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Terms and conditions

Tote Partner API Licence Terms (“API Terms”)

1. Parties

1.1 By using the Partner API (defined below) You are entering into an arrangement with TDCO Limited, a company registered in the United Kingdom (registered company number 11300287) with offices located at 6th Floor, 6 Kean Street, London, United Kingdom, WC2B 4AS

1.2 TDCO Limited is licensed and regulated by the Gambling Commission of Great Britain (licence number: 000-054779-R-331321-00). TDCO Limited also holds a remote bookmakers licence number 1016589 issued by the National Excise Licence Office for pool betting customers in Ireland. The trading name of TDCO Limited is "Tote"

2. Interpretation

2.1 In order to access the API Services You must register a customer account with Us on Our digital channels (via tote.co.uk, tote.ie or Our official mobile applications) (“Customer Account”).

2.2 Your use of the API Services will be linked to Your Customer Account and will be subject to these API Terms and the current version of the Tote Terms and Conditions (https://tote.co.uk/terms-and-conditions) and the Tote Betting Terms and Rules (https://tote.co.uk/betting-terms-and-rules). Please ensure You familiarize Yourself with these terms prior to utilising the Partner API.

2.3 These terms and conditions and any terms incorporated herein by reference (“API Terms”), constitute the legal agreement relating to Your use of the bet placement application programming interface (“Partner API”) offered by Us as described in more detail in the documentation hosted at https://developers.services.tote.co.uk/ (“API Documentation”).

2.4 In this agreement unless the context otherwise requires, capitalised expressions shall have the meaning set out in the Tote Terms and Conditions and/or Tote Betting Terms and Rules.

2.5 References in these API Terms to “Tote”, “Us”, “Our” or “We” are references to TDCO Limited.

2.6 References to “You” and “Your” in the API Terms are to You as Our customer and the user of the API Services.

2.7 References to the “Tote Group” in these API Terms means TDCO Limited, its ultimate holding company and all subsidiaries of its ultimate holding company, the definitions of "holding company" and "subsidiary" being those set out in section 1159 of the Companies Act 2006;

2.8 References to “Tote Bets” in these API Terms means the specific bets types made available by Us to You via the Partner API in respect of selected domestic or international pari-mutuel pools operated or made accessible by the Tote Group (“Tote Pools”).

3. Licence

3.1 Subject to Your continued compliance with these API Terms (and all other terms incorporated herein by reference), We grant You a personal, non-transferable, non-exclusive licence during the term of the agreement:

  1. for You to access the Partner API solely for the purposes of:
    • (i) placing Tote Bets with Us via the pre-approved access point; and
    • (ii) making Partner API calls in compliance with the current version of the API Documentation; and
    • (iii) betting in accordance with any trading limits communicated to You by Us.
  2. to display data which is published or made available through the Partner API, along with any related metadata (“API Data”) within Your System (defined in clause 5.5 below); and
  3. to use the Tote IPR solely in connection with the use of the Partner API and in accordance with the API Terms, (together the “API Services”).

3.2 The licence granted in clause 3.1 shall continue in force until such point as it is terminated by Us in accordance with these API Terms.

3.3 You may not:

  1. access the Partner API by any means other than the security key which We make available to You in order to access the Partner API (“API Key”);
  2. intentionally or otherwise enable the Partner API, API Key or API Data to be accessed by or be made available to any third party;
  3. use the Partner API to place Tote Bets on behalf of or for the benefit of any third party (and will remain responsible and liable for any use of the Partner API by any third party (whether authorised or otherwise));
  4. use the Partner API (whether to place Tote Bets or otherwise) in contravention of any restrictions, conditions or limits (whether financial or otherwise) communicated to You by Us.
  5. place any Tote Bets via the Partner API contrary to any of the relevant betting rules made available at https://developers.services.tote.co.uk/ for any pools, whether operated by Us or any third-party.
  6. publish the API Data or share any derivative of the API Data with any third party;
  7. use the Partner API or API Data in any manner or for any purpose that infringes, misappropriates, or otherwise infringes any Intellectual Property Right or other right of any person, or that violates any applicable law;
  8. attempt to cloak or conceal Your identity when requesting authorisation to use the Partner API or making an API Call;
  9. combine or integrate the Partner API or API Data with any software, technology, services, or materials not approved in advance by Us;
  10. commercially exploit, sell, license or distribute the Partner API or API Data or any products and/or services incorporating the results retrieved using the Partner API or via an API Call (unless You have entered into a separate commercial licence arrangement with Us);
  11. access all or any part of the Partner API or API Data to build a product and/or service which competes with the Partner API or the goods or services provided by the Tote (or any part of it);
  12. copy, adapt, reverse engineer, decompile, disassemble, modify, adapt or make error corrections to the Partner API or the Tote System, in whole or in part;
  13. allow the Partner API or API Data to become the subject of any charge, lien or encumbrance; or
  14. use the Partner API or API Data in any way other than as specified in these API Terms without the prior written consent of the Tote.

3.4 Any Tote Bets You place via the Partner API shall not be deemed accepted by Us until You receive a notification via the Partner API or Tote System which confirms a Tote Bet has been successfully commingled into the Tote Pool (“Bet Acceptance Notification”).

4. Your responsibilities and warranties

4.1 In order to use the API Service You must pay an access fee as notified to You during the process of signing up for the API Services (“Access Fee”).

4.2 You must obtain an API Key through the registration process available at https://developers.services.tote.co.uk/ and use the API Key as the Customer’s sole means of accessing the Partner API.

4.3 By using the Partner API You warrant that You will:

  1. comply with all applicable laws and regulations relating to these API Terms;
  2. comply with the responsibilities set out in this agreement in a timely and efficient manner; and
  3. notify Us as soon as You become aware of any unauthorised use of the Partner API or API Data by any person.

4.4 You are responsible and liable for all acts or omissions, howsoever arising, related to Your connection to or use of the Partner API (including all Tote Bets being placed via Partner API).

4.5 You shall be responsible (at Your own expense) for the operation, maintenance and security of any software, together with any other network and information systems (including any hardware, software and other infrastructure) and processes You use to access the Partner API, make an API Call or otherwise communicate or interact with Our systems (“Your System”).

4.6 You are solely responsible for all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to Your System (including telecommunications links or issues caused by the internet).

4.7 Your System must meet any recommended specification and functionality requirements as set out in the API Documentation (or as notified to You from time to time) and if instructed by Us to do so you shall ensure (at your own cost) that Your System is compatible with and connected to the latest version of the Partner API.

4.8 Your continued use of the Partner API and ability to place Tote Bets shall be subject to You and Your System passing and continuing to pass such tests as We reasonably require (including tests relating to connected system functionality and performance) from time to time.

4.9 You will take all reasonable steps to secure the Partner API, the API Data, the Tote IPR and the API Key (including all copies thereof) from infringement, misappropriation, theft, misuse of unauthorised access and prevent the introduction of any virus or vulnerability into the Tote’s network and information systems (including the system owned and/or operated by Us to facilitate the commingling of Tote Bets into the Tote Pools via the Partner API (“Tote System”)).

5. Dividend Enhancement

5.1 Subject to Your continued compliance with these API Terms and the Tote Terms and conditions, Tote Bets placed by You via the Partner API may benefit from an enhancement to the standard dividend payable on Tote Bets (“API Enhancement”).

5.2 Details of Your API Enhancement will be notified to You as part of the Partner API sign up procedures and updated from time to time pursuant to clause 8.2 below.

5.3 The API Enhancement:

  1. applies to individual dividends and not aggregated returns;
  2. is applied to the entire dividend and declared to two decimal places; and
  3. is only applied to dividends of 1.20 or above and Tote Bets placed on selections which return a standard dividend below 1.20 will be settled on the basis of that standard dividend.

5.4 Unless otherwise communicated by Us to You, Tote Bets placed via Partner API do not qualify for any other promotion which is available on Our website or other channels (including but not limited to the Tote Guarantee (SP Guarantee) and Tote+ promotions).

5.5 All dividend computations made by Us shall be final regardless of mistakes in transmissions or failures to transmit or receive all Tote Bets

6. Communication Failures

6.1 If there is an Partner API or communication or computer failure after Tote Bets have been submitted by You via the Partner API and You do not receive a Bet Acceptance Notification then in order to maintain the integrity of the relevant Tote Pool We may without any obligation or liability on Our part elect to void Your Tote Bet and exclude it from the calculation of the relevant Tote Pool dividend

7. Partner API Availability Disclaimer

7.1 The Partner API and API Data is provided to You on an “as is” basis and may include faults.

7.2 We disclaim all warranties, whether express, implied, statutory, or otherwise, including without limitation warranties of merchantability, noninfringement, fitness for a particular purpose, and any warranties or conditions arising out of this agreement, course of dealing or usage of trade.

7.3 We do not warrant that the Partner API, API Data or any other product or service provided hereunder will meet any of Your requirements, provide access to any specific Tote Bet, or that use of the Partner API or API Data or any other product or service We provide will be error-free, uninterrupted, virus-free or secure.

7.4 We are not responsible for and shall have no liability for any Tote Bets which are not accepted by the Tote System as a result of any delays or delivery failures (howsoever caused), or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and You acknowledge that the Partner API and API Data may be subject to limitations, delays and other problems inherent in the use of such communications facilities.

8. Bet Availability and Changes

8.1 The range of Tote Bets available via the Partner API is subject to change from time to time and may differ from those which are available via Our website or apps.

8.2 We shall notify You in writing from time to time of any changes to the:

  1. Tote Bets that are available via the Partner API;
  2. Tote Takeout Rates;
  3. Tote Rules;
  4. Access Fee;
  5. API Enhancement; or
  6. these API Terms, and You acknowledge that where a Tote Pool is being hosted by a third party (“International Pools”) the respective hosts of each Tote Pool have the sole discretion to make any such changes they consider fit at any time and require Us to incorporate such changes into these API Terms.

8.3 Changes to any of the items described in Clause 8.2 above will take effect immediately upon the date We notify You of the change.

8.4 Should You object to the changes You described in Clause 8.2 You may elect to terminate Your Partner API account by providing Us with written notice of Your decision. In such circumstances We will revoke Your access to the Partner API.

8.5 Your continued use of the Partner API service following receipt of the notification above shall constitute acceptance of any of the changes described in Clause 8.2.

9. Intellectual property rights

9.1 You shall not acquire any Intellectual Property Rights, title or interest in the Partner API, API Feed, API Data, Our branding, products, trademarks or any other material made available to You by Us (whether such material is owned by Us and/or licensed to Us by a third party and subsequently provided to You in the course of dealing) (“Tote IPR”).

9.2 For the purpose of this clause (“Intellectual Property Rights”) means patents, utility models, rights to inventions, copyright and related rights, trade marks and service marks, trade names and domain names, rights in get-up, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to preserve the confidentiality of information (including know-how and trade secrets) and any other intellectual property rights, including all applications for (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.

9.3 You acknowledge that all goodwill associated with the use of the Tote IPR will inure to the benefit of the Tote.

9.4 The parties acknowledge that You may create data, now or in future, which has benefited from, derived from, relied on or made any use of, the Partner API or API Data (including, without limitation, where the You have created data by modifying, re-formatting, analysing or performing searches, look ups and/or enquiries using the Partner API or API Data) (“Derived Data”).

9.5 All Intellectual Property Rights, title and interest in any Derived Data shall vest in Us upon creation by You. You agree, upon request, to assign to Us absolutely with full title guarantee all right, title and interest in and to the Derived Data.

9.6 All use by the Customer of the Tote IPR, if any, will comply with any usage guidelines that the Tote may specify from time to time.

9.7 You will promptly notify Us if You become aware of any infringement in respect of the Tote IPR and will fully co-operate with Us in any legal action taken by Us to enforce Our Intellectual Property Rights.

10. Our Remedies

10.1 Without prejudice to Our other rights and remedies under this agreement or (otherwise available to Us) and notwithstanding the receipt of any Bet Acceptance Notification by You, if any of the following events arise We may elect to use the remedies set out in clause 10.2 below:

  1. You use the Partner API or API Data other than as specified in the API Terms; or
  2. You breach any of the API Terms; the Tote Terms and Conditions and/or the Tote Betting Terms and Rules or any other terms incorporated herein by reference; or
  3. You place bets in excess of any agreed volume restrictions advised by Us from time to time;
  4. You use the Partner API in contravention of any restrictions, conditions or limits (whether financial or otherwise) communicated to You by Us.
  5. the host of any third party pool requires Us (for any reason whatsoever) to void any Tote Bets placed by You or suspend/restrict Your access to their betting products;
  6. You fail to pay any sums owed to Us (including the Access Fee) pursuant to these API Terms or the Tote Terms and Conditions;
  7. We believe (acting reasonably) that Your continued use of the API Service:
    • (i) would constitute fraud, money laundering or dishonest behaviour; and/or
    • (ii) might prejudice Tote’s or Tote Group's relationship with any regulator or of Tote Group's ability to obtain or maintain any gambling licence; and/or
    • (iii) would constitute a breach of applicable law and/or guidance issued by a relevant regulatory authority; and/or
    • (iv) results in negative publicity concerning the Customer, its owner(s) or Tote Group (if applicable), which Tote believes may damage the reputation of Tote, or any member of Tote Group’s brand;
    • (v) may cause an unreasonable delay in Us declaring dividends;
    • (vi) may present a security to threat to the Tote Group’s systems;
    • (vii) may impact the integrity of the Tote Pools;
    • (vii) may be contrary to the interests of Tote; and/or
    • (ix) has resulted in bets being placed in breach of any trading conditions or in excess of any financial limits which We have communicated to You.

10.2 If any of the events listed in clause 10.1 arise, We may (with immediate effective by providing notice in writing)

  1. void any of Your Tote Bets and/or withhold any winnings or API Enhancement which arise following such breach; and/or
  2. suspend access to and use of the Partner API and the API Data; and/or
  3. suspend or terminate Your betting account.

10.3 We are also entitled to remove access to the API Service at any time for any reason (and without the obligation to provide a reason) by giving You no less than 14 days' written notice.

10.4 Any provision of this agreement that expressly or by implication is intended to come into or continue in force on or after termination or expiry of this agreement shall remain in full force and effect.

10.5 If We terminate Your access to the API Service for any reason all rights granted to You under this licence shall cease and You will cease to use the Partner API, API Key, API Data and all other activities authorised by this licence;

11. Audit

11.1 You agree that We may remotely monitor and audit Your use of the Partner API and the API Data to ensure You are complying with the terms of this agreement.

12. Confidentiality and publicity

12.1 Both parties shall, during the term of this agreement and thereafter, keep confidential all, and shall not use for its own purposes (other than implementation of this agreement) nor without the prior written consent of the other disclose to any third party (except its professional advisers or as may be required by any law or any legal or regulatory authority) any information of a confidential nature which may become known to such party from the other party and which relates to the other party or any of its affiliates, unless that information is public knowledge or already known to such party at the time of disclosure, or subsequently becomes public knowledge other than by breach of this licence, or subsequently comes lawfully into the possession of such party from a third party.

12.2 For the avoidance of doubt the Partner API, the API Data, API Key, Access Fee and API Enhancement shall be considered Our confidential information for the purposes of this agreement.

13. Entire agreement

13.1 This agreement, the schedules and the documents annexed as appendices to this agreement or otherwise referred to herein contain the whole agreement between the parties relating to the subject matter hereof and supersede all prior agreements, arrangements and understandings between the parties relating to that subject matter.

13.2 Each party acknowledges that, in entering into this agreement and the documents referred to and/or annexed to it, it does not rely on any statement, representation, assurance or warranty (whether it was made negligently or innocently) of any person (whether a party to this licence or not) (Representation) other than as expressly set out in this agreement or those documents.

13.3 Each party agrees that the only rights and remedies available to it arising out of or in connection with a Representation shall be for breach of contract.

13.4 Nothing in this clause shall limit or exclude any liability for fraud.

14. Third-party rights

14.1 A person who is not a party to this agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement, but this does not affect any right or remedy of a third party which exists, or is available, apart from that Act.

14.2 Each party confirms it is acting on its own behalf and not for the benefit of any other person.

This licence has been entered into on the date You first utilise the API Key to access the Partner API.