Trademate Sports is owned by the company TM Sports Technologies AS (“Trademate Sports”, “we”, “our”, “us”) incorporated in Norway with business registration number 919 421 398. By entering the Tradematesports.com Website, registering as a Member or using of any of our information or services in any manner whatsoever or by clicking the “Accept” icon on Trademate Sports you (the “User”) hereby accept our Terms and Conditions, and our Rules. If you do not consent to these Terms and Conditions, you should notify us in writing and we will terminate our relationship with you. We reserve the right to unilaterally amend our Terms and Conditions at any time and will notify you in writing on tradematesports.com if we do. Your continued use of our services shall constitute acceptance thereof. If you have any questions in relation to these Terms and Conditions, you should contact us at marius@tradematesports.com.
In consideration of our providing the Trademate Sports services to you, you agree to all of the Terms and Conditions contained in this Agreement.
Definitions
In this Agreement, the following terms shall have the following meanings:
- “Account” means a valid User account with Trademate Sports
- “Agreement” means these Terms and Conditions of Use, and the Rules collectively
- “Algorithm” means an algorithm developed by Trademate Sports with regards to calculate the odds of sports events
- “Trademate Sports Services” mean the information services made available by Trademate Sports on the Website
- “Software” means the Trademate Sports Services
- “Trademate Sports” means the odds information service owned and operated by TM Sports Technologies AS (located on the Website)
- “Trademate Sports Data” means odds data or any other data or content accessed from our site or any other data belonging to Trademate Sports from any other source
- “Member” or “User” means a person who has successfully registered a User Account
- “Restricted Person” means a competitor of Trademate Sports, or an employee, contractor or agent of any such competitor
- “Website” means the website with the URL www.tradematesports.com; and app.tradematesports.com
- “You” means, as applicable, any Member, any User of any of the Trademate Sports Services, or any person accessing the Website
In this Agreement:
- Words in the singular include the plural and vice versa and words in one gender include any other gender
- Paragraph headings are for the sake of convenience only and shall not affect the interpretation of this Agreement
Use of Service
In order to use our services, you must be accepted as a User. Our acceptance of you as a User is conditional upon you accepting these Terms and Conditions.
You will only be deemed to have successfully become a Member once you have:
- Created a User on our Website
- accepted the terms of this Agreement and
- Confirmed your email address or asked us to confirm your email address
When you register your Account, you will be asked to create a login and password. In order to prevent fraud, you must keep this password confidential and not disclose it or share it with anyone. If you know or suspect that someone else knows your password or that any other personal information has been stolen or otherwise accessed without your authority, you must notify us immediately by contacting marius@tradematesports.com.
You must not allow any other person or third party (including, without limitation, any minor) to use your Account. You are solely responsible for all use of Trademate Sports through your login and password. Unless caused by our negligence, any unauthorised use of the login and password will be your sole responsibility and deemed your use. You will therefore be liable for any such unauthorised use and will not be refunded any resulting losses from your betting or other activity, regardless of whether or not the third party who participated had your consent.
Acceptable Usage
The following use of Trademate Sports Data is strictly prohibited without the specific prior written consent of TM Sports Technologies AS:
- Commercial use by any person; and/or
- To sell or share, to any third party, any information obtained from Tradematesports.com
- Any use for any purpose by a Restricted Person
- Screen scraping, web scraping or any other automated or manual collection of Trademate Sports Data for commercial or personal use by any person and/or for any use by a Restricted Person is expressly prohibited. It is strictly forbidden to use any form of automated software or robots that periodically logs into or loads the Website. If such activity causes increased costs on the behalf of TM Sports Technologies the Member who registered the account from which the non-acceptable usage was performed will be held economically responsible for such costs. The economic responsibility includes both past and future violations of the acceptable usage
Trademate Sports has the right to cancel a subscription without any notice or refund if we believe, at our discretion, that a subscriber’s usage is unacceptable.
Your Representations and Warranties
You hereby represent and warrant (and our decision to accept you as a User is based upon such representations and warranties) that:
- you are fully and legally entitled to enter into this Agreement
- your entering into this Agreement is not illegal in your jurisdiction of residence and you will not use our services while located in any jurisdiction that prohibits the use of such services
- you are 18 years of age or older, or the age of legal consent for engaging with our services under the laws of the jurisdiction in which you are located, whichever is the higher
- all details provided by you are accurate and that you will not take steps to conceal your true identity from us
- you are the authorised User of any credit or debit card you use on Trademate Sports
- all and any monies utilized by you on Trademate Sports are the proceeds of or derived from lawful activities
Your Indemnities
- You acknowledge that Trademate Sports and its subsidiaries and affiliates will hold information with respect to your identity, including, but not limited to, your name, address and payment details. You understand and accept that we rely on this information in entering into this Agreement with you and you agree to hold us harmless against any falsehood or inaccuracy contained in the information you provide. Your personal data will be held in strict confidence by us in accordance with Norwegian Law
- You agree to indemnify and hold TM Sports Technologies AS and its holding companies, subsidiaries, affiliates, officers, directors, agents and employees harmless from any liabilities, claims, losses or demands made by any third party arising out of your breach of this Agreement or out of your violation of any law or the rights of any third party
- You agree to indemnify us and hold us harmless on demand for any losses, costs or expenses which may be incurred by us as a result of any errors contained in instructions submitted by you, any unauthorised or unlawful use of the Trademate Sports Services
Refunds
No refunds will be given.
Suspension and Termination
We may in our sole and absolute discretion
- (i) refuse to register an applicant or
- (ii) suspend and/or terminate a User’s use of our services with no obligation to provide applicants with any reasons for so doing
In amplification of the foregoing, but without limitation and without restricting our ability to rely on other remedies that may be available to us, we will suspend or terminate Accounts at our absolute discretion if:
- (i) we suspect that one or more Members are acting other than on their own behalf or in concert with others or engaging in illegal or fraudulent activity while using Trademate Sports Services
- (ii) we know or reasonably suspect that one or more Members are breaching any terms of these Terms and Conditions
- (iii) we know or reasonably suspect that one or more Members are acting in a manner that is detrimental to TM Sports Technologies's business, or its brand, name and goodwill
- (iv) we know or reasonably suspect that one or more Members suspect that Members may be or are having difficulties obtaining credit
- (v) suspend and/or terminate a User’s use of our services with no obligation to provide applicants with any reasons for so doing if the User violates terms specified in the paragraph Acceptable Usage
- (vi) we are required to do so by law in any jurisdiction
Suspension of Platform and Maintenance
We may suspend all or any part of this Website for the purpose of repair, maintenance or improvement. We shall provide you with reasonable advance notice of suspensions wherever possible and 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 defect is rectified to our reasonable satisfaction. The Trademate Sports Service and its Algorithm relies on information provided by third parties including, but not limited to odds and results, and we cannot guarantee the accuracy of such data and subsequently the outputs of our Algorithm. If the delivery of data from the third party is suspended due to maintenance and any other issue at this third party it will cause cause the suspension of the data and information provided by the Trademate Sports service. As a User you acknowledge that issues caused by the lack of or inaccuracy of the data provided by the third party is beyond Trademate Sports responsibility and that we can not be held accountable for such issues. If any form of suspension or maintenance of the platform occurs you acknowledge that you are not entitled to a discount or refund.
Disclaimer
THE SERVICES, INCLUDING THE Website, SOFTWARE AND ALL INFORMATION, MATERIALS AND CONTENT PROVIDED IN CONNECTION THEREWITH ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, FITNESS FOR ANY User'S BETTING OR GAMBLING OBJECTIVES, FINANCIAL SITUATION, OR MEANS. FREE OF COMPUTER VIRUSES AND/OR FREE FROM ERRORS. FURTHERMORE, THE SITE, THE SOFTWARE, THE ALGORITHM AND THE CONTENT PROVIDED IN CONNECTION THEREWITH MAY CONTAIN, BE BASED ON OR OTHERWISE REFER TO ERRORS, INACCURACIES, AND MISCALCULATIONS, PARTIAL OR INCOMPLETE INFORMATION, OUTDATED DATA, MISTAKES OR FAULTS. IN NO EVENT SHALL TM SPORTS TECHNOLOGIES BE RESPONSIBLE FOR THE PERFORMANCE OF THE SITE, THE SOFTWARE OR THE SERVICES, INCLUDING BUT NOT LIMITED TO, ANY FAILURE, DISRUPTION, DOWNTIME, AND INTERRUPTION OF SERVICES, DELAY, INACCURACY OR OTHER NONPERFORMANCE IN CONNECTION WITH THE SERVICES.
You understand that (i) no content published in connection with the Trademate Sports Service, including without limitation, the Software, constitutes a recommendation or opinion with respect to any particular bet, betting, gambling, sports trading, transaction or betting strategy or its suitability for any specific person; (ii) Trademate Sports makes no, and, to the fullest extent permitted under law, hereby disclaims all, representations or warranties of any kind, express or implied, as to the availability, operation and use of the site or the information, content, materials or services on or accessed via the site, including but not limited to warranties of merchantability, fitness for a particular purpose, title, non-infringement. Neither the site, nor any information, content, materials, algorithm or services available via the site, constitutes or is intended to constitute, or should be construed as, a solicitation or any offer to place bets, trades, gamble , betting advice, gambling advice, sports trading advice, investment advice or a recommendation or promotion of any transaction, or other financial product; (iii) we are solely providing information based on the Algorithm which is a subjective algorithm chosen by us, in our sole discretion; (iv) our Algorithm depends on information which may be inaccurate, wrong, outdated, partial or incomplete, in which case if the correct information was plugged into our Algorithm, the results would be different; (v) our Algorithm and the Trademate Sports Service may be subject to errors and interruptions, and may show results that are inaccurate; (vi) the Trademate Sports Service and its Algorithm relies on information provided by third parties including, but not limited to odds and results, and we cannot guarantee the accuracy of such data and subsequently the outputs of our Algorithm (vii) the results and and information provided by the Trademate Sports Service and/or on the Website may be wrong, inaccurate, outdated, partial or incomplete or do not fit for a particular purpose and do not taking into account any User's financial objectives, financial situation, or means. (viii) Trademate Sports has no affiliation with any bookmaker shown inside the software, nor can we guarantee that they are trustworthy. It is up to each individual User to do their own research on whether the bookmaker can be trusted. Trademate Sports can not be held responsible for any losses for the User inflicted by the bookmaker for any reason including, but not limited to the bookmaker becoming insolvent, bankrupt or for any other reason withholding the User’s money.
For the avoidance of doubt TM Sports Technologies, its officers, directors, employees, affiliates and any other third party that TM Sports Technologies engages with, hold no responsibility whatsoever regarding the information and/or its accuracy provided through the Trademate Sports Service. TM Sports Technologies cannot be held responsible for any losses or consequential losses arising from the use of this Website. The Member must be aware that there are risks involved with every sports betting and sports trading transaction, and Trademate Sports does not guarantee winnings from the presented information such as odds, edges, arbitrages and any other data presented by the Trademate Sports Service. The information presented by the Trademate Sports Service is for information purposes only and should under no circumstances whatsoever be considered as betting advice. TM Sports Technologies can not be held responsible in any way for the accuracy or inaccuracy of the information presented on the Trademate Sports Service, nor is it guaranteed that the data displayed is correct. By using the Trademate Sports Service and accepting the Terms and Conditions the User agrees to take the full responsibility of all losses or consequential losses that follow based on the data and information provided by the Trademate Sports Service.
THE SERVICES ARE OFFERED SOLELY FOR YOUR INFORMATION AND NOT FOR ANY COMMERCIAL USE. YOU SHOULD NOT RELY UPON ANY INFORMATION OR CONTENT INCLUDED IN ANY SERVICES FOR PURPOSES OF ANY BETTING OR GAMBLING ACTIVITIES. WE DO NOT PROVIDE AN GAMBLING OR INVESTMENT ADVISORY SERVICE OR ANY ADVICE OR RECOMMENDATION WITH RESPECT TO BETTING OR GAMBLING. WE HAVE NOT OBTAINED ANY LICENSE FROM ANY REGULATORY AUTHORITY WITH RESPECT TO THESE MATTERS.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE, AND ANY PUBLICATIONS, PRESENTATIONS, ODDS INFORMATION, EDGE CALCULATIONS, STAKE SIZES, CALCULATIONS, RESULTS OR OTHER INFORMATION, CONTENT, SERVICES AND MATERIALS CONTAINED IN, ACCESSED VIA, OR DESCRIBED ON THE Website, IS AT YOUR OWN RISK.
You are solely responsible for any actions or decisions you take based on materials and information available through our Website and Trademate Sports Services, and should carry out your own research and investigation as appropriate.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, WE ARE NOT RESPONSIBLE NOR SHALL WE BE LIABLE FOR ANY DAMAGES, LOSS, COSTS OR CONSEQUENCES OF ANY NATURE WHATSOEVER THAT ARE ALLEGED TO OR HAVE OCCURRED THROUGH A Member'S USE, OR MISUSE, OF THE TRADEMATE SPORTS SERVICES.
WITHOUT DEROGATING FROM THE GENERALITY OF THE PROVISIONS ABOVE:
WE WILL NOT BE LIABLE FOR ANY LOSS THAT MemberS MAY INCUR AS A RESULT OF THE MISUSE OF PASSWORDS, Member NAMES, DIGITAL CERTIFICATES OR OTHER IDENTIFICATION MEANS ACCEPTED BY THE COMPANY FROM TIME TO TIME AND WE ACCEPT NO LIABILITY RESULTING FROM ANY UNAUTHORISED USE, WHETHER FRAUDULENT OR OTHERWISE.
THE TRADEMATE SPORTS SERVICES ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DIRECT OR INDIRECT PROFITS, ECONOMIC LOSS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL, EXEMPLARY OR SPECIAL LOSSES AND/OR DAMAGES HOWEVER CAUSED, INCLUDING BUT NOT LIMITED TO ANY LOSS OF CONTRACTS, LOSS OF GOODWILL AND LOSS OF REPUTATION ARISING OUT OF THE USE OF OR INABILITY TO USE THE TRADEMATE SPORTS SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
UNDER NO CIRCUMSTANCES SHALL TM SPORTS TECHNOLOGIES OR ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES OR RELATED COMPANIES OR ANY THIRD PARTY WORKING WITH THE COMPANY BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS OR LOST DATA (EVEN IF TRADEMATE SPORTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE SERVICES, INCLUDING WITHOUT LIMITATION, THE Website, SOFTWARE, THE ALGORITHM, OR THESE TERMS AND CONDITIONS. YOUR SOLE REMEDY FOR DISSATISFACTION WITH OUR SITE OR SERVICES INCLUDING, WITHOUT LIMITATION, THE SOFTWARE, THE ALGORITHM, AND CONTENT IS TO STOP USING OUR SITE AND SERVICES. THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF SERVICES OR PRODUCTS, INFORMATION, ADVICE, INFORMATION OR ADVERTISING RECEIVED THROUGH OR IN CONNECTION WITH OUR SITE OR SERVICES OR ANY LINKS PROVIDED VIA ANY OF THE FOREGOING. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
If, through use of the Trademate Sports Services, a Member causes us to publish, whether on the Website, via email or otherwise, potentially defamatory, illegal, obscene or offensive material, that Member agrees that he/she shall be solely liable for the publication of such material and that he/she will indemnify TM Sports Technologies for all costs, penalties, liabilities and charges incurred by it in relation to such publication.
Intellectual Property
The information contained on the Website is copyrighted and protected by worldwide copyright laws and treaty provisions. It may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way, without our prior written permission. Except as expressly provided herein, TM Sports Technologies does not grant any express or implied rights to Members or any other person over any intellectual property rights, names and details of Members or other trade secret information. TM Sports Technologies is the owner or authorised User or licensee of all the intellectual property rights in the Website including, without limitation, any copyright, patent, registered design, trade marks, service marks, source codes, specifications, templates, graphics, logo(s) or any right subsisting in Norway or elsewhere in respect of formats, interfaces, programming, the offering of services to other customers, software or any application for any of the foregoing and any modification, improvements, developments and enhancements thereof.
Except as expressly provided herein, Members or any other persons are not permitted to interfere with, infringe or violate any intellectual property rights of TM Sports Technologies or its licensors and agree not to interrupt or attempt to interrupt the operation of the Website.
Any Member that posts data, information, material or content on the Website shall and hereby grant(s) TM Sports Technologies a worldwide, royalty-free, sub-licensable, perpetual, irrevocable license to use, copy, reproduce, link, modify, adapt, frame, brand, distribute and publish such data, information or material on any media now known or later developed.
No links to the Website are permitted without our prior written permission.
Force Majeure
We shall not be liable, and shall not otherwise be deemed to be in breach of this Agreement, for any failure to perform, or delay in performing, any of our obligations hereunder caused by circumstances beyond our reasonable control, including but not limited to government or regulatory restrictions, acts of God, power cuts, trade or labour disputes, act failure or omission of any government or authority, the failure of electronic or mechanical equipment or communication lines, telephone or other interconnection problems (e.g. if a Member of TM Sports Technologies is unable to access his/her online service provider), unauthorised access, theft, operator errors, severe weather, earthquakes, floods and strikes or other labour problems. In such an event, we may (in our sole and absolute discretion) cancel or suspend the Trademate Sports Services without incurring any liability
We will not be liable for the failure of any equipment or software, wherever located or administered, whether under our direct control or not, that may prevent the operation of the Trademate Sports Services, impede the placing of bets, or prevent Members from being able to contact us.
We will not be liable for any failure to perform by a third party from this Agreement. In particular, we may in our sole and absolute discretion declare null and void any contracts that Trademate Sports may not be able to settle because of non-performance by a third party.
Legality and Gambling
It is the User’s responsibility to comply with the laws and regulations in their jurisdiction with regards to gambling and sports betting. TM Sports Technologies make no representation that the use of Trademate Sports Services is appropriate or available for use in any particular jurisdiction.
Payment
When subscribing to our service, it is required and agreed that you provide us with your legal name, billing address, email address and any payment method and payment authorization details needed to pay the monthly Membership fee, accepted by the site. There is a no refund policy on fees paid for the Trademate Sports Service.
The existing subscription will automatically convert to a rolling monthly contract once the subscription has expired. This is non-refundable and it is the Member’s responsibility to terminate the subscription when the Member no longer wants to pay for our services. The Member’s periodic Membership payment will be charged on a monthly basis on the date the User originally subscribed to the Trademate Sports Service. In the event that the payment date falls on a date not contained in the payment month at question, it will be charged on the first of that month.
Modification of this Agreement
TM Sports Technologies may amend this Agreement at any time by posting the amended terms on the Website. All amended terms shall automatically be effective immediately after they are posted on the Website. It is a Member's responsibility to check the Agreement from time to time to ensure that he/she agrees with the terms. The continued use of the Website and the Trademate Sports Services by a Member following such modifications to this Agreement shall constitute acceptance of the new Agreement and Members will be bound by such modifications. If a Member does not accept any such changes, then his/her sole remedy is to cease using the Trademate Sports Services and withdraw any outstanding Member Account balance. You should print a copy of this Agreement as amended from time to time and retain it for your records.
- Any changes to the Terms and Conditions will be shown inside the Trademate Sports Service and the User will have to accept the updated Terms and Conditions in order to continue to use our service
- TM Sports Technologies reserves in its sole discretion the right to change the format of the Website and other Trademate Sports Services
Consequences of Improper Behaviour and Termination
In the event that any User has breached these Terms and Conditions, or have been involved in any conduct deemed unacceptable by Tradematesports.com, we reserve the right to terminate the use and access to Tradematesports.com without prior notice.
Applicable Law
THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF NORWAY, EXCLUDING ITS CONFLICTS OF LAW RULES. YOU HEREBY SPECIFICALLY AGREE AND CONSENT TO ANY LEGAL PROCEEDINGS BROUGHT BY YOU AGAINST US BEING LITIGATED IN THE COURTS OF OSLO.
General
The English language version of these Terms and Conditions will prevail over any other language version which we may issue from time to time.
If any provision of this Agreement is held to be invalid, void or unenforceable by reason of any law, rule, administrative order or judicial decision, that determination shall not affect the validity of the remaining provisions of this Agreement.
The headings in this Agreement are for convenience of reference only and do not affect the construction or interpretation of any provision.
Notices and other communications delivered or mailed to the postal address or to the electronic-mail address provided by the User shall, until TM Sports Technologies has received notice in writing of any different address, be deemed to have been personally delivered once sent, whether actually received or not.
Each User hereby agrees that this Agreement shall be binding upon his/her heirs, executors, administrators, personal representatives and assigns. This Agreement shall inure to the benefit of TM Sports Technologies and its successors, assigns and agents. We may assign our rights and duties under this Agreement to any of our subsidiaries or affiliates without giving notice, or to any other entity upon prior written notice.
The relationship of Trademate Sports and the Member established by this Agreement is that of independent contractors, and nothing contained in this Agreement shall be construed to: (i) give either party the power to direct and control the day-to-day activities of the other; (ii) deem the parties to be acting as partners, joint venturers, co-owners or otherwise as participants in a joint undertaking; or (iii) other than as stated in this Agreement, permit either party or any of either party's officers, directors, employees, agents or representatives to create or assume any obligation on behalf of the other party for any purpose whatsoever.
