Terms and Conditions of business for Beat the Scout

It is very important that you read and understand our Terms of Use and Game Rules before playing on Beat the Scout. If you do not understand or agree with them, please do not play or otherwise use the Service.

KEY RISKS and Principles:

Deposited money: Any deposits you make to Beat the Scout game is for the purposes and enjoyment of playing the game. There are no financial winnings as part of this game. The only winnings a Member can earn is game currency, Coins ¢.

Currency: Beat the Scout is based on Coins, the currency symbol is ¢. Money deposited into a Member’s Beat the Account will be converted into Coins at the current Beat the Scout Exchange Rate and will appear in the Member’s Balance.

Exchange rate: There is no exchange rate change planned.

Our Commission rates: the Commission rates will always remain the same, see Commissions.

Account termination: If your Account is terminated other than for your Material Breach (or in certain self-exclusion scenarios) and you still have Shares or Coins in your Balance, we will Suspend your account for 30 days before closing the account permanently.

Once the account is closed you will have lost any Coins ¢ remaining in your Member Balance

Be contactable: We may need to contact you from time to time in accordance with these terms. You should ensure that you keep your contact details up to date and add contactus@beatthescout.com to your safe sender list.

SECTION A - BACKGROUND

1. Introduction

1.1. Welcome to "Beat the Scout", a betting platform provided to you by Beat the Scout Partnership ("Beat the Scout", "us", " we" or "our").

1.2. Beat the Scout Partnership's registered office is at Flat 2, 21 Kings Walk, Shoreham by Sea, BN43 5LG.

1.3. Please read these terms of use ("Terms of Use") carefully. They set out the basis on which you are allowed to use Beat the Scout, which can be accessed via our website at www.beatthescout.com (the "Website") and via our software application (the "App"), together the "Service".

1.4. These Terms of Use, together with:

1.4.1. the Game Rules;

1.4.2. any specific promotion, game or prize draw terms and conditions ("Promotion Rules"); and

1.4.3. our Privacy Policy and Cookie Policy,

form the entire agreement between you and Beat the Scout Partnership in respect of your use of the Service (collectively, the "Terms of Service").

1.5. If there is any conflict or inconsistency between:

1.5.1. these Terms of Use;

1.5.2. the Game Rules; and/or

1.5.3. any Promotion Rules,

they shall prevail in that order.

1.6. By opening, logging into or otherwise using any part of the Service, you confirm that you have read, understand and agree to be bound by the Terms of Service (including, for the avoidance of doubt, these Terms of Use, the Game Rules and any applicable Promotion Rules).

1.7. We recommend that you print a copy of the Terms of Service for your future reference.

1.8. If you do not agree with the Terms of Service you must not click the acceptance button and you should not use the Service.

2. Role of Beat the Scout Partnership

2.1. Beat the Scout Partnership is a UK limited company and is the counterparty to all Shares bought and Games joined by Members.

2.2. Beat the Scout Partnership is not a regulated financial services provider. When purchasing a Share, you do not own any share in the Player in terms of genuine equity shares, nor do you own any tokens issued by or on behalf of the Player, and nor do you have any ownership, proprietary or other rights over the actual Player. See clause 9 below for further information on buying Shares on Beat the Scout.

3. Definitions & Interpretation

3.1. When certain words and phrases are used in these Terms of Use, they have specific meanings (these are known as "defined terms"). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning set out below or that is given to it in the section of these Terms of Use where it was defined (you can find these meanings by looking at the sentence where the defined term is included in brackets and speech marks).

"Beat the Scout" & “Beat the Scout Partnership” is defined in clause 1 and 2.

"Beat the Scout Content" is defined in clause 14.1.

"Account" refers to a Beat the Scout account held by a Member.

“Account Balance” refers to the amount of Coins in the Member’s Account

“Active Member” refers to the status of the Member. The Member needs to login to the Game at least once every 6 months to maintain their Active Member status. If not, their Membership will have Expired.

"App" is defined in clause 1.3.

"Applicable Law" means all applicable laws, regulations, codes of practice, guidelines, decisions, orders and decrees imposed by law or any competent national or international governmental or quasi-governmental regulatory authority, including all advertising and gambling laws and regulations and data protection legislation.

“Balance” or “Member’s Balance” or “Member Beat the Scout Balance” or "Cash Balance": This shows the amount of Coins that the Member has left in their Beat the Scout Account.

“Buy Price” means the Share price offered per Share for the purchase of the Player’s Shares, as further explained in the Game Rules.

"Card" refers to all types of payment card, but excludes:

a) corporate payment cards in respect of all individual users and Members; and

b) credit cards in respect of users and Members based in UK.

"Charges" is defined in clause 25.

“Coins”, ¢, “Coin” & “Beat the Scout Coins” refers to the currency being used in the Beat the Scout. It is a fictional and game currency for the purposes of playing the Beat the Scout game only. It cannot be withdrawn or used in any other game. The deposit of funds is automatically converted into the Coins.

"Commission" means the administration fee charged by Beat the Scout on qualifying transactions as set out in the Game Rules, or otherwise charged in accordance with these Terms of Use, and as varied by us in accordance with clause 4.

"Content" means all information, data, images, photographs, videos, text and other content displayed on the Website, the App and/or the Service (including the Third Party Content).

"Cookie Policy" means the Beat the Scout cookie policy, as may be updated from time to time, the current version of which is available at https://www.beatthescout.com/cookie-policy.

“Eligible Competition” refers to the English Premiership league.

“Exchange Rate” or “Beat the Scout Exchange Rate” refers to the rate to convert the game Coins into the Member’s chosen Origin Currency. Currently there is only one currency being used in Beat the Scout, Sterling and so there is no exchange rate fluctuation, 1 Coin (¢1) = 1 pound sterling (GB£1).

“Expired”, “Expired Membership”, “Expired Member” or "Inactive Account" refers to a person’s Membership status. If their Membership has expired it means they have at some point not played the Game for a 6 month period.

"Force Majeure" refers to any occurrence or condition beyond our reasonable control which leads to a delay or default in the performance of our contractual obligation(s), including acts of God, government restrictions (including the denial, suspension or revocation of any necessary licence where such denial, suspension or revocation is beyond our reasonable control), wars, outbreak of hostilities, riots, civil disturbances, insurrections, acts of terrorism, fire, explosions, floods, epidemics, pandemics, theft, malicious damage, computer hacks, strikes, lockouts, delay and failure of supplies and sub-contractors, power outages, internet outages and/or any other cause beyond our reasonable control.

"Game Rules" are the rules that govern the operation of the Service, which can be found at https://www.BeattheScout.com/game-rules.

“Game Winnings” refers to the Coin prizes given out by Beat the Scout for the winners of any of the Beat the Scout Games.

“Games” refers to competitions between Members on the Beat the Scout app only.

“Inactive Member” or “Inactive Account” refers to a period of time between the current date and the last Member login date.

"Inactivity Notice" is defined in clause 14.2.1.

"Initial Player Offering" & “IPO” is defined in the Game Rules

"Material Breach" shall mean:

where a user is in breach of any provision of clause 5.2, 5.3 or 5.4;
where Beat the Scout otherwise determines in its reasonable discretion that the user's trading behaviour amounts to a material breach following an investigation into Suspicious Activity; or
where we, acting reasonably, consider that your acts or omissions amount to a material breach of our Terms of Service.

"Member" is an individual who has opened an Account on Beat the Scout, via the Website or the App to play the Beat the Scout game and agreed to the Terms of Use; the Game Rules; and/or any Promotion Rules.

“Member’s Currency” or “Origin Currency” refers to the currency chosen by the Member with which to use to deposit funds into the Beat the Scout game.

“Member Fund” refers to the Bank account which stores the value of Shares bought by Members and the Member’s Account Balance.

“Member Fund Trust” refers to a group of people who manage the funds in the Member Fund. The Member Fund Trust will have 4 members. Two of these will be Game Members voted into this role by the Members and two are the Directors of Beat the Scout Partnership. Agreement of all four in the Member Fund Trust is required to invest or withdraw funds from this account.

"Pay Out Time" is typically between 0000 and 0700 GMT on the day immediately following the day on which the applicable Game ends, or such other time as Beat the Scout Partnership credits the Member's account with the applicable Game Winnings.

“Player” refers to a fictional person in a fictional sports team.

"Pre-contractual Statement" is defined in clause 21.2.1.

"Privacy Policy" is the Beat the Scout Partnership privacy policy, as may be updated from time to time, the current version of which is available here https://www.BeattheScout.com/privacy-policy.

"Promotion Rules" is defined in clause 1.5.3.

"Sell price" means the Share price offered per Share for the sale of the Player’s Shares, as further explained in the Game Rules.

"Service" is defined in clause 1.4.

"Share" & “Shares” refers to a fictional share in a fictional Player. Please refer to the Game Rules for more information.

“Sports Teams” & “Team” refers to a fictional team a Player in the Beat the Scout game plays in.

“Spread” refers to the difference between the Buy Price and the Sell Price. See Glossary for the spread margin.

“Squad or “Squads” refers to the current Shares a Member has in Players

"Suspicious Activity" is defined in clause 16.1.

"Terms of Service" is defined in clause 1.5.

"Terms of Use" is defined in clause 1.4.

"Territories" shall mean the territories listed in the Glossary, as amended from time to time by Beat the Scout Partnership.

"Third Party Content" means any content available on the website belonging to a third party including the names and images of any Sports Teams, event organisers, or Players displayed on the Website or on the App.

“Transaction” refers to the buying or selling of Shares on Beat the Scout.

"user", "you" and/or "your" refers to a visitor of the Website and/or the App generally or a Member (as applicable).

"User Generated Content" is defined in clause 15.1.

"Website" is defined in clause 1.4

3.3. All references to "including" shall mean "including without limitation".

3.4. All references in these Terms of Use to the singular shall include the plural and vice versa.

3.5. All references to "the" shall include "a/an" and vice versa.

4. Our right to change the service

It is not our intention to substantively change the game. However we may add, remove or change product features and/or functionality. This may impact how or when you can buy or sell Shares and/or otherwise use the platform. Where we make any material changes that are to your detriment, we will give you at least 30 days’ advance notice by alerting you on the home page of this site and the app and/or by email.

5. Your use of our service

5.1. We reserve the right to withdraw the Service from you and/or suspend your Account in accordance with the Suspicious Activity procedure at clause 16 at any time. If we determine that closure of your Account is necessary, we shall terminate your Account as follows:

5.1.1. BAD FAITH CLOSURE: where we determine that you have committed a Material Breach, we may terminate your Account in accordance with the following procedure:

5.1.1.1. suspend your Account and prevent you from accessing it;

5.1.2. GOOD FAITH CLOSURE: where

(i) we determine that your behaviour does not amount to a Material Breach but that termination of your Account is still necessary;

(ii) you elect to terminate your Account and/or it is closed pursuant to clause 13; and/or

(iii) you elect to self-exclude in accordance with clause 14, we may terminate your Account in accordance with the following procedure:

5.1.2.1. suspend your Account and prevent you from accessing it;

5.2. You must not:

5.2.1. interfere with, or disrupt, the Service or any servers or networks connected to the Service, including by transmitting any worms, viruses, malware, spyware or any other code of a destructive, malicious or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any page of the Service is rendered or displayed in your browser or device;

5.2.2. access or use the Service via a means not authorised in writing in advance by us, including but not limited to, automated devices, scripts, bots, spiders, crawlers or scrapers (except for standard search engine technologies);

5.2.3. attempt to restrict another user of the Service from using or enjoying the Services and you must not encourage or facilitate the breach of the Terms of Service by others;

5.2.4. use the Service for any illegal, fraudulent or unauthorised purpose; or

5.2.5. change, modify, adapt or alter the Service or Content or change, modify or alter another website so as to inaccurately imply an association with the Service or with us.

5.3. By using our Service, you confirm and agree that you:

5.3.1. are at least 12 years old;

5.3.2. reside in one of our Territories, see Glossary;

5.3.3. are legally capable of entering into binding contracts;

5.3.4. are a physical person;

5.3.5. are not a professional player, official or other participant in any professional sport, competition or league in relation to which we offer Shares;

5.3.6. are not depositing monies originating from criminal and/or other unauthorised activities or conducting criminal activities whereby an Account is directly or indirectly involved;

5.3.7. are not depositing monies through a Card and/or bank account in the name of a third party;

5.3.8. will not permit any other users to use your Card to deposit funds from a Beat the Scout account;

5.3.9. are not prohibited for any reason from being active with us or from using the Service, which shall include being prohibited from Buying Shares on Beat the Scout under the regulations of any local sporting regulator or governing body (e.g. being a registered intermediary/agent with The Football Association in England); and

5.3.10. shall comply with all Applicable Laws.

5.4. By using our Service, you further confirm and agree that you:

5.4.1. will not access or use the Service from outside our Territories, see Glossary;

5.4.2. are not acting on behalf of, or in conjunction with, another party when using our Service;

5.4.3. will keep your Account details up-to-date in terms of the following: first and last name, country of residence, postal address, valid email address and phone number;

5.4.4. have provided information that is true, complete and correct in the registration process;

5.4.5. will not open more than one Account with us;

5.4.6. will not, as the Member, permit any other person to access, use, deposit money into, trade or Buy or Sell Shares or join or end Games from your Account;

5.4.7. will not post online any content or images that is/are in any way unlawful, harmful, threatening, defamatory, obscene, harassing or otherwise damaging to the reputation of Beat the Scout Partnership or the Beat the Scout brand (including on any social media platforms);

5.4.8. have not been excluded by Beat the Scout Partnership or any other operator; and

5.4.9. will only deposit your own funds into your Account and, in particular, you will not use funds borrowed or loaned from another person or company, or any bank, credit or lending facility, to Buy Shares on the platform or deposit money into your Account.

5.5. The availability of our Service does not constitute an offer, solicitation or invitation by us for the use of our Service in any jurisdiction in which such use is prohibited by law. We shall not be liable for any breach of any local, national, federal, state or other laws that may occur as a result of you using the Service.

5.6. You are only allowed one open logged-in session to your Account at any given time (this includes through the Website and/or the App via your mobile device).

5.7. If you are found to have breached any of the Terms of Service:

5.7.1. any Shares or Games you may have, at the applicable time, may be cancelled, and we may withdraw the Service and terminate your account in accordance with clause 5.1;

5.7.2. there will be no obligation on Beat the Scout to pay any sums to you which might otherwise have been payable in respect of any of your activity on Beat the Scout; and

5.7.3. we may refer the matter to the police, crime prevention bodies, guardians, and/or family members, or any appropriate regulatory authority (including sports governing bodies).

SECTION B - Terms for the agreement between you and Beat the Scout

6. Registering an Account

6.1. To apply to open an Account, you must provide the following information, together with any other information requested, in the Account opening form:

6.1.1. your date of birth (showing that you are over twelve (12) years of age);

6.1.2. your first and last name;

6.1.3. your place of residence;

6.1.4. your valid Card details;

6.1.5. your valid email address; and

6.1.6. a confidential username and a password of your choice.

6.2. When applying to become a Member, you must not be under the age of 12 years. We reserve the right to request proof of identity and address, such as:

a passport or national identity card; and/or
a driving licence; and/or
a recent utility bill; and other reasonable documentation, and perform the requisite checks, in order to verify the information you have provided in your Account opening form.

6.3. You are not allowed to deposit money, trade or Buy Shares on your Account unless you have completed the verification process. If your verification cannot be completed to the satisfaction of Beat the Scout Partnership, your Account will be suspended, until such additional verification has been satisfactorily completed. If, during the verification process, you are shown to be underage or you otherwise fail verification, your Account will be suspended indefinitely, until you satisfactorily complete the verification process at a later stage.

6.4. We are also under a regulatory requirement to verify the source of funds placed on certain deposits. To this end, we may seek such other information or documentation from you as we reasonably require in order to verify your identity, your source of funds and/or your compliance with the Terms of Service and any other Applicable Laws. We may suspend your account at the point we request source of funds documentation (or other verification information). Alternatively we may, acting reasonably, suspend or terminate your Account where you fail to respond to our requests, or otherwise fail to provide such information or documentation to successfully complete your verification (at our sole discretion). We reserve the right to pass on any information we deem necessary to the relevant authorities.

6.5. We may also request additional information from time to time, in order to ensure that the information that we hold in relation to your identity and source of funds remains accurate.

6.6. It is your responsibility to ensure that your personal details (including contact details) on your Account are kept current and up-to-date, as failure to do so may result in issues with deposits and withdrawals from your Balance, Buy and Sell of Shares and any Game activity.

6.7. No more than one Account is permitted per Member, Member’s name, email address, IP address, telephone number, Card and/or payment account number. We reserve the right to suspend or close down any suspected duplicate Accounts in accordance with the process set out in clause 5.1.1. We also reserve the right to suspend or close down any Account in accordance with the process set out in clause 5.1.1 where the Member and the owner of the Card that is linked to the Account are not the same.

6.8. We may, acting in our sole discretion, decline to open an Account without any explanation.

6.9. If we discover, or have reasonable grounds to believe, that you are in breach of any of the Terms of Service we will not register you as an Member, or where you have already been registered, we may with immediate effect suspend and/or close the Account. Where we close an Account, the provisions of clauses 5.1 and 13 shall apply.

6.10. When opening an Account, you confirm that you understand and agree that:

6.10.1. there is no requirement on you to use the Service, and such participation, if elected by you, is at your sole choice, discretion and risk; and

6.10.2. you may only use the Service for individual, personal and not professional or syndicate purposes.

6.11. If you have a query relating to your Account, it is your responsibility to notify us at the earliest opportunity, providing as much information as we may reasonably require.

7. Password and Account Security

7.1. Your username and password must be kept confidential by you. We reserve the right to regard as valid all Share Buys and Sells registered to or placed from your Account, where your username and password (or such other criteria as may be required and as communicated to you) have been correctly entered (which may be as a result of your negligence), unless you are able to demonstrate to our reasonable satisfaction that such use was neither permitted nor authorised by you nor due to your fault or negligence.

7.2. Please contact us immediately if you have lost or forgotten your Account details. You agree to inform us immediately (using our contact us form) if you believe that your Account information is being misused by a third party so that we may suspend your Account to prevent further misuse.

8. Deposits and Withdrawals

8.1. Except where we have credited monies to your Account as part of a promotion, you must deposit monies into your Account to participate in the Service. Details on how to deposit money to and from your Account can be found on the Website.

8.2. Members can only make deposits from their Account in the Member’s Currency. Any currency conversion charges will be borne by the Member.

8.3. Subject to clause 8.13, we will only accept Card payments to make deposits into your Account. Cheques or bank drafts will not be accepted by us.

8.4. Minimum Account deposits apply (currently GBP £1). Interest is not payable on Account Balances. We do not provide credit. It is your responsibility to maintain sufficient funds in your Account. If any purchase of Shares is inadvertently accepted where your Account doesn't have sufficient funds to cover the whole of the purchase, we may either:

8.4.1. cancel the purchase; or

8.4.2. accept the purchase and require you to pay the shortfall.

8.5. Funds may be withdrawn from your Account by you provided that:

8.5.1. you have otherwise complied with any applicable Promotion Rules to which such funds relate;

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

8.5.3. any identity checks we conduct, including those we are required to conduct pursuant to applicable anti-money laundering regulations and rules or other obligations, are clear (including verification). Additional verifications may be required in connection with certain services which may cause an additional delay when withdrawing funds; and

8.5.4. you have complied with the rest of these Terms of Use.

8.6. We charge a small fee for your deposits to cover administration cost and your bank, mobile phone providers, and/or other payment service provider may also apply a charge.

8.7. You (and not us) are responsible for reporting or declaring any funds withdrawn, including any winnings, if such reporting is required by local law, tax or other authorities.

8.8. Any changes to your personal/Card details must be advised to us promptly. Failure to do so may result in your deposits being declined by your bank or Account.

8.9. As well as informing your bank or other Card provider, please inform us as soon as is possible should your Card be lost or stolen.

8.10. If you or your bank or other Card provider advises us that your Card has been lost or stolen, your account will be suspended. You need to contact us with further instructions with which we are comfortable.

8.11. We may monitor your Account and use your Card details to verify your identity as required pursuant to applicable anti-money laundering rules and regulations and/or other obligations, policies or procedures. Funds deposited from your Card will be credited to your Account as soon as is possible on receipt of an authorisation from your bank. It is your obligation to ensure that you keep these funds in your Card account until your bank deducts them.

8.12. We may at any time set off any amount on deposit in your Account against any amounts owed by you to us.

9. Buying and Selling of Shares

9.1. Please refer to the Game Rules for information and instructions about how to Buy and Sell Shares on Beat the Scout.

9.2. It is important that you read and fully understand the Game Rules in order to understand the terminology used on the platform and how Beat the Scout is operated. We do not accept any responsibility if you Buy or Sell Shares in circumstances where you have not read (or do not fully understand) any of the Terms of Service, or have not familiarised yourself with how the Service are operated.

9.3. You can only Buy Shares up to the amount held in your Account Balance. Share purchases or sale do not become valid until we have received full and sufficient payment from your Account or where, at our discretion, we expressly allow the purchase subject to authorisation. The minimum and maximum number of Shares that may be purchased by you is determined exclusively by us and is detailed on the Website.

9.4. We reserve the right to accept or decline the whole or part of any Share purchase or sale for any reason in our absolute discretion.

9.5. Each Share purchased or sold by you and accepted by us constitutes a Transaction on Beat the Scout. If you have any concern as to whether your Transaction has been accepted, please log in and go to the ‘Account History' page of the Website where details of all Transactions by you with Beat the Scout Partnership will be displayed. Beat the Scout Partnership is not liable for the settlement of any Transactions where we have not credited your Account with the Transaction(s). It is your responsibility to ensure that all of the details of your Transactions are correct. Once a Transaction has been credited to your Account, that Transaction cannot be cancelled by you.

9.6. You must exercise your own judgement in a Transaction (Buy or Sell of Shares) .

9.7. Transactions must be made via the Website and/or via the App.

9.8. Any special offers or promotions are available at our discretion and can be restricted on an individual Account basis, or withdrawn, at any time. Promotions will be subject to their own Promotion Rules which will be made accessible via the Website or otherwise communicated to you. By participating in any promotion, you agree to be bound by and comply with the applicable Promotion Rules.

9.9. If there is a dispute over the time at which a Transaction happened, or whether a Transaction happened, the time at which it was recorded (if recorded at all) on the Beat the Scout transactional log will govern settlement. If an attempted Transaction was not recorded on the transactional log, no Transaction shall be deemed to have happened. You should check the 'Account History' page of the Website each time you use the Service.

9.10. We use an algorithm to determine Share price changes. Share price changes are determined according to supply and demand of Shares. From time to time, we may change our algorithm to accommodate changes in market dynamics and scale. This can affect the movements in the price of Shares, both positively and negatively. In making changes to our price change algorithm, we will always try to act in the best interests of the market as a whole. Any changes will be implemented with at least 30 days notice via email.

9.11. We may allow corporate accounts to use the Service. Corporate accounts may be exempt from some or all of the Terms of Service that would not be appropriate for corporate accounts, and separate terms and conditions may govern their use of the Service.

10. Winnings and Payment of Winnings

10.1. We endeavour to credit Game Winnings to your Account by the Pay Out Time, but this may not always be possible (for example if there is a delay or an error with statistics or other metrics or information that we need to investigate before finalising Game winners).

10.2. Results will be as published and confirmed by us on the Website and/or the App each day.

11. Errors and suspected errors

11.1. We make every effort to ensure that no errors are made in prices offered by us through the Website/App or Buy or Sell Transactions accepted. However, human and/or system errors may occasionally occur.

11.2. We reserve the right to correct any reasonably obvious errors and to cancel any Transactions placed where such errors have occurred, including duplicate or incorrect issue of Shares, duplicate or incorrect payments (e.g. bonuses, deposits, withdrawals, incorrect credit when selling Players), payments made on the incorrect Player, Player priced at less than 0.25 Coins per Share when a new Player is first introduced to the platform, and errors resulting from incorrect data supplied by a third party.

11.3. Should funds be credited to your Account or to your Card's account in error, it is your responsibility to notify us of the error without delay. Any winnings subsequent to the error and prior to notifying us, whether linked to the error or not, shall be deemed invalid and returned to, or otherwise be reclaimable by, us.

11.4. Any monies which are credited to your Account, or to your Card's account, or paid to you as a result of an error shall be deemed, pending resolution under clause 11.2 to be held by you on trust for us and shall be immediately repaid to us. Where such circumstances exist, if you have monies in your Account we may reclaim these monies from your Account pursuant to clause 8.12. We agree that we shall use reasonable endeavours to detect any errors and inform you of any such errors relating to you, your engagement with us, or your Account, as soon as reasonably practicable.

11.5. As soon as you suspect or become aware of an error you shall:

11.5.1. immediately cease all activity on the Service; and

11.5.2. inform us as soon as reasonably practicable of any such error or suspected error.

11.6. Where you have used monies which have been credited to your Account, or to your Card's account, or awarded to you as a result of an error to Buy or Sell Shares, we may cancel such Transactions and/or withhold any winnings which you may have won with such monies, and if we have paid out on any such Transactions, such amounts shall be deemed to be held by you on trust for us and shall be immediately repaid to us.

12. Charge-backs

You shall ensure that no charge-backs or other cancellation of deposits will be made relating to your Account without our consent. You agree to reimburse us any costs we would incur as a result of you breaching this clause.

13. Closure of Accounts

13.1. Please use the ‘Close account’ button in your Account part of the website or app to request to close your Account.

13.2. If your Account becomes an Inactive Account: defined as being over 150 days from the last login of the Member

13.2.1. we will use reasonable efforts (at least two emails) to notify you and give you the opportunity to reactivate your Account (following the process set out in the Help and FAQ section of the Website) ("Inactivity Notice"); and

13.2.2. A Member can re-activate their Account by logging in. If a Member does not reactivate their Account within 180 days of your last login, we reserve the right to terminate that Account in accordance with Clause 5.1.2.

13.3. If we are unable to return any funds due to you pursuant to clause 13.2.2, a charge to compensate us for the costs incurred by us in maintaining the Inactive Account (as set out in the "Charges Table" in the Glossary ) will be deducted from the funds in your Inactive Account from the date specified in the Inactivity Notice until the earlier of:

13.3.1. your Account being reactivated; or

13.3.2. the funds in your Inactive Account being exhausted (at which point we may close your Account).

13.4. If you have any queries regarding Inactive Accounts, please contact customer services for further information.

14. Intellectual Property in our website and the content

14.1. We are the owner or licensee of all copyright, trade marks, patents, database rights and all other intellectual property rights wherever in the world, whether registered or unregistered, including any application or right of application for such rights in all trademarks, service marks and trade names as well as images, design, layout, graphics, text, concepts, methodologies, code and software relating to the Service and the material contained therein (other than User Generated Content) ("Beat the Scout Content").

14.2. You are not granted any right to use, and may not use, any of the Beat the Scout Content other than as set out in the Terms of Service. You must not use the Service (or any part of it or its content) for commercial purposes; however, you may download material from the Service solely for non-commercial, personal use by you.

14.3. Subject to you holding a valid Account, you may access and use the Service on a non-exclusive, non-transferable, revocable licence basis for your own personal, non-commercial and entertainment purposes. Under the terms of this licence you shall not:

14.3.1. attempt to reverse compile, disassemble, or otherwise reverse engineer any element of the Service;

14.3.2. attempt to obtain, or assist others in obtaining, access to the underlying code of any element of the Service, or take Beat the Scout Content from it; or

14.3.3. use the Service in any way that breaches the Terms of Service, contravenes Applicable Law or third party intellectual property rights or attempts to circumvent the spirit and intent of the provision of the Service.

14.4. Beat the Scout Content may not be copied, reproduced, transmitted, stored, sold or distributed without our prior written consent (which we may withhold at our absolute discretion).

14.5. Beat the Scout Partnership does not claim any intellectual property rights relating to the name and image of any sports team, event organiser and/or player which is featured on its websites, and those names and/or images are used strictly in order to provide the Services. From time to time Beat the Scout Partnership may, however, enter into sponsorship and/or other arrangements with sports teams, event organisers and/or players (or authorised licensors of materials in relation to teams, organisers and/or players), which grant Beat the Scout the right to use certain materials on its websites.

15. User generated content

15.1. Certain aspects of the Service may invite or permit you to upload your own content ("User Generated Content"). We do not exercise editorial control over, and therefore do not endorse any, User Generated Content, and we shall not be liable in relation to such User Generated Content. You understand and agree that you are solely responsible for your User Generated Content.

15.2. For any User Generated Content you provide, you shall ensure that such content:

15.2.1. is an original work created by you or you have a licence or the express consent of the owner to use the User Generated Content in that manner;

15.2.2. does not infringe any third party intellectual property rights or privacy rights anywhere in the world;

15.2.3. does not contain any defamatory or otherwise inappropriate materials or statements;

15.2.4. does not contain any form of malicious computer code (e.g. viruses, bugs, trojan horses etc.) which could disable or disrupt any of the Service;

15.2.5. complies with all Applicable Laws; and

15.2.6. may be used in connection with publicising and promoting us and our Service.

15.3. Any User Generated Content you provide will be considered non-confidential and lawfully provided by you and you are automatically deemed to have granted us an irrevocable, transferable, royalty-free licence to copy, exhibit, publish, distribute or otherwise use and sub-license that User Generated Content as we see fit, including for commercial purposes. Such uses may include in printed publications, multimedia presentations, on Website or on the App or in any other distribution media. You agree that we may also use your name, likeness and any other biographical information contained in such User Generated Content as we see fit, including for commercial purposes. In addition, you waive any right to inspect or approve the finished product, including written copy, wherein your likeness or testimonial appears. For the avoidance of doubt, you agree that you will make no monetary or other claim against us for our use of your User Generated Content.

15.4. If you have any issues with User Generated Content provided by any other users or if you would like to discuss our use (or non-use) of your User Generated Content, please let us know by contacting us here. We reserve the right (but are not obliged to) to edit or remove User Generated Content.

15.5. You will indemnify us on demand against any and all losses, damages, claims or expenses that we suffer or incur (directly or indirectly) as a result of any third party claim made against us in connection with any User Generated Content that you upload to the Service.

SECTION C – General terms

16. Suspicious Activity

16.1. In these Terms of Use "Suspicious Activity" shall refer to where Beat the Scout Partnership has reasonable grounds to believe that a Transaction or a number of Transactions have been placed in suspicious circumstances. Suspicious Transactions shall include instance where:

16.1.1. there is an unusual frequency and/or highly unusual pattern of Transactions (by comparison with betting norms) placed on the same selection in a short space of time;

16.1.2. there is an inordinate frequency and/or highly unusual pattern of Transactions placed on the same selection and where the theoretical probability of said selection winning at the time of the Transaction placement, based on the odds offered on the selection at the time of Transaction placement, is largely inconsistent with the theoretical probability of the same selection winning calculated using their starting prices;

16.1.3. Beat the Scout Partnership has reasonable grounds to suspect that a Transaction or a string of connected Transactions were placed robotically, by automated means, or otherwise than through the Member placing each Transaction manually via their Account;

16.1.4. Beat the Scout Partnership reasonably believes that you have used unfair external factors or influences connected with the player(s) the subject of any Transactions, or any other participant in events involving such player(s);

16.1.5. Beat the Scout Partnership reasonably suspects that you have opened duplicate Accounts or where we reasonably suspect that second or subsequent Accounts are under common control with your Account with a view to concealing the true worth, nature or pattern of Transactions placed by you or on your behalf, even if second or subsequent Accounts are opened under different names;

16.1.6. Beat the Scout Partnership otherwise believes, acting reasonably, that you are using the Service in concert with or on behalf of others, or that you are acting other than on your own behalf. Under these Terms of Use, we do not allow users to share accounts (including syndicates, collaborations, and/or group accounts) or IP addresses;

16.1.7. Beat the Scout Partnership reasonably believes that you, or any group of people acting in conjunction with each other and connected to you, are engaging in illegal or fraudulent activity while using our Service or are engaging in activity in an attempt to defraud us;

16.1.8. Beat the Scout Partnership reasonably believes that you are acting in collusion with other Members in order to obtain an advantage, manipulate Share prices or otherwise;

16.1.9. Beat the Scout Partnership reasonably believes that you are exploiting a fault, loophole or error in our software, or otherwise acting in bad faith; and/or

16.1.10. If Beat the Scout Partnership reasonably believes that Transactions have been placed from a location or device other than the location or device which you claim to have used to place a Transaction.

16.2. In the case of any of the activities contemplated by clause 16.1, Beat the Scout Partnership may, acting reasonably:

16.2.1. request such further information from you as may reasonably be required by us to investigate whether the Transaction constitutes Suspicious Activity for the purpose of clause 16.1;

16.2.2. suspend or withhold payment of any amounts to you pending the receipt by us of satisfactory evidence from you in order for Beat the Scout Partnership to determine (acting reasonably) that a Transaction does not constitute a suspicious Transaction as such term is referred to in clause 16.1. For example, Beat the Scout Partnership suspects that a Transaction or a string of connected Transactions may have been placed robotically or by automated means, we may require you to provide reasonable evidence that each Transaction was placed manually by you via your Account. We reserve the right, at our sole discretion, to collect and process any information in connection with your transaction patterns, personal data, depositing of funds and any other related information and enquiries that will help us to investigate any suspected breach of these Terms of Use;

16.2.3. suspend or withhold payment of any amounts to you, usually for no longer than 30 days but where relevant for such longer period of time as may reasonably be required (for example, pending any investigations by us, a gambling regulator, a law enforcement authority or any other third party). We may also withhold amounts gained through a breach of clause 16.1 indefinitely; or

16.2.4. cancel a Transaction or a string of connected Transactions, or otherwise terminate your Account in accordance with the methods set out at clause 5.1. Where possible, we shall keep you informed of any such action or requests.

16.3. Where we have reasonable grounds to believe that you have participated in, or have been connected with, any type of Suspicious Activity, we shall use our reasonable endeavours to investigate such matters, including but not limited to through the use of various collusion, suspicious transactions, fraud and cheating detection practices.

16.4. We reserve the right to seek to recover from you any cost or losses we suffer that are directly or indirectly connected to any of the activities referred to in clause 16.1. This right is without prejudice to any other rights (including common law rights) that we may have against you, whether under these Terms of Use or otherwise.

16.5. Irrespective of whether we suspend or terminate an Account and notwithstanding any other provisions in these Terms of Use, we may decide to cancel any Transactions at our absolute discretion where:

16.5.1. there is a technological failure (including situations where you manipulate a bug in the system, take unfair advantage of an outage, withdraw an incorrect sum from your Account due to duplication, or any other technological error); or

16.5.2. where in our judgement, acting reasonably, there is a manifest error in the terms of the applicable Transaction, including where the price of the applicable Transactions is greater than five percent (5%) out of line with the market Share price for the applicable player.

17. Fraud

17.1. We reserve the right to seek criminal or other sanctions against you if we suspect you have engaged in fraudulent, dishonest or criminal acts and we may disclose such information to the relevant authorities or other relevant third parties (for example, payment service providers) as may be necessary in this regard.

17.2. We reserve the right to suspend or terminate any Account if we believe you are involved in fraud, money laundering and/or any other form of illegal or suspicious activities and to report such details as we reasonably consider are necessary to relevant authorities.

18. Liability

PLEASE READ THIS SECTION CAREFULLY AS IT SETS OUT IMPORTANT INFORMATION CONCERNING THE LIABILITY OF Beat the Scout Partnership TO YOU (ON THE ONE HAND) AND YOU TO Beat the Scout Partnership (ON THE OTHER HAND):

18.1. We agree to provide the Service with reasonable skill and care and as described in these Terms of Use.

18.2. Except as stated in these Terms of Use, the Service is provided without further warranty of any kind. All conditions, warranties, representations and terms implied by law, custom or otherwise are excluded by us to the fullest extent permitted by applicable law.

18.3. You acknowledge that we cannot guarantee that the Service will:

18.3.1. meet your requirements;

18.3.2. stay the same (as we might change the Service or remove it altogether);

18.3.3. be compatible with all or any hardware or software which you may use;

18.3.4. be available all the time or at any specific time;

18.3.5. be accurate, up-to-date or reliable; or

18.3.6. be entirely error-free or entirely free of viruses, electronic bugs, Trojan horses or other harmful components and you must take your own precautions accordingly.

18.4. You also acknowledge that we:

18.4.1. cannot guarantee the performance or security of our Service; and

18.4.2. will not be responsible for any damage or loss you may suffer directly or indirectly as a result of any virus attack that can be traced to our Service to the fullest extent permissible by law.

18.5. You accept that by using the Service, there is a risk that you may lose money as well as gain money. You acknowledge and agree that your use of the Service is at your own risk and we do not accept any responsibility for your losses incurred in the ordinary use or in your misuse of the Service.

18.6. We do not accept any liability for damage and/or losses to you and/or a third party due to any:

18.6.1. mistake, misprint, transaction error, technical failure, in each case to which arises in circumstances beyond our reasonable control (including arising from incorrect or incomplete data from a third party provider);

18.6.2. cancellation of a game or match for any reason beyond our reasonable control;

18.6.3. Force Majeure;

18.6.4. violation of the Terms of Service by you or a third party;

18.6.5. collusion and/or criminal actions by you or a third party;

18.6.6. advice or recommendations provided by us (including tips as part of our marketing materials) or third parties (including comments on the forum or guest bloggers, vloggers and/or articles) via the Service;

18.6.7. loss of content or material uploaded or transmitted through the Website or the App;

18.6.8. loss that you may incur as a result of misuse of usernames or passwords or from any unauthorised use of your Account, whether fraudulent or otherwise;

18.6.9. Transactions not being placed for any reason (unless as a result of negligence or breach of the Terms of Service by us) or you being disconnected from or unable to access the Service, including but not limited to failure, inadequacy or disconnection of your computer, mobile device, telecommunications services, internet connection or otherwise, and the balance of your Account will at all times be as is recorded on our server; and/or

18.6.10. loss arising from changes in prices of Players resulting from any announcement we make (see Announcements section in the Game Rules).

18.7. You confirm that we shall not be liable to you or any third party for any modification to, or suspension or discontinuance of, the Service (including as a result of any changes to gambling regulations, tax regulations, or policies relating to our suppliers.

18.8. We shall not be liable to you in contract, tort (including negligence), breach of statutory duty or however arising for:

18.8.1. loss of data;

18.8.2. loss of reputation;

18.8.3. loss of opportunity; or

18.8.4. loss of goodwill.

18.9. We shall not be liable to you for any indirect or special loss. This means that we will not be responsible for any loss or damage that was not a foreseeable result of our negligence, breach of the Terms of Service, statutory duty or any other duty of care that we may owe to you. Loss or damage is foreseeable if it is an obvious consequence or if such loss or damage was contemplated by you and us at the time that you became bound by the Terms of Service.

18.10. Subject to clauses 18.6 to 18.9 and 18.11, our total combined liability to you in respect of all losses arising under or in connection with each Transaction placed by you whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall (to the fullest extent permissible by law) in no circumstances exceed the amount of the relevant Transaction placed by you in respect of the applicable Transaction that gave rise to the claim.

18.11. Nothing in these Terms of Use shall limit or exclude any liability for which it would be unlawful for us to exclude or restrict liability including but not limited to death or personal injury caused by our negligence and our fraud or fraudulent misrepresentation.

18.12. Nothing in these Terms of Use shall affect your statutory rights as a consumer.

19. Your privacy and Cookies

The privacy of your personal data is important to us. Please see our Privacy Policy https://www.BeattheScout.com/privacy-policy and Cookie Policy https://www.BeattheScout.com/cookie-policy for details of how we will process your personal data and how we use cookies and similar technologies.

20. Links to third party websites, feeds and apps

The Service may include links to third party websites, feeds and apps that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such websites. We recommend you review those websites' terms and conditions and privacy policies to ensure you are happy to use them.

21. General

21.1. Failure by us to insist upon strict performance of any of your obligations or to exercise any of the rights or remedies to which we are entitled shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any provision shall not constitute a waiver of any subsequent breach of that provision.

21.2. Entire Agreement:

21.2.1. The Terms of Service constitute the entire agreement between you and Beat the Scout Partnership and supersede and extinguish all previous agreements, arrangements, promises, undertakings, proposals, warranties, representations and understandings between them ("Pre-Contractual Statement"), whether written or oral, relating to its subject matter.

21.2.2. You acknowledge that in entering into the Terms of Service, you have not relied on any Pre-Contractual Statement (whether made innocently or negligently), which were made by or on behalf of Beat the Scout Partnership, in relation to the subject matter of Terms of Service, that is not expressly set out in the Terms of Service.

21.2.3. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any Pre-Contractual Statement.

21.2.4. Nothing in this clause shall limit or exclude the liability of either you or Beat the Scout Partnership arising out of any pre-contractual fraudulent misrepresentation or fraudulent concealment

21.3. Transfer of rights and obligations:

21.3.1. You may not transfer, assign, charge or otherwise dispose of any rights or obligations arising under or in connection with your use of the Service, without our prior written consent.

21.3.2. You agree that we may, pursuant to a corporate reorganisation or a merger/acquisition, transfer, assign, charge or otherwise dispose of any rights or obligations arising under or in connection with the Service.

21.3.3. You also agree that we may use third parties and sub-contract our obligations provided that we remain responsible to you for the performance of these Terms of Use.

21.4. If any of these Terms of Use should be found to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such term shall be removed and the remaining terms shall survive and remain in full force and effect and continue to be binding on and enforceable by Beat the Scout Partnership and you.

21.5. A person who is not a party to these Terms of Use has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms of Use but this section does not affect a right or remedy of a third party which exists or is available apart from that Act.

22. Notice

22.1. All notices given by you to us must be given using our contactus service.

22.2. Beat the Scout Partnership will give notice to you via the Service or using the contact information you provided to us as part of your registration. Please keep us up to date of any changes - this is your responsibility.

22.3. Notice will be deemed received and properly served immediately when posted to the Service, 24 hours after an e-mail is sent, or three days after the date of posting any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to, and received by, the e-mail address provided by the addressee.

23. Complaints and Disputes

23.1. Should you wish to make a complaint, please ensure that you follow our complaints process. Failure to adhere to this process in full may result in delays in finding a resolution to your problem.

23.2. Subject to clause 23.3, upon receipt of any complaint, we will acknowledge receipt of the complaint within 48 hours. The investigation shall begin within one (1) "Business Day" (being a day other than a Saturday or Sunday that the bricks and mortar retail banks in London are open for business). Our target is to resolve most complaints within 7 days.

23.3. Any complaints relating to a Transaction must be raised by you within a reasonable time period after the Transaction has been completed (but at all times within 3 months from the date the Transaction was placed). We cannot guarantee that we will be able to respond to your query if it is not raised within this time.

23.4. Subject to delays arising from circumstances beyond Beat the Scout Partnership's reasonable control or beyond the reasonable control of the staff member handling the Complaints, Beat the Scout Partnership will investigate the complaint, decide upon and communicate any recommended course of action to you as soon as practicable but will ensure that the complaints process is completed within 8 weeks.

23.5. Once we make the final decision, we will notify you using your preferred method of contact. If you are still dissatisfied, you may refer your complaint to the European Commission's Online Dispute Resolution (ODR) Platform. Please however ensure that you have fully exhausted our complaints procedure before contacting ODR. Contact details and information for ODR are as follows:

23.5.1. Online dispute resolution https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN

23.6. All complaints, appeals, evidence and other information gathered, held and processed by Beat the Scout Partnership shall be treated with the utmost confidence at all times. Your personal information collected byBeat the Scout Partnership shall only be collected, used and held in accordance with Beat the Scout Partnership's Data Protection Policy.

23.7. The Terms of Use and the use of the Service generally and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law.

23.8. The English courts will normally have jurisdiction over any dispute or claim arising out of or in connection with the Terms of Service or their formation or your use of the Service generally (including non-contractual disputes or claims), unless you are resident in another Member State of the European Union within the Territories. We retain the right to bring proceedings against you for breach of the Terms of Service in your country of residence or any other relevant country.

23.9. As a consumer, if you are resident in the European Union and we direct the Service to the Member State in which you are resident, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in the Terms of Service affects your rights as a consumer to rely on such mandatory provisions of local law.

SECTION D - Glossary

24 Territories

Currently Beat the Scout Territories include:

United Kingdom

25 Charges

Commissions

We have structured the commissions on the purchase and sale of Shares to try and keep this Game enjoyable for all.

To this end, we have a very simple commission rate for Buys and Sells of Shares set at 2%.

Note: It is our intention to keep this rate fixed for the lifetime of the game, however Beat the Scout reserves the right to change the rate.

Spread

The difference between the Buy Price and the Sell Price is called the 'Spread'. The Spread margin is set at 2%.

Deposit charges

We do not add any extra charge to these transactions, we simply add the provider's charge to the transaction.

Bank charges

Any charges incurred by Beat the Scout due to problems associated with a Member’s financial transactions with us may be passed on to the Member.

Administration charges

Any non-itemised task request of Beat the Scout (which include Freedom of information requests, reports etc) will be charged at the following rates:

Senior Manager and / or Director at £200 per hour

Administration staff at £100 per hour

26 Third parties and Personal Data

Beat the Scout use Third party suppliers as follows:

Internal Third Parties: none of these providers have access to Personal data

MS Azure Cloud hosting

External Third Parties

Legislative authorities such as regulators based in the UK

Service providers acting as processors based in UK who provide IT and system administration services

Affiliates who promote us and encourage prospective customers to join our Sites (please see section 10 of this privacy policy for further details)

Professional advisers acting as processors, including lawyers, bankers, auditors and insurers based in UK who provide consultancy, banking, legal, insurance and accounting services

HM Revenue & Customs, regulators and other authorities acting as processors based in the United Kingdom who require reporting of processing activities in certain circumstances.

The FA UK football associations who act as processors and based in UK who require reporting of processing activities in certain circumstances

NCA National Crime Agency for submitting Suspicious Activity Reports (SARs) alert law enforcement to potential instances of money laundering or terrorist financing

Google Analytics (for web traffic statistics): only anonymised data is shares

Google Adsense (for targeted advertising): only anonymised data is shares

Beat the Scout Partnership banking (for Deposits and Withdrawal of Funds)

27 LAWFUL BASIS

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.