Terms and Conditions

Omnipass is a digital product distribution and services business. Through Omnipass, users may discover, access, register for, subscribe to, purchase or interact with a range of digital products and services. These may include products developed, owned or operated by Omnipass as well as products or services provided in collaboration with third-party providers. The capacity in which Omnipass makes a particular product or service available (including whether Omnipass owns, operates, distributes or facilitates access to that product or service) may be further described in the applicable Product Terms.

One of the products that may be made available through Omnipass is Rivalio. Rivalio and any other individual product may have its own Product Terms. References to a product on the Website do not mean that the product is available in every jurisdiction or to every user.

We may add, remove, modify, suspend or discontinue any products, features and/or Services from time to time, subject to any applicable laws and any relevant Product Terms.

You agree that you may use the Website only if you have the legal capacity to enter into a binding agreement with us and that your use is lawful in the jurisdiction from which you access the Website or the Services.

Unless a Product Term expressly provides otherwise, you must be at least 18 years old to create an account, purchase or subscribe to a Service, or provide us with any personal information. Certain products may have a higher minimum age or additional eligibility requirements. You are responsible for ensuring that you satisfy all eligibility requirements applicable to you.

You may not use a Service if any applicable law prohibits you from doing so.

Some Services may require that you register, create an account or provide certain personal information. In this regard, you agree to provide information that is accurate, current, complete and to update it where necessary.

You are responsible for maintaining the confidentiality and security of your account credentials and for activity occurring through your account, except to the extent caused by our breach of applicable law or security obligations. You must notify us promptly if you become aware of unauthorised access to or use of your account. You may not share, transfer or permit another person to use your account or account credentials except where expressly permitted by the applicable Product Terms.

You may not impersonate another person, create an account using information you are not authorised to use, or use the Website or Services for fraudulent or unlawful purposes.

Omnipass may make available products or services supplied, operated, fulfilled or supported by third parties (“Third-Party Providers”). We may also provide links or integrations that allow you to access third-party websites, platforms or services.

Where a Third-Party Provider supplies or operates a product or service, your relationship with that provider may also be governed by its own terms and privacy notice. You are responsible for reviewing those terms before using the relevant product or service.

Unless expressly stated otherwise, Omnipass does not control and is not responsible for the independent acts, omissions, content, products, services, availability or privacy practices of Third-Party Providers. Where Omnipass acts only as a distributor, facilitator or intermediary in relation to a product or service, the applicable Third-Party Provider remains responsible for providing, operating or fulfilling that product or service to the extent specified in the applicable Product Terms. Nothing in these Terms excludes responsibility that cannot lawfully be excluded.

Rivalio is one of the digital products that may be distributed or made available through Omnipass. Rivalio may include sports-related prediction, gaming, entertainment and related functionality, as described in its applicable Product Terms. Rivalio and other products may also be subject to product-specific eligibility requirements, competition or game rules, geographic restrictions and participation conditions, as set out in the applicable Product Terms.

These Terms are not intended to replace the rules, eligibility requirements, risk disclosures, payment provisions or other terms applicable specifically to Rivalio or any other individual product. Before using a product, you must review and accept any Product Terms presented to you.

Nothing on the Omnipass Website should be interpreted as guaranteeing winnings, returns, outcomes, results or success from any prediction, competition, gaming, entertainment or other product. Where a product involves regulated activity, its availability and your eligibility to participate may depend on applicable laws, location, age and any other applicable regulatory requirements.

Some Services may be free and others may require a payment, a subscription or other charge(s). The applicable price, billing frequency, renewal terms and material purchase conditions will be disclosed to you before you complete any transaction.

If a Service renews automatically, the applicable Product Terms or checkout flow will disclose the renewal arrangement and how to cancel, as required by applicable law.

You authorise us and/or our payment service provider to charge the payment method you select for amounts you validly authorize. Taxes may be added where required by applicable law.

You are responsible for ensuring that any payment information you provide is accurate and that you are authorised to use the selected payment method.

Refunds, cancellations and charge arrangements for a particular product are governed by the applicable Product Terms and applicable law. Nothing in these Terms limits any mandatory cancellation, refund or cooling-off right available to you under applicable laws.

You must not:

• use the Website or Services in violation of any applicable law or regulation;
• attempt to gain unauthorized access to an account, system, network or data;
• interfere with, disrupt, overload or damage the Website or Services;
• introduce malware, malicious code or other harmful material;
• use automated means to scrape, harvest or extract data except where expressly permitted;
• circumvent geographic, age, eligibility, security or technical restrictions;
• use the Services to defraud, mislead, harass or infringe the rights of another person;
• manipulate, interfere with or unfairly exploit any prediction, competition, game, promotion or other product offered through the Services;
• create or use multiple, false or misleading accounts to circumvent eligibility, participation, geographic or other restrictions; or
• use Omnipass intellectual property except as permitted by these Terms.

The Website, Services and all associated software, technology, designs, text, graphics, logos, trademarks, data compilations, interfaces and other content made available by or on behalf of Omnipass (“Content”) are owned by or licensed to Omnipass and are protected by applicable intellectual property laws.

Subject to these Terms, we grant you a limited, personal, revocable, non-exclusive, non-transferable and non-sublicensable right to access and use the Website and Content for your own lawful, non-commercial use of the Services.

Except as expressly permitted by us or by applicable law, you may not copy, reproduce, modify, distribute, sell, license, scrape, reverse engineer, create derivative works from or commercially exploit the Website, Services or Content.

All third-party names, logos, trademarks and content remain the property of their respective owners.

If you ask us to contact you, subscribe to communications, create an account or otherwise provide appropriate permission, we may communicate with you by email, text message, telephone, push notification or other electronic channels regarding the Services, product updates, offers, promotions and other information that may interest you, subject to applicable law.

You can opt out of promotional emails by using the unsubscribe link in the message and may use other opt-out methods made available in the relevant communication. Opting out of marketing does not prevent us from sending transactional, security, account or service-related communications where permitted or required.

Further information about how we use personal information for marketing, personalisation and advertising is contained in our Privacy Notice.

Our collection, use, disclosure, storage and protection of personal information is described in our Privacy Notice. By using the Website or Services, you acknowledge that you have read and understood our Privacy Notice and that your personal information may be processed as described in it, subject to any applicable laws.

Certain products or services made available through the Website may have additional or product-specific privacy notices or disclosures where personal information is collected, used or otherwise processed in a manner that is not fully covered by the Omnipass Privacy Notice. Where applicable, those additional notices or disclosures will apply together with the Omnipass Privacy Notice.

Where consent is required by applicable law for a particular processing activity, we will obtain that consent separately or as part of the relevant customer journey.

We aim to make the Website and Services available reliably, but we do not guarantee that they will always be uninterrupted, error-free, secure or available. Maintenance, technical issues, third-party dependencies, events outside our reasonable control or changes to a product may affect availability.

We may modify, suspend, restrict or discontinue all or part of a Service for commercial, operational, technical, security, maintenance, legal or regulatory reasons, to prevent misuse, or where you materially breach these Terms or applicable Product Terms, subject to applicable law and any applicable Product Terms.

Except for warranties, guarantees or rights that cannot lawfully be excluded, and to the fullest extent permitted by applicable law, the Website, Services and Content are provided on an “as is” and “as available” basis. We disclaim warranties of merchantability, fitness for a particular purpose, non-infringement and any other warranties that may lawfully be disclaimed.

We do not warrant that information available through the Website or Services will always be complete, accurate or current, although we may be required by law or applicable Product Terms to provide particular information accurately.

No information provided through Omnipass constitutes financial, investment, legal or professional advice unless expressly stated otherwise.

To the fullest extent permitted by applicable law, Omnipass and its officers, members, employees, contractors and agents will not be liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for loss of profits, revenue, data, goodwill or business opportunity, arising from or relating to the Website or Services.

To the fullest extent permitted by applicable law, Omnipass’s aggregate liability arising out of or relating to the Website, Services or these Terms will not exceed the greater of (a) the amount you paid to Omnipass for the relevant Service during the six months preceding the event giving rise to the claim or (b) US$100.

Some jurisdictions do not permit certain exclusions or limitations of liability. In those jurisdictions, these limitations apply only to the maximum extent permitted by law.

Nothing in these Terms excludes or limits any liability to the extent that such liability cannot lawfully be excluded or limited, including liability for fraud, fraudulent misrepresentation or wilful misconduct where such liability is non-excludable under applicable law.

To the extent permitted by applicable law, you agree to indemnify and hold harmless Omnipass and its officers, members, employees and agents from third-party claims, losses, liabilities and reasonable costs arising from your unlawful use of the Website or Services, your material breach of these Terms, or your infringement of another person’s rights.

You may stop using the Website at any time and may cancel an account or Service in accordance with the applicable cancellation process or Product Terms.

We may suspend or terminate access to a Service where you materially breach these Terms or Product Terms, engage in fraud or unlawful conduct, create a security risk, where reasonably required by a Third-Party Provider in connection with the relevant Service, or where suspension or termination is reasonably required by law or a regulator.

Termination does not affect rights or obligations that accrued before termination. Provisions which by their nature are intended to survive termination will continue to apply.

We may update these Terms from time to time to reflect changes to our Services, business, legal requirements or practices. The updated Terms and effective date will be posted on the Website and you are responsible for checking the Terms from time to time. Unless required by applicable law, we are not required to notify you individually of any changes.

Where required by applicable law, we will provide additional notice or obtain consent before material changes take effect. Your continued use of the Website or Services after an update takes effect constitutes acceptance of the updated Terms, only to the extent permitted by applicable law.

These Terms are governed by the laws of the state of Delaware without regard to conflict-of-laws principles, except to the extent that applicable consumer protection law(s) require otherwise.

Subject to any mandatory rights available to you under applicable law, the state and federal courts located in Delaware will have jurisdiction over disputes arising from or relating to these Terms or the Services.

Nothing in these Terms limits any non-waivable consumer right or remedy available under any applicable law.

If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect and the affected provision will be enforced to the maximum extent permitted by law.

Our failure to enforce a provision is not a waiver of that provision. You may not assign your rights under these Terms without our written consent. We may assign these Terms as part of a merger, reorganization, sale of business or assets, or to an affiliate or successor, subject to applicable law.

These Terms, together with any applicable Product Terms, constitute the agreement between you and Omnipass regarding the relevant Website or Service, except where another written agreement expressly applies. Our Privacy Notice describes how we collect, use, disclose and otherwise process personal information in connection with the Website and Services.

Please see below the relevant additional details and contact information for Omnipass:

• Name: Omnipass LLC
• State of incorporation: Delaware
• Registered business address: [insert]
• Website: https://omnipass.cc/
• General enquiries: [insert email address]
• Legal / compliance enquiries: [insert email address]