Terms and Conditions

TERMS AND CONDITIONS FOR THE WILLIAM HILL PRIVATE DEVELOPER PORTAL AND THE WILLIAM HILL PRIVATE DEVELOPER PROGRAMME 


The following terms and conditions (“Terms & Conditions”) are those governing use of the William Hill Private Developer Portal and the William Hill Private Developer Programme.  

The APIs, API Content and API Documentation available under the William Hill Private Developer Portal and William Hill Private Developer Programme enable developers to develop custom applications and sites which integrate with the Operator. 

IMPORTANT NOTICE 

Please read these Terms & Conditions before accessing or using the William Hill Private Developer Portal and before joining the William Hill Private Developer Programme. 

By either using the William Hill Private Developer Portal and/or completing and submitting the application/registration form found on the William Hill Private Developer Portal (which the Developer can locate by clicking https://developer.williamhill.com) to join the William Hill Private Developer Programme and/or by requesting a member of the Developer Programme Team to complete and submit the application registration form on Your behalf, the Developer is deemed to have agreed to be bound by these Terms & Conditions. 

IF YOU DO NOT AGREE WITH THESE TERMS & CONDITIONS (OR ARE NOT AUTHORISED TO DO SO) YOU MUST NOT ACCESS OR USE THE WILLIAM HILL PRIVATE DEVELOPER PORTAL OR JOIN THE WILLIAM HILL PRIVATE DEVELOPER PROGRAMME.

IF YOU HAVE ALREADY JOINED THE WILLIAM HILL PRIVATE DEVELOPER PROGRAMME AND DO NOT AGREE TO THESE TERMS & CONDITIONS, YOU MUST EMAIL WILLIAM HILL AT unsubscribeapi@williamhill.com TO TERMINATE YOUR MEMBERSHIP OF THE WILLIAM HILL PRIVATE DEVELOPER PROGRAMME AND THESE TERMS & CONDITIONS.  IF YOU HAVE ANY QUESTIONS REGARDING THESE TERMS & CONDITIONS PLEASE CONTACT WILLIAM HILL AT apisupport@williamhill.com

IF AT ANY TIME YOU WISH TO REMOVE YOURSELF FROM THE WILLIAM HILL PRIVATE DEVELOPER PROGRAMME YOU SHOULD CONTACT unsubscribeapi@williamhill.com NOTIFYING THE OPERATOR OF YOUR REQUEST TO BE REMOVED FROM THE WILLIAM HILL PRIVATE DEVELOPER PROGRAMME. 

The William Hill Private Developer Portal and William Hill Private Developer Programme is owned and operated by the Operator (defined in clause 1.1 below).  

1. Definitions and Interpretation  

1.1 Definitions  

“Additional Terms” are as defined in clause 2.1; 

 “API” means any application programming interface (including any enhancements, additional functionality, updates or revisions thereof), which is available for use via the William Hill Private Developer Portal and William Hill Private Developer Programme and in accordance with these Terms & Conditions and any Additional Terms; 

“API Content” means any data or other content (including any enhancements, additional functionality, updates or revisions thereof) accessed by You via any API; 

“API Documentation” means any documentation provided on the William Hill Private Developer Portal (excluding any documentation or materials posted by persons other than the Operator or its employees or agents on the William Hill Private Developer Portal, including (without limitation) on any Forum); 

“Company IP” is defined in clause 5.1; 

“Confidential Information” is defined in clause 13.1; 

“Customer Data” is defined in clause 6.7; 

“Database” means any storage medium belonging to the Operator which contains, holds, stores or processes data which is owned or controlled by the Operator, or is licensed to or under the control of the Operator, including (without limitation) any such medium relating to the Operator’s customers or such other data to which the Developer has access by virtue of the William Hill Private Developer Programme; 

“Data Subject” has the meaning set out in the Data Protection Act 1998; 

“Developer” or “You” means you (which may include without limitation any individual, organisation or company who may be a member of the William Hill Private Developer Programme). “Your” shall be construed accordingly; 

“Developer Application” means any application or site developed by the Developer using the APIs, API Content and/or API Documentation; 

“EEA” means European Economic Area;  

“Excluded Territories” are defined in clause 12; 

“Forum” is defined in clause 7.1; 

“Fraud” means any actual or attempted act by the Developer which is reasonably deemed by the Operator to be: (i) illegal in any applicable jurisdiction; (ii) made in bad faith; or (iii) intended to defraud the Operator, the William Hill Private Developer Portal or any of the Sites and/or circumvent any contractual or legal restrictions, regardless of whether such act or attempted act actually causes the Operator, the William Hill Private Developer Portal or any of the Sites any damage or harm. Fraud shall also include, without limitation, violation of laws and regulations; Spamming; false, misleading or unauthorised advertising or representations; and unauthorised use of the Operator or any third party’s intellectual property rights, and “Fraudulent” shall be construed accordingly; 

“Gambling Commission” means the regulator of commercial gambling in Great Britain whose website is at www.gamblingcommission.gov.uk;

“Group” means in relation to any party, a company which is from time to time a subsidiary or the ultimate holding company of that party or another direct or indirect subsidiary of any such ultimate holding company. For the purposes of this definition “subsidiary” and “holding company” have the meaning given to these expressions in section 1159 of the Companies Act 2006 as amended from time to time;

“Intellectual Property Rights” mean patents, utility models, rights to inventions, copyright and neighbouring and related rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world; 

“Licensing Objectives” means the licensing objectives set out in the UK Gambling Act 2005 and as more specifically detailed in clause 5A; 

“Marks” means any logo, trade mark, trade name, design, domain name, insignias or similar identifying material that is owned by, and/or licensed to, the Operator or any of its Group, or that is in relation to the William Hill Private Developer Portal , William Hill Private Developer Programme or any of the Sites; 

“Operator” means WHG (International) Limited, a company registered in Gibraltar with registered company number 99191 and whose registered office is at 6/1 Waterport Place, Gibraltar; 

“Payment Card Information” is defined in clause 6.9;  

“PCI-DSS” means Payment Card Industry Data Security Standards which are put in place from time to time by the PCI Standards Council, details of which are available from www.pcisecuritystandards.org/security_standards/pci_dss.shtml; 

“Personal Information” means any information from which an individual can be personally identified; 

“Process” or “Processing” has the meaning set out under the Data Protection Act 1998; 

“Sites" are any sites or applications, other than the William Hill Private Developer Portal, that are promoted or operated by the Operator and/or any designated third party appointed by the Operator from time to time, and all of their respective pages, sub-pages, subdomains or sections thereof from time to time, and “Site” shall mean any of them; 

“Spam” means emails, messages and forum posts that meet any one or more of the following criteria: (i) unsolicited mailing; (ii) containing false or misleading statements; (iii) not truthfully identifying the source or the originating IP Address and / or the originating email address; (iv) bundles certain software with other software; or (v) inserts icons or causes software download or installation or similar action without the consent of the addressee; and “Spamming” shall be construed accordingly; 

“Submitted or Uploaded Content” means any content submitted or uploaded onto any Forum by You, including (without limitation) any display name, photograph, image, comment, post or other material or information submitted or uploaded by You; 

"Ticketing" is defined in clause 7.0.1;

“Tracking” tracking through which the Operator may use analytics or otherwise track the Developer’s use of any APIs and API Content and the William Hill Private Developer Portal; 

“William Hill Private Developer Portal” means the application programming interface portal operated by the Operator with URL https://developer.williamhill.com, and any page, subpage, subdomain  or section thereof from time to time; and 

“William Hill Private Developer Programme” means the developer programme operated by the Operator via the William Hill Private Developer Portal. 

1.2 References in these Terms & Conditions to "us", "our" or "we" are references to the Operator. 

1.3 Clause headings shall not affect the interpretation of these Terms & Conditions. 

1.4 Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular. 

1.5 A reference to a statute or statutory provision is a reference to such statute or statutory provision as amended, re-enacted or superseded. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended, re-enacted or superseded. 

1.6 In the event that there is any specific conflict or inconsistency between any part of these Terms & Conditions and any Additional Terms, the relevant part of the Additional Terms shall prevail over these Terms & Conditions. 

2 Consideration and appointment to the William Hill Private Developer Programme  

2.1 In consideration of the Operator making available to You the William Hill Private Developer Portal, William Hill Private Developer Programme, APIs and the API Content, You agree that Your access to and use of the William Hill Private Developer Portal, APIs and API Content and membership of the William Hill Private Developer Programme is subject to these Terms & Conditions and that You: (a) agree to the use of electronic communications in order to enter into contracts; and (b) waive any applicable rights or requirements which require a signature by hand, to the extent permitted by any applicable law. 

In addition, You agree to be bound by any other terms and conditions applicable to the APIs and API Content, which have been agreed between You and the Operator in writing (e.g. in relation to any revenue share arrangements) (“Additional Terms”). 

2.2 Appointment as a member of the William Hill Private Developer Programme will occur only once the Operator has received and approved Your completed application/registration form. Approval shall be at the Operator’s sole discretion. 

3 Additional Terms  

3.1 You acknowledge that: 

3.1.1 use of any API; 

3.1.2 use of any API Content; and

3.1.3 use of certain parts of the William Hill Private Developer Portal, 

may be subject to any Additional Terms; and 

3.1.4 the APIs and API Content available to You for use via the William Hill Private Developer Programme shall be as determined by the Operator in its sole discretion and may be subject to change from time to time. 

4 Licence  

4.1 Subject to any limitations or restrictions as set out in these Terms & Conditions, the Operator hereby grants to the Developer a personal, non exclusive, revocable, non-transferable licence, for the term of these Terms & Conditions, to use: 

4.1.1 APIs; 

4.1.2 API Content; and 

4.1.3 API Documentation, 

solely for the purpose of development of Your applications or sites which are for the benefit of the Operator and provided that You have been approved as a member of the William Hill Private Developer Programme by the Operator. 

 4.2 The licence granted under clause 4.1 shall not be sub-licensed, assigned, sold or otherwise transferred by the Developer without the Operator’s prior written approval. The Developer’s right to use the APIs, API Content and API Documentation is limited to and arises only out of the licence herein granted. The Operator has the right to terminate this licence (in whole or in part) at any time by providing written or electronic notification to the Developer. This licence will be terminated automatically upon the termination of these Terms & Conditions for any reason. 

4.3 The Developer acknowledges that: 

4.3.1 the APIs and API Content may be provided to the Operator by a third party and the API Documentation may contain third party intellectual property; 

4.3.2 the APIs, API Content, API documentation and any content, materials or other information posted by the Operator on any Forum or otherwise on the William Hill Private Developer Portal are provided on an “as is” basis and without warranty as to fitness for purpose or accuracy. 

4.3.3 The Developer shall not: 

4.3.3.1 assert the invalidity or unenforceability, or otherwise contest the ownership of the APIs, API Content, API Documentation, the Marks, William Hill Private Developer Portal ,the William Hill Private Developer Programme or any of the Sites in any action or proceeding of whatever nature; 

4.3.3.2 take any action that may prejudice the Operator, the APIs, API Content, API Documentation, the Marks, the William Hill Private Developer Portal or the William Hill Private Developer Programme or any of the Sites; 

4.3.3.3 do any act or omit to do any act which may invalidate or weaken the validity of the APIs, API Content, API Documentation, the Marks, the William Hill Private Developer Portal or the William Hill Private Developer Programme or any of the Sites or diminish any associated goodwill; 

4.3.3.4 register or attempt to register any logo, trade mark, trade name, insignia, design, domain name or similar identifying material that contain the Marks or are confusingly similar to or are comprised of any of the Marks; 

4.3.3.5 register or attempt to register domain names which are similar or confusingly similar to the Marks, Sites, William Hill Private Developer Portal, William Hill Private Developer Programme, the Operator’s name, or any other associated brands or companies, including (for the avoidance of doubt) any misspellings of the domain names of any of foregoing (commonly known as ‘typo-squatting), or any phonetics of any of the foregoing; or 

4.3.3.6 use or permit the use of the APIs or API Content to obtain a commercial, financial or other advantage over the Operator or otherwise use it to the Operator’s detriment.  

4.3.4 In the event that the Developer does register any domain name referred to in clause 4.3.3.5, it will on demand by the Operator, immediately transfer any such domain name to the Operator or to a third party elected by the Operator at the Developer’s cost. 

4.3.5 The Developer shall not place, purchase or register ‘pre-click’ bids, keywords, search terms or any other identifiers for use in any search engine, portal, sponsored advertising service or other search or referral service which are identical, are similar or otherwise resemble any of the Marks, Sites, William Hill Private Developer Portal or William Hill Private Developer Programme. This includes, and is not limited to, any words containing, or derived from, the names of the Marks, Sites, William Hill Private Developer Portal or William Hill Private Developer Programme or the brands used on them, and any typo errors or phonetics of them. 

4.3.6 The Developer shall immediately cease to use all or any APIs, API Content and/or API Documentation or materials otherwise available on the William Hill Private Developer Portal upon being notified to do so by the Operator at any time during these Terms & Conditions. The Operator reserves the right to suspend the Developer’s William Hill Private Developer Programme account including (without use of all or any APIs, API Content and/or API Documentation) at any time during these Terms & Conditions. 

5 Reservation of IP Rights  

5.1 The Developer acknowledges and agrees that: a) the Operator is the sole and exclusive owner of all Intellectual Property Rights, including, without limitation, copyrights, in any marketing methods, campaigns, slogans, techniques, developer arrangements, trade names, trademarks, brand names, domain names, graphics and designs used by the Operator in connection with the Sites, William Hill Private Developer Portal and William Hill Private Developer Programme (“Company IP”); and b) the Operator is entitled to use the same in any way or manner at its sole discretion; and it is entitled to maintain such Company IP confidential and withhold its disclosure to the Developer unless the Operator agrees otherwise. 

5.2 The Developer acknowledges and agrees that the Operator is the sole and exclusive owner of its Database, and that the Developer shall not make any direct or indirect use of such Database, nor retain a copy in any form or manner whatsoever of the Database, or market any goods or services to any person whose details appear in the Database (including the transfer of such details to any third party), unless that person’s information is in the Developer’s possession or known by it prior to the execution of these Terms & Conditions. 

5A Adherence to Licensing Objectives

5A.1 You acknowledge that the Operator is licensed by the Gambling Commission and accordingly is bound by licence conditions and codes of practice whose aim is to fulfil the three licensing objectives set out in the UK Gambling Act 2005 (“Licensing Objectives”) as follows:

5A.1.1 preventing gambling from being a source of crime and/or disorder, being associated with crime or disorder and/or being used to support crime;

5A.1.2 ensuring that gambling is conducted in a fair and open way; and

5A.1.3 protecting children and other vulnerable persons from being harmed and/or exploited by gambling.

5A.2 By either using the William Hill Private Developer Portal and/or joining the William Hill Private Developer Programme, You agree to have due regard for and act at all times in a manner consistent with Licensing Objectives as though You were a licensee of the Gambling Commission Yourself and agree to demonstrate Your consideration of and adherence to the Licensing Objectives in all of Your activities as a Developer.

6 Developer obligations and responsibility for its applications and sites

6.1 The Developer will be solely liable for the content and manner of its activities. All such activities must be conducted at all times in a professional and lawful manner and be compliant with all legislation, regulations and codes of practice within the jurisdiction the Developer is operating from and any gambling legislation that may be relevant to any applications and/or sites being developed by the Developer (including but not limited to the UK Gambling Act 2005 and the Gibraltar Gambling Act 2005). 

6.2 The Developer will be solely responsible for the operation and content of any Developer Application. 

Development 

6.3 Without prejudice to clauses 6.1 and 6.2, the Developer warrants that any Developer Application shall: 

6.3.1 be of satisfactory quality and fit for its purpose; 

6.3.2 be substantially error free; 

6.3.3 be free from any errors, bugs, loopholes, or malfunctions that will allow the Developer or any person to: a) defraud or attempt to defraud the Operator or any player; or b) circumvent algorithms, mechanics or rules; c) gain an unfair advantage over the Operator or any player; and/or d) exploit any API or API Content in a manner not envisaged or intended by the Operator;

6.3.4 not include any malicious code, trap doors, back doors, Easter eggs, worms, time bombs, cancelbots, metering or other computer programming routines that will damage, detrimentally interfere with, surreptitiously intercept or expropriate any system data, Personal Information or affect any betting integrity or integrity of the APIs or API Content;

6.3.5 be designed, written and developed or created in accordance with best industry practice by staff with appropriate skills and training, using all reasonable skill and care including, without limitation, using appropriate secure coding practices;

6.3.6 have undergone any requisite testing including (without limitation) any security testing, and have received a certificate of approval from any relevant testing body;

6.3.7 not contain anything that may reasonably be deemed to be: (i) libellous, defamatory, obscene, indecent, pornographic, sexually explicit, distasteful, harassing, invasive of privacy, disparaging, violent, offensive, obscene, hateful, inflammatory, discriminatory (based on race, sex, religion, nationality, disability, sexual orientation or age), likely to deceive any person, in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence, threatening, abusive, aggressive, harassing, used to impersonate any person or to misrepresent identity or affiliation with any person or illegal; (ii) actually or potentially infringing any rights of the Operator and/or any other third party; or otherwise (iii) deemed, at the Operator’s sole discretion, unsuitable; 

6.3.8  not infringe the Intellectual Property Rights of any third party; and

6.3.9 comply with all applicable legislation, regulations and codes of practice including (without limitation) in relation to gambling, betting, gaming and advertising.  

6.4 The Developer shall ensure that any Developer Application which is intended to be targeted at potential end users in the United Kingdom shall include: 

6.4.1 "www.gambleaware.co.uk"; 

6.4.2 "18 + only"; and 

6.4.3 a link to the relevant terms and conditions, 

and any other wording, information or marks as may reasonably be instructed by the Operator. 

6.5 The Developer shall ensure that any Developer Application which is intended to be targeted at potential end users in Italy shall include: 

6.5.1 relevant regulator logos; 

6.5.2 "18 + only" and/or the equivalent wording in Italian; 

6.5.3 relevant company details and a link to the relevant terms and conditions, 

and any other wording, information or marks as may reasonably be instructed by the Operator. 

6.6 The Developer shall not develop any Developer Application which his intended to market or promote directly or indirectly, to persons that are less than 18 years of age or such higher age as may apply as the legal age for gambling in the jurisdiction that it is targeting or operating within, or develop or implement marketing and promotion strategies in respect thereof. 

Data protection 

6.7 If, as part of the Developer’s participation in the William Hill Private Developer Programme (and strictly in accordance with these Terms & Conditions and any applicable Additional Terms), the Developer has access, via any APIs or API Content, to any of the Operator’s customer data, including

(without limitation) customer contact, financial and betting transactions and customer Personal Information (“Customer Data”), the Developer shall at all times:

6.7.1 act only in accordance with Operator’s written instructions from time to time regarding the Processing of any Customer Data;

6.7.2 take reasonable steps to ensure the reliability of any of its employees, agents and permitted sub-contractors who may have access to the Customer Data;

6.7.3 take appropriate technical and/or organisational measures to protect the Customer Data in line with Operator’s security standards, such measures to be fully compliant with the requirements of the Data Protection Act 1998 and Gibraltar Data Protection Act 2004;

6.7.4 not cause or permit the Customer Data to be transferred outside the EEA without the prior written consent of Operator; 

6.7.5 not disclose the Customer Data to any third party in any circumstance other than in compliance with Operator’s written instructions or in compliance with a legal obligation;

6.7.6 co-operate with and assist Operator as necessary promptly and at no charge to enable Data Subjects to exercise their rights under the Data Protection Act 1998, including without limitation in connection with any subject access requests received from Data Subjects;

6.7.7 not sub-contract any of its obligations under these Terms & Conditions or any applicable Additional Terms regarding the Processing of Customer Data, without the prior written consent of Operator; and

6.7.8 upon reasonable request, provide Operator with information relating to the security testing and reviews of systems and infrastructure that store, Process and/or transmit Customer Data.

6.8 Developer hereby agrees and acknowledges that all rights, title and interests in the Customer Data shall vest and remain vested solely in Operator and that it shall have no rights, title or interest in the Customer Data

PCI-DSS 

6.9 If, as part of the Developer’s participation in the William Hill Private Developer Programme (and strictly in accordance with these Terms & Conditions and any applicable Additional Terms), the Developer will have access to, will connect to, or will transfer to its own systems, any content which contains payment card information (“Payment Card Information”), the Developer shall:

6.9.1 do so in compliance with the PCI-DSS to the extent that PCI-DSS applies to the Developer by virtue of any such access, transfer or connection;

6.9.2 implement appropriate technical and organisational security measures, including (without limitation) the encryption of Payment Card Information being transferred across systems and networks, and the development and maintenance of secure systems and applications, to protect Payment Card Information against unlawful Processing or processing otherwise than in accordance with these Terms & Conditions and against accidental loss, destruction, damage, alteration or disclosure. Developer shall take reasonable steps to ensure the employees who have access to the Payment Card Information are suitably vetted and are aware of, and comply with, Developer’s obligations under this clause 6.9;

6.9.3 restrict the disclosure of the Payment Card Information to those of its employees who may be required by it to assist it in meeting its obligations under these Terms & Conditions.  Such employees, insofar as they relate to access or connection to or transfer of Payment Card Information, shall have undergone reasonable levels of training in the laws of data protection, the Developer’s obligations under this clause 6.9, and in the care and handling of the Payment Card Information;

6.9.4 process the Payment Card Information only in accordance with Operator’s instructions and in accordance with the laws of England; and

6.9.5 once the relevant use of the Payment Card Information has been completed, immediately purge from its systems the Payment Card Information and (upon request) provide Operator with written confirmation of such deletion in the form of a letter signed by a duly authorised representative of Developer.

Other 

6.10 Developer shall co-operate with and provide such information and access to any facilities and premises during normal business hours or equipment from or on which Customer Data and/or Card Payment Information is, has been, or is to be Processed as Operator may reasonably require to enable it to monitor compliance by Developer with the obligations under clauses 6.7 and 6.9.  Operator reserves the right to carry out an audit of Developer’s business security systems and processes insofar as they relate to the use and the treatment of Customer Data and/or Card Payment Information in order to satisfy itself that Developer is in compliance with its obligations in clause 6.7 and 6.9 and Developer agrees that it shall provide to Operator all co-operation which is reasonably required by Operator for the purposes of performing any such audit;

6.11 The Developer will not make any claims, representations or warranties in connection with the Operator, William Hill Private Developer Portal, William Hill Private Developer Programme or any of the Sites, and it will not be authorised to make any commitment or assume any liability or obligation on the Operator’s behalf. 

7 Ticketing and access to, and use of any Forum  

7.0.1 In order to contact us via the William Hill Private Development Portal you must use the ticketing service provided (“Ticketing”. The term “Ticket” shall be construed accordingly).

7.0.2 On receipt of a Ticket, we will send an email notification to you to confirm receipt of the Ticket and we will respond as soon as practicable.

7.0.3 The Ticketing service may be used to contact us in relation to any technical issues or any relevant ideas and/or suggestions the Developer may have.

7.0.4 The rules for use of any Forum, set out in clauses 7.1.1 to 7.13 (where relevant) shall be applicable to the use of the Ticketing service.

Use of any Forum that the Operator may incorporate into the William Hill Private Development Portal

7.1. We may decide at any time to incorporate a forum into the William Hill Private Development Portal for ease of communication between you and the Operator and Developers. In respect of Your use of any forum available on the William Hill Private Developer Portal (“Forum”) You shall:

7.1.1 not use any Forum for any purpose which is or is likely to be considered to be (as determined by the Operator in its sole discretion) indecent, pornographic, sexually explicit, distasteful, harassing, invasive of privacy, disparaging, defamatory, abusive, aggressive, threatening, obscene, unlawful, of a racist, sexist or otherwise discriminatory nature, hateful, inflammatory, or offensive; 

7.1.2 not pass Yourself off as or attempt to pass Yourself off as being any other person or third party, including (without limitation) by uploading a photograph of any other person or third party or by using a display name that is the name of or similar to the name of any other person or third party, or associated with or identifiable as any other person or third party;

7.1.3 have and maintain any necessary approvals, consent, permission or licence in respect of any Submitted or Uploaded Content and to upload or submit any Submitted or Uploaded Content; 

7.1.4 any Submitted or Uploaded Content does not infringe the Intellectual Property Rights of any third party or breach any confidentiality obligations of any third party; and

7.1.5 ensure that Submitted or Uploaded Content complies with all applicable laws and regulations. 

7.2 For the purposes of clause 7.1.1 “use” shall mean (without limitation): 

7.2.1 interaction between You and other users of any Forum, any Operator staff used to provide such Forum and/or any helpdesk or support services which the Operator may make available to You in its sole discretion; and/or 

7.2.2 any Submitted or Uploaded Content. 

7.3 You shall be solely liable in respect of any Submitted or Uploaded Content. 

7.4 Submitted or Uploaded Content shall be non-confidential and You shall have no expectation of privacy in any Submitted or Uploaded Content. Submitted or Uploaded Contact will be able to be viewed by other users of the William Hill Private Developer Portal and the Operator and by other persons and third parties through any third party services and sites. 

7.5 In consideration of the provision of the Forums, You grant to the Operator a world-wide, royalty free, non-exclusive, transferable and perpetual licence, to: 

7.5.1 use Submitted or Uploaded Content for any activity in the course of the Operator’s business including (without limitation) for the purposes of advertising, marketing and/or promotional activities; and 

7.5.2 modify Submitted or Uploaded Content. 

7.6 You shall not sub-license, assign or novate the benefit or burden of the licence in clause 7.5 in whole or in part and/or allow the Submitted or Uploaded Content to become the subject of any charge, lien or encumbrance. The Operator may at any time sub-license, assign, novate or deal in any other manner with any or all of the Operator’s rights and obligations under the licence in clause 7.5. 

7.7 The Operator reserves the right to disclose Your identity: 

7.7.1 in its sole discretion, to any third party (or their advisors) who claim that any Submitted or Uploaded Content is unlawful, breaches or infringes their rights, including (without limitation) their Intellectual Property Rights or privacy rights; and/or 

7.7.2 where such disclosure is required by law, by any governmental or other regulatory authority or by a court or other authority of competent jurisdiction or by court order. 

7.8 The Operator will decide in each case whether it is appropriate to use moderation of any Forum (including what kind of moderation to use) and You consent to any such moderation by Your use of the Forum. However, the Operator is under no obligation to oversee, monitor or moderate any Forum. 

7.9 Without prejudice to any of the Operator’s other rights or remedies the Operator may have, the Operator shall be entitled in its sole discretion to remote any Submitted or Uploaded Content. 

7.10 The following clauses 7.11 to 7.12 (inclusive) are without prejudice to and in addition to clause 24 (NO LIABILITY FOR WILLIAM HILL PRIVATE DEVELOPER PORTAL, WILLIAM HILL PRIVATE DEVELOPER PROGRAMME OR SITES) and 25 (LIMITATION OF LIABILITY). 

7.11 You understand and acknowledge that in using or accessing any Forum You may be exposed to content submitted or uploaded by other users of the form which is in breach of these Terms & Conditions and accordingly may be (without limitation) offensive, inaccurate and/or in some cases, deceptive. The Operator does not endorse or make any other representations, guarantees, promises or warranties regarding any Forum or any submitted or uploaded content found on any Forum, and hereby excludes (to the extent permitted by law) any express or implied representations, guarantees, promises warranties in respect of the same. 

7.12 Your access to and use of any Forum is at Your sole option, discretion and risk. For the purposes of this clause 7.12 “access to and use of” shall mean (without limitation): 

7.12.1 content You may be exposed to as submitted or uploaded by other users of any Forum; 

7.12.2 interaction between You and other users of any Forum; 

7.12.3 any reliance on or action You take pursuant to any content submitted or uploaded by other users of any Forum; and/or 

7.12.4 any Submitted or Uploaded Content. 

7.13 If You wish to report any content found on any Forum with regard to content submitted or uploaded by another user of any Forum, You should as soon as reasonably practicable email apisupport@williamhill.com and provide full details of the content You wish to report. 

8 No marketing or other activity  

8.1 The Developer shall not: 

8.1.1 advertise, market or promote its participation in the William Hill Private Developer Programme, unless the Operator gives the Developer its prior written authorisation for such activity; 

8.1.2 provide access to or reproduce the William Hill Private Developer Portal or any part of it in any form whatsoever without the Operator’s express consent, including (without limitation) creating links to it; 

8.1.3 carry out any activities on the William Hill Private Developer Portal which are or are likely to be considered advertising, marketing and/or promotional activities (as determined by the Operator in its sole discretion); and/or 

8.1.4 place links to or direct users of the William Hill Private Developer Portal to other sites. 

9 Age limitation  

9.1 Participation as a Developer in the William Hill Private Developer Programme is only permitted if the proposed Developer is of the legal age for lawful gambling determined by any applicable laws in the proposed Developer’s jurisdiction. In any event and under any circumstances, participation in the William Hill Private Developer Programme shall not be permitted if the proposed Developer is under 18 years of age. 

9.2 The Operator reserves the right to obtain from the Developer appropriate identification that will provide evidence of its age and its William Hill Private Developer Programme account may be suspended until satisfactory proof of age is provided to the Operator. 

10 Legality of Use  

The Developer accepts sole responsibility for determining whether its participation in the William Hill Private Developer Programme is legal under any laws that apply to it. The Developer understands that the Operator does not provide it with any legal recommendation or assurance regarding such legality. The Developer should obtain independent legal advice in the applicable jurisdiction from which it is operating if it has any doubts about the legality of its participation in the William Hill Private Developer Programme under any applicable laws. 

11 No Fraud  

11.1 The Developer will not engage in, allow, assist, promote, encourage or benefit from, directly or indirectly, any act that involves Fraud. 

11.2 In the event that the Operator suspects Fraud it reserves the right to place restrictions on the Developer’s participation in the William Hill Private Developer Programme as well as commencing a full investigation. The Developer hereby gives the Operator its authorisation to inform the appropriate authorities or third parties of such an incident and only once the Operator is satisfied that the matter is resolved shall it remove any restrictions. 

12 Excluded Territories  

The Developer will not develop any Developer Application that it intends to market or promote to persons from any Excluded Territories; or allow, assist or encourage circumvention of any restriction put in place by the Operator in connection with Excluded Territories. "Excluded Territories" include the territories set out in the list in the Appendix to these Terms & Conditions, which may be changed by the Operator from time to time. IT IS THE DEVELOPER’S DUTY TO CONSULT AND REGULARLY CHECK THESE TERMS & CONDITIONS REGARDING ANY CHANGES TO THE EXCLUDED TERRITORIES LIST IN THE APPENDIX. 

13 Confidentiality  

13.1 During the Developer’s participation in the William Hill Private Developer Programme and/or via the William Hill Private Developer Portal, the Operator may disclose to the Developer or the Developer might otherwise obtain certain information which is either marked or by its nature is confidential and proprietary to the Operator (herein referred to as "Confidential Information"). 

13.2 The Developer shall keep all such Confidential Information in strict confidence and not use any part of it, directly or indirectly, for any purpose other than the purpose of these Terms & Conditions. 

13.3 Confidential Information shall not include any information that is generally known or available to the public, or information required to be disclosed by applicable law or any legal agency having jurisdiction over the Developer (in which case the Developer will give the Operator immediate notice of such requirement). 

14 Other Restrictions  

14.1 In addition and without derogating from any of the above, the Developer will not at any time by itself, nor will the Developer allow, assist or encourage others to, do any of the following: 

14.1.1 use or cause Spamming; 

14.1.2 do any act or omission that disparages the Operator, the William Hill Private Developer Portal, William Hill Private Developer Programme or any of the Sites or that otherwise is damaging or is reasonably expected to be damaging to the Operator’s goodwill or to the goodwill of the William Hill Private Developer Portal, William Hill Private Developer Programme, any Site or the Operator’s reputation; 

14.1.3 in any way alter, affect or interfere with the operation or accessibility of or use of the William Hill Private Developer Portal, William Hill Private Developer Programme or any Sites or any page thereof; 

14.1.4 do any act which causes the Developer’s Application or any other application or site to copy or resemble the look and feel of any of the William Hill Private Developer Portal, William Hill Private Developer Programme or any Sites or attempt to pass as the William Hill Private Developer Portal or any of the Sites or create the impression that any such sites are the William Hill Private Developer Portal, William Hill Private Developer Programme or any Sites or otherwise confuse persons in connection therewith; 

14.1.5 communicate, engage or become involved with the William Hill Private Developer Portal or any of the Sites, in any way, without the Operator’s prior written consent; 

14.1.6 alter, redirect or in any way interfere with the operation or accessibility or use of the William Hill

Private Developer Portal, William Hill Private Developer Programme or any Sites or any page thereof; 

14.1.7 intercept or redirect (including via user-installed software) traffic from or on any site or other place that participates in the William Hill Private Developer Portal or William Hill Private Developer Programme; 

14.1.8 use any trade mark, business name or other intellectual property without the prior written approval from the relevant owner of the intellectual property right; 

14.1.9 use in any manner whatsoever the trade marks “32vegas”, “32 vegas”, “32V”, any derivation thereof or any mark that is substantially, confusingly (or likely to be confusing) and/or colourably similar and any other mark from time to time advised by the Operator; or 

14.1.10 do any activity that in the Operator’s reasonable opinion would be deemed unsuitable, fraudulent, erroneous, misrepresentative or inappropriate. 

14.2 In the event that the Developer is found to be in breach of the above, the Operator reserves the right to suspend the Developer’s William Hill Private Developer Programme account until it is satisfied that the matter is resolved and that the Developer is no longer in breach of any of the above. 

15 The Operator’s Rights  

The Operator reserves the right to manage the William Hill Private Developer Portal, William Hill Private Developer Programme and Sites and to use Tracking. This will be at the Operator’s sole discretion in order to comply with any requirements it considers mandatory, including without limitation requirements concerning Fraud, unlawful activity, breach of the respective Site's terms and conditions of use, or otherwise. 

16 Recording Calls  

All telephone conversations between the Developer and any of the Operator’s staff may be recorded, and the Developer hereby consents to such recording. Any recordings will be treated in the strictest confidence and the content may be used by the Operator in the event of a misunderstanding, dispute, or for training purposes. 

17 Identity verification: supporting documentation  

17.1 Identity Verification 

17.1.1 It is the Operator’s policy to prohibit and actively prevent money laundering and any activity that facilitates money laundering or funding of terrorist or criminal activities. The Operator may verify the Developer’s identity through the information provided by the Developer and by obtaining information from public sources and data. 

17.1.2 For the avoidance of doubt, the Developer agrees that the Operator may use any Personal Information provided by the Developer for the purposes of verifying its identity in accordance with clause 17.1.1. 

17.2 Supporting Documentation 

17.2.1 The Developer agrees to provide the Operator with any supporting documents requested by it. Supporting documents may include any or all of the following for individuals: valid passport copy; valid driving licence copy; a copy of a utility bill; a letter of reference from the individual’s bank; and a copy of a bank statement. For a company, supporting documentation may include: a copy of the company's certificate of incorporation; articles of association (or equivalent document); duly approved corporate resolution; a certificate of good standing; power of attorney; and information regarding the identity of the beneficial owner of the company and the identity of the directors of the company. 

18 Taxes and Other Charges  

In the event that any taxes, fees and other costs incidental to or arising from these Terms & Conditions apply, the Developer is fully responsible for these. Furthermore, the Developer will indemnify and reimburse the Operator for any costs, expenses or losses that may be caused to it as a result of any claim or demand made by any governmental or other authority, with regard to tax withholding obligations or similar obligations to which the Operator may be subject. 

19 TERM AND TERMINATION  

19.1 Term and Termination  

19.1.1 These Terms & Conditions will continue in force unless and until either the Developer or the operator notifies the other in writing that it wishes to terminate these Terms & Conditions and the Developer’s membership of the William Hill Private Developer Programme, in which case these Terms

& Conditions and the Developer’s membership will be terminated immediately. 

19.1.2 For the purposes of notification of termination, delivery via e-mail is considered a written and immediate form of notification. 

19.1.3 Notwithstanding the provisions of clause 19.1.1 above, the Operator may (without prejudice to any other rights or remedies available to it) immediately terminate these Terms & Conditions and the Developer’s membership of the William Hill Private Developer Programme, if the Operator determines, at its sole discretion: 

19.1.3.1 that the Developer is engaged in Fraud or is suspected of being engaged in Fraud; 

19.1.3.2 the Developer has engaged in any activity forbidden in these Terms & Conditions, or that the Developer has otherwise breached any of its representations, warranties or undertakings in these Terms & Conditions; 

19.1.3.3 the Developer has engaged in any kind of content stealing or copying (site scraping) or any breach of any Intellectual Property Rights; 

19.1.3.4 that it has doubts in respect of the Developer’s true identity and that the Developer is unable to provide the Operator with appropriate identification to effectively verify the Developer’s identity; 

19.1.3.5 that any of the Developer’s activities pose a risk to the integrity of the William Hill Private Developer Portal and William Hill Private Developer Programme; 

19.1.3.6 that any Developer Application is or may be (as determined by the Operator in its sole discretion) aimed at minors (below the age of 18 or a higher age as determined in any applicable jurisdiction); 

19.1.3.7 that any Developer Application is or may be (as determined by the Operator in its sole discretion) aimed at or intended to operate within the Excluded Territories; 

19.1.3.8 that any Developer Application is or may be intended to (as determined by the Operator in its sole discretion): promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; violate the Intellectual Property Rights (including the Operator’s, those of the William Hill Private Developer Portal  William Hill Private Developer Programme or any Sites or those of any third party); includes content which is libellous, defamatory, obscene, sexually explicit or violent; promotes any unlawful activities; or at the Operator’s discretion is deemed unsuitable or inappropriate; 

19.1.3.9 that the Developer has failed to comply with clause 5A and/or the Developer’s activity is deemed by the Operator to prejudice the Operator’s compliance with the Licensing Objectives and/or its ability to be licensed by the Gambling Commission; and/or

19.1.3.10 without prejudice to clause 19.1.3.9 above, in the Operator’s reasonable opinion the Developer’s use of the APIs and/or API Content or participation in the William Hill Private Developer Programme may be detrimental to the Operator’s: (i) regulated status, including the Operator’s continued ability to be licensed by the Gambling Commission and/or the Gibraltar Gaming Commissioner; and/or (ii) ability to be qualified for or to hold or maintain any licence, permit or approval granted, or to be granted, by any governmental, judicial or regulatory authority having jurisdiction over the Operator and/or the Developer.  

20 Results of Termination  

20.1 Immediately following the termination of these Terms & Conditions for any reason, the Developer must: 

20.1.1 cease use of: 

20.1.1.1 any APIs; 

20.1.1.2 any API Content; 

20.1.1.3 API Documentation; 

20.1.1.4 Customer Data; 

20.1.1.5 Payment Card Information; 

20.1.1.6 other material made available under the William Hill Private Developer Portal and/or William Hill Private Developer Programme;  

20.1.1.7 the Developer’s William Hill Private Developer Programme account; and 

20.1.1.8 destroy or permanently erase all copies of API Content, API Documentation, Customer Data and/or other material made available under the William Hill Private Developer Portal or William Hill Private Developer Programme in its possession. 

20.2 All other rights and licences granted to the Developer in these Terms & Conditions shall immediately terminate. 

20.3 This clause 20 and the following clauses shall survive termination of these Terms & Conditions, for any reason: 4.3.3, 6.9.5, 7.3 to 7.10 (inclusive), 13, 14, 20, 22 to 25 (inclusive), 30 to 38 (inclusive). 

21 THE DEVELOPER’S REPRESENTATIONS AND WARRANTIES  

21.1 Without derogating from, and in addition to, any of the Developer’s other representations, warranties, covenants and obligations contained in these Terms & Conditions, the Developer hereby represents and warrants to the Operator the following: 

21.1.1 any development carried out by the Developer using the APIs or API Content in accordance with these Terms & Conditions will not conflict with or violate any provision of law, rule, regulation or agreement to which the Developer is subject; 

21.1.2 the Developer is not under the age of either (i) 18, or (ii) the age at which gambling activities are legal under the law of the jurisdiction that applies to it, whichever is greater, and the Developer is not a resident of any of the Excluded Territories; 

21.1.3 the Developer is not involved in or intend to be involved in or is aware of any act or traffic that involves its site and that constitutes or can be reasonably expected to constitute Fraud or illegal activity, including but not limited to money laundering, under any applicable law, rule or regulation; 

21.1.4 by accessing or using the William Hill Private Developer Portal and/or participating in the William Hill Private Developer Programme, the Developer acknowledges that it does not find the Operator’s services to be offensive, objectionable or unfair in any way. 

22 INDEMNITY  

22.1 Without limiting any of the Operator’s rights and remedies hereunder or under any applicable laws, the Developer agrees to defend and hold the Operator and its shareholders, directors, officers, employees, agents and other representative harmless, and to immediately indemnify them upon their written demand, against any and all liabilities, losses, damages, costs and expenses, including reasonable legal fees, resulting from, arising out of, or in any way connected with: 

22.1.1 any breach by the Developer of any warranty, representation, or agreement or clause contained in these Terms & Conditions; 

22.1.2 the performance of the Developer’s duties and obligations under these Terms & Conditions; and 

22.1.3 any claim or demand by a third party relating to the development, operation, maintenance or content of any Developer Application, including (for the avoidance of doubt, but without limitation) the content on it, its domain name, metatag or any adword or other search engine optimisation tool connected to it. 

23 NO WARRANTIES  

EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS & CONDITIONS, THE OPERATOR MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE APIs OR API CONTENT, WILLIAM HILL PRIVATE DEVELOPER PORTAL, WILLIAM HILL PRIVATE DEVELOPER PROGRAMME OR TO ANY ARRANGEMENTS CONTEMPLATED BY THESE TERMS & CONDITIONS, INCLUDING WITHOUT LIMITATION WITH REGARD TO THEIR FUNCTIONALITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, MERCHANTABILITY, LEGALITY OR NON-INFRINGEMENT. IN ADDITION, THE OPERATOR MAKES NO REPRESENTATION THAT THE OPERATION AND/OR AVAILABILITY OF THE WILLIAM HILL PRIVATE DEVELOPER PORTAL WILL BE UNINTERRUPTED OR ERROR-FREE AND IT WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY PLANNED OR UNPLANNED DOWNTIME, INTERRUPTIONS OR ERRORS. 

24 NO LIABILITY FOR WILLIAM HILL PRIVATE DEVELOPER PORTAL, WILLIAM HILL PRIVATE
DEVELOPER PROGRAMME OR SITES  

The Operator is not liable in any way, nor does it assume any responsibility for or make any representations or warranties with regard to the William Hill Private Developer Portal, William Hill Private Developer Programme or any of the Sites, their operations, content or any other aspect related thereto. 

25 LIMITATION OF LIABILITY  

25.1 ANY LIABILITY TO THE DEVELOPER ARISING FROM THESE TERMS & CONDITIONS, THE WILLIAM HILL PRIVATE DEVELOPER PORTAL AND/OR WILLIAM HILL PRIVATE DEVELOPER PROGRAMME IS LIMITED TO DIRECT DAMAGES ONLY. THE OPERATOR WILL NOT BE LIABLE FOR INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGE OR LOSS OF ANY KIND, INCLUDING WITHOUT LIMITATION LOSS OF BUSINESS, PROFITS, REVENUE, CONTRACTS OR ANTICIPATED SAVINGS, OR ARISING FROM LOSS, DAMAGE OR CORRUPTION OF ANY DATA, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. 

25.2 IN ANY EVENT AND UNDER ANY AND ALL CIRCUMSTANCES, THE OPERATOR’S AGGREGATE AND TOTAL LIABILITY ARISING WITH RESPECT TO THESE TERMS & CONDITIONS AND THE WILLIAM HILL PRIVATE DEVELOPER PROGRAMME WILL NOT EXCEED £1,000. 

25.3 Nothing in these Terms & Conditions shall be construed to provide any rights, remedies or benefits to any person or entity not a party to these Terms & Conditions. 

25.4 Nothing in these Terms & Conditions shall serve to limit the Operator’s liability to the Developer for death or personal injury caused by the Operator’s negligence, or for fraud. 

25.5 FOR THE AVOIDANCE OF DOUBT, IN NO EVENT SHALL THE OPERATOR BE RESPONSIBLE FOR ANY DISPUTE OR CLAIM BETWEEN THE DEVELOPER AND ANY USER OF ANY DEVELOPER APPLICATION. 

26 Relationship of parties  

26.1 The relationship between the parties to these Terms & Conditions is that of independent contractors and nothing contained in these Terms & Conditions shall be deemed to create a joint venture, partnership, employment, agency or similar arrangement between the parties. No party possesses the power or authority to bind the other, or to assume or create any obligation or responsibility, expressed or implied, on behalf of the other, and no party shall represent to anyone that it possesses such power or authority, except to the extent that such is required for the performance of the obligations of each party as detailed in these Terms & Conditions. 

26.2 The Developer will have no authority to make or accept any offers, representations or obligations on the Operator’s behalf. The Developer will not make any statement, whether on its site or otherwise, that could be reasonably construed to contradict the foregoing. 

26.3 The Developer agrees to indemnify the Operator for any and all payments that it is required to make to any of the Developer or its employees in the event that any judgment is imposed on the Operator by a Court or Tribunal stating that an employer-employee relationship existed between the Operator and the Developer or its employees. 

27 INDEPENDENT INVESTIGATION AND ACKNOWLEDGEMENT  

27.1 THE DEVELOPER ACKNOWLEDGES THAT IT HAS READ THESE TERMS & CONDITIONS AND AGREES TO ALL OF ITS TERMS AND CONDITIONS. 

27.2 THE DEVELOPER ACKNOWLEDGES THAT IT HAS INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE WILLIAM HILL PRIVATE DEVELOPER PROGRAMME AND THAT IT IS NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN THOSE EXPRESSLY SET FORTH IN THESE TERMS & CONDITIONS. 

28 Amendments to agreement  

28.1 The Operator may amend these Terms & Conditions at any time and at its sole discretion, by posting the amended agreement on the "Terms & Conditions" page on the William Hill Private Developer Portal. Any changes will take effect from the date specified and the Developer is solely responsible for making itself aware of any such amended versions and changes. It is important, therefore, that the Developer logs in from time to time to the “Terms & Conditions” section of the William Hill Private Developer Portal to check to see whether an amended version has been posted to the William Hill Private Developer Portal, or carry out such checks by other relevant means. None of the Operator’s employees, officers or agents may orally amend, modify or waive any provision of these Terms & Conditions. 

28.2 IF ANY AMENDMENT IS UNACCEPTABLE TO THE DEVELOPER, THE DEVELOPER’S ONLY RECOURSE IS TO TERMINATE THESE TERMS & CONDITIONS. THE DEVELOPER’S CONTINUED PARTICIPATION IN THE WILLIAM HILL PRIVATE DEVELOPER PROGRAMME FOLLOWING THE OPERATOR’S POSTING OF ANY AMENDED AGREEMENT ON ITS SITE WILL CONSTITUTE A BINDING ACCEPTANCE OF THE AMENDED AGREEMENT, WHETHER OR NOT THE DEVELOPER HAS ACTUALLY LEARNED OF OR READ THE RELEVANT CHANGES. 

29 Developer Personal Information  

29.1 Purpose

29.1.1 This clause 29 sets out the ways and the manner in which, we, the Operator, may collect and use Personal Information that we may obtain pursuant to the Developer’s use of the William Hill Private Developer Portal and the Developer’s participation in the William Hill Private Developer Programme.

29.1.2 In Gibraltar, the Operator is a registered data controller under the Gibraltar Data Protection Act 2004. Details of our registration can be found in the Gibraltar Regulatory Authority public register of data controllers at http://www.gra.gi/data-protection/rights-register-search  by searching for "William Hill". Our Gibraltar Gambling Commissioner registration number for the purposes of data protection is DP005080.

29.2 What type of information we collect and use of Personal Information 

29.2.1 Any Personal Information, including (without limitation) Your name, address, telephone number or email address, will be processed by the Operator, and (where appropriate) any other company in the Operator Group and/or our partners and subcontractors, in accordance with this clause 29.

29.2.2 By registering as a user of the William Hill Private Developer Programme (or by partially completing the registration form), or otherwise using the William Hill Private Developer Portal, or submitting a query to us via the William Hill Private Developer Portal or by telephone, You acknowledge that (without prejudice to any other clause) You have read and agree to this clause 29 and that You consent to the use of Your Personal Information by the Operator and (where appropriate) any other company in the Operator’s company Group and/or the Operator’s partners and subcontractors, in accordance with this clause 29.

29.2.3 If You do not wish to provide Your Personal Information on the basis set out in this clause 29, You should not enter the relevant information in the spaces provided on any relevant part of the William Hill Private Developer Portal, or provide any of Your Personal Information to us by telephone or otherwise. However, if You do not provide such information, You may not be permitted or able to make full use of the relevant part of the William Hill Private Developer Portal or the William Hill Private Developer Programme.

29.2.4 If at any time You wish us to stop processing Your Personal Information for any of the purposes set out in this clause 29, then You must contact us and we will take the appropriate steps to stop doing so. Please note that this may mean that Your William Hill Private Developer Programme account will have to be closed.

29.2.5 Please note that while the William Hill Private Developer Portal may contain links to sites and applications operated by parties other than us (for example the Gibraltar Gambling Commissioner’s website), we (and/or any other company in our Group) are not responsible for the privacy practices or content of any such sites or applications. 

29.2.6 If, as part of your membership of the William Hill Private Developer Programme you wish to “opt out" of being informed of any events, offers and promotions by the Operator, You may “opt out” of receiving such information at any time by notifying our Developer Programme Team at apisupport@williamhill.com

29.3 How we Use Your Personal Information 

29.3.1 We collect and use Your Personal Information in order to: 

29.3.1.1 enable us to set up Your account in respect of Your membership of the William Hill Private Developer Programme; and for the provision of APIs and API Content to which the William Hill Private Developer Portal relates; 

29.3.1.2 enable us to receive questions and comments from You, and for us to be able to respond to them; 

29.3.1.3 (where relevant) comply with relevant regulations regarding registration, e.g. completing age verification checks; and 

29.3.1.4 (provided that you have not informed us that you would like to “opt out” from this option), keep You informed of future events, offers and promotions in relation to the William Hill Private Developer Programme. 

29.3.2 In addition to the broad purposes identified in clause 29.3.1 above, we (and any other company in our Group) will use Your Personal Information, including sharing Your Personal Information with our third party partners and subcontractors who process data (including, where appropriate, Your Personal Information) on our behalf, for: 

29.3.2.1 setting up, operating, maintaining and managing Your William Hill Private Developer Programme account; 

29.3.2.2 providing the William Hill Private Developer Portal, APIs, API Content and API Documentation, and for any proper purpose connected with such provision; 

29.3.2.3 verifying the accuracy of Your Personal Information including (including without limitation identify and/or age verification agencies, and/or credit reporting agencies) in connection with such purposes (a record of the search will be retained and the third party may use the information to assist other companies for verification purposes); 

29.3.2.4 preparing statistics, analytical reports and analysis relating to use of the APIs, API Content and William Hill Private Developer Portal; 

29.3.2.5 analysing and recording Your use of the APIs, API Content and William Hill Private Developer Portal in order to improve the William Hill Private Developer Portal and the way we operate the William Hill Private Developer Programme; 

29.3.2.6 periodically sending written communications to You, for example, to announce important service changes, technical issue updates and changes to the Terms & Conditions;

29.3.2.7 to comply with any applicable laws and regulations, including (without limitation) our obligations and responsibilities under the Gibraltar Data Protection Act 2004, Gibraltar Gambling Act 2005, UK Gambling Act 2005 and UK Gambling (Licensing and Advertising) Act 2014 and to the Gibraltar Gambling Commissioner and Gambling Commission (and any other competent authority (meaning any authority having any governmental, judicial or regulatory jurisdiction over the Operator or other company in the Operator’s Group)); 

29.3.2.8 conforming to legal requirements or complying with legal processes or acting to protect the interest of sporting bodies or other qualified bodies; 

29.3.2.9 the investigation of suspected unlawful, fraudulent or other improper activity; 

29.3.2.10 the reporting of a crime or suspected crime, including money laundering or any fraud; and 

29.3.2.11 any other purpose which is necessary for the performance of our contractual obligations to You or for enforcing the Developer’s compliance with its contractual obligations to the Operator.  

29.3.2 We may store and process Your Personal Information on our own information technology systems or on systems owned by third parties that may store and process Your Personal Information on our behalf.

29.3.3 We (and any other company in our company Group) will not send You unsolicited information regarding any third party commercial offers or advertisements.

29.3.4 Telephone calls to and from our Developer Programme Team may be recorded for training and security purposes. 

29.3.5 The Operator may transfer Your Personal Information in the event that we transfer or sell our business or any part of it; including in the event of insolvency. 

29.3.6 For the purposes of prevention or detection of crime as well as responsible gambling, we may supplement the information that You provide to us with information that we receive from third parties or collate by accessing third party sources.  

29.4 Overseas transfer of Your Personal Information 

29.4.1 In connection with Your use of the William Hill Private Developer Portal, the Operator may need to transfer data (including Your Personal Information) to: 

29.4.1.1 other companies in the same company Group; and 

29.4.1.2 our partners and subcontractors, 

who are based outside the EEA, including (but not limited to) the United States of America, the Mohawk Territory of Kahnawake; Canada; Israel; Cyprus; and the Philippines. 

29.4.2 If Your Personal Information is transferred by us outside the EEA in accordance with clause 29.4.1 above, we will take all reasonable steps possible to ensure that Your Personal Information is treated as securely as it is within the EEA and in accordance with clauses 29.1 to 29.3.  

29.5 Updating Your Personal Information  

29.5.1 You may update or delete Your Personal Information at any time by contacting apisupport@williamhill.com. However, we may be required to continue to retain records containing Your Personal Information for legitimate business, regulatory, compliance and/or legal purposes. 

29.5.2 You may obtain a copy of Your Personal Information held by the Operator by contacting apisupport@williamhill.com. The Operator will require up to twenty-eight (28) days' notice to enable the Operator to comply with such a request.  Any such request is subject to a fee of £10 to meet our administrative costs in providing You with details of the information we hold about You. 

29.5.3 We may reject requests for disclosure or deletion of Your Personal Information that are unreasonable or extremely impractical (e.g. because they require disproportionate human or technical effort or require significant changes to our processes and technology and impact our ability to provide the William Hill Private Developer Portal or William Hill Private Developer Programme). 

29.6 Information security

29.6.1 We strive to protect Your Personal Information and our William Hill Private Developer Portal from unauthorised access to or alteration of Your Personal Information. This includes use of various security measures to protect Your Personal Information held by or on behalf of us and ongoing review of our information collection, storage and processing practices.

29.6.2 Subject to the uses described in clauses 29.2 to 29.4, we will endeavour to treat all of Your Personal Information in strict confidence and endeavour to take all reasonable steps to keep Your Personal Information secure once it has been transferred to our systems. However, the internet is not a secure medium and we cannot guarantee the security of any data You disclose online. You accept the inherent security risks of providing information and dealing online over the internet and will not hold us responsible for any breach of security unless this is due to our negligence or wilful default. 

29.7 IP address  

Your browser also generates other information, including Your Internet Protocol address ("IP address").  An IP address is a set of numbers which is assigned to Your access device during a browsing session whenever You log on to the internet via Your internet service provider or Your network (if You access the internet from, for example, a computer at work).  Your IP address is automatically logged by our servers and used to collect traffic data. We also use Your IP address to help diagnose problems with our server, and to administer the William Hill Private Developer Portal.  We may also request your IP address as part of Your registration to the William Hill Private Developer Programme. 

29.8 Contacting us about Personal Information  

If at any time You believe that we have not adhered to the provisions set out within this clause 29, please notify us by contacting apisupport@williamhill.com and we will use all commercially reasonable efforts to promptly determine and (where relevant) correct any issue. 

30 Use of “cookies” 

30.1 The Operator uses cookies for the operation of the William Hill Private Developer Portal, to track

Your use of the William Hill Private Developer Portal and to assist the functionality of the William Hill Private Developer Portal. A cookie is a small file of text which is downloaded onto Your access device when You access the William Hill Private Developer Portal and it allows the Operator to recognise when You come back to the William Hill Private Developer Portal. We also use cookies for our own analytical purposes. 

30.2 If You object to cookies or want to delete any cookies that are already stored on Your access device, the Operator recommends that You follow the instructions for deleting existing cookies and disabling future cookies on Your file management and internet browsing software. Further information on deleting or controlling cookies is available at www.aboutcookies.org. Please note that by deleting our cookies or disabling future cookies You may not be able to access certain areas or features of the William Hill Private Developer Portal or William Hill Private Developer Programme. 

31 Remedies and Injunctive Relief.  

The Operator’s rights and remedies hereunder shall not be mutually exclusive, i.e., the exercise of one or more of the Operator’s rights or remedies in connection with these Terms & Conditions shall not preclude the exercise of any other right or remedy. The Developer acknowledges, confirms and agrees that damages may be inadequate for a breach or a threatened breach of these Terms & Conditions and, in the event of a breach or threatened breach by the Developer of any provision of these Terms & Conditions, the Operator’s rights and obligations may be enforceable by specific performance, injunction, or other equitable remedy. Nothing contained in these Terms & Conditions shall limit or affect any of the Operator’s rights at law, contract or otherwise, for a breach or threatened breach of any provision of these Terms & Conditions, it being the intent of this provision to make clear that the Operator’s respective rights and obligations shall be enforceable in equity as well as at law or otherwise. 

32 Governing Law and Jurisdiction.  

32.1 The construction, validity and performance of these Terms & Conditions will be governed by English law. 

32.2 This however, shall not prevent the Operator from bringing any action in a Court of any jurisdiction for injunctive or similar relief. 

32.3 The English language version of these Terms & Conditions will prevail over any other language version issued by the Operator. 

33 Severability.  

Whenever possible, each provision of these Terms & Conditions shall be interpreted in such a manner as to be effective and valid under applicable law but, if any provision of these Terms & Conditions is held to be invalid, illegal or unenforceable in any respect, such invalidity or unenforceability will not affect the other provisions of these Terms & Conditions which will remain in full force and effect.  

34 Contracts (Rights of Third Parties) Act 1999  

The parties do not intend that the terms of these Terms & Conditions shall be enforceable by any person who is not a party to these Terms & Conditions and therefore the Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms & Conditions. 

35 No Waiver  

The Operator’s failure to enforce the Developer’s strict performance of any provision of these Terms & Conditions will not constitute a waiver of its right to subsequently enforce such provision or any other provision of these Terms & Conditions. 

36 No Assignment. 

The Developer may not assign or transfer these Terms & Conditions or any part thereof without the Operator’s prior written consent. 

37 Entire Agreement  

Subject to clause 2.1, these Terms & Conditions constitute the complete understanding and agreement of the parties and supersedes all prior negotiations, understandings, agreements, representations and warranties of any nature whether or not in writing between the parties with respect to the subject matter of these Terms & Conditions. 

38 Notices 

Unless otherwise agreed to by the parties in writing, all notices required under these Terms & Conditions will be deemed effective when received and made in writing either electronically with a read receipt requested or by registered postal mail to the addresses detailed in the Developer application/registration details or to the Operator by way of email at apisupport@williamhill.com

THIS VERSION IS DATED AND EFFECTIVE FROM: 5 MAY 2015

Appendix

Excluded Territories (further to clause 12)

Afghanistan

Aland Islands

Algeria

American Samoa

Anguilla

Antarctica

Australia

Bangladesh

Belgium

Belize

Benin

Bhutan

Botswana

Bouvet Island

British Indian Ocean Territory

Bulgaria

Burkina Faso

Burundi

Cambodia

Cameroon

Cape Verde Islands

Central African Republic

Chad

China

Christmas Island

Cocos (Keeling) Islands

Comoros

Congo

Cuba

Cyprus

Denmark

Djibouti

East Timor

Equatorial Guinea

Eritrea

Ethiopia

France

French Guyana

French Polynesia

French Southern Territories

Gabon

Gambia

Greece

Greenland

Guadeloupe

Guan

Guinea

Guinea-Bissau

Haiti

Heard and McDonald Islands

Hong Kong

India

Indonesia

Iran

Iraq

Israel

Ivory Coast

Kiribati

Laos

Lesotho

Liberia

Libya

Madagascar

Malawi

Maldives

Mali

Marshall Islands

Martinique

Mauritania

Mayotte

Micronesia

Mongolia

Montserrat

Morocco

Mozambique

Myanmar

Naura

Nepal

Netherlands Antilles

New Caledonia

Niger

Niue

Norfolk Island

North Korea

Northern Mariana Islands

Norway

Palau

Palestinian Territories

Philippines

Pitcairn

Puerto Rico

Reunion

Rwanda

Saint Vincent and the Grenadines

Samoa

Sao Tome and Principe

Saudi Arabia

Solomon Islands

Somalia

South Africa

South Georgia

St. Helens

St. Pierre and Miquelon

Sudan

Surinam

Svalbard and Jan Mayen

Swaziland

Syria

Thailand

Togo

Tokelau

Tonga

Tristan de Cunha

Turkey

Tuvalu

Uganda

UAE

United States minor outlying territories

USA

Uruguay

Vanuatu

Vatican City State (Holy See)

Virgin Islands (USA)

Wallis and Futuna Islands

Yemen

Germany – Sportsbook closed in this jurisdiction.