as the ‘ToU’) constitute and govern the relationship between ‘Provider’
(defined bellow) and all parties who access the Website (defined hereunder) and
make use of its features and contents in any manner (hereafter referred to as
Collectively the Provider and the
Visitors shall be referred to as the ‘Parties’.
The use of any or all of the features and
services offered by the Provider on Protips2U.com website and its mobile
applications (hereafter referred to as the ‘Website’) and the information,
materials and links contained therein, is subject to the ToU as set out below.
Unless otherwise agreed by the Provider in writing, the ToU constitute the
entire relationship between the Provider and the Visitor in its use of the
Website including any or all of its functions on offer by the Website.
The Visitor has the duty to read
carefully and understand the ToU before using the Website. A Visitor who has
viewed the Website is considered to have read, understood and agreed to be
bound by the ToU, without the need for any further act.
The Provider hereby reserves the right to
suspend, add, end, amend and/or supplement these ToU from time to time as it
may deem appropriate.
The Provider recommends that the Visitor
reads carefully the contents of these pages regularly. By using the Website the
Visitor agrees to be bound by the ToU, as well as by the latest modifications
to them, regardless of whether in fact the Visitor is aware of such
The Provider is under no obligation to
verify that all Visitors use the Website according to the last updated ToU. The
effective version of ToU is that which is posted on the Website.
The Website may only be used for lawful
purposes. Use of the Website for transmission, distribution, publication or
storage of any material on or via the Website which is in violation of any
applicable law or regulation or any third party's rights is strictly
prohibited. This includes (without limitation) the use of the Website or the
transmission, distribution, publication or storage of any material on or via
the Website in a matter or for a purpose which infringes copyright, trademark,
trade secret or other intellectual property rights, is obscene or harmful to
minors or constitutes an illegal act or harassment, is libellous or defamatory,
violates any privacy or data protection laws, is fraudulent or breaches any
exchange control or gambling law.
In the event of misuse and/or the abuse
of the Website, the Provider reserves the right to close or block the Visitor
from the Website and close any account registered in the Visitor’s name. The
provider retains the right to bring a lawsuit against the Visitor and at its
The Website provide an interactive web
and mobile application/features containing live sports information in sporting
events, sports scores in real time, final results, fixtures, line ups and
sports statistics. The results, and other statistics information contained on
the Website reflect information provided by other independent sources (from
third parties) or by in-house effort or by various other official websites.
While every effort is made by the Provider to update the content and match
results or other information displayed on the Website regularly, we advise to
double check information gathered on Website also from other sources. The
Provider is not responsible for the Visitor’s use of the results and other
information contained on the Website.
Third party websites
The Visitor acknowledges that any contact
whatsoever made with third parties after viewing the Website, whether intended
or unintended, and any outcome which ensues, is absolutely independent of the
Provider and the Provider is not in any way responsible for any agreement or
expectation and other consequence which ensues as a direct or indirect cause of
Any claim or dispute which may arise
between the Visitor and such a third party shall in no way involve the
Third parties, including any third
parties advertising on the Website do not have access to the Visitors’ Personal
Data and any other data that the Visitor may have given to the Provider.
The Provider is not responsible for the
content of external websites which may be viewed from the Website. All video
content found on the Website is not hosted on the Provider’s servers nor is it
created or uploaded to the host server by the Provider.
If a Visitor has set up an account on the
Website but fails to access it for 60 days, the Provider reserves the right to
close the account with immediate effect and without prior notice.
Without prior authorisation in writing
from the Provider, Visitors are not authorised to copy, modify, tamper with,
distribute, transmit, display, reproduce, transfer, upload, download or
otherwise use or alter any of the content of the Website.
Use of the trademark and related marks of
Protips2U is prohibited and all rights are reserved.
Any breach of the aforementioned clause
may be tantamount to a violation of applicable intellectual property rights
within the European Union and other applicable laws. The Provider and any other
party authorised on its behalf reserves the right to seek damages to the
fullest extent permitted by law against any party committing directly or
indirectly this breach.
Type of Relationship
These ToU are not intended to create any
partnership, agency or joint venture between the Provider and the Visitor.
Breach of Agreement
If the Visitor fails to adhere to any
clause in the ToU or if the Provider reasonably suspect that a Visitor whether
directly or indirectly fails to comply with any clause in the ToU, the Provider
reserves the right, and all remedies at its disposition, and at its sole
discretion, to close or block the Visitor from the Website and close any
account registered in the Visitor’s name and related to it and retains the
right to bring a lawsuit against the Visitor and at its sole discretion.
Visitors are advised to comply with
applicable legislation in the jurisdiction in which they are domiciled and/or
resident and/or present. The Provider does not accept responsibility for any
action taken by any authority against any Visitor in connection with their use
of the Website.
Law & Forum and/or community
This Agreement shall be governed by and
construed in accordance with the laws of the country of Malta without giving
effect to conflicts of law principles. The Parties submit to the exclusive
jurisdiction of the court of the country of Malta for the settlement of any
disputes arising out of concerning this Agreement. This Agreement will not be
governed by the United Nations Convention on Contracts for the International
Sale of Goods, the application of which is expressly excluded.
Headings are intended for clarity and to
facilitate reading of these ToU. They are not intended as a means of
interpretation for the content of the paragraph that follows each heading.
Headings are not intended to bind the Provider in any manner whatsoever.
Any waiver by the Provider of any breach
by any Visitor of any provision of these ToU shall not be considered as a
waiver of any subsequent breach of the same or any other provision of these
Warranties and Representations
It is hereby being specified that the
Provider makes no representation, pledge or warranty (either explicit or
implicit) that the content of the Website is accurate and/or suitable for any
particular purpose other than those warranties which cannot be expressly
excluded under the governing law of these ToU.
Use of the Website is entirely at the
Visitors risk. The Website is not a gaming or gambling website. The Provider of
the Website does not provide gaming or gambling services, therefore it does not
hold or control player funds and it is not involved in any gaming transactions.
Betting odds which are displayed on the Website are part of information and
functions of the Website.
The Provider does not guarantee that any
of the functions provided by the Website are authorised, and that the operation
will fully satisfy the Visitor, that it is entirely secure and exempt from
error, that it is updated regularly, that any software defect is regularly
corrected, that it is uninterrupted, that the Website are virus or bug free, or
that they are continually operational, that they are adequate, that the
information and functions available thereon is reliable, or that all other
information obtained and functions used on the Website are adequate and
reliable. Those who choose to access the Site do so on their own initiative and
are responsible for compliance with local laws, if and to the extent local laws
The Website may contain links and
references to third party websites/adverts/content. These are provided for the
convenience and interest of the Visitor and does not imply responsibility for,
nor approval of, information contained in these websites adverts/content by the
Provider. The Provider gives no warranty, either expressed or implied, as to
the accuracy, availability of content or information, text or graphics which
are not under its domain. The Provider has not tested any software located on
other websites and does not make any representation as to the quality, safety,
reliability or suitability of such software.
Loss or Damage
The Provider is not responsible for any
loss or damage, direct or indirect, that the Visitor or a third party might
have suffered as a result of using the Website, including but not limited to
damages caused by a commercial loss, a loss of benefits, a loss on anticipated
earnings, winnings or other profit, interruption of business, loss of
commercial information, or any other pecuniary and or consecutive loss.
The Provider is not responsible for
winnings made or losses suffered on third party websites which result from the
use of information displayed on the Website.
Without limitation to the generality of
the preceding two clauses, no responsibility is being acknowledged or accepted
hereunder for, inter alia, the following matters:
- mistake(s), misprint(s),
misinterpretation(s), mishearing(s), misreading(s), mistranslation(s), spelling
mistake(s), fault(s) in reading, transaction error(s), technical hazard(s),
registration error(s), manifest error(s), Force(s) Majeure and/or any other
- violation of the Provider’s rules;
- criminal actions;
- advice, in whichever form, provided by
- legal actions and/or other remedies;
- loss or damage that Visitors or third
parties might have suffered as a result of their use of the Website, its
content or that of any link suggested by the Provider;
- loss or damage that Visitors or third
parties might have suffered as a result of any modification, suspension or
interruption of the Website;
- criminal use of the Website or of its
content by any person, of a defect, or omission or of any other factor beyond
- any use made of the Website due to a
third party accessing the private areas requiring login and password by using a
Visitor’s Username and Password;
- in case of discrepancies in the services,
functions and any other feature offered by the Website due to viruses or bugs
as it relates to all parameters that make up the Website, any damage, costs,
expenses, losses, or claims brought about by said discrepancies;
- any act or omission by an internet
provider or of any other third party with whom Visitors may have contracted in
order to have access to the Website. In case of litigation between the internet
provider and Visitors, the Provider cannot be a party to the suit, and such
suit shall in no way affect these ToU;
- and any claim arising as a result of damages
incurred by a Visitor due to the content of any material posted by another
Visitor or other third party not authorised by the Provider on the Website.
Protips2U.com Website and its mobile
applications (hereafter referred to as the ‘Website’) respects the privacy of
all parties viewing and otherwise making use of the Website, hereafter referred
to as the ‘Visitors’, and is committed to protecting their privacy. From time
to time, and only with their prior consent, the Website collects and uses
‘Personal Data’ (defined hereunder) relating to its Visitors in order to
provide them with the services provided by the Website and only for any purpose
which has been expressly stated hereunder.
international Conventions, and EU Directives, as transposed into Maltese law in
Data Protection Act (Chapter 440 of the laws of Malta), the Processing of
Personal Data (Electronic Communications Sector) Regulations (Legal Notice 16
of 2003 inclusive of the later amendments), it adopts Recommendation 2/2001 of
the Article 29 Data Protection Working Party, adopted on 17 May 2001, on
certain minimum requirements for collecting personal data on-line and
implements also any other applicable rules and practices.
Collection of Personal Data
The Website does not collect any Personal
Data when Visitors simply browse the Website. However, the Website does require
that Visitors supply some Personal Data when using additional or advanced
services provided on the Website after the registration. On these occasions the
Website will ask Visitors for their respective consent prior to the collection
and use of the Visitors’ Personal Data. Upon registration or at other times the
Website may ask Visitors to submit their login e-mail address and password.
Visitors are under no obligation to
provide their Personal Data or to permit their Personal Data to be collected by
the Website. However, the Website may not be able to provide the Visitors not
consenting to the collection their Personal Data with all services offered by
Although Visitors may have consented to
the Website our using their respective Personal Data, they are entitled to
subsequently revoke their respective consent by providing the Website with
compelling legitimate reasons.
The Right of Access
Visitors are entitled to request that the
Controller (defined hereunder) provides them with written information on which
of their respective Personal Data it has collected and/or used. A request can
be made by submitting a request in writing to the Controller (defined
The Website undertakes to make all
reasonable efforts to keep the Personal Data collected updated. However
Visitors are invited to inform the Website of any changes to their Personal
Data which is held by the Website.
Visitors who consider that any of their
respective Personal Data is inaccurate, may request the Controller in writing
to correct the data. Visitors also have the right to request the Controller to
block or delete their respective Personal Data if it has been processed
Purposes for the collection and use
of Personal Data
The Personal Data collected by the
Website shall be processed in accordance with the provisions of the Data
Protection Act (Chapter 440 of the Laws of Malta) and subsidiary legislation
enacted there under and solely processed for the purposes of:
Communicating with the Visitors;
Sending Visitors forgotten password to
their respective personal account;
Sending Visitors information which the
Provider thinks they will find useful, including information on products,
services information and commercial / advertising materials on offer by the
Website / advertising materials on offer by third parties the Website cooperate
Providing any advanced services which are
possibility to configure website to some extent;
Improving the content offered by the
Providing Visitors with personalised
Website content and/or layout.
Disclosure of Personal Data to third
The Provider does not sell, trade or rent
or otherwise disclose Personal Data appertaining to Visitors to any third party
without their prior respective consent. However Personal Data would be
disclosed to third parties in the eventuality of a sale of the Website.
The above is without prejudice to any
legal obligation incumbent on the Website to disclose Visitors’ Personal Data
to third parties.
The above is also without prejudice to
disclosures which are absolutely necessary as part of one or more of the
Purposes for collecting and using Personal Data. In this case the Website shall
seek the prior express consent of the Visitors concerned.
The Provider reserves the right to
provide statistics about Visitors, sales, traffic, and other statistical
information relating to the Website to third parties, however, without
identifying any particular Visitor.
In order to better administer the Website
and to collect broad demographic information of Visitors for aggregate use, the
Website automatically logs the IP address of all Visitors and the pages viewed
by each Visitor respectively.
A "cookie" is information
stored on a Visitor’s computer by a web server and used to customise their web
interactions that may be needed later to perform a function. Visitors can
choose not to accept cookies. Once done, kindly do not further use any of the
services provided by the Website.
ads, to provide social media features and to analyse our traffic. We also share
information about your use of our site with our social media, advertising and
analytics partners. See details.
The Website and the Controller have
adopted various measures, both technical and organisational, to help protect
against the destruction, loss, misuse and alteration of Personal Data which has
been collected and used. Notwithstanding these efforts, the Provider cannot
guarantee that such event will not occur.
The period for which Personal Data is
The Personal Data is kept only for the
time period required to meet the purposes for which it was collected. In case
of user account inactivity for 3 years all collected user Personal Data will be
Third party websites
Third party websites are not covered by
convenience of Visitors. The Website is not responsible for the contents
displayed on third party websites and measures they adopt to protect your
privacy. Any other website which Visitors access from the Website may not have
The Visitors’ consent to the collection
and use of their respective Personal Data by the Website and the Controller is
terms and clauses therein and with any amendments which from time to time may
be implemented by the Website.