1.Introduction

1.1. This acceptable use policy sets out the terms between you and us under which you may access our website www.brokerstorm.com. This acceptable use policy applies to all users of our site which govern all use of the betting software provided by Brokerstorm agency.

1.2. Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms of website use

2. Nature of the Platform

2.1. The Platform provides only an automated means by which you, the authorized user, (‘you’) can enter into online betting transactions (“Bets”) with certain third party bookmakers with whom you hold a betting account. The Platform, and the software comprised in the Platform (‘Software’), therefore merely facilitates betting activities you would otherwise have to action manually. You therefore agree that you are fully responsible and liable for the management and maintenance of all betting accounts held by you, for the checking and verification of all Bets, including their status and accuracy, and for all aspects of Bet selection. You agree (i) that brokerstorm have no responsibility or liability in any of these respects and (ii) that we shall provide you with no advice, recommendation or other guidance relating to betting, betting accounts or otherwise.

2.2. All Bets are between you and the relevant bookmaker(s) only and Brokerstorm will not under any circumstances be a party to those betting transactions. Brokerstorm does not act as, or hold itself out as, a bookmaker. The Software merely places the bets on your behalf.

2.3. By placing a Bet through the Software you fully understand and agree to the Bet being subject to the Terms and Conditions given by the bookmaker that accepted the Bet. Terms and Conditions are subject to change at any time and Betting Rules for certain sports and incidents may vary between the bookmakers. You are advised to keep track of which bookmaker that accepted your Bet.

2.4. The acceptance or rejections of Bets is the sole discretion of the bookmaker. Brokerstorm does not take any responsibility towards customers for how Bets are handled and graded by the bookmakers and in case of a dispute regarding a Bet you accept that it will be handled by each bookmaker according to their rules.

3. Account Information

3.1. You represent and undertake that:
a) Your use of the Platform will not breach any law, regulation, code of conduct, code of practice or any obligation to any third party;§
b) if you are an individual, you represent and confirm that you are at least 18 years of age, you are of sound mind and fully capable of entering into binding legal agreements.§

3.2. We are under no obligation to permit any entity or person to use the Platform and we reserve the right to refuse anyone permission to use the Platform in our absolute discretion.

3.3. You will keep all account information, including user name(s) and passwords(s), secure and strictly confidential. You agree to notify us immediately if you become aware of any unauthorised use of the Platform.

4. Use of the Platform

4.1. You undertake to use the Platform for legitimate betting purposes only and strictly in accordance with these Terms. You may not use the Platform if use would be illegal in the jurisdiction in which you are located.

4.2. You are fully responsible and liable for all Bets and for all related profits, losses and other liabilities, including (without limitation) choice of Bets, accuracy, amounts staked and setting and/or compliance with applicable betting limits. You understand and accept that you may lose money on Bets and that you bear full responsibility for all and any losses. Brokerstorm Pro™ will under no circumstances be liable for such losses.

4.3. You are responsible for understanding the content and operation of the Platform, including the functionality of the Software.

4.4. You agree that you will:
a) provide us with all co-operation and assistance required in relation to the provision of the Platform and the investigation of any interruptions, faults, outages or security issues;§
b) provide us with all data and other information reasonably required in relation to these Terms, including security access information and software interfaces to any relevant business applications, and ensure that all information provided is true, accurate, complete and not misleading in any material respect; and§
c) carry out your obligations in a timely and efficient manner and notify us immediately of any breaches or suspected breaches.§

4.5. Should you fail to perform any such obligations then we will not be liable for any delay, loss or damage arising from such failure or from reliance on information or materials provided by you.

5.Reliance on Platform Data

5.1. The information available via the Platform relating to the indicative price and volume offered by bookmakers (‘Offer(s)’) is provided on an “as is” basis and Brokerstorm makes no representations and gives no warranties in respect of the accuracy of that information.

5.2. You accept that Brokerstorm Pro™ shall have no liability for inaccuracies in Offers, save where the inaccuracy results from the negligence of Brokerstorm. You accept that all Offers are invitations only, so that we are not able to guarantee the availability or currency of the Offer when you come to execute the Bet.

6. Suspension of Platform & Maintenance

6.1. We reserve the right to limit, suspend or terminate access to the Platform without liability at anytime and for whatever reason.

6.2. We may suspend all or any part of the Platform for the purpose of repair, maintenance or improvement. We shall use reasonable endeavours to keep any such suspensions to a minimum. If we suspend owing to defect or compromise on your part, the suspension will not be lifted until the default is rectified to our reasonable satisfaction.

7. Exclusions

7.1. You recognize and accept that owing to the nature of the Platform we cannot promise that it will be error-free, immune from security risks or available on an uninterrupted basis. We will use all reasonable endeavours to maintain the accuracy and availability of the Platform but we cannot provide any warranty in those respects.

7.2. You agree and accept that we will have no liability for any bugs, defects or other errors in the Platform (including the Software) unless they arise from our negligence. Notwithstanding the foregoing, you specifically agree that we shall have no liability in respect of any losses (including without limitation any gambling losses) you may incur as a result of your reliance upon any incorrect Platform data (including without limitation any incorrect notification of rejection or non-execution of any transaction) unless you first request us to check the accuracy of the said data and we negligently confirm it as accurate. Any such liability shall nevertheless be subject to the limitations and exclusions set out in clause 10 below.

7.3. You agree and accept that we will have no liability in respect of any failure or delay by you in respect of (i) the management and maintenance of the betting accounts, including (without limitation) any failure to ensure the availability and sufficiency of funds, (ii) the checking and verification of all Bets, including (without limitation) as to their status and accuracy, and/or (iii) any other aspect of Bet selection.

7.4. We are not responsible for unauthorised access to your data or the unauthorised use of the Platform unless the unauthorised access or use results from our failure to meet our reasonable security obligations.

8.Ownership

8.1. The Platform is the property of Brokerstorm, including (without limitation) all rights in data, database rights, intellectual property rights and related content; save that all information relating to Offers is owned by the bookmakers concerned. You have no rights in, or to, the Platform or the Software other than the limited right of usage set out in clause 4 above.

8.2. You represent and undertake that, except as may be permitted under applicable laws or expressly agreed by us, that you will not:
a) attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Platform or any related or associated documentation (“Documentation”) (as applicable) in any form or media or by any means; or§
b) attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Software; or§
c) access all or any part of the Platform and/or Documentation in order to build a product or service which competes with the Platform and/or the Documentation; or§
d) use the Platform to provide services to third parties; or§
e) license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Platform (or any part thereof) available to any third party; or§
f) attempt to obtain, or assist third parties in obtaining, access to the Platform, other than via an agreement with us.§

9. Indemnity

You agree to defend, indemnify and hold us harmless against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with your use of the Platform and/or your breach or non-compliance with these Terms.

10. Limitation

10.1. Except as expressly and specifically provided in these Terms all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded.

10.2. Nothing in this Agreement excludes liability (i) for death or personal injury caused by our negligence; (ii) for fraud or fraudulent misrepresentation, or (iii) which we may not exclude under applicable law.

10.3. You agree that (i) you are an authorised user only, (ii) your rights to use the Platform derive solely from the rights of the Brokerstorm Pro™ account holder under whose authority you are issued with a username and password (‘Account Holder’), (iii) Brokerstorm Pro™’s sole liability shall be to the Account Holder, and (iv) you will have no rights against Brokerstorm Pro™, contractual or otherwise, and you hereby expressly waive all such rights. Without prejudice to the foregoing and subject to clauses 10.2 and 10.3:
a) Brokerstorm shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits (direct or indirect), loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss costs, damages, charges or expenses however arising; and§
b) Brokerstorm  total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, to the Account Holder (including all authorised users) shall be limited to: €2,500 (two thousand five hundred Euros).§

11. Termination

11.1. Without prejudice to any other rights we may have, we may terminate your access to the Platform at any time and for whatever reason.

12. Privacy

The personal information you provide to us will be processed in accordance with our Privacy Policy.

13. Confidentiality

13.1. You agree to keep secret any confidential information received from us, namely any information which is confidential in nature or is marked as such, including information and material relating to our business, financial information, betting information and history, intellectual property rights, business processes, supplier relationships, client details and activities under these Terms (‘Confidential Information’). For the avoidance of doubt, the Platform and the Software (including all related information and data) are confidential.

13.2. You agree not disclose to disclose any Confidential Information to any third party without our prior written consent, to store all Confidential Information in a secure place when not in use and safeguard Confidential Information in a manner no less secure than that you apply to your own confidential information of the same or similar nature, and to use the Confidential Information only for the purpose of using the Platform in accordance with these Terms.

13.3. Confidential Information will not include information that you can demonstrate on reasonable grounds (i) was previously known by you without any obligation to hold it in confidence, (ii) is independently developed by you without reference to the Confidential Information; (iii) is or becomes available to the public through no breach of these Terms; (iv) is required to be disclosed by law, regulations, valid order of a court or other governmental body, provided that you will use commercially reasonable efforts to notify us in advance of such required disclosure; or which is lawfully received, without restriction, against disclosure, from a third party free to disclose such information.

14. Force majeure

We shall have no liability for any delays or failures which result from circumstances beyond our reasonable control.

15. Amendments

We may amend the Terms by posting the amended terms on the Website.

16. Assignment

The rights granted under these Terms are personal to you and you may not sell, assign, delegate, subcontract, mortgage, charge or otherwise transfer any or all of your rights and obligations without our prior written agreement. Brokerstorm may at any time assign, novate, delegate, subcontract, mortgage, charge or otherwise transfer any or all of its rights and obligations under this Agreement without your consent.

17. Entire agreement

You confirm that you have not entered into these Terms on the basis of any representation that is not expressly set out herein. Nothing hereby excludes liability for fraud.

18. Severance

If any provision of these Terms is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from these Terms and rendered ineffective as far as possible without modifying the remaining provisions, and shall not in any way affect any other circumstances of or the validity or enforcement of these Terms.

19. Law and jurisdiction

These Terms (and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to these Terms) shall be governed by and construed in accordance with English law. The Parties agree that the English Courts shall have exclusive jurisdiction to hear and settle any action, suit, proceeding or dispute in connection with these Terms and irrevocably submit to the jurisdiction of such court.

This acceptable use policy sets out the terms between you and us under which you may access our website www.brokerstorm.com. This acceptable use policy applies to all users of our site which govern all use of the betting software provided by Brokerstorm agency.

Prohibited Uses – Overview

You may use the Platform only for lawful purposes. You may not use it:

  • in any way that breaches any applicable local, national or international law or regulation.
  • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  • for the purpose of harming or attempting to harm anyone, including minors, or in any manner which will, or is likely to, infringe the personal rights of others;
  • in any manner that will, or is likely to, infringe the copyright, trademark, trade secret or other intellectual property rights of others;
  • to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam);
  • in connection with any defamatory, indecent, obscene, offensive, threatening or abusive conduct or activity;
  • to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, bots, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware; or
  • in any way that is inconsistent with our Terms.

Specific Prohibitions

Without prejudice to the generality of the principles set out above, unacceptable use includes, but is not limited to, the following:

  • use which causes damage, detriment or disruption to our business, including the Platform, and/or the business or activities of our clients, or which may generate or create any liability for us or our clients.
  • use of the Platform to manipulate a market in a way that is linked to a sports event that is played to a completely or partially pre-determined result (i.e. use relating to match-fixing or odds manipulation). Should there be fraudulent activity or irregular betting pattern found in a player’s account; The company reserves the right to forfeit balance, cancel / void such bets and / or suspend player’s account
  • use of the Platform to bet against any sports team in which, either directly or indirectly, you have an interest, e.g. as employee, director, chairman or shareholder.
  • use of any methods or techniques for extracting data from the Platform without our consent (e.g. data scraping or data mining).
  • deceptive practices or ways of working.
  • actions that restrict or inhibit anyone in their use or enjoyment of the Platform.
  • causing or attempting to cause security breaches or disruptions of Internet communications (e.g. accessing data of which you are not an intended recipient, or logging into a server or account that you are not expressly authorized to access).
  • executing any form of network monitoring that will intercept data not intended for you.
  • circumventing user authentication or security of any host, network or account.
  • interfering with or denying service to any user (e.g., denial of service attack).
  • using any program/script/command, or sending messages of any kind, designed to interfere with, or to disable a user’s terminal session.
  • furnishing false or incorrect data of any kind.
  • sending junk mail or other advertising material to individuals who did not specifically request such material.
  • exporting or re-exporting data or content in violation of export or import laws or without all required approvals, licenses and exemptions.

Enforcement

Brokerstorm will determine, in its discretion, whether there has been a breach of this AUP by you. When a breach of this policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this AUP constitutes a material breach of the Terms, and may result in our taking all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use the Platform.
  • Immediate, temporary or permanent removal of any data, content or other material provided by you.
  • Issue of a warning to you.
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Further legal action against you.
  • Disclosure of such information to law enforcement and other regulatory authorities.

We exclude liability for actions taken in response to breaches of this AUP. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

Changes to this Policy

We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Amendments shall automatically come into effect 30 days after being posted on the Website unless you notify us that you do not agree to any of the proposed amendments. Some of the provisions contained in this AUP may also be superseded by provisions or notices published elsewhere on our Website.

Waiver and Severance

Any failure or delay in exercising or enforcing this policy shall not constitute a waiver of this policy or of any other right or remedy.

Questions?

If you have any questions concerning compliance with this AUP, please contact BrokerStorm at info@brokerstorm.com

Who we are

Brokerstorm are committed to protecting and respecting your privacy.

This policy (together with our General Terms and Acceptable Use Policy) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

Information we may collect from you

We may collect and process the following data about you:

  • Information that you submit to us, including information submitted via our website at BrokerStorm.com (our ‘Website’) and/or our betting platform available via the Website goal.Brokerstorm.com (‘Platform’). This includes information provided at the time of registering to use our Website or our Platform. We may also ask you for information when you report a problem and we may record any telephone calls with you.
  • If you contact us, we may keep a record of that contact and any related correspondence (including emails).
  • Details of transactions you carry out through our Platform.
  • Details of your visits to our Website (including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise) and the resources that you access.

IP addresses and cookies

We will collect information about your use of our Platform, including where available your IP address, operating system and browser type, for system administration and reporting purposes.
We may obtain information by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer’s hard drive. They help us to improve our Website and Platform and to deliver a better and more personalized service. They enable us to identify you, monitor your usage of the Platform and to recognize you when you return to our Website.
You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of our site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to our Website.

Where we store your personal data

The data that we collect from you may, if necessary, be transferred to, and stored at, a destination outside the European Economic Area (“EEA”). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. By submitting your personal data, you agree to this transfer, storing or processing.

We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

We capture your personal data over a secure link using recognized industry standard Secure Sockets Layer (SSL) technology which encrypts the data whilst passing it over the internet. This will be indicated on most browsers by a lock in the status bar at the bottom of the screen. Firewalls are also used to block unauthorized traffic to the servers.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.

Uses made of the information

We use information held about you in the following ways:

  • To ensure that our Platform is presented in the most effective manner for you and for your computer.
  • To provide you with access to our Platform and/or to provide any services we agree to provide (if any).