Terms & Conditions

Effective Date: (13th November, 2024)

Please read these Terms & Conditions ("Terms") carefully before accessing or using our website, tablet, or mobile applications (collectively, the "Platform") and our services or products (the "Services"). By accessing or using the Platform and Services, you agree to be bound by these Terms. If you do not agree to these Terms, please discontinue your use of the Platform and Services immediately.

1. Introduction
These Terms constitute a legally binding agreement between you ("User," "you," or "your") and Promotioncodes.co.za ("Company," "we," "us," or "our"). We may update these Terms from time to time to reflect changes in our Services or legal obligations. We will notify you of any significant changes at least 30 days before they become effective, either by email or by posting a notice on the Platform. Your continued use of the Services after the effective date of the changes constitutes your acceptance of the revised Terms.

2. Eligibility and Legal Age

2.1 Age Requirement
You must be at least 21 years old to access or use our Platform and Services. By accessing or using the Platform and Services, you represent and warrant that you are at least 21 years old and that you have the legal capacity to enter into a binding contract.

2.2 Compliance with Laws
You are responsible for ensuring that your use of the Platform and Services is lawful in your jurisdiction. Access to our Services may be restricted in certain jurisdictions, and it is your responsibility to comply with all local laws and regulations.

2.3 Age Verification
We implement robust age verification procedures to prevent underage gambling. If we discover that you are under 21 or have provided false information regarding your age:
  • We will immediately suspend or terminate your account.
  • Any bets placed will be voided.
  • Funds deposited may be forfeited.
  • We may report the matter to the relevant authorities.

2.4 Legal Consequences
Engaging in gambling activities under the age of 21 is a criminal offence. We reserve the right to take legal action against individuals involved in underage gambling.

3. Responsible Gambling
We are committed to promoting responsible gambling to ensure that our users enjoy our Services safely and responsibly.

3.1 Self-Assessment Tools
We provide self-assessment tools to help you evaluate your gambling habits and identify potential risks associated with problem gambling.

3.2 Deposit Limits
You have the option to set daily, weekly, or monthly deposit limits on your account to manage your gambling activities effectively.

3.3 Self-Exclusion
You may request self-exclusion from our Services for a specified period or indefinitely. During the self-exclusion period, you will not be able to access your account or use our Services.

3.4 Support Organizations
If you believe you may have a gambling problem, we encourage you to seek help from professional organizations such as:
  • Problem Gambling Ireland 
  • Gamblers Anonymous Ireland 

3.5 Guidelines for Responsible Gambling
  • Set Limits: Determine your time and monetary limits before you start gambling.
  • Stay Balanced: Ensure that gambling does not interfere with your personal relationships or responsibilities.
  • Don't Chase Losses: Accept losses as part of the game and avoid trying to recover them through continued gambling.
  • Know the Signs: Be aware of signs of problem gambling, such as neglecting responsibilities or feeling anxious when not gambling.
  • Seek Help: Contact professional organizations if you suspect you have a gambling problem.

4. Privacy and Data Protection
Your privacy is important to us. We are committed to protecting your personal data in compliance with the General Data Protection Regulation (GDPR) and the Data Protection Act 2018.

4.1 Lawful Basis for Processing
We process your personal data based on:
  • Consent: When you provide consent for specific purposes.
  • Contractual Necessity: To perform our contract with you and provide the Services.
  • Legal Obligations: To comply with legal and regulatory requirements.

4.2 Data Subject Rights
You have the following rights regarding your personal data:
  • Right of Access: Request access to your personal data.
  • Right to Rectification: Request correction of inaccurate or incomplete data.
  • Right to Erasure: Request deletion of your data under certain circumstances.
  • Right to Restrict Processing: Request to limit the processing of your data.
  • Right to Data Portability: Receive your data in a structured, commonly used, and machine-readable format.
  • Right to Object: Object to processing based on legitimate interests or direct marketing.

4.3 Data Protection Officer
We have appointed a Data Protection Officer (DPO) to oversee compliance with data protection laws. For any data protection inquiries, please contact our DPO as specified in Section 30.

4.4 Privacy Policy
Please refer to our Privacy Policy for detailed information on how we collect, use, store, and protect your personal data, as well as your rights and how to exercise them.

5. Cookies and Tracking Technologies
We use cookies and similar tracking technologies to enhance your experience on our Platform.

5.1 Consent Requirements
In accordance with the ePrivacy Regulations 2011 (S.I. No. 336 of 2011), we obtain your explicit consent before placing non-essential cookies on your device.

5.2 Cookie Policy
Our Cookie Policy  provides detailed information about:
  • Types of cookies we use.
  • Purposes for which we use cookies.
  • How you can manage your cookie preferences.

5.3 Managing Cookies
You can manage your cookie preferences at any time through:
  • Our Platform settings.
  • Your browser settings.

6. Our Services
Our Services enable you to:
  • Browse casino betting events and odds.
  • Place bets with selected gambling operators ("Third-Party Bookmakers & Casinos") who hold the required gambling licenses.

6.1 Third-Party Bookmakers
When you click on any odds or offers on our Platform, you are:
  • Redirected to the Third-Party Bookmakers' websites.
  • Or connected to their betting API services.

Please note:
  • We do not act as your agent or on behalf of the Third-Party Bookmakers.
  • We provide the Platform and Services to facilitate your access to Third-Party Bookmakers.
  • We do not endorse or guarantee the services provided by Third-Party Bookmakers.

6.2 Security and Reliability
  • We display Third-Party Bookmakers that meet our criteria for security and reliability.
  • However, we do not control or guarantee the availability or accuracy of their services.
  • You should review the terms and policies of Third-Party Bookmakers before engaging with them.

6.3 Independent Regulation
An independent industry regulator, the Independent Betting Adjudication Service (IBAS), is available to resolve betting disputes. For more information, please visit the respective bookmakers' websites.

7. Bet Placement

7.1 Accuracy of Information
  • We receive odds directly from Third-Party Bookmakers and strive to ensure that the information is up-to-date and accurate.
  • All odds displayed are the responsibility of the Third-Party Bookmakers.
  • We do not guarantee the availability, accuracy, or completeness of the odds or related information.

7.2 User Responsibility
  • Before placing a bet, you must ensure that all your bet details are correct.
  • You are solely responsible for all activities that occur under your account.
  • If you have any questions or concerns regarding a bet, you should contact the relevant Third-Party Bookmaker directly.

7.3 Terms of Third-Party Bookmakers
  • Each bet you place is subject to the terms and conditions of the respective Third-Party Bookmaker.
  • You should familiarize yourself with their terms before placing a bet.

7.4 Error-Settling Procedures
  • Incorrect Price: If an obvious error in pricing is identified, bets will be settled in accordance with the Third-Party Bookmaker's terms.
  • Incorrect Fixture, Participant, or Market: If an error is identified in the event details, the stake may be returned or the bet voided at the Third-Party Bookmaker's discretion.

8. User Conduct and Acceptable Use

8.1 Acceptable Use
You agree to use the Platform and Services in accordance with these Terms and all applicable laws and regulations.

8.2 Prohibited Activities
You must not:
  • Engage in any unlawful or fraudulent activities.
  • Transmit any defamatory, offensive, or otherwise objectionable material.
  • Interfere with or disrupt the integrity or performance of the Platform or Services.
  • Attempt to gain unauthorized access to any part of the Platform or Services.
  • Use the Platform or Services for any purpose that is illegal or prohibited by these Terms.

8.3 Consequences of Breach
If you violate these Terms or engage in prohibited activities, we may:
  • Suspend or terminate your access to the Platform and Services.
  • Report your activities to law enforcement or regulatory authorities.
  • Pursue any other remedies available under applicable law.

9. Intellectual Property Rights

9.1 Ownership
All content on the Platform, including text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of the Company or its content suppliers and is protected by Irish and international copyright laws.

9.2 License to Use
We grant you a limited, non-exclusive, non-transferable license to access and use the Platform and Services for personal, non-commercial purposes in accordance with these Terms.

9.3 Restrictions
You must not:
  • Reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Platform, except as permitted by these Terms.
  • Remove, alter, or obscure any copyright, trademark, or other proprietary notices.

9.4 User-Generated Content
If you submit content to the Platform:
  • You grant us a non-exclusive, royalty-free, perpetual, worldwide license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content.
  • You represent and warrant that you have the right to grant such a license and that the content does not infringe any third-party rights.

10. Limitation of Liability

10.1 Non-Excludable Liability
Nothing in these Terms excludes or limits our liability for:
  • Death or personal injury caused by our negligence.
  • Fraud or fraudulent misrepresentation.
  • Any other liability that cannot be excluded or limited under Irish law.

10.2 Exclusion of Liability
To the fullest extent permitted by law, we shall not be liable for:
  • Any indirect, incidental, special, consequential, or punitive damages.
  • Loss of profits, revenue, business, data, or goodwill.
  • Any loss or damage arising from:
     - Your use of or inability to use the Platform or Services.
     - Errors or inaccuracies in the content.
     - Third-party content, including websites linked to from the Platform.
     - Any actions or omissions of Third-Party Bookmakers.
     - Losses or injuries resulting from any clicks out of this website to another third party.

10.3 Fairness and Reasonableness
We believe that the limitations of liability set out in these Terms are reasonable and reflect the nature of our Services.

11. Indemnification
You agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, liabilities, damages, losses, expenses, or costs (including reasonable legal fees) arising from:
  • Your breach of these Terms.
  • Your violation of any law or the rights of any third party.
  • Your use of the Platform or Services.
  • Any losses or injuries resulting from clicks out of this website to another third party.
  • Any actions taken by third-party websites accessed through links on the Platform.

This indemnification obligation survives the termination of these Terms and your use of the Platform and Services.

12. Third-Party Links

12.1 Links to Third-Party Websites
Our Platform may contain links to websites or resources operated by third parties. These links are provided for your convenience only.

12.2 Disclaimer of Responsibility
We have no control over the content, policies, or practices of third-party websites and accept no responsibility for them. Your use of third-party websites is at your own risk.

12.3 Due Diligence
We make reasonable efforts to ensure that links to third-party websites do not lead to illegal or harmful content. If you encounter inappropriate content, please notify us immediately as specified in Section 30.

13. Governing Law and Jurisdiction

13.1 Governing Law
These Terms and any disputes arising out of or in connection with them are governed by the laws of Ireland.

13.2 Jurisdiction
You agree to submit to the exclusive jurisdiction of the courts of Ireland. However, this does not affect any statutory rights you may have as a consumer to bring proceedings in your country of residence.

14. Dispute Resolution

14.1 Initial Resolution
If you have a dispute with us, you should first contact us to seek a resolution within 30 days of the issue arising, as specified in Section 30.

14.2 Alternative Dispute Resolution
If the dispute cannot be resolved informally, you may refer the matter to an Alternative Dispute Resolution (ADR) entity:
  • Online Dispute Resolution (ODR) Platform: You may use the European Commission's ODR platform at http://ec.europa.eu/odr.

14.3 Legal Proceedings
Nothing in these Terms prevents you from initiating legal proceedings in the courts.

15. Anti-Money Laundering and Financial Transactions
We comply with the Criminal Justice (Money Laundering and Terrorist Financing) Acts 2010 to 2021 and other applicable laws.

15.1 Customer Due Diligence
  • We are required to verify the identity of our customers.
  • You may be asked to provide documentation such as a passport, driver's license, or utility bill.

15.2 Reporting Obligations
  • We are obligated to report any suspicious transactions or activities to the Financial Intelligence Unit (FIU) Ireland.
  • We may suspend or terminate accounts involved in suspicious activities.

15.3 Payment Services Compliance
  • We comply with the European Union (Payment Services) Regulations 2018.
  • We use secure and regulated payment service providers.

16. Marketing and Promotions
All marketing communications comply with the Advertising Standards Authority 

16.1 Clear Terms
  • Promotional offers will have clear and unambiguous terms and conditions.
  • Eligibility requirements and applicable restrictions will be stated.

16.2 No Misleading Claims
  • We avoid misleading or exaggerated claims in our marketing communications.
  • All representations are accurate and verifiable.

16.3 Availability
  • Promotions are subject to availability.
  • You should verify that a promotion is still valid and that you are eligible before participating.

17. Intellectual Property Compliance
We adhere to the Copyright and Related Rights Act 2000 and other applicable laws.

17.1 Third-Party Content
  • We ensure that we have the necessary licenses and permissions for any third-party content used on our Platform.
  • If you believe that any content on our Platform infringes your intellectual property rights, please contact us as specified in Section 30.

17.2 User Obligations
  • You must not upload or transmit any content that infringes the intellectual property rights of others.
  • You are responsible for any content you submit and must ensure it complies with these Terms.

18. Company Information
As required by the Companies Act 2014 and related regulations, we provide the following information:
  • Contact Information: See Section 30

19. Amendments to Terms

19.1 Notice Period
We will provide at least 30 days' notice before making significant changes to these Terms.

19.2 User Consent
  • Your continued use of the Platform and Services after changes become effective constitutes your acceptance of the new Terms.
  • For substantial changes, we may seek your express consent.

19.3 Notification Method
  • We will notify you of changes via email or through a notice on the Platform.

20. Force Majeure

20.1 Definition
A force majeure event includes, but is not limited to, acts of God, war, terrorism, civil unrest, strikes, natural disasters, or any other events beyond our reasonable control.

20.2 Limitation of Liability
We are not liable for any failure or delay in performing our obligations under these Terms if such failure or delay is due to a force majeure event.

21. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable. The remaining provisions shall remain in full force and effect.

22. Gambling License and Regulation

22.1 Licensing Information
As a marketing website with no ability to accept customer funds we are currently not licensed by any authority.

23. Consumer Rights
Nothing in these Terms affects your statutory rights under Irish consumer protection laws.

24. User Conduct and Acceptable Use

24.1 Fair Usage Policy
You agree to:
  • Use the Platform and Services in good faith.
  • Comply with these Terms and all applicable laws and regulations.

24.2 Prohibited Activities
You must not:
  • Engage in money laundering, fraud, or other illegal activities.
  • Use the Platform for unauthorized or unlawful purposes.
  • Provide false or misleading information.

24.3 Consequences of Misuse
Violations may result in:
  • Suspension or termination of your account.
  • Forfeiture of winnings or account balances.
  • Legal action.

25. Legal Age Confirmation

25.1 Declaration
During registration, you must:
  • Confirm that you are at least 21 years old.
  • Provide accurate and truthful information.

25.2 Age Verification
  • We use age verification systems to confirm your age.
  • We may request additional documentation to verify your identity.

25.3 Parental Controls
  • Parents and guardians are advised to use parental control software to prevent underage access to our Platform.
  • We recommend tools such as Net Nanny, CyberPatrol, or SafeKids.

26. Accessibility
We are committed to ensuring that our Platform is accessible to all users, including those with disabilities, in compliance with the Equal Status Acts 2000-2018.

26.1 Assistance
  • If you experience any difficulties accessing our Platform, please contact us for assistance as specified in Section 30.
  • We will make reasonable efforts to accommodate your needs.

27. Complaints Procedure

27.1 How to Complain
If you have a complaint, please contact us as specified in Section 30.

27.2 Information Required
  • Provide your full name and contact details.
  • Describe the nature of your complaint in detail.
  • Include any relevant account or transaction information.

27.3 Acknowledgment
  • We will acknowledge your complaint within 2 business days.

27.4 Resolution Timeframe
  • We aim to resolve complaints within 10 business days.
  • If we cannot resolve your complaint within this timeframe, we will inform you of the reasons and provide an estimated resolution date.

27.5 Escalation
  • If you are not satisfied with our response, you may request that the complaint be escalated to a senior manager.
  • You may also contact the relevant regulatory authority or an Alternative Dispute Resolution (ADR) entity.

28. Termination

28.1 Our Right to Terminate
We may suspend or terminate your access to the Platform and Services at any time, with or without notice, for any valid reason, including but not limited to:
  • Breach of these Terms.
  • Suspected fraudulent or illegal activity.
  • Compliance with legal or regulatory requirements.

28.2 Consequences of Termination
Upon termination:
  • Your right to use the Platform and Services ceases immediately.
  • Any pending bets may be voided at our discretion.
  • We may withhold any funds pending investigation.

28.3 Your Right to Terminate
You may close your account at any time by contacting us as specified in Section 30. Upon account closure:
  • You must cease all use of the Platform and Services.
  • Any outstanding obligations under these Terms survive termination.

29. Miscellaneous

29.1 Entire Agreement
These Terms, along with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and us regarding your use of the Platform and Services.

29.2 Amendments and Waivers
  • Any amendment to these Terms must be in writing and signed by us.
  • Failure to enforce any provision of these Terms does not constitute a waiver of that provision.

29.3 Assignment
  • You may not assign or transfer your rights or obligations under these Terms without our prior written consent.
  • We may assign or transfer our rights and obligations under these Terms without your consent.

29.4 No Partnership or Agency
Nothing in these Terms is intended to create any partnership, agency, or joint venture between you and us.

29.5 Third-Party Rights
These Terms do not confer any rights on any third party.

29.6 Language
These Terms are drafted in English. If they are translated into another language, the English version prevails in the event of any inconsistencies.

30. Contact Information
If you have any questions, concerns, or comments about these Terms or need to contact us for any reason, please use our contact form to get in touch with our company, editorial team or Data Protection Officer. 
BD