TERMS AND CONDITIONS
This page contains information explaining your rights to access and use the 396 Club website.
This agreement (the "Agreement") should be read by you in its entirety prior to your use of 396 Club's service or products. Please note that the Agreement constitutes a legally binding agreement between you and Cube Limited (referred to herein as "396 Club", "us" or "we") which owns and operates the Internet site found at 396 Club (the "Site").
Access to and use of 396 Club both within the Isle of Man and internationally is provided by Cube Limited on the following terms:
- By using 396 Club you agree to be bound by these terms, which shall take effect immediately on your first use of 396 Club. If you do not agree to be bound by all of the following terms then please do not access, use and/or contribute to 396 Club;
- 396 Club may change these terms from time to time and so you should check these terms regularly. Your continued use of 396 Club will be deemed acceptance of the updated or amended terms. If you do not agree to the changes, you should cease using this website. If there is any conflict between these terms and specific local terms appearing elsewhere on 396 Club then the latter shall prevail;
- You agree to use 396 Club only for lawful purposes and in a way that does not infringe the rights of, restrict or inhibit anyone else's use and enjoyment of 396 Club. Prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within 396 Club.
"Games" means the internet gaming system accessible and/or offered on the Site;
"Sportsbook" means "Casino" or "Poker" and all or any related services and online gaming activities accessible on and/or offered on the Site;
"Device(s)" means any application access devices, including but not limited to personal computers, laptops, mobile telephones, personal digital assistants, PDA telephones employed for the use of and access to the Site and participation in the Services;
"the information" means information provided on the Site including but not limited to results, statistics, sports data, odds and betting data;
"Software" means any computer programme, data file or any other content that is required to be installed on your Device in order to enable you to use, access and participate in the Services for the purpose of using, accessing and participating in the foregoing on the Website through your Device;
"the Services" means the Software and Games together
GRANT OF LICENSE/INTELLECTUAL PROPERTY
396 Club is licensed and therefore regulated to operate online sportsbook and casino via electronic media on a global basis under permits from the Isle of Man and Kahnawake, Canada. Whilst it is intended that the online sportsbook and casino will operate under (396 Club's licences), 396 Club reserves the right to switch any of the operations of the business to another jurisdiction at any time.
Subject to the terms & conditions contained herein 396 Club grants you a personal, non-transferable and non-exclusive right to use the 396 Club Software, to access information on the 396 Club website through the Device(s) and to play the Games available.
You acknowledge and agree that the Software that is made accessible to you is part of the Services and is the property of 396 Club and/or our licensor, and that you do not gain any rights to such Software. The Software is licensed to you by 396 Club for your private personal use. Please note that the Software is not for use by (i) individuals under 18 years of age, (ii) individuals under the legal age of majority in their jurisdiction, and (iii) individuals connecting to the Site from jurisdictions from which it is illegal to do so. 396 Club is not able to verify the legality of the Service in each jurisdiction and it is your responsibility to verify such matters.
396 Club assumes no liability for correctness, completeness or up-to-datedness of the Services provided, for example results made available on the Site. 396 Club also assumes no liability for the accuracy of livescores, statistics and intermediate results in in-running betting.
396 Club reserves the right at any time to request from you evidence of age in order to ensure that minors are not using the Service. We further reserve the right to suspend or cancel your account and exclude you, temporarily or permanently, from using the Service if satisfactory proof of age is not provided or if we suspect that you are underage.
The Software's code, structure and organisation are protected by copyright, trade secrets, intellectual property and other rights. You may not:
- copy, distribute, publish, reverse engineer, decompile, disassemble, modify, or translate the Software or make any attempt to access the source code to create derivate works of the source code of the Software, or otherwise;
- sell, assign, sublicense, transfer, distribute or lease the Software;
- make the Software available to any third party through a computer network or otherwise;
- export the Software to any country (whether by physical or electronic means) without the prior written consent of 396 Club; or
- use the Software in a manner prohibited by applicable laws or regulations,
(each of the above is an "Unauthorised Use").
You will be solely liable for any damage, costs or expenses arising out of or in connection with the commission by you of any Unauthorised Use. You shall notify 396 Club immediately upon becoming aware of the commission by any person of any Unauthorised Use and shall provide 396 Club with reasonable assistance with any investigations it conducts in light of the information provided by you in this respect.
The terms "396 Club", and any other trademarks, service marks and/or trade names used by 396 Club on the Site from time to time (the "Trademarks"), are the trademarks, service marks and/or trade names of 396 Club or one of its group companies and/or its licensors, and these entities reserve all rights to such Trademarks. In addition, other content on the Site, including, but not limited to, the Software, images, pictures, graphics, photographs, animations, videos, music, audio and text (the "Site Content") belongs to 396 Club or one of its group companies and/or its licensors and is protected by copyright and/or other intellectual property or other rights. You hereby acknowledge that by using the Service and the Site you obtain no rights in the Site Content, or any part thereof. Under no circumstances may you use the Site Content without 396 Club's prior written consent or in accordance with any legislation applicable from time to time for the protections of the Intellectual Property of 396 Club.
MODIFICATION AND AMENDMENT
Any bets placed prior to the time of amendment and/or modification will be subject to the pre-existing Terms & Conditions. Any bets placed after the time of amendment and/or modification will be subject to the changed Terms & Conditions. If any modification is unacceptable to you, your only recourse is to terminate this Agreement.
GENERAL CONDITIONS OF USE - YOUR REPRESENTATIONS AND WARRANTIES
As a condition of use of the Services, you warrant and undertake that you shall not use or access the Site, Services, Software and the Information for any unlawful purpose under any law that is applicable to you or that is prohibited by or in breach of the Agreement. In particular (and in addition to all other representations and warranties set out in the Agreement) you warrant and undertake as a condition of use of the Services that:
- You are not restricted by limited legal capacity;
- You are acting in your own legal capacity and not on behalf of another person or company;
- You agree that your use of the Service is at your sole discretion and risk;
- You are not diagnosed or classified as a compulsive gambler;
- You are over 18 years of age or over the age of majority in your jurisdiction, whichever is the greater;
- You are solely responsible for any applicable taxes which may be payable on winnings paid to you;
- You are using the Site solely for your own personal use. You are only allowed to wager for your personal entertainment;
- You are not a resident of Hong Kong, the Netherlands, Philippines, Singapore, Switzerland, Taiwan, Turkey or United States of America.;
- You acknowledge the possible risk of losing money arising from the use of the Services and the Site and that 396 Club has no responsibility to you for any such loss;
- Your deposits do not originate from illegal or criminal activities;
- You will not conduct criminal or other unlawful activities through any account opened with us and you shall not allow other persons to use your betting account and the Services for any unlawful activities under any law applicable to you or us;
- You agree to keep your account name and password secret and confidential and not to allow anyone else to use it. If you misplace, forget, or lose your account name or password, you should notify our customer services department immediately. New security details will then be allocated to you;
- You will ensure the secrecy of your account and log-in details. Any betting made on 396 Club where the user name and password have been used will be regarded as valid;
- You will not use the Services, the Site, the Software or the Information in any way that may interfere with their availability to other users;
- You will not solicit or in any way seek to obtain any information relating to other users;
- You will not upload or distribute any program, file or data that contain viruses, are corrupted or may affect the operational performance of the Device(s), Software, Services and/or Site;
- You may not attempt to modify, decompile, reverse-engineer or disassemble the Software in any way;
- You will not use any device, robot, spider, software, routine or other method (or anything in the nature of the foregoing) to interfere or attempt to interfere with the normal proper functioning of the Services, Device(s), Software, Site, Information or any transactions offered on the Site and/or through the Device(s);
- You will not post or transmit to the Site and/or to the Device(s) or to any other users, any unlawful, harassing, abusive, threatening, libelous, defamatory, obscene, indecent, inflammatory, racially or ethnically objectionable, pornographic or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law;
- You will not initiate and/or engage in surveys, contests, chain letters or post/transmit "junk mail", "spam" or any unsolicited mass dissemination of email against 396 Club;
- You will not hold more than one account. Should more than one account be identified as belonging or relating to you, 396 Club reserves the right to treat any such accounts as a single joint account or to close such accounts and terminate this Agreement.
By agreeing to the above General Conditions of Use, should your activities pertain to criminal or suspicious conduct, 396 Club reserves the right to report you to the federal or local authorities without prior notice or explanation.
You are required to complete the application for the opening of an account and membership as set out on Site.
You undertake that you will provide full and truthful information in respect of all details and information provided by you to 396 Club. You are obligated to update such details in the event of any change thereto. To confirm your name and address 396 Club reserves the right to confirm such data by post and to correspond by post.
Your account must match your true and legal name and identity and the name on your account registration must match the name on the credit card(s) or other payment accounts used to deposit or receive monies in your account.
We reserve the right to reject your registration without reference to you or without assigning any reason thereto and without liability to you. Where account registration details are found to be inaccurate, misleading or incomplete, 396 Club reserves the right to close the account, returning monies deposited to the same funding account but voiding any wagers placed.
TERMS UNDER WHICH BETS ARE ACCEPTED
- All bets made on 396 Club website are subject to the relevant Games rules applicable to each event or game, and to this Agreement.
- 396 Club cannot be held responsible for any typing or human error in posting odds other than those intended. In the event that this occurs, 396 Club reserves the right to void any affected bets (wagers).
- Notwithstanding any other provision in this Agreement, 396 Club reserves the right to refuse any bet without explanation.
- Only bets made through the internet and/or Device(s) in compliance with these Terms & Conditions shall be accepted. Any other form of bets (whether by post, email, fax or otherwise) shall not be accepted and where received will be void regardless of the outcome. Bets are only valid if the username and password has been correctly entered with sufficient available funds in your account and you have received confirmation from us that the bet has been received. The bet will be deemed to be validated when a confirmation message appears on the screen.
- All bets will be considered validly placed if your username and password have been entered correctly, subject to availability of funds in your account.
- You are responsible and liable for all activities and transactions that take place through the use of your name, account number, username, password (or any combination thereof) regardless of whether such transactions were authorized by you.
- You are solely responsible for ensuring that the details of your bets are correct. Once your bets have been placed and their acceptance confirmed by us they may not be cancelled, revoked or changed and shall be deemed to be conclusive evidence of the bets that you have placed.
- All bets are logged and recorded in 396 Club's transaction log database and are conclusive evidence of all transactions and times at which the transactions are placed.
- All bets will be deemed valid and accepted by www.396 Club.com when confirmation is displayed in your transaction history statement.
- Except for "in play" bet type, all bets placed after the commencement of an event will be deemed invalid. 396 Club reserves the right to void such wagers placed.
- All bets will be deemed invalid where the outcome of an event is known at the time of placement of your bet. 396 Club reserves the right to void such wagers placed.
- Advertised start times, red cards, scores and or any information displayed on the Website(s) are for information purposes only.
- The result of a match or event will be determined on the day of its conclusion for betting purposes unless otherwise stated within the rules for each sport or event. Any subsequent enquiry that may result in an overturned decision will not be recognized by 396 Club after 72 hours from the processing of results. Within 72 hours after results are processed, 396 Club will only reset / correct the results due to human error or mistakes on the referring website.
- If the venue for a sporting event is changed, all bets placed based on the original venue will be null and void, except for games played on neutral ground.
- The winner of an event or game will be determined on the date of the event's conclusion according to the Games rules.
- 396 Club does not recognize suspended games, protests or overturned decisions for betting purposes.
- Should you include a non-runner or void selection in a multiple bet, the potential payout will be adjusted according to the remaining valid selections.
- You acknowledge and accept that all prices and odds are subject to variation and only become fixed at the time a bet is placed.
- Where a manifest error, mistake or system failure results in an incorrect odd, line or handicap taken in a bet, the bet, or that part of the bet if it is a multiple bet/parlay will be null and void.
- Simultaneously placed bets on one event will not be accepted.
- The decision of 396 Club is final in respect of any bet and the associated transactions therewith.
- You fully accept and agree that random number generator ("RNG") software will determine the shuffling and dealing of cards and other randomly generated events required in the Games.
- You fully accept and agree that WAP internet connection is not absolutely stable. The company is not responsible for any misplaced bets. All bets placed will be based on the bet records in our system. If you are unsure about any of the bets you have placed, please contact our customer service team or check your bet record in your account statement.
SETTLEMENT OF TRANSACTIONS
To use a credit or debit card, the cardholder's name must be the same as the name given in the registration process. 396 Club reserves the right to withhold settlement of any transaction should there be discrepancies between the cardholder's name and the name given in the registration process.
You are responsible for paying all monies owed to 396 Club and/or other members. In respect of any payment made by you, if we suspect that you have engaged or attempted to engage in fraudulent, unlawful, dishonest or improper activity whilst using the Site, including without limitation, engaging in game manipulation using stolen credit cards, or any other fraudulent activity (including any chargeback, other reversal of a payment, or money laundering) 396 Club shall be entitled to take such action as it sees fit, including immediately blocking access to the Site, suspending and/or closing your account, seizing all monies held in your 396 Club account and sharing this information (together with your identity) with other online gaming sites, financial institutions, relevant authorities and/or any person or entity that has the legal right to such information. 396 Club may also take legal action against you. Any expenses incurred by 396 Club shall be claimed from you.
In accordance with the laws of the Isle of Man all online gambling debts are enforceable by law.
The maximum amount that can be won by one customer in any one day of betting, regardless of the stake, is USD$500,000 or its equivalent in an accepted currency.
Winnings are exclusive of bet amount. Where selections taken from different categories are combined in multiple or accumulative bets the lowest maximum winnings limit will apply.
Should funds be credited to your account in error, it is your responsibility to notify 396 Club of the error without delay. Any winnings subsequent to the error and prior to the notification of 396 Club, whether linked to the error or not, shall be deemed invalid and must be returned to 396 Club.
WITHDRAWAL OF MONEY FROM YOUR ACCOUNT
Your winnings will be credited to your account and may only be withdrawn in accordance with our Terms & Conditions and upon provision of a copy of valid photographic identification and/or credit/debit card to our satisfaction.
We will not release your funds under any circumstances if the full value of your deposit is not played through in full.
Withdrawals of money from your account may only be made in the same currency in which deposits were made.
All bank charges that 396 Club incurs arising in connection with any of your betting transactions shall be reimbursed by you. 396 Club is entitled to deduct and offset the foregoing from the winnings payable to you or from your account as the case may be.
All deposit are required to meet at least 1(One) time the rollover amount of the deposit before any withdrawal are to be made. Example Deposit = MYR 100 Rollover requirement = MYR 100 x 1 = MYR 100
Bonuses may only be used in the Games as may be specified when the Bonus is offered to you. Acceptance of any Bonus shall be in accordance this Agreement.
You are not entitled to withdraw any Bonus amounts and you may not take cash to fund your account without first complying with the applicable terms including, without limitation, in respect of any qualifiers or restrictions.
396 Club reserves the right, without any liability to you or any other party, to withdraw or modify such bonuses or promotions and/or the specific terms and conditions governing the same at any time.
DISCLAIMERS AND LIMITATION OF LIABILITY
Any participation in the Games is at your sole option, discretion and risk. By playing the Games, you acknowledge that you do not find the Games or Services to be offensive, objectionable, unfair, or indecent in any way.
Some legal jurisdictions have not addressed the legality of online and offshore online gambling while others have specifically made online and/or offshore gambling illegal. We do not intend that anyone should use the Site and/or the Services where such use is illegal. The availability of the Services and the Site should not be construed as an offer, solicitation or invitation by us to use the Site in any country in which such use is illegal. It is your sole responsibility to ensure that at all times you comply with the laws that govern you and that you have the complete legal right to use the Site and the Services.
Under no circumstances, including negligence, shall 396 Club be liable for any damages or losses, without limitation, that are deemed or alleged to have resulted from or caused by the Site or its content, including without limitation delays or interruptions in operation or transmission, communications, lines failure, any person's use or misuse of the site or its content, or any errors or omissions in content.
396 Club disclaims any and all warranties, representations and responsibilities in respect of any aspect of the Services, the Site and the Information, which may be provided by third parties, including but not limited to information and telecommunication providers, and shall not on any account be liable for any default, breach or inaction of such third party partners.
Under no circumstances, including negligence, shall 396 Club, our related corporations, affiliates, partners, officers, employees and agents be responsible or liable for any damages, losses or expenses, including without limitation direct, indirect, consequential or special damage or economic loss arising from or in connection with your access or use of the Services, the Site, the Software and the Information, or your loading, installation or use of the Software regardless of whether 396 Club has been advised of such a possibility or not.
You acknowledge that part or all of the Information may be provisional in nature and may be subject to revision, change or modification, as provided in these Terms & Conditions. You therefore acknowledge that the Information is provided solely for reference and does not constitute advice or solicitation, and is not the subject of, and shall not constitute the basis of any binding representation, warranty, contractual obligation, or reliance on your part of any nature.
You hereby acknowledge and agree that all disclaimers and exclusions of liability contained in this Agreement represent a fair and reasonable allocation of the risks and benefits of the Agreement, taking all relevant factors into consideration, including without limitation the value of the consideration provided by you to 396 Club. You further agree that these disclaimers and limitations shall be enforceable to the extent permitted by applicable law.
If there is a discrepancy between the result showing on your Device and our server, the result showing on our server shall govern the result of the Game. Moreover, you understand and agree that (without prejudice to your other rights and remedies) the 396 Club records shall be the final authority in determining the terms of your participation in the Games, the activity resulting there from and the circumstances in which they occurred.
396 Club disclaims any and all warranties, expressed or implied, in connection with the Services which are provided to you "as is" and we provide you with no warranty or representation whatsoever regarding its quality, fitness for purpose, completeness or accuracy.
Regardless of our efforts to provide you with service of the highest quality, safety and security, we make no warranty that the Services will be uninterrupted, timely or error-free, that defects will be corrected or that the Services found therein shall be free from viruses or bugs.
396 Club reserves the right to suspend, discontinue, modify, remove or add to the Services, temporarily or permanently, in its absolute discretion with immediate effect and without an obligation to provide you with notice and we shall not be liable in any way whatsoever for any loss suffered as a consequence or any decision made by 396 Club in this regard.
TERMINATION, ACCOUNT CLOSURE OR FORFEITURE
396 Club reserves the right, in its sole discretion, to void any winnings and forfeit any balance in your betting account, to terminate the Agreement and/or to suspend the provision of the Services/deactivate your account if:
- we identify that you have more than one account with us;
- you are in breach of herein, the provision of the Services any term of this Agreement;
- we are aware that you have played at any online gaming site or services and are suspected of fraud, collusion (including in relation to charge-backs) or unlawful or improper activity;
- your registration information is incorrect or misleading;
- you failed to provide the identification information requested;
- you are not of legal age;
- you have "charged back" or caused a "charge back" against us or denied any of the purchases or deposits that you made to your account;
- you have allowed (intentionally or unintentionally) someone else to use your account;
- you are depositing money originating from criminal or other illegal or unauthorized activities;
- you fail to disclose that you are located in Hong Kong, the Netherlands, Philippines, Singapore, Switzerland, Taiwan, Turkey and United States of America;
If the provision of the Services is suspended and/or your account is deactivated in accordance to the terms herein, the provision of the Services will only be reinstated and/or your account reactivated after the necessary rectification (if capable of being rectified) action has been taken by you and such rectification has been verified to our full satisfaction.
396 Club retains authority over the issuing, maintenance and closing of user's accounts. The decision of 396 Club's management as regards to any aspect of your account, use of the Services or the Site, is final and shall not be open to review or appeal. We therefore reserve the right to close your account at any time for any reason. We will give you reasonable notice before doing so, unless circumstances dictate that we legally or practically cannot do so.
BREACH OF AGREEMENT AND INDEMNITY
Without prejudice to any other rights, if you breach in whole or in part any provision contained herein, 396 Club reserves the right to take such action as it sees fit, including terminating this Agreement, immediately blocking your access to the Services and the Site, terminating your account with 396 Club, seizing all monies held in the relevant 396 Club account and/or taking legal action against you.
You agree to fully indemnify, defend and hold harmless 396 Club and its shareholders directors, employees, officers, licensees, licensors, affiliates and subsidiaries from and against all claims, demands, liabilities, damages, losses, costs and expenses, including legal fees and any other charges whatsoever, however caused, that may arise as a result of:
- your breach of the Agreement, in whole or in part;
- violation by you of any law or any third party rights; and
- Use by you of the Services and/or the Site or use by any other person accessing the Services and/or the Site using your login details, whether or not with your authorisation.
The Game rules and any other terms and conditions governing the use of and access to the Services and the Site shall form an integral part of the Agreement.
In the event that there is any conflict between the provisions of the Games rules, any other terms and conditions governing the use of and access to the Services and the Site and the Agreement, unless expressly provided otherwise, the Games rules shall prevail.
The Agreement and any matters relating hereto shall be governed by, and construed in accordance with, the laws of the Isle of Man. Each party irrevocably agrees that the relevant courts of the Isle of Man shall have the exclusive jurisdiction in relation to any claim, dispute, or difference concerning the Agreement and any matter arising therefrom and irrevocably waives any right that it may have to object to an action being brought in those courts, or to claim that the action has been brought in an inconvenient forum, or that those courts do not have jurisdiction.
The English language version of this Agreement shall be the prevailing version in the event of any discrepancy between any translated versions of this Agreement.
If a provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect the validity or enforceability in that jurisdiction of any other provision hereof or the validity or enforceability in other jurisdictions of that or any other provision hereof.
The headings in this Agreement are for convenience of reference only and do not affect the construction or interpretation of any provision.
If 396 Club fails or delays the performance of any obligation under the Agreement due to the reasons of the occurrence of events which are beyond 396 Club's control, including, but not limited to Acts of God, Government restrictions, wars, insurrections, transmission or system failures, failure or interruption in the provision of telecommunications or broadband services and failure or shortage of power supplies or equipment, such failure or delay does not constitute a breach of the Agreement.
Neither failure nor delay on the part of 396 Club to exercise any right, remedy, power or privilege hereunder shall operate as a waiver thereof, or of the exercise of any other right, remedy, power or privilege.
396 Club reserves the right to assign this agreement, in whole or in part, at any time without notice. You may not assign any of your rights or obligations under this Agreement.
Nothing in this Agreement shall create or confer any rights or other benefits in favour of any third parties not party to this Agreement.
Nothing in this Agreement shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship or joint venture between 396 Club and you.
This Agreement constitutes the entire understanding and agreement between 396 Club and you regarding the Services and the Site and supersedes any prior agreement, understanding or arrangement between 396 Club and you.