
In return for your agreeing to comply with these terms you may:
- download a copy of the App onto your compatible mobile device and view, use and display the App on such devices for your personal purposes only.
- use any related online documentation (“Documentation”) to support your permitted use of the App.
- receive and use any free supplementary software code or update of the App incorporating "patches" and corrections of errors as we may provide to you.
REGISTERING WITH US
To start using the App, you must create an account with us by completing and submitting to us the information required at the time of registration (“Account”). By registering with us, you promise that the information provided to us is truthful, accurate and error free. You must notify us in the event any of your details change. You are only permitted to open one Account in your name. You must keep any username or password associated with your Account confidential and secure. You shall notify us immediately upon becoming aware of any security breach or unauthorised use of your Account. Your Account is personal to you and no one other than you may access your Account or otherwise use the App on your behalf.
RULES ON USE OF THE APP
The App is a peer to peer betting platform that facilitates the placing of wagers/bets by you and other registered users of the App against results from professional sport matches (“Event”). We are the platform provider and are not a participant in any wagers made through the App.
We select the Events that you can wager against through the App. Selection of Events is made entirely at our discretion. All wagers are subject to the rules applicable to the Event. The result of the Event will be determined on the day of its conclusion for betting purposes, subject to confirmation by the relevant sport's governing body. Any subsequent enquiry that may result in an overturned decision will not be recognised by us, and original settlement of wagers will stand.
Once you have registered with us, you may invite other App users from your contacts list, social media or other mechanism offered through the App from time to time to form a group (“Team”). Each Team will have a designated “Team Captain”. If you are a Team Captain, you set the stake in relation to a selected Event and make your predictions. We reserve the right to place limits on the number of members in a Team.
Once the Team Captain has set the stake for an Event and made predictions, remaining Team members can place wagers in relation to Events. All wagers must match the Team Captain’s stake. If you are not the Team Captain, you will be invited to place your wager and make your predictions in respect of the selected Event and submit them to the App, although you have no obligation to do so. Each participating member of the Team must wager the same amount on the selected Event. For a “Game” to commence, at least two members of the Team (to always include the Team Captain) must have placed a wager and their predictions in relation to the selected Event. Wagers cannot be withdrawn or refunded once placed and no changes can be made to your predictions once submitted.
Wagers are placed at your own risk and discretion. The amount of any wager you place will be subject to any maximum wager amounts in force from time to time, as advised to you through the App. All wagers and predictions must be placed prior to the commencement of an Event. If you have opted to participate in a Game and have failed to place a wager or make predictions prior to the start of an Event, your participation in the Game will be voided and your wager returned to you.
The App operates a scoring system in relation to your predictions made for an Event. You will be awarded points for correctly predicting scores and/or results in relation to an Event. Winners of each Game are determined according to the member of the Team with the highest score at the end of the Event. In the event of a tie, winnings will be shared evenly.
WAGERS AND WINNINGS
In order to place your wager through the App, you are required to register a debit card to your Account. The card you use for your first wager will become the registered card for your Account and will be used for future wagers and deposit of your Winnings (if any). Subsequent wagers will require you to only enter the amount you wish to place and the same card registered to your Account will be used to take the payment. You may change your payment method in the future.
We use third party payment service providers to store your card details and process payment made through the App.
If you win a Game, we will pay you the total wagers placed in the Game by you and your other participating Team members (“Winnings”), less our Game fee (“Game Fee”). The Game Fee is deducted from your Winnings, so the amount you receive from us will be less than the total Winnings collected from you and your participating Team members.
We aim to initiate payment of your Winnings (less our non-refundable Game Fee and any taxes in respect of the Game Fee) to you within three working days of the completion of the Event, but this will not always be possible. The time it takes for you to receive the Winnings (less our non-refundable Game Fee and any taxes in respect of the Game Fee) may vary depending on our method of payment.
We may change your Game Fee at any time on the provision of notice to you in writing, by email or through your use of the App, save that no changes to our Game Fee will be applied in respect of a Game in progress at the time the change takes effect. Your continued use of the App following notice of such change shall be deemed to be your acceptance of the new Game Fee. If you do not agree with the changes to the Game Fee, we advise against any further placing of wagers through the App.
We are required by our Gambling Commission of Great Britain licence to inform you about what happens to funds which we hold on account for you, and the extent to which funds are protected in the event of our insolvency. Details regarding the protection of customer funds can be found on the Gambling Commission of Great Britain website: https://www.gamblingcommission.gov.uk/for-the-public/Your-rights/Protection-of-customer-funds.aspx.
Customer funds are kept in accounts separate from company accounts, but they would form part of the assets of the business in the event of insolvency. This meets the Gambling Commission requirements for the segregation of customer funds with the rating of: Not Protected.
ACCESS TO THE APP
We aim to make the App available to you at all times, but we cannot guarantee that the App will be uninterrupted or fault free. Routine and essential maintenance and upgrades may be required from time to time to improve, add functions or restore the App.
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
APPLE’S AND GOOGLE’S TERMS ALSO APPLY
The ways in which you can use the App and Documentation may also be controlled by the AppStore’s and Google Play’s rules and policies and such rules and policies will apply instead of these terms where there are differences between the two.
You promise to us that:
- you are not located in a country that is subject to a US Government embargo or that has been designated by the US Government as a ‘terrorist supporting’ country; and
- you are not listed on any US Government list of prohibited or restricted parties.
Where you have obtained the App from Apple’s Appstore:
- these terms are concluded between you and us and accordingly Apple is not a party to these terms;
- Apple has no obligation to provide any maintenance and support services in respect of the App;
- if the App fails to conform to any warranty herein, you may notify Apple following which Apple will refund you the purchase price paid for the App (if any). Apple will have no further liability whatsoever in respect of any such failure;
- Apple has no responsibility to address any claims by you or any third party whatsoever with respect to the App including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the
- App’s use of the HealthKit and HomeKit frameworks;
- Apple shall not be responsible for any claims made by any third party that the App infringes any third party intellectual property rights; and
- ‘AppStore’ and ‘Apple’ are trade marks of Apple Inc.
You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these terms, and Apple will have the right (and will be deemed to have accepted the right) to enforce these terms against you as a third party beneficiary.
OPERATING SYSTEM REQUIREMENTS
You must ensure the device you use to access the App complies with any minimum specification released by us from time to time and required for your device to use all the features and functionality of the App.
SUPPORT FOR THE APP AND HOW TO TELL US ABOUT PROBLEMS
Support. If you want to learn more about the App or have any problems using them please take a look at our support resources at [email protected]
Contacting us (including with complaints). If you think the App is faulty or misdescribed or wish to contact us for any other reason please email our customer service team at [email protected]
How we will communicate with you. If we have to contact you we will do so by email or SMS, using the contact details you have provided to us.
YOU MUST BE 18 TO ACCEPT THESE TERMS AND USE THE APP
You must be 18 or over to accept these terms and use the App.
We reserve the right to request your proof of age and evidence to verify your identity. We reserve the right to conduct checks against any of the details you provide through any channels or methods available to us. In such instances where we suspect you may be under 18 or we have been unable to verify your identity or age, your right to use the App will be suspended.
Verifying your age and identity is a requirement under the Gambling Commission of Great Britain’s licensing conditions. Before you place your first wager, we run checks to verify your name, age and address. Therefore, in accordance with the legislation laid out by the Gambling Commission of Great Britain, and in order to comply with UK laws, you need to provide us with the information specified in these terms. We may use and retain the information you have given us, or we already hold about you, or which we receive from any enquiry we may make with agencies to confirm your identity. The process enables us to open accounts quickly whilst verifying your age and identity and assists in fraud prevention. We will check any details you disclose against any databases (public or private) to which we have access and will keep a record of that check.
Where verification checks against the databases of accredited third-party providers fail to provide sufficient results or return no results, we may ask you to provide documents to prove your identity and/or address before we can allow you to use the App.
YOU MAY NOT TRANSFER THE APP TO SOMEONE ELSE
We are giving you personally the right to use the App as set out above. You may not otherwise transfer the App to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.
CHANGES TO THESE TERMS
We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.
We will give you notice of any change by sending you an SMS with details of the change or notifying you of a change when you next start the App.
If you do not accept the notified changes you will not be permitted to continue to use the App once the change to the terms comes into effect.
UPDATE TO THE APP
From time to time we may automatically update the App to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App for these reasons.
If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App.
IF SOMEONE ELSE OWNS THE PHONE OR DEVICE YOU ARE USING
If you download the App onto any phone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.
WE MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICE
By using the App, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products.
WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO
The App may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
You agree that you will:
- not rent, lease, sub-license, loan, provide, or otherwise make available, the App in any form, in whole or in part to any person without prior written consent from us;
- not copy the App or Documentation, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
- not translate, merge, adapt, vary, alter or modify, the whole or any part of the App or, Documentation nor permit the App or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the App on devices as permitted in these terms;
- not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
- is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
- is not used to create any software that is substantially similar in its expression to the App;
- is kept secure; and
- is used only for the Permitted Objective;
ACCEPTABLE USE RESTRICTIONS
- not use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App or any operating system;
- not infringe our intellectual property rights or those of any third party in relation to your use of the App, including by the submission of any material (to the extent that such use is not licensed by these terms);
- not transmit any material that is lewd or profane, defamatory, offensive, sexually explicit, promotes violence or incites hate or is otherwise objectionable in relation to your use of the App;
- not use the App as a means of threatening or harassing another person or to promote conduct that is abusive or threatening;
- not use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users.
INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in the App (including content therein) and the Documentation throughout the world belong to us (or our licensors) and the rights in the App are licensed (not sold) to you. You have no intellectual property rights in, or to, the App or the Documentation other than the right to use them in accordance with these terms.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
You hereby acknowledge and accept that by using our App there is a risk of losing money. Save as provided below, we accept no responsibility, nor shall we be liable for any consequences that are alleged to have occurred, through your use or misuse of the App.
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
When we are liable for damage to your property. Subject to the limits and exclusions below, if defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
Our maximum liability to you. Our maximum aggregate liability to you under or in connection with these terms will not exceed:
- the value of the wager you placed in respect of the wager that gave rise to the relevant liability;
- the amount of applicable monies, where such monies have been misplaced by us; or
- £100 (one hundred pounds sterling) in respect of any other liability.
We are not liable for business losses. The App is for domestic and private use only. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Limitations to the App. The App is provided for general entertainment purposes only. It does not offer advice on which you should rely. Although we make reasonable efforts to update the information provided by the App, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App.
Check that the App are suitable for you. The App has not been developed to meet your individual requirements. Please check that the facilities and functions of the App (as described on the Appstore and in the Documentation) meet your requirements.
We are not responsible for events outside our control. If our provision of the support for the App is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end your contract with us.
WE MAY END YOUR RIGHTS TO USE THE APP IF YOU BREAK THESE TERMS
We may end your rights to use the App ( and void any Winnings that may be due to you at the time) at any time by contacting you if you have broken these terms in any way.
We may also end your rights to use the App if:
- we consider that you have used the App in a fraudulent manner or for illegal or improper purposes;
- we consider that you have used the App in an unfair manner, have deliberately cheated or taken unfair advantage of us or any of our other users or if your Account is being used for the benefit of a third party;
- we are required to do so to comply with applicable law, an order of a court or other regulatory authority.
If we end your rights to use the App:
- You must stop all activities authorised by these terms, including your use of the App.
- You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.
- We may remotely access your devices and remove the App from them.
WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
YOU NEED OUR CONSENT TO TRANSFER YOUR RIGHTS TO SOMEONE ELSE
You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
NO RIGHTS FOR THIRD PARTIES
Save as expressly stated in these terms, this agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
IF A COURT FINDS PART OF THIS CONTRACT ILLEGAL, THE REST WILL CONTINUE IN FORCE
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
EVEN IF WE DELAY IN ENFORCING THIS CONTRACT, WE CAN STILL ENFORCE IT LATER
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
WHICH LAWS APPLY TO THIS CONTRACT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS
These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
ALTERNATIVE DISPUTE RESOLUTION
Should you feel that we have failed to offer our best service, the following is a step-by-step guide to our complaints procedure.
Making an initial complaint
If you think we have made a mistake or let our standards slip, please get in touch with us at [email protected]
Most concerns, complaints or potential complaints can be solved by talking to a member of our customer service team.
Escalating your complaint
In the event our customer service team cannot resolve your complaint, you may ask for your complaint to be escalated to our customer service team leader.
You will receive an email acknowledgement of your complaint within twenty-four hours.
The customer service team leader will investigate your issue further and respond within 5 working days depending on the complexity of the complaint.
If you still feel that your query is not resolved, you may ask for your complaint to be reviewed by our customer service manager.
The customer service manager will independently review your complaint and provide you with the next steps which usually involves reporting the issue to the relevant department and providing a final response.
Please allow at least 5 working days depending on the complexity of the complaint.
If you are not satisfied with the outcome of your complaint
If you are still not satisfied with the outcome you may escalate the matter externally to the Independent Betting Adjudication Service (IBAS).
IBAS 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. The IBAS panel of betting experts apply their specialist knowledge to the facts and will adjudicate by reference to these terms but do not rule on complex legal issues. As well as offering effective dispute resolution procedures, IBAS also check that we have complied with the standards set by the appropriate regulatory bodies and with the IBAS terms of registration.
IBAS can be contacted at www.ibas-uk.com or via telephone on +44 (0)207 347 5883 or via post at IBAS, PO Box 62639, London EC3P 3AS.
You may refer a dispute to IBAS at any time following the conclusion of our review of the dispute, so long as you do not fall under any of the circumstances where IBAS will not adjudicate on a dispute. Further information on reasons why IBAS won’t adjudicate can be found at www.ibas-uk.com.
In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.