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Version 1.1
The purpose of this agreement is for use in connection with those who wish to make use of the API in a
commercial manner that goes beyond personal use or use solely in connection with an
independent software application e.g. content aggregation.
THIS AGREEMENT is made the on the day of [ ]
(1) TSE DEVELOPMENT LIMITED with its registered office at Waterfront, Hammersmith
Embankment, Chancellors Road, Hammersmith, London W6 9HP ("Betfair"); and
(2) [ ] (the "User").
A. Betfair is the provider of the Betfair API.
B. The User wishes to access and Betfair wishes to allow the User to access the Betfair API on the
terms and conditions set out in this Agreement.
C. This Agreement shall relate to:
ACCOUNT USERNAME (not the Affiliate username) [
VARIABLE TERMS: (Delete or fill in as appropriate)
Type of Service: Read Only Access
Subscription Term: Monthly
Support Package: Documentation only
Agreed Price: Free Access
Special Terms: [e.g. waivers of prohibitions, consents, rights to use trade marks subject to guidelines,
added warranties and/or indemnities and variations to the standard terms generally]
(1) Subject to the due performance of his/her/its obligations under this Agreement the definition of
“Commercialise” is hereby amended so that it means “sell, rent, lease, or license all or any part
of the Betfair API”, the restrictions set out in clauses 2.3 (e), (f), and (g) and the words
“disclose or otherwise provide” in 2.3 (b) shall be deemed to be deleted SUBJECT ALWAYS
to the User’s compliance with one of the following conditions (the “Waiver”)
CONDITION 1: The User agrees that any usage of the Betfair API shall be solely in
connection with bets that use the systems and servers of Betfair; OR
CONDITION 2: The User has all necessary licences as may be required to make use of any
third party data that may be incorporated into the Betfair API from the relevant third parties.
AND the User hereby indemnifies and holds Betfair harmless in relation to any liability Betfair
may incur as a result of the User’s non compliance with the above conditions.
(2) The User shall, solely in connection with and pursuant to the Waiver, be empowered to display
the Betfair API for its own commercial purposes.
(3) If publishing Betfair prices, or data derived from Betfair prices, the User shall clearly state that
the prices are prices. The User shall also clearly link to the homepage,
or if publishing prices relating to a specific market, to that particular market on It
should be as easy as possible for anyone interested in betting at that price to click through to, open an account if they wish to, and place that bet on In
circumstances where this Term does not apply, such as bookmakers deriving prices from
Betfair and publishing prices under their own brand, in order for Betfair to waive this term, the
User needs specific consent in writing from Betfair.
(4) None of the exceptions or terms of this Agreement allow the User to use the Betfair API to
operate a betting exchange either alone or in conjunction with any a third party, unless given
express prior written consent by Betfair. For the purposes of the restriction set out in this
clause functionality such as unmatched bets, lay bets, or any sort of person to person betting
platform are included in the definition of “betting exchange”.
(5) None of the exceptions or terms of this Agreement allow the User to use the Betfair API to
operate as a broker either alone or in conjunction with any third party, unless given express
prior written consent by Betfair. For the purposes of the restriction set out in this clause any
activity which involves passing bets from the User’s customers to Betfair in whole or in part is
included in the definition of “broker”.
(6) The User agrees that if it enters into an agreement to purchase software from a third party
vendor for use in connection with the Betfair API or any Betfair data, it will first ensure that the
vendor has a Commercial Software Vendor Licence from Betfair.
IN WITNESS WHEREOF this Agreement has been signed by the parties on the day and year first written
Signed by
for and on behalf of TSE DEVELOPMENT
Signed by
This Agreement will not bind Betfair until signed in the appropriate place by an authorised signatory of
1.1 "Agreement" means the Term Sheet, these Terms and Conditions and any associated schedules;
"Betfair API" means the data and functionality (commonly referred to as the application
programming interface or API) contained on the Exchange and/or Betting Facility together with access
to the relevant Web Services Definition Language (WSDL) file where required;
"Betfair Terms and Conditions” means the terms and conditions, rules and regulations and privacy
policy governing the use of the
web site as available for inspection at that site;
“Betting Facility” means the online betting facility made available by Betfair International ENC;
"Business Day" means any day (excluding Saturdays and Sundays) on which banks generally are
open in the City of London for the transaction of normal banking business;
"Code" means encrypted data that enables Betfair to identify circumstances in which a particular
software application is in use;
"Commencement Date" means the date on which this Agreement is agreed to by both parties;
"Commercialise" means sell, rent, lease, license or publish all or any part of the Betfair API for profit
or otherwise use in a commercial or business context that does not equate to personal use or enable
others to do so;
"Confidential Information" means all information which is not publicly known and that is disclosed
(by whatever means, directly or indirectly) by one party to the other, whether before or after the date
of this Agreement including any information relating to the IPR, products, operations, processes,
plans, intentions, product information, each party's customer data the terms of this Agreement, market
opportunities or business affairs of the disclosing party or any of its sub-contractors, suppliers,
customers, clients or other contacts;
"Content" means all Confidential Information, data and/or functionality accessible from the Betfair
“Exchange” means the online betting exchange made available by Betfair Limited;
"Force Majeure" means any event outside the reasonable control of a party affecting its ability to
perform any of its obligations (other than payment) under this Agreement;
"Good Industry Practice" means the exercise of that degree of skill, diligence, prudence and
foresight which would reasonably and ordinarily be expected from a skilled and experienced
contractor acting in good faith;
"Group" means, in relation to a company, any entity directly or indirectly controlling, controlled by
or under common control of a party;
"IPR" means any and all patents, trade marks, service marks, rights in designs (including semi-
conductor topography design rights and circuit layout rights), get-up, trade, business or domain names,
goodwill associated with the foregoing, e-mail address names, copyright including rights in computer
software (in both source and object code) and rights in databases (in each case whether registered or
not and any applications to register and rights to apply for registration of any of the foregoing), rights
in inventions and web-formatting scripts (including HTML and XML scripts), know-how, trade
secrets and other intellectual property rights which may now or in the future subsist in any part of the
world including all rights of reversion and the right to sue for and recover damages for past
"Read Only Access" means access to the Betfair API with all the functionality set out in Schedule 1;
"User ID" means the confidential security keys specific to the User issued by Betfair to enable access
to the Betfair API.
1.2 Headings to clauses are inserted for convenience only and shall not affect the interpretation or
construction of this Agreement.
1.3 Words importing the singular shall include the plural and vice versa. Words importing a gender
include every gender and references to persons include an individual, company, corporation, firm or
1.4 The words and phrases "other", "including" and "in particular" shall not limit the generality of any
preceding words or be construed as being limited to the same class as any preceding words where a
wider construction is possible.
1.5 Any obligation to do or not to do something shall include an obligation to procure that it be done or
not done.
1.6 References to a party include that party's successors and permitted assignees and references to
“Betfair” include, where appropriate, references to the operating company in the Betfair group that
provides betting services to the User. If the User is situated in the UK this will be Betfair Limited and
where the User is situated outside the UK this will be Betfair International ENC unless the User has
been otherwise notified in writing.
1.7 In this Agreement, "control" shall have the meaning given to it in section 840 of the Income and
Corporation Taxes Act 1988.
1.8 This Agreement may be executed in any number of counterparts which together shall constitute one
agreement. Each party may enter into this Agreement by executing a counterpart and this Agreement
shall not take effect until it has been executed by both parties.
1.9 Delivery of an executed counterpart of a signature page by facsimile transmission shall take effect as
delivery of an executed counterpart of this Agreement provided that, if such method is adopted, each
party shall provide the other with the original of such page as soon as reasonably practicable
2.1 In consideration of the payment by the User of the Access Fee in accordance with clause 4 below and
subject to the terms and conditions of this Agreement, Betfair hereby grants to the User a non-
exclusive, non-transferable, terminable licence to access the Betfair API solely for its own internal
business purposes and in accordance with such other limitations and restrictions as set out in this
2.2 Betfair agrees to enable the User’s User ID with access to the Betfair API during the term of this
Agreement. The User ID shall remain the property of Betfair and may be disabled from access to the
Betfair API upon termination of this Agreement or upon occurrence of any of the events described in
clause 2.3 below.
2.3 It is a condition of this Agreement that the User shall not do any of the following:
(a) assign, transfer, sub-license or disclose the User ID to a third party;
(b) assign, transfer, sub-license, disclose or otherwise provide any of the Content to a third party;
(c) collect personally identifiable information of any other user of the Betfair API;
(d) Commercialise the Content or access to the Exchange or Betting Facility;
(e) use the Betfair API in a manner which might enable a third party to interact with the web site
or any other web site owned or operated by Betfair;
(f) use the Content to provide market information to a third party for business or commercial use
including but not limited to any use of the Content to create prices or a guide to prices for any
commercial purpose;
(g) display data from the Betfair API via any electronically accessible medium without the
express written consent of Betfair;
(h) create freeware, shareware or commercial software applications for use in connection with the
Betfair API without the express written consent of Betfair;
(i) utilise software applications made available by third parties and intended for use specifically
in relation to betting exchange or betting facility functionality and/or the Betfair API other
than with the express written consent of Betfair; or
(j) use the Betfair API in a way which proves or is likely to prove detrimental to Betfair and/or
the performance of the web site
(k) copy, reproduce, modify or use the Betfair API in any bureau, timeshare, or outsourcing
arrangement or reproduce or on sell the whole or any part of the Betfair API whether
aggregated with other data or otherwise; or
(l) use the Betfair API to develop and make available to any third party products or services
which are designed to enhance the appeal of any betting exchanges or betting facilities offered
by anyone other than Betfair.
2.4 By entering into this Agreement the User hereby agrees to the Betfair Terms and Conditions.
3.1 The User warrants and undertakes that:
(a) it has full capacity and authority and all necessary licences, permits, IPR rights and consents
to enter into this Agreement and any other documents executed by it that may be associated
with this Agreement;
(b) this Agreement constitutes valid, binding and enforceable obligations of the User in
accordance with its terms;
(c) it shall at all times conduct itself with all due skill, care and diligence, including Good
Industry Practice, and in accordance with its own established procedures and all applicable
laws, enactments, orders, regulations and other similar instruments;
(d) it shall comply with Betfair's security guidelines and requirements as may be issued by Betfair
from time to time whether in writing or otherwise
(e) if it is a betting operator, (i) it has all appropriate betting licences and all other authorisations,
consents and licences required by any regulatory authority to which it is subject; and (ii) it
does not knowingly accept sports bets from any individual who is a resident of or located in
the United States of America.
4.1 The User agrees to pay to Betfair an access fee in the sum and at the frequency stated in the Term
Sheet (the relevant "Access Fee"). Unless otherwise specified prices shall be exclusive of VAT.
4.2 Nothing in this Agreement shall require Betfair to make any payment to the User with respect to this
5.1 All IPR in the Betfair API shall belong to Betfair. All IPR in any third party materials shall belong to
the third party owner thereof.
5.2 Nothing in this Agreement purports to grant a license, provide any warranty or offer any indemnity in
respect of any data that is not owned by Betfair. In the event that the User does require access to any
such data, it agrees that it shall enable Betfair an opportunity to secure rights to the same and (if it
becomes necessary to do so) the User will cover the costs of securing a licence to the same from the
relevant third party data owner or either party may terminate this Agreement immediately.
6.1 The User shall at its own expense indemnify Betfair against any claim against Betfair alleging an
infringement by Betfair of the IPR of any third party arising through the User's use of the Betfair API
and pay any final judgement entered against Betfair in respect thereof except if and to the extent that
any such claim arises from any breach by Betfair of its obligations under this Agreement.
6.2 Either party shall immediately notify the other party if any claim or demand is made or action brought
against it for any infringement or alleged infringement of any IPR which may affect the supply or use
of the Betfair API.
6.3 The User will (except in respect of death of or injury to any person resulting from the negligence of
Betfair) fully indemnify and keep fully indemnified (including in respect of legal costs and expenses)
Betfair, and any corporate body within its Group, against all claims, demands, proceedings, damages,
costs, charges, losses and expenses of whatever nature caused by breach by the User, its employees,
agents, sub-contractors, of the terms of this Agreement.
7.1 The User will duly observe all its obligations under the Data Protection Act 1998 and any amendments
thereto which arise in connection with this Agreement. In particular the User shall ensure that it has
adequate technical (and organisational) security procedures in place to prevent the unauthorised or
unlawful disclosure of personal data.
7.2 The User acknowledges that the security of Betfair's data and its systems is fundamental to the
business of Betfair and if the User becomes aware of a breach or potential breach of security relating
to the Betfair API, it shall immediately notify Betfair of such breach or potential breach and use its
best endeavours to ensure that any potential breach does not become an actual breach and/or remedy
any actual breach and its consequences.
8.1 During the term of this Agreement and after termination or expiration of this Agreement, the parties
shall not use any Confidential Information for any purpose other than in pursuance of its rights and
obligations under this Agreement nor disclose any Confidential Information to any person except with
the prior written consent of the other party and shall use the same standard of security to prevent the
use or disclosure of the Confidential Information as it does for its own Confidential Information.
8.2 The parties may disclose any Confidential Information to their directors, other officers, employees,
advisers and sub-contractors to the extent that such disclosure is reasonably necessary and in
accordance with the requirements set out in clause 8.1.
8.3 On termination the parties shall (on request) deliver up to the other party or destroy all copies of
Confidential Information in its possession, and (if so requested) shall use all reasonable endeavours to
destroy all copies of Confidential Information stored electronically.
8.4 The parties shall together determine the content of any communications concerning the relationship
between the parties. Such communications shall be issued at a time and in a manner agreed by the
parties (acting reasonably).
9.1 Save as provided by statute and to the fullest extent permitted by law, the following provisions set out
the entire liability of Betfair (including any liability for the acts and omissions of its employees, agents
and sub-contractors) to the User whether in contract, tort, statute, equity or otherwise:
(a) The User acknowledges and agrees that (except as expressly provided in this Agreement) the
Betfair API is provided "AS IS" without warranties of any kind (whether express or implied);
(b) All conditions, warranties, terms and undertakings (whether express or implied, statutory or
otherwise relating to the delivery, performance, quality, uninterrupted use, fitness for purpose,
occurrence or reliability of the Betfair API are hereby excluded to the fullest extent permitted
by law;
(c) The entire liability of Betfair in respect of any breach or default shall be limited to £1,000;
(d) Betfair shall not be liable to the User for loss of profit (whether direct or indirect), loss of
contracts or goodwill, lost advertising, loss of data or any type of special, indirect,
consequential or economic loss (including loss or damage suffered by the User as a result of
an action brought by a third party) even if such loss was reasonably foreseeable or Betfair had
been advised of the possibility of the User incurring such loss.
9.2 No exclusion or limitation set out in this Agreement shall apply in the case of:
(a) fraud or fraudulent concealment;
(b) death or personal injury resulting from the negligence of either party or any of its employees,
agents or sub-contractors; and/or
(c) any breach of the obligations implied by (as appropriate) section 12 of the Sale of Goods Act
1979, section 2 of the Supply of Goods and Services Act 1982 or section 8 of the Supply of
Goods (Implied Terms) Act 1973.
9.3 The time limit within which the User must institute suit against Betfair to recover on any claim shall
be 2 years from the date the User should reasonably have become aware or becomes aware of the
relevant breach that would form the subject of the claim.
9.4 This clause 9 shall survive the termination of this Agreement for whatever reason.
10.1 If either party is affected by Force Majeure it shall notify the other party in writing of the matters
constituting the Force Majeure and shall keep that party informed of their continuance and of any
relevant change of circumstances whilst such Force Majeure continues. Neither party shall have any
liability to the other in respect of an event of Force Majeure provided it complies with clause 10.2.
10.2 The party affected by Force Majeure shall take all reasonable steps available to it to minimise the
effects of Force Majeure on the performance of its obligations under this Agreement.
11. TERM
This Agreement shall commence on the Commencement Date and, unless terminated earlier in
accordance with clause 12, shall continue until the User ceases to pay the Access Fee specified in
clause 4.1 at which time the User will (provided it gives notice of an intention to renew) have 24 hours
to secure continued access by payment of the next instalment of the Access Fee or the Agreement will
12.1 A party (the "Initiating Party") may terminate this Agreement with immediate effect by written
notice to the other party (the "Breaching Party") on the occurrence of an event specified in clause
12.2 The events referred to in clause 12.1 are:
(a) the Breaching Party committing an irremediable material breach of a material obligation
under this Agreement;
(b) the Breaching Party committing a remediable material breach of a material obligation under
this Agreement and failing to remedy the breach within 10 Business Days of the Initiating
Party giving reasonable details of the breach and requiring the Breaching Party to remedy
such breach;
(c) the Breaching Party goes into liquidation, either compulsorily or voluntarily or administration
or a receiver, administrative receiver, receiver, manager or similar officer is appointed in
respect of the whole or any part of its assets, or if Sub-Licensee make an assignment for the
benefit of, or a composition or arrangement with, its creditors;
(d) the Breaching Party failing to make a payment by such due date as may be specified in this
Agreement provided always that in relation to any indebtedness of the Breaching Party, the
failure to pay when due which shall be deemed a remediable material breach to be determined
in accordance with clause 12.2(b) above;
(e) there is a change in control of the User without the written consent of Betfair;
(f) the User is in breach of any of the restrictions set out in clause 2.3.
12.3 For the purposes of clause 12.2 a "material breach" means a breach which is serious in the widest
sense of having a serious effect on the benefit which the Initiating Party would otherwise derive from
a substantial portion of this Agreement over the entire remaining period of this Agreement or a
reasonable portion thereof and a breach is remediable if the Breaching Party can comply with the
obligation within the 10 Business days period in sub-clause 12.2(b).
12.4 Betfair may terminate this Agreement on one month’s notice in writing at any time for any reason
provided always that it returns any Access Fee payments already made by the User that relate to any
period that follows such termination date.
12.5 If at any time the User decides to knowingly accept sports bets from any individual who is a resident
of or located in the United States of America then it shall notify Betfair immediately. Betfair may
terminate this Agreement immediately if it believes that the User is knowingly or otherwise accepting
sports bets from any resident of or any person located in the United States of America.
13.1 Termination of this Agreement shall be without prejudice to any rights or obligations which shall have
accrued prior to termination.
13.2 On termination of this Agreement all licences granted by Betfair to the User pursuant to this
Agreement shall immediately terminate and the User ID shall be disabled for use in connection with
the Betfair API.
13.3 Within 10 days of the termination of this Agreement the User shall at Betfair's sole option return or
destroy all copies of the Content in its possession or control and a duly authorised officer of the User
shall certify in writing to Betfair that the User has complied with this obligation.
13.4 The expiry or termination of this Agreement for whatever reason shall not affect:
(a) either party's accrued rights and obligations at the date of expiry or termination;
(b) the coming into force or the continuance in force of any provision of this Agreement which
expressly or by implication is intended to come into or continue in force on or after such
expiry or termination.
14.1 The User shall not assign, novate, declare a trust of or otherwise dispose of this Agreement, or any
part thereof, without the prior written approval of Betfair. Betfair may assign this Agreement to any
member of its Group.
14.2 The User shall be liable to Betfair for the performance of the User's obligations under this Agreement
and for the acts and omissions of its sub-contractors, and where the context requires, references to "the
User" in this Agreement shall also include any relevant "sub-contractor".
Subject to clauses 9.2 and 2.4, this Agreement
constitutes the entire and only agreement between the
parties with regards to its subject matter and each party confirms that it has not been induced to enter
into this Agreement in reliance upon, nor has it been given, any warranty (including in particular any
warranty as to merchantability, fitness for purpose or uninterrupted functionality), representation,
statement, assurance, covenant, agreement, undertaking, indemnity or commitment of any nature
whatsoever other than as are expressly set out in this Agreement and, to the extent that it has been, it
unconditionally and irrevocably waives any claims, rights or remedies which it might otherwise have
had in relation thereto.
Subject to the specific limitations set out in this Agreement, no remedy conferred by any provision of
this Agreement is intended to be exclusive of any other remedy except as expressly provided for in
this Agreement and each and every remedy shall be cumulative and shall be in addition to every other
remedy given thereunder or existing at law or in equity, by statute or otherwise.
Nothing in this Agreement and no action taken by the parties pursuant to this Agreement shall
constitute, or be deemed to constitute, the parties as a partnership, association, joint venture or other
co-operative entity.
18.1 No breach of any provision of this Agreement shall be waived or discharged except with the express
written consent of the parties.
18.2 No failure or delay by a party to exercise any of its rights under this Agreement shall operate as a
waiver thereof and no single or partial exercise of any such right shall prevent any other or further
exercise of that or any other right.
19.1 If any provision of this Agreement is or becomes (whether or not pursuant to any judgment or
otherwise) invalid, illegal or unenforceable in any respect under the law of any jurisdiction:
(a) the validity, legality and enforceability under the law of that jurisdiction of any other
provision; and
(b) the validity, legality and enforceability under the law of any other jurisdiction of that or any
other provision,
shall not be affected or impaired in any way thereby.
19.2 If any provision of this Agreement shall be held to be void or declared illegal, invalid or unenforceable
for any reason whatsoever, such provision shall be divisible from this Agreement and shall be deemed
to be deleted from this Agreement and the validity of the remaining provisions shall not be affected.
In the event that any such deletion materially affects the interpretation of this Agreement then the
parties shall negotiate in good faith with a view to agreeing a substitute provision which as closely as
possible reflects the commercial intention of the parties.
20.1 Notices and communications shall be considered given or made:
(a) where personally delivered, upon delivery at the address of the relevant party;
(b) where sent by first class post, three Business Days after the date of posting;
(c) where sent by air mail, five Business Days after the date of posting;
where delivered by facsimile or email, at the time of transmission, provided that a confirming copy is
sent by first class post to the other party within 24 hours after transmission.
The Contracts (Rights of Third Parties) Act 1999 shall, except in relation to members of the Betfair
Group, not apply to this Agreement and no rights or benefits expressly or impliedly conferred by it
shall be enforceable under that Act against the parties to it by any other person.
The rights of the parties to terminate, rescind or agree any variation, waiver or settlement under this
Agreement is not subject to the consent of any person that is not a party to this Agreement.
Each party shall, upon request from the other, do and execute, or procure that there shall be done and
executed, all such documents, deeds, matters, acts or things as that other may at any time require to
give it the full benefit of this Agreement.
23.1 This Agreement (and any dispute, controversy, proceedings or claim of whatever nature arising out of
or in any way relating to this Agreement or its formation) shall be governed by and construed in
accordance with English law and the parties hereby irrevocably submit to the jurisdiction of the courts
of England and Wales.
24.1 In order to be binding this Agreement must be printed by the User, signed by the User and sent to
Betfair for final sign off at Waterfront, Hammersmith Embankment, Chancellors Road, Hammersmith,
London W6 9HP. Any changes to the terms of this Agreement must be in writing provided always
that Betfair shall have the right to amend, update and/or vary these terms from time to time in its
absolute discretion and the User will be deemed to have accepted such amended, updated or varied
terms within 14 days of notification of the same whether by email, mail or notice on a website. If the
User does not agree with such amendments, updates or variations its sole remedy shall be to terminate
this Agreement (and cease using the Betfair API) by notice in writing.
25.1 This Agreement may be executed by fax and in counterparts, each of which when so executed and
delivered shall be deemed an original, but such counterparts together shall constitute one and the same
Read Only Access
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