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General Terms of Use

Terms of Use

These Terms of Use (hereafter referred to as the ‘ToU’) constitute and govern the relationship between ‘Provider’ (defined below) and all parties who access the Website (defined hereunder) and make use of its features and contents in any manner (hereafter referred to as ‘Visitors’).

Collectively the Provider and the Visitors shall be referred to as the ‘Parties’.

General

The use of any or all of the features and services offered by the Provider on Enetscores.com website (hereafter referred to as the ‘Website’) and the information, materials and links contained therein, is subject to the ToU as set out below. Unless otherwise agreed by the Provider in writing, the ToU constitute the entire relationship between the Provider and the Visitor in its use of the Website including any or all of its functions on offer by the Website.

The Visitor has the duty to read carefully and understand the ToU before using the Website. A Visitor who has viewed the Website is considered to have read, understood and agreed to be bound by the ToU, without the need for any further act.

The Provider hereby reserves the right to suspend, add, amend, and/or supplement these ToU from time to time as it may deem appropriate.

The Provider recommends that the Visitor reads carefully the contents of these pages regularly. By using the Website the Visitor agrees to be bound by the ToU, as well as by the latest modifications to them, regardless of whether in fact the Visitor is aware of such modifications.

The Provider is under no obligation to verify that all Visitors use the Website according to the last updated ToU. The effective version of the ToU is that which is posted on the Website.

The Website may only be used for lawful purposes. Use of the Website for transmission, distribution, publication or storage of any material on or via the Website which is in violation of any applicable law or regulation or any third party's rights is strictly prohibited. This includes (without limitation) the use of the Website or the transmission, distribution, publication or storage of any material on or via the Website in a matter or for a purpose which infringes copyright, trademark, trade secret or other intellectual property rights, is obscene or harmful to minors or constitutes an illegal act or harassment, is libellous or defamatory, violates any privacy or data protection laws, is fraudulent or breaches any exchange control or gambling law.

In the event of misuse and/or the abuse of the Website, the Provider reserves the right to close or block the Visitor from the Website and close any account registered in the Visitor’s name. The Provider retains the right to bring a lawsuit against the Visitor and at its sole discretion.

Services

The Website provide an interactive web containing live sports information in sporting events, sports scores in real time, final results, fixtures, line ups and sports statistics. The results, and other statistics information contained on the Website reflect information provided by other independent sources (from third parties) or by in-house effort or by various other official websites. While every effort is made by the Provider to update the content and match results or other information displayed on the Website regularly, we advice to double check information gathered on Website also from other sources. The Provider is not responsible for the Visitor’s use of the results and other information contained on the Website.

Third party websites

The Visitor acknowledges that any contact whatsoever made with third parties after viewing the Website, whether intended or unintended, and any outcome which ensues, is absolutely independent of the Provider and the Provider is not in any way responsible for any agreement or expectation and other consequence which ensues as a direct or indirect cause of this contact.

Any claim or dispute which may arise between the Visitor and such a third party shall in no way involve the Provider.

Third parties, including any third parties advertising on the Website do not have access to the Visitors’ Personal Data and any other data that the Visitor may have given to the Provider.

A/V Content

The Provider is not responsible for the content of external websites which may be viewed from the Website. All video content found on the Website is not hosted on the Provider’s servers nor is it created or uploaded to the host server by the Provider.

Inactive Accounts

If a Visitor has set up an account on the Website but fails to access it for 60 days, the Provider reserves the right to close the account with immediate effect and without prior notice.

Intellectual Property

Without prior authorisation in writing from the Provider, Visitors are not authorised to copy, modify, tamper with, distribute, transmit, display, reproduce, transfer, upload, download or otherwise use or alter any of the content of the Website.

Any breach of the aforementioned clause may be tantamount to a violation of applicable intellectual property rights within the European Union and other applicable laws. The Provider and any other party authorised on its behalf reserves the right to seek damages to the fullest extent permitted by law against any party committing directly or indirectly this breach.

Banners

The Visitor is not in any way, shape or form permitted to modify, remove or tamper with the banners on the Website. The only exception to this is if the Visitor has written consent provided by the Provider.

Odds Deeplinks

It it strictly prohibited to change the deep linking from odds displayed on the website in any way. The only exception to this is if the Visitor has written consent provided by the Provider.

Type of Relationship

These ToU are not intended to create any partnership, agency or joint venture between the Provider and the Visitor.

Breach of Agreement

If the Visitor fails to adhere to any clause in the ToU or if the Provider reasonably suspect that a Visitor whether directly or indirectly fails to comply with any clause in the ToU, the Provider reserves the right, and all remedies at its disposition, and at its sole discretion, to close or block the Visitor from the Website and close any account registered in the Visitor’s name and related to it and retains the right to bring a lawsuit against the Visitor and at its sole discretion.

Legal Compliance

Visitors are advised to comply with applicable legislation in the jurisdiction in which they are domiciled and/or resident and/or present. The Provider does not accept responsibility for any action taken by any authority against any Visitor in connection with their use of the Website.

Law & Forum and/or community

This Agreement shall be governed by and construed in accordance with the laws of the country of Malta without giving effect to conflicts of law principles. The Parties submit to the exclusive jurisdiction of the court of the country of Malta for the settlement of any disputes arising out of concerning this Agreement. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

Headings

Headings are intended for clarity and to facilitate reading of these ToU. They are not intended as a means of interpretation for the content of the paragraph that follows each heading. Headings are not intended to bind the Provider in any manner whatsoever.

Waiver

Any waiver by the Provider of any breach by any Visitor of any provision of these ToU shall not be considered as a waiver of any subsequent breach of the same or any other provision of these ToU.

Disclaimer

Warranties and Representations

It is hereby being specified that the Provider makes no representation, pledge or warranty (either explicit or implicit) that the content of the Website is accurate and/or suitable for any particular purpose other than those warranties which cannot be expressly excluded under the governing law of these ToU.

Use of the Website is entirely at the Visitor’s risk. The Website is not a gaming or gambling website. The Provider of the Website does not provide gaming or gambling services, therefore it does not hold or control player funds and it is not involved in any gaming transactions. Betting odds which are displayed on the Website are part of information and functions of the Website.

The Provider does not guarantee that any of the functions provided by the Website are authorised, and that the operation will fully satisfy the Visitor, that it is entirely secure and exempt from error, that it is updated regularly, that any software defect is regularly corrected, that it is uninterrupted, that the Website are virus or bug free, or that they are continually operational, that they are adequate, that the information and functions available thereon is reliable, or that all other information obtained and functions used on the Website are adequate and reliable. Those who choose to access the Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

The Website may contain links and references to third party websites/adverts/content. These are provided for the convenience and interest of the Visitor and does not imply responsibility for, nor approval of, information contained in these websites adverts/content by the Provider. The Provider gives no warranty, either expressed or implied, as to the accuracy, availability of content or information, text or graphics which are not under its domain. The Provider has not tested any software located on other websites and does not make any representation as to the quality, safety, reliability or suitability of such software.

Loss or Damage

The Provider is not responsible for any loss or damage, direct or indirect, that the Visitor or a third party might have suffered as a result of using the Website, including but not limited to damages caused by a commercial loss, a loss of benefits, a loss on anticipated earnings, winnings or other profit, interruption of business, loss of commercial information, or any other pecuniary and or consecutive loss.

The Provider is not responsible for winnings made or losses suffered on third party websites which result from the use of information displayed on the Website.

Without limitation to the generality of the preceding two clauses, no responsibility is being acknowledged or accepted hereunder for, inter alia, the following matters:

• mistake(s), misprint(s), misinterpretation(s), mishearing(s), misreading(s), mistranslation(spelling mistake(s), fault(s) in reading, transaction error(s), technical hazard(s), registration error(s), manifest error(s), Force(s) Majeure and/or any other similar mistake(s)/error(s);
• violation of the Provider’s rules;
• criminal actions;
• advice, in whichever form, provided by the Provider;
• legal actions and/or other remedies;
• loss or damage that Visitors or third parties might have suffered as a result of their use of the Website, its content or that of any link suggested by the Provider;
• loss or damage that Visitors or third parties might have suffered as a result of any modification, suspension or interruption of the Website;
• criminal use of the Website or of its content by any person, of a defect, or omission or of any other factor beyond our control;
• any use made of the Website due to a third party accessing the private areas requiring login and password by using a Visitor’s Username and Password;
• in case of discrepancies in the services, functions and any other feature offered by the Website due to viruses or bugs as it relates to all parameters that make up the Website, any damage, costs, expenses, losses, or claims brought about by said discrepancies;
• any act or omission by an internet provider or of any other third party with whom Visitors may have contracted in order to have access to the Website. In case of litigation between the internet provider and Visitors, the Provider cannot be a party to the suit, and such suit shall in no way affect these ToU;

and any claim arising as a result of damages incurred by a Visitor due to the content of any material posted by another Visitor or other third party not authorised by the Provider on the Website.

Privacy Policy

Enetscores.com website (hereafter referred to as the ‘Website’) respects the privacy of all parties viewing and otherwise making use of the Website, hereafter referred to as the ‘Visitors’, and is committed to protecting their privacy.

From time to time, and only with their prior consent, the Website collects and uses ‘Personal Data’ (defined hereunder) relating to its Visitors in order to provide them with the services provided by the Website and only for any purpose which has been expressly stated hereunder.

This Privacy Policy complies with international Conventions, and EU Directives, as transposed into Maltese law in Data Protection Act (Chapter 440 of the laws of Malta), the Processing of Personal Data (Electronic Communications Sector) Regulations (Legal Notice 16 of 2003 inclusive of the later amendments), it adopts Recommendation 2/2001 of the Article 29 Data Protection Working Party, adopted on 17 May 2001, on certain minimum requirements for collecting personal data online and implements also any other applicable rules and practices.

Collection of Personal Data

The Website does not collect any Personal Data when Visitors simply browse the Website. However, the Website does require that Visitors supply some Personal Data when using additional or advanced services provided on the Website after the registration. On these occasions the Website will ask Visitors for their respective consent prior to the collection and use of the Visitor’s Personal Data. Upon registration or at other times the Website may ask Visitors to submit their login e-mail address and password.

Visitors are under no obligation to provide their Personal Data or to permit their Personal Data to be collected by the Website. However, the Website may not be able to provide the Visitors not consenting to the collection their Personal Data with all services offered by the Website.

Although Visitors may have consented to the Website our using their respective Personal Data, they are entitled to subsequently revoke their respective consent by providing the Website with compelling legitimate reasons.

The Right of Access

Visitors are entitled to request that the Controller (defined hereunder) provides them with written information on which of their respective Personal Data it has collected and/or used. A request can be made by submitting a request in writing to the Controller (defined hereunder). The Website undertakes to make all reasonable efforts to keep the Personal Data collected updated. However Visitors are invited to inform the Website of any changes to their Personal Data which is held by the Website.

Visitors who consider that any of their respective Personal Data is inaccurate, may request the Controller in writing to correct the data. Visitors also have the right to request the Controller to block or delete their respective Personal Data if it has been processed unlawfully.

Purposes for the collection and use of Personal Data

The Personal Data collected by the Website shall be processed in accordance with the provisions of the Data Protection Act (Chapter 440 of the Laws of Malta) and subsidiary legislation enacted there under and solely processed for the purposes of:

• Communicating with the Visitors;
• Sending Visitors forgotten password to their respective personal account;
• Sending Visitors information which the Provider thinks they will find useful, including information on products, services information and commercial / advertising materials on offer by the Website / advertising materials on offer by third parties the Website cooperate with;
• Providing any advanced services which are possibility to configure website to some extent;
• Improving the content offered by the Website;
• Providing Visitors with personalised Website content and/or layout;
• Disclosure of Personal Data to third parties;

The Provider does not sell, trade or rent or otherwise disclose Personal Data appertaining to Visitors to any third party without their prior respective consent. However Personal Data would be disclosed to third parties in the eventuality of a sale of the Website.

The above is without prejudice to any legal obligation incumbent on the Website to disclose Visitors’ Personal Data to third parties.

The above is also without prejudice to disclosures which are absolutely necessary as part of one or more of the Purposes for collecting and using Personal Data. In this case the Website shall seek the prior express consent of the Visitors concerned.

The Provider reserves the right to provide statistics about Visitors, sales, traffic, and other statistical information relating to the Website to third parties, however, without identifying any particular Visitor.

Log Files

In order to better administer the Website and to collect broad demographic information of Visitors for aggregate use, the Website automatically logs the IP address of all Visitors and the pages viewed by each Visitor respectively.

Cookie Disclaimer

A "cookie" is information stored on a Visitor’s computer by a web server and used to customise their web service. The Website uses cookies to store information about Visitors’ interactions that may be needed later to perform a function. Visitors can choose not to accept cookies. Once done, kindly do not further use any of the services provided by the Website.

We use cookies to personalise content and ads, to provide social media features and to analyse our traffic. We also share information about your use of our site with our social media, advertising and analytics partners.

Security

The Website and the Controller have adopted various measures, both technical and organisational, to help protect against the destruction, loss, misuse and alteration of Personal Data which has been collected and used. Notwithstanding these efforts, the Provider cannot guarantee that such event will not occur.

The period for which Personal Data is kept

The Personal Data is kept only for the time period required to meet the purposes for which it was collected. In case of user account inactivity for 3 years all collected user Personal Data will be deleted.

Third party websites

Third party websites are not covered by this Privacy Policy. The Website provides links to other sites for the convenience of Visitors. The Website is not responsible for the contents displayed on third party websites and measures they adopt to protect your privacy. Any other website which Visitors access from the Website may not have an adequate Privacy Policy.

Acceptance of the Privacy Policy

The Visitors’ consent to the collection and use of their respective Personal Data by the Website and the Controller is made subject to the Privacy Policy set out above. Visitors are advised to view the Privacy Policy on a regular basis in order to become familiar with the terms and clauses therein and with any amendments which from time to time may be implemented by the Website.

Free Livescore Content

Enetscore.com provides website owners with possibility to enhance their content with hosted livescore solution. Use of this service for 3rd parties is limited according to Free livescore solution Terms and Conditions.

Provider

Enetpulse Ltd a company duly registered under the laws of Malta on the 2nd April 2015 with registration number C 69861, and having its registered address at 154, 2nd Floor, The Strand, Gzira, GZR 1025, Malta.

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Terms and Conditions

Of Enetpulse Ltd, registered office in Gzira, Malta - 154, 2nd Floor, The Strand, GZR 1025, Company Reg. No.: C 69861.

These Terms and Conditions limit usage of the on-line live score service Enetscores.com for 3rd parties.

Introductory provisions

1. These terms and conditions of trade (hereinafter referred to as "Terms and Conditions") of Enetpulse Ltd (hereinafter referred to as the "Provider"), regulate the mutual rights and obligations of the contractual parties arising from contracts on the use of the on-line live score service Enetscores.com concluded between the Provider and natural and legal persons as clients (hereinafter referred to as the "Client" and the "Contract" or "Contract on the provision of the service"). The Contract on the provision of the service regulates the provision of the on-line live score service Enetscores.com on a website operated by the Client, under the conditions laid down below (hereinafter referred to as the "Service").
2. The provisions of the Terms and Conditions are an inseparable part of the Contract on the provision of the service.
3. The content of the Terms and Conditions can be amended by the Provider at any time. Rights and obligations of the contractual parties, ensuing from the version of the Terms and Conditions that was previously in effect, are not hereby affected.

Conclusion of the contract on the provision of the service

1. The internet interface of the Provider operating from the www.enetscores.com website (hereinafter referred to as the "Internet interface") contains the Provider’s offer of tender to conclude a Contract on the provision of the service. The offer to conclude a Contract on the provision of the service is valid for as long as it is displayed in the Internet interface.
2. To accept the offer of the Provider to conclude a Contract on the provision of the service, the Client needs to fill in a registration form in the Internet interface, and provide his e-mail address (hereinafter referred to as the "E-mail address"). To send the acceptance to the Provider, the Client needs to tick the check-box by clicking on the "I agree to the Terms and Conditions" button. The information provided by the Client in the acceptance shall deemed to be correct by the Provider.
3. The contractual relationship between the Provider and the Client enters into force at the moment of the delivery of the acceptance to the Provider.

The service and the displayed content

1. The Service enables the Client to display the on-line live score service Enetscores.com of the Provider (hereinafter referred to as the "Live score service") on the website operated by the Client free of charge. Advertising promoting the services of the Provider or third parties (hereinafter referred to as the "Advertising") shall be displayed on the Client’s website simultaneously with the Live score service. The Live score service and the Advertising shall be hereinafter referred to as the "Provided content".
2. After the conclusion of the Contract on the provision of the service, the Internet interface shall allow the Client to generate an html code, which shall enable the Client to display the Provided content on the website of the Client. Continuous on-line communication between the website of the Client and the server of the Provider is necessary in order to display up to date Provided content on the website of the Client.
3. When generating an html code according to Art. 3.2, the Client can set up basic user functions of the displayed Provided content (the design, time zone, language version and data customisation).
4. The Provider pays due care and attention to the provision of information via the Live score service. However, whether this information is correct, up to date or complete, is dependent on circumstances directly or indirectly beyond the Provider’s control. It is also due to this that the information provided via the Live score service may not be correct, up to date or complete. The Client hereby acknowledges this fact.
5. The Client hereby acknowledges that the Provided content contains Advertising. The Client hereby acknowledges that Advertising might lead to the promotion of lotteries and other similar activities including betting. The promotion of these activities might not be in accordance with the law of certain jurisdictions. The Client hereby agrees to the displaying of Advertising leading to the promotion of lotteries and other similar activities including betting on his website. The Client hereby undertakes to ensure that the displaying of such Advertising is in accordance with the law in all jurisdictions where his website is operated or accessible. The liability for the displaying of Advertising leading to the promotion of lotteries and other similar activities including betting on the website of the Client shall be borne by the Client.
6. The Client is not entitled to evade, remove or hamper the mechanism for the protection of the rights of the Provider. The Client is not entitled to remove Advertising from the displayed content or otherwise tamper with the html code generated by the Provider. This shall not affect Art. 3.3.
7. The Client hereby acknowledges that in order to make proper use of the service, it might be necessary to use the software of third parties. The Client hereby acknowledges that the use of this software is regulated by special agreements with the owners of the rights to this software.
8. The Provider is entitled to use third persons to fulfil his obligations arising from the Contract on the Provision of the Service.
9. The Service shall not need to be provided continuously. In particular, the Provider shall not be obliged to provide the Service should he be prevented from doing so by problems on the part of the Client or third parties. Furthermore the Provider shall not be obliged to provide the Service should there be a breakdown in the provision of electricity, a breakdown of the data network, other disruptions caused by third persons or force majeure.

Other rights and obligations of the contractual parties

1. The Client is obliged to place on his website a hypertext link or a different form of advertising promoting the Internet interface or a different website of the Provider, under the conditions and to the extent specified by the Provider at the time of the conclusion of the Contract on the provision of the service. The content of such a link or other form of advertising can be changed by the Provider whilst the Contract on the provision of the service is in effect.
2. The Provider is entitled to use the trade name or another name of the Client for marketing purposes in the form of a reference in all types of promotion materials (regardless of the form of these promotional materials or the form in which they are communicated).
3. The Client hereby acknowledges that the Provider shall bear any liability for any defects of the Service caused by an interference with his website by third parties.
4. Should the Client incur damage in connection with the Provider being held liable pursuant to the Contract on the provision of the service, the contractual parties have agreed, with regard to the conditions hereof (the Service is provided free of charge), that the total compensation for any damage suffered by the Client shall be limited to EUR 10 (ten euro) including lost profit. The contractual parties hereby declare, with regard to all circumstances of the conclusion of the Contract on the provision of the service, that the aggregate foreseeable damage that the Client could suffer as a result of the Provider being held liable on the basis hereof shall be limited to EUR 10 (ten euro).

Protection of personal details and consent with sending of promotional materials

1. A Client, who is a natural person, is hereby giving his consent to the processing of the following personal details: name, surname and e-mail address (hereinafter referred to as "Personal details").
2. The Client is hereby giving his consent to the processing of his Personal details by the Provider for the purpose of fulfilling his obligations arising from the Contract on the provision of the service and for the purpose of sending information and promotional materials by the Provider.
3. The Provider shall not disclose Personal details to third parties without a prior consent of the Client.
4. The Client acknowledges that he is obliged to supply his Personal details in a correct and truthful manner, and that is obliged to notify the Provider of any changes in his Personal details without undue delay. Personal details will be held for an indefinite period of time, either in an electronic form in an automated manner or in a printed form in a non-automated manner. The Client confirms that the provided details are accurate. He further confirms that he has been informed that the provision of Personal details is voluntary and consent with the processing of Personal details can be withdrawn from the Provider by serving him with a written notification at his address. Should the Client feel that the Provider or the processor is processing his Personal details in a manner inconsistent with the protection of his private and personal life or in breach of the law, in particular if his personal details are inaccurate in relation to the purpose of processing, he can:
5. 1. request that the Provider of processor provide an explanation, or
   2. request that the Provider of processor rectify the situation.
6. If the Client requests information on the processing of his Personal details from the Provider, the Provider is obliged to supply the Client with such information.
7. The Client hereby agrees that the Provider may send information related to the Provider’s company or services to the Client’s e-mail address. The Client further agrees that the Provider or third persons may send Advertising to his e-mail address.

The duration of the contract on the provision of the service

1. The Contract on the provision of the service enters into effect immediately after its conclusion.
2. The Contract on the provision of the service is concluded for an indefinite period of time. Either of the contractual parties can denounce the contract. The denouncement becomes effective as soon as it has been served on the other party.
3. The Contract on the provision of the service can also be terminated by unilateral expression of will of the Provider consisting of terminating the provision of the Service to the Client.

Serving – legal acts

1. Unless agreed otherwise, any and all correspondence relating to the Contract on the provision of the service must be served on the other party in writing, i.e. by e-mail. The Client is served by e-mail.
2. A message is delivered when it reaches the server of incoming post.

Dispute resolution

1. All disputes arising from the Contract on the provision of the service or in relation thereto shall be heard and decided by arbitration before an arbitrator in accordance with Part IV (Domestic Arbitration) of the Malta Arbitration Act, 1996 and the Short Form Arbitration Rules of the Malta Arbitration Centre as at present in force. The parties shall familiarize themselves with these rules before the conclusion of the Contract on the provision of the service. The parties hereby expressly agree to these rules, as effective at the moment of the commencement of the arbitration proceedings. The parties hereby agree that the matter shall be decided without a hearing, provided the matter can be decided solely on the basis of the submitted evidence. The place of arbitration shall be Malta. The arbitration proceedings and arbitration award shall be maintained by the parties as strictly confidential, except as is otherwise required by court order or as is necessary to confirm, vacate or enforce the award and for disclosure in confidence to the parties’ respective lawyers, tax advisors and senior management.

Final provisions

1. If the relationship based upon the Contract on the provision of the service contains an international (foreign) element, the contractual parties hereby agree that the relationship shall be governed by Maltese law, in particular the Commercial Code.
2. The Client is not entitled to transfer the rights and obligations from the Contract on the provision of the service to a third party without a prior written consent of the Provider.
3. Should a provision hereof be invalid or ineffective or should it become invalid or ineffective in the future, invalid provisions shall be superseded by provisions the meaning of which most resembles the meaning of the invalid provision. An invalid or ineffective provision shall have no effect on the validity of the rest of the provisions.

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