OHMBET General Terms and Conditions

Introduction 


1.1 https://www.ohmbet.co.uk/ (the "Website") is operated and managed by Vivaro Limited, a company incorporated and registered under the laws of Malta, with Company Registration No.C45929, and having its registered office and business address at Luxe pavilion 2nd level, Diamonds International Building, Portomaso, St. Julian’s, STJ 4010 Malta.

References in these Terms to "Ohmbet", "we", "us" and "our" are references to Vivaro Limited.

1.2Vivaro Limited is licensed in the UK and is regulated by the Gambling Commission under the Remote Operating Licence Number: 000-044662-R-324273, valid from 12 July 2016. For further details on our licence, please click here.

2 These Terms and Conditions

 

2.1 These General Terms and Conditions together with the documents referred to in them (the "Terms") apply to you – and are binding on you – when you access and/or use the Website, open and use a Ohmbet Account, and/or use any of the products and Services we offer.

 

2.2 Please read these Terms carefully. We aim to make these Terms as clear and fair as possible. However, should you need any explanation regarding any aspect of these Terms or any part of our Services, please contact us using any of the contact details listed in Section 23 below.

3. Changes to these Terms 

 

Ohmbet may update, amend, edit and supplement these Terms at any time but any material amendment to these Terms will be notified to you by means of a pop-up notification on your next login and you will be asked to actively confirm your acceptance of the amended Terms before continuing to use the Website, your Ohmbet Account, or any of the products or Services we offer.

4. Other Important Terms

 

These Terms include and incorporate various other terms, as follows:

 

a. our Privacy Policy;

b. our Sports Betting Rules;

c. our General Promotional Terms

 

 

5. Changes to the Website/Services

 

 We may at any time modify or remove or add content to the Website (other than these Terms) and/or any of our Services.

 

6. Definitions

 

6.1 In these Terms, the following capitalised words have the following meanings:

 

 

“Account Holder” means an individual who has successfully registered a Ohmbet Account on the Website.

“Inactive Account” means a Ohmbet Account which has not recorded any log-in and/or log-out for a period exceeding 12 consecutive months.

"Prohibited Activity" means any of the activities listed in Section 18.2 below.

"Restricted Jurisdictions" means any jurisdiction other than the United Kingdom Isle of Man or the Channel Islands.

“Services” means the gaming and betting services provided by Ohmbet to the Account Holder through the Website.

“Ohmbet Account” means a Ohmbet account held by an Account Holder.

 

 

Creating an Account and Account Rules

7.1 To participate in any game for money, you must be an Account Holder. Players must register personally (i.e. not on behalf of anyone else). The following information must be provided during the registration application:

 

a. date of birth;

b. first and last name;

c. full residential address;

d. valid email address and contact number; and

e. a chosen username and password.

 

7.2 As an individual applying to become an Account Holder, you warrant and represent that:

a. you are you are at least 18 years of age;

b. you are not a resident in any Restricted Jurisdiction;

c. you are not a professional in any sport, competition or league where Ohmbet offers betting;  

d. you are legally able to enter into contracts;

e. you are opening your Ohmbet Account solely for your personal use and you are not acting on behalf of another party;

f. you are not classified as a compulsive problem gambler, and/or included (whether voluntarily or involuntarily) on any register or database of individuals who are excluded from gambling;

g. you are not depositing money originating from criminal and/or other illegal activities;

h. you are not depositing money through a payment card which you are not authorised to use;

i. you are not conducting, and will not conduct, any criminal activities directly or indirectly involving any Ohmbet Account;

j. you are responsible for complying (and you will comply) with your own local, national, federal, state or other laws concerning betting and gaming prior to opening a Ohmbet  Account or placing any bets, stakes or wagers or using our Services;

k. all information provided by you during the registration process is true and correct; and

l. you will keep your Ohmbet Account details up-to-date.

 

7.3 Ohmbet reserves the right to restrict or remove your access to the Services and/or to refuse the registration of any individual for any reason, at its sole discretion.

 

7.4  If you are located in a Restricted Jurisdiction, you must not (i) register with us for the applicable Service; (ii) attempt to use that Service; or (iii) use your payment card or other payment method to undertake betting or gaming with us for the prohibited Service.

 

7.5 If Ohmbet discovers that any information provided by you during the registration process is not true and correct, Ohmbet will either refuse the registration, or (where you have already successfully registered), Ohmbet will suspend the Ohmbet Account pending an investigation of the circumstances and may close the Ohmbet Account permanently on completion of that investigation (see Section 18.2 below).

 

7.6 A Ohmbet Account is non-transferable. Account Holders may not sell, transfer or acquire accounts from or to other Account Holders. Funds cannot be transferred between Ohmbet Accounts.

 

7.7  Account Holders may not allow any other individual, including any minor, to use their Ohmbet Account, access and/or use any material or information from the Website, access and/or participate in the Services.

Creating an Account and Account Rules

7.1 To participate in any game for money, you must be an Account Holder. Players must register personally (i.e. not on behalf of anyone else). The following information must be provided during the registration application:

 

a. date of birth;

b. first and last name;

c. full residential address;

d. valid email address and contact number; and

e. a chosen username and password.

 

7.2 As an individual applying to become an Account Holder, you warrant and represent that:

a. you are you are at least 18 years of age;

b. you are not a resident in any Restricted Jurisdiction;

c. you are not a professional in any sport, competition or league where Ohmbet offers betting;  

d. you are legally able to enter into contracts;

e. you are opening your Ohmbet Account solely for your personal use and you are not acting on behalf of another party;

f. you are not classified as a compulsive problem gambler, and/or included (whether voluntarily or involuntarily) on any register or database of individuals who are excluded from gambling;

g. you are not depositing money originating from criminal and/or other illegal activities;

h. you are not depositing money through a payment card which you are not authorised to use;

i. you are not conducting, and will not conduct, any criminal activities directly or indirectly involving any Ohmbet Account;

j. you are responsible for complying (and you will comply) with your own local, national, federal, state or other laws concerning betting and gaming prior to opening a Ohmbet  Account or placing any bets, stakes or wagers or using our Services;

k. all information provided by you during the registration process is true and correct; and

l. you will keep your Ohmbet Account details up-to-date.

 

7.3 Ohmbet reserves the right to restrict or remove your access to the Services and/or to refuse the registration of any individual for any reason, at its sole discretion.

 

7.4  If you are located in a Restricted Jurisdiction, you must not (i) register with us for the applicable Service; (ii) attempt to use that Service; or (iii) use your payment card or other payment method to undertake betting or gaming with us for the prohibited Service.

 

7.5 If Ohmbet discovers that any information provided by you during the registration process is not true and correct, Ohmbet will either refuse the registration, or (where you have already successfully registered), Ohmbet will suspend the Ohmbet Account pending an investigation of the circumstances and may close the Ohmbet Account permanently on completion of that investigation (see Section 18.2 below).

 

7.6 A Ohmbet Account is non-transferable. Account Holders may not sell, transfer or acquire accounts from or to other Account Holders. Funds cannot be transferred between Ohmbet Accounts.

 

7.7  Account Holders may not allow any other individual, including any minor, to use their Ohmbet Account, access and/or use any material or information from the Website, access and/or participate in the Services.

8. Verification Checks and Identification Documents

 

8.1 By accepting these terms and condition, you agree that we are entitled to conduct any necessary identification, credit, source of funds and other verification checks that we may reasonably require and/or are required of us under applicable law and regulations or by regulatory authorities.

 

8.2 You may not use the Services if you are under the age of 18 and you will not be permitted to use the Services unless and until we have verified your age to our satisfaction.

 

8.3 Upon request, you may also be required to send in valid identification documents proving your identity and address in order that we may carry out identification, credit and other verification checks that we may require and/or are required by applicable laws and regulations and/or by the relevant regulatory authorities for use of the Services. You agree to provide all such information as we reasonably require in connection with such verification checks. Until such time as we have received the requested documents and satisfied our verification checks to our reasonable satisfaction, we are entitled to restrict your Ohmbet Account in any manner that we reasonably deem appropriate, including by preventing you from placing any bets or wagers, or from withdrawing your funds.

 

8.4  The documents or information requested by us may depend on the jurisdiction where you live. We reserve the right to determine in our reasonable discretion which documents we require in order to carry out our verification checks. Acceptable identification documentation includes but is not limited to:

 

 

Proof of name

Proof of address

Current signed passport

Utility bill (gas, electric, satellite television, landline phone bill) issued within the last three months

Original birth certificate (UK birth certificate issued within 12 months of the date of birth in full form including those issued by UK authorities overseas such as Embassies High Commissions and HM Forces)

Local authority council tax bill for the current council tax year

EEA member state identity card (which can also be used as evidence of address if it carries this)

Current UK driving licence

Current UK or EEA photocard driving licence

Bank, Building Society or Credit Union statement or passbook dated within the last three months

Full old-style driving licence

Original mortgage statement from a recognised lender issued for the last full year

Photographic registration cards for self-employed individuals in the construction industry -CIS4

Solicitors letter within the last three months confirming recent house purchase or land registry confirmation of address

Benefit book or original notification letter from Benefits Agency

Council or housing association rent card or tenancy agreement for the current year

Firearms or shotgun certificate

Benefit book or original notification letter from Benefits Agency

Residence permit issued by the Home Office to EEA nationals on sight of own country passport

HMRC self-assessment letters or tax demand dated within the current financial year

National identity card bearing a photograph of the applicant

Electoral Register entry

 

NHS Medical card or letter of confirmation from GP’s practice of registration with the surgery

 

8.5 The name that you provide during the registration process must be identical to that on the identification documents you provide.

 

8.6 We are entitled to assume that you are using your own funds and we accept no liability where that is not the case. In accordance with our anti-money laundering obligations, we reserve the right – acting reasonably – to raise queries or require documentation related to the source of deposited funds. If the requested information and/or documentation is not provided or is not considered by us (acting reasonably) as satisfactory, we may suspend/terminate the Ohmbet Account, withhold payment of any money held in the Ohmbet Account, and pass on any necessary information to the relevant authorities. In particular but without limitation, we reserve the right to void any bets and withhold any winnings where we have reason to believe bets have been placed using third party funds.

9. Ohmbet's Obligations and Warranties

 

Ohmbet warrants and represents at all times to:

 

a. manage funds belonging to Account Holders in a secure and appropriate manner and in accordance with Section 10 below;

b. absorb the cost of and pay any applicable gaming and betting duty relating to the provision of the Website and the Services; and

c. manage all Account Holder data in accordance with applicable data protection laws (see our Privacy Policy for more information.

10. Protection of Customer Funds

 

10.1 Ohmbet 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.

 

10. 2 Ohmbet holds all customer funds separately from company funds in a designated customer account. Customer account balances, held under the UK license, will be supported by a bank guarantee. The bank guarantee will be secured in case of insolvency. The customer funds will be distributed to the customer in the event of insolvency. This meets the Gambling Commission of Great Britain’s requirements for the segregation of customer funds at the level: medium protection. For more information, please follow this link.

11. Responsible Gaming

 

Policy

11.1 Ohmbet is committed to offering its Account Holders a fun, safe, and friendly online gaming experience. However, we also recognise that gambling can cause problems for a minority of individuals. Ohmbet actively supports responsible gambling and encourages its Account Holders to make use of a variety of responsible gambling features so as to better manage their Ohmbet Account. These features are explained in this Section 11 and we also provide some further Responsible Gaming guidance which you can access here.

 

Using your Ohmbet Account Settings

 

11. 2 An Account Holder may, by using their Ohmbet Account settings:

 

a. set a limit on the amount that they may wager or deposit into their Ohmbet Account within a specified period of time;

b. apply a “Time Out” to their Ohmbet Account: a temporary block of 24 hours, one week, one month or six weeks in order for clients to take a temporary break from their gambling; and/or

c. apply a “Reality Check” on their Ohmbet Account: once set, an alert will be displayed as a reminder that you have been logged into the casino section of your Ohmbet Account for the specified period of time. You will then be given the options of continuing, viewing your transactions or stopping and exiting the game. If you wish to change the frequency of your “Reality Check” or remove it, these changes will be applied to the Ohmbet Account immediately.

 

11.3 If Ohmbet has reason to believe that an Account Holder's gambling will or may cause them financial or personal difficulties, Ohmbet reserves the right to undertake a customer evaluation review which may involve or result in monitoring of the Ohmbet Account activity, initiating deposit limits, raising queries with, or requiring documentation from, the Account Holder relating to the source of deposited funds, applying self-exclusions, and/or ultimately closing the Ohmbet Account if we consider this to be in the Account Holder's best interests.

Self-exclusion

 

11.4  For any Account Holders wishing to limit their gaming, Ohmbet offers a self-exclusion option, which allows an Account Holder to close their Ohmbet Account immediately for a certain period of time.

 

11.5  To request a self-exclusion period, you can send:

 

a. us an email at [email protected];

 

b. use the select the “Self-Exclusion” option from the “My Profile” menu in your Ohmbet Account, and from there you will be able to select the period for self-exclusion (six months, one year, two years, five years or indefinite).

 

11.6  The request will be accepted immediately, and you will receive confirmation by email.

 

11.7  During any period of self-exclusion, we cannot accept deposits or bets. We will close your Ohmbet Account and return any remaining balance to you. Any bets/wagers which are 'open' when the period self-exclusion starts will remain active and any winnings will be paid to you on conclusion of the relevant event. Once you have requested a self-exclusion this decision is irrevocable until the defined period of self-exclusion has expired, at which time you may contact Ohmbet and either request to resume gambling or set another period of self-exclusion. Ohmbet's compliance team will review any request to resume gambling before permission to resume is granted. This review will consider relevant factors including but not limited to: any breaches or attempted breaches of self-exclusion (including attempted or successful opening of accounts with white label partners), and any activity/communications on the self-excluded account. If evidence of any of the above is found, resumption of gambling may be refused and the self-exclusion may be extended. A 24 hour “cooling off” period will apply to those who have been approved to resume gambling.

 

11.8  In addition to our own self-exclusion tools, Great Britain residents may also apply to self-exclude with GAMSTOP. GAMSTOP is a free self-exclusion service set up to help you avoid online gambling websites which are run by companies licensed by the Gambling Commission of Great Britain and which have signed up to the GAMSTOP service.

 

11.9 You can self-exclude using GAMSTOP by visiting this website. Please note that your GAMSTOP self-exclusion may take a number of days to become active on our Website. You must ensure that the registration details provided to GAMSTOP match the registration data on your Ohmbet Account, otherwise your GAMSTOP self-exclusion may not become active with us. Once your self-exclusion becomes active, you will no longer be allowed to use our Website for the relevant period of time.

 

11.10 There are also various software products available to assist with the self-exclusion process. For more information, please visit the following sites:

• Netnanny

• Gamblock

• Betfilter

• CYBERsitter

 

11.11 If you have self-excluded, we will take all reasonable steps to ensure that the self-exclusion procedure is adhered to, including by implementing reasonable measures to prevent you from accessing the Services and to ensure that no promotional material is sent to you. However, you accept that we are in no way responsible towards you or any third party (including in respect of any losses you may incur) if you circumvent the self-exclusion measures we put in place, including by opening any additional/duplicate Ohmbet Accounts in which you have changed any registration details.

Deposit Limits

 

11.12  When setting up your Ohmbet Account – or by using your Ohmbet Account settings at any later time - you may choose to impose a ceiling on the maximum deposit you may make within a specified period of time (either daily, weekly or monthly).

 

11.13 An Account Holder who has set a deposit limit as above may change or revoke the limit using their Ohmbet Account settings. Increasing or revoking a limit takes effect 24 hours after the change request. Decreasing a limit takes effect immediately following the change request. Ohmbet will not accept a wager from an Account Holder contrary to a limit or exclusion set by themselves as above.

12. Inactive Accounts

 

12. 1Ohmbet will contact an Account Holder no less than 30 days prior to designating a Ohmbet Account as an Inactive Account using the Account Holder's last known email address. If no response is received from the Account Holder within 7 days of the date on which Ohmbet has attempted contact, the Ohmbet Account will be designated as an Inactive Account from that date.

 

12. 2 Before classifying a Ohmbet Account as an Inactive Account, Ohmbet will attempt to return any outstanding real money balance to the relevant Account Holder using the last payment method used by them to deposit into the Ohmbet Account, except where these Terms permit us to withhold payment. 

13. Duplicate Accounts

 

An Account Holder may hold only one Ohmbet Account at any one time. If we discover that you hold more than one Ohmbet Account we reserve the right to suspend or close all duplicate Ohmbet Accounts. We may also exercise our right to suspend or permanently close your Ohmbet Account(s) under Section 18.2 below. Any bonuses attributable to any duplicate Ohmbet Account(s) will be voided.

 

14. Closing your Ohmbet Account

 

14.1 An Account Holder may close their Ohmbet Account at any time by contacting Ohmbet’s Customer Support using the contact details in Section 23 below or as provided in the “FAQ” section on the Website. Any funds in the closed Ohmbet Account will be remitted to the Account Holder.

 

14.2  Account Holders who wish to recover funds held in a closed or suspended Ohmbet Account are advised to contact Customer Support using the contact details in Section 23 below.

15. Deposits and Withdrawals

 

Credit Checks 

 

Ohmbet reserves the right to run external credit and affordability checks on all Account Holders with authorised third party credit agencies on the basis of the information provided on registration. Customers who deposit with credit/debit cards may be subject to additional identification verification, including submission of identification documents, copy of card, and proof of address.

 

Deposits and Wagers

 

15.1 Deposits into a Ohmbet Account can be made using any of the payment methods listed in Section 16 below. Procedures, terms and conditions, availability, and duration for deposits may vary depending on the payment method  in question. Current advice is available when logged in on the Website under the headings “Deposit” or “Withdrawal”.

15.2  Ohmbet will not accept a wager from an Account Holder unless there are adequate funds in their Ohmbet Account to cover the amount of the wager.

15.3 Depending on the payment method chosen by the Account Holder, minimum and/or maximum deposit limits may apply and if so, these will be displayed in the "Deposit" section of the Ohmbet Account.

Withdrawals

 

15.4 You may withdraw your own real money deposits and winnings held in your Ohmbet Account at any time provided that:

 

a. all payments made into your Ohmbet Account have been confirmed as cleared and have not been charged-back, reversed or otherwise cancelled;

b. we have completed any verification to our reasonable satisfaction (see Section 8 above). Where we have requested information from you to carry out these checks, any delay in providing this information may cause an additional delay when withdrawing funds; and

c. there is currently no ongoing investigation:

into a game defect involving a game which you have played which requires a temporary freeze on withdrawal of funds; or

where we have reason to believe you may have engaged in an illegal or Prohibited Activity which could entitle us to withhold funds in accordance with Section 18.1 below.

 

15.5 All withdrawals (wherever possible) will be processed back to the same payment method used to make a deposit on the Ohmbet Account. Where we cannot process a payment back to the originating payment method, we will contact you to arrange for withdrawals to be processed back to an alternative payment method in your name and we may request documentary evidence such as identity documentation and bank statements to verify the alternative payment method before such a withdrawal may be processed.

 

15.6 In the case of a withdrawal being made for the first time, a large withdrawal, or changes being made to payment options, we may take additional security measures to ensure that you are the rightful recipient of the withdrawal. In these instances, copies of identification documents may be required before payment can be made. These measures are in place to protect our customers and may result in a slight delay.

 

15.7 Ohmbet reserves the right to charge the Account Holders a fee when they withdraw funds from their Ohmbet Account. These fees vary according to the payment method used for the withdrawal. The fees we impose on withdrawal represent a reasonable estimate of the costs incurred by us in processing that withdrawal.

16. Methods of Payment

 

16.1 Ohmbet provides its clients with many payment options, the current list of which at any given time will be listed on the relevant page(s) of the Website.

 

16.2 Deposits may, from time to time, be partially and/or fully declined by the relevant payment solution provider or a financial institution. Ohmbet’s personnel have no control over this, nor do they have any knowledge of the reasons for any deposits being declined.

 

16.3 Paypal – Softconstruct IOM is the technical services provider for PayPal deposits and withdrawals. This arrangement is in accordance with section 10 of these general terms and conditions “Protection of customer funds”

17. Bonuses, Promotions and Competitions

 

17.1 We may, from time to time, offer bonuses, promotions and/or competitions which are governed by separate terms and conditions. Any bonuses, prizes or special gifts credited to your Ohmbet Account must be used in adherence with those separate terms and conditions.

 

17.2 In the event and to the extent of a conflict between these Terms and the promotion- or competition- specific terms and conditions, the promotion- or competition- specific terms and conditions will prevail.

18. Termination/Suspension of Ohmbet Accounts

 

18.1 We are entitled to close your Ohmbet Account at any time by giving you no less than one (1) month's written notice.  Any balance in your Ohmbet Account at the time of such closure or any closure under Section 18.2 below will be paid back to you, except that:

 

a. if you have engaged in illegal activity, Ohmbet is under no obligation to refund to you any money that may be in your Ohmbet Account; and

b. if we discover or have reasonable grounds to believe that you have participated in any Prohibited Activities then we reserve the right to withhold all or part of the balance and/or recover from your Ohmbet Account deposits, payouts, bonuses, and/or any winnings that are attributable to those Prohibited Activities.   

 

18.2   We may suspend your Ohmbet Account where we have reason to believe that you have engaged or are likely to engage in any Prohibited Activity and your Ohmbet Account will remain suspended while the matter is investigated. Should our investigation result in our reasonable determination that you have engaged in any Prohibited Activity, we may restrict or permanently close your Ohmbet Account. In such circumstances, your details may be passed on to any applicable regulatory authority, regulatory body or any other relevant external third parties.

 

Prohibited Activities

 

a. if you have more than one active Ohmbet Account;

b. if the name registered on your Ohmbet Account does not match the name on the financial/bank account and/or the credit/debit card(s) used to make deposits on that Ohmbet Account;

c. you become bankrupt;

d. if you provide incorrect or misleading information while registering for a Ohmbet Account (except where you provide any incorrect or misleading information in order to pass relevant age-verification checks which is dealt with under Section 8.2);

e. if you attempt to use your Ohmbet Account through a VPN, proxy or similar service that masks or manipulates the identification of your real location, or by otherwise providing false or misleading information regarding your citizenship, location or place of residence, or by making bets or wagers using the Website through a third party or on behalf of a third party;

f. if you are located in any Restricted Jurisdiction;

g. if you have allowed or permitted (whether intentionally or unintentionally) someone else to use your Ohmbet Account;

h. if you have played in tandem with other Account Holder(s) as part of a club, group, etc., or placed bets or wagers in a coordinated manner with other Account Holder(s) involving the same (or materially the same) selections;

i. if we have received a “charge back” and/or a "return" notification via a deposit mechanism used on your Ohmbet Account;

j. if you are found to be colluding, cheating, money laundering or undertaking any kind of fraudulent activity in relation to your Ohmbet Account or your use of the Services; or

k. if you have employed or made use of a system (including machines, computers, software or other automated systems such as bots) designed specifically to defeat our gaming systems; or

l. if you otherwise materially breach these Terms.

19. Account Security 

 

19.1 Account Holders are given a personal account number, and they must choose a password and a username for use in connection with their Ohmbet Account.

 

19.2 It is the Account Holder's 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 Ohmbet’s Customer Support and a new password will be issued to them.

 

19.3 Ohmbet 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 Ohmbet’s error, Ohmbet will not be responsible and will not be held liable for any claim regarding that Ohmbet Account.

20. Limitation of Liability

 

20.1 This Section is not intended to exclude any liability for anything which it would be unlawful to exclude. In particular (but without limitation) nothing in these Terms will operate so as to limit or exclude any liability: 

 

a. of Ohmbet in respect of personal injury or death caused by Ohmbet's negligence or the negligence of Ohmbet's employees, agents or subcontractors;

b. for fraud or fraudulent misrepresentation;

c. for Ohmbet for any breach by Ohmbet of your statutory rights; or

d. any other liability which may not be excluded by applicable law.

 

20.2  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 the contract between us 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 the contract was made, both we and you knew it might happen.

 

20.3  If defective digital content which 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 appropriate compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

 

20.4 Subject always to Sections 20.1 to 20.3 above:

 

a. we accept no liability for any damages or losses which arise out of or in connection with your use of the Services or the Website; and

b. our maximum liability to you arising under these Terms will not exceed the value of the bets and/or wagers you placed via your Ohmbet Account in respect of the relevant bet/wager or Service that gave rise to the relevant liability.

 

20.5  The Services and the Website are provided for personal use only. If you use the Services or the Website for any commercial or business purpose, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

 

20.6  The Services and the Website are provided on an “as is” basis and to the fullest extent permitted by law, we make no warranty or representation in relation to the satisfactory quality, fitness for purpose, completeness or accuracy of the Services or the Website.

21. Errors and Interruptions in Play

 

21.1 If your participation in the Services is interrupted by an internet or system malfunction and that interruption prevents you from continuing to use the Services after you have placed a wager, Ohmbet will take all reasonable steps to ensure that you are able to resume your participation as at the time immediately before the interruption. If this cannot be done for whatever reason, Ohmbet will:

 

a. ensure that the applicable Service is terminated; and

b. refund the amount of the wager to your Ohmbet Account.

 

21.2 Although we will take all reasonable measures to ensure that the Website and Services are free from computer viruses we cannot and do not guarantee that the Website and Services are free of such problems. It is your responsibility to protect your systems and have in place the ability to reinstall any data or programs lost due to a virus. However please see Section 20.3 above for details of when we will be liable for defective digital content which we have supplied to you and which damages a device or digital content belonging to you.

 

21.3 We may temporarily suspend the whole or any part of the Website and/or the Services for any reason at our sole discretion. We may, but will not be obliged to, give you as much notice as is reasonably possible of such suspension. We will restore the Website and the Services as soon as is reasonably possible after any temporary suspension.

 

21.4 If you notice an error or incompleteness on the Website and/or in any of the Services please let us know about it straight away using the contact details provided in Section 23 below. You may not knowingly take advantage of the error or incompleteness and you agree to keep the error or incompleteness confidential.

22. Ohmbet is not a Financial Institution

 

22.1. Ohmbet is not a financial institution. That means that neither deposits nor winnings are interest-bearing, i.e. the Account Holder will not receive any interest on the balance on the Ohmbet Account.

 

22.2 Ohmbet does not provide advice regarding tax and/or legal matters. Account Holders who wish to obtain advice regarding tax and legal matters are advised to contact appropriate advisors.

 

22.3 You are solely responsible for any applicable taxes on any prizes and/or winnings that you collect from Ohmbet.

 

23. Getting in Touch

 

You can get in touch with us in any of the following ways:

 

• By email: [email protected]

• By phone: +37 410 510051

• By post: Vivaro Limited, Luxe Pavilion, 2nd level, Diamonds International Buildings, Portomaso, St Julian’s, STJ 4010, Malta

• By clicking on the "live chat" logo where it appears on the Website

• By our Website "Contact Us" page here

24. Complaints

 

24.1 Ohmbet is committed to providing a high quality, accessible and responsive service to its customers.  However, if you are dissatisfied with any aspect of our Services, please inform us by communicating your complaint to us either verbally or in writing. Our contact details are set out in Section 23 above.

 

24.2 All complaints are taken seriously, investigated thoroughly and handled in a confidential manner. Information about our complaints procedure is set out in this Section 24.

 

24.3 To ensure that your complaint is dealt with as promptly as possible, please provide us with the following information:

 

a. you username and Ohmbet Account number;

b. you registered first name and surname;

c. a detailed explanation of the complaint/claim; and

d. specific dates and times associated with the complaint/claim (if applicable).

 

24.5 We will acknowledge all complaints within 24 hours of receipt. In the first instance, the Ohmbet will endeavour to resolve the complaint to the satisfaction of both parties within fifteen working days.

 

24.6  Should this not be possible we will explain why and provide a date by which you can expect a full response.

 

24.7 Ohmbet's internal complaints process will be considered at an end if your complaint remains unresolved eight weeks after we first received it (taking into account any times that the ‘clock’ on the time period may have been paused), or if you and Ohmbet have reached either deadlock or final position in less than eight weeks. On reaching this point we will write to you with a final letter to explain:

 

a. the final decision (if one has been reached),

b. that this is the end of our internal complaints process, and

c. how to escalate your complaint to an independent ADR entity if you wish to do so (see Section 25 below.

 

25. Alternative Dispute Resolution

 

25.1 If, at the end of the complaint process outlined in Section 24 above, you do not consider that Ohmbet has settled the dispute, you may refer the matter to IBAS, our ADR provider. The IBAS website and full contact details can be found here.

 

25.2 IBAS rulings are legally non-binding on consumers, who are free to pursue any case through the court system after using IBAS.

 

25.3 Alternatively, you can refer the dispute via the European Commission’s Online Dispute Resolution (ODR) Platform, which will then forward it on to the relevant ADR entity.

 

25.4 The nominated ADR entity will act as an impartial adjudicator on disputes that arise between Ohmbet and an Account Holder only when:

 

a. the Account Holder has made every reasonable effort possible to resolve the dispute before speaking to them – in practice this means that you should go through Ohmbet's own internal customer complaint process (set out in Section 24 above) before referring the matter to ADR; and

b. a deadlock regarding the resolution exists.

 

26. Intellectual Property 

 

 

All trademarks, service marks and trade names as well as images, materials, graphics, text, concepts and methodologies (the “Ohmbet Assets”) found on or via the Website are the exclusive property of Ohmbet and/or Ohmbet’s suppliers and partners. You are not entitled to exploit or otherwise use any of the Ohmbet Assets for any purpose other than the proper use of the Website and Services, and except for what is allowed by law.

 

27. Privacy/Personal Data

 

We are committed to protecting and respecting your privacy and we comply with all applicable data protection and privacy laws. Please refer to our Privacy Policy for details on how we deal with any personal information received or obtained by us from or about you.

 

28. Other Important Terms

 

28.1 Governing Law: These Terms and the relationship between you and Ohmbet will be governed by, and interpreted in accordance with, the laws of England and Wales.

 

28.2 Language Translations: These Terms may be published in a number of languages for information purposes and for ease of your access. All versions are intended to convey the same principles in different languages. However, 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.

 

28.3 Assignment/Transfer: We may assign our rights, or transfer our obligations, under these Terms to another person, but we will only do so where that assignment or transfer will not prejudice your rights under these Terms, or alternatively with your consent.

 

28.4 Removal of Unenforceable Terms: If any provision of these Terms is held to be illegal or unenforceable, that provision will be severed (i.e. removed) from these Terms and all other provisions will remain in force unaffected by such removal.

 

28.5 Force Majeure: Ohmbet will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these Terms to the extent that failure or delay is caused by events outside of our reasonable control.