IMPORTANT: PLEASE READ THE INFORMATION SET OUT BELOW CAREFULLY BEFORE ACCEPTING THESE TERMS AND CONDITIONS, THEN PRINT AND STORE THESE TERMS AND CONDITIONS ALONG WITH ALL TRANSACTION DATA, RULES AND REGULATIONS AND PAYMENT METHODS RELEVANT TO YOUR USE OF THIS WEBSITE.

Introduction

Notice and acceptance of these terms and conditions constitutes the making of an agreement, which you accept by selecting the “Agree” on this page and proceeding to access the Website. When you do so, a legally binding agreement in accordance with these terms and conditions is concluded between (a) you, the end user of the Website (the “Customer”), and (b) the Company.

General terms and conditions

The following are the terms and conditions governing the use of the Website. All Customer activities on the Website are subject to, and governed by these Terms and Conditions.

Definitions
1. The following terms shall have the following meanings:
  1. Company Services: The betting and gaming services through remote gambling devices available through the Website and by the Company;
  2. Documentation: These Terms and Conditions, the Privacy Policy, the Betting Rules and Regulations;
  3. Event: the event, incident, occurrence or happening on which the Company is allowing betting through the Website and the Company Services;
  4. Illegal: shall include but not be limited to attempts to circumvent the Documentation; betting limits; win limits; hacking; unauthorized use or misuse of the Customer Account or Login ID; attempts to circumvent or bypass any security mechanisms available on the Website or the Company’s systems or networks; wrongfully, attempt to transfer or transfer funds from a third person’s Customer Account; any act or omission through use of the Website of the Company Services cause any harm to the Company or to any third person; provision of false Customer ID; collusion, acting in concert or syndicate to defraud the Company and/or, any actions and/or omissions contrary to the law applicable to these Terms and Conditions; and, any actions and/or omissions which the Company reasonably deems to be a fraudulent and/or wrongdoings;
  5. Market: the bet types related to, or possibilities and/or options to place bets on, a particular Event as offered by the Company through the Website;
  6. Personal Information: Shall have the same meaning as in the Privacy Policy in addition to the Customer ID (as defined herein);
  7. Privacy Policy: The Company’s policy on privacy and information handling with respect to Customers, the Website and the Company Services, published by the Company from time to time available at the Website;
  8. Prohibited Jurisdictions: Countries or Jurisdictions which do not allow or prohibit remote gambling in their respective territories or jurisdictions.
  9. Betting Rules and Regulations: The rules for betting on the Website and using the Company Services, published by the Company from time to time available in the Website;
  10. Terms and Conditions: This document, the provisions included herein and all documents referenced herein available in the Website;
Interpretation
1. Unless otherwise specifically specified in writing, any reference herein to:
  1. a statute, enactment, or statutory provision includes a reference to the statute, enactment, or statutory provision as modified or re-enacted or both from time to time, and to any subordinate legislation made under it;
  2. a document is a reference to the document as from time to time supplemented or varied;
  3. the singular includes the plural and vice versa and the masculine includes the feminine and the neuter genders and vice versa;
  4. a person includes natural persons, firms, partnerships, companies, corporations, associations, organisations, governments, states, governmental or state agencies, foundations and trusts (in each case, whether or not having separate legal personality);
  5. years, months and weeks, are to calendar years, months and weeks respectively; days are to Business days; and, times of the day are to Greenwich Mean Time (GMT) plus eight hours, where “Business Hours” are eight (8) hours to sixteen (16) hours on a Business Day; and
  6. writing includes fax transmission, but excludes email, text messages (SMS) and other similar means of communication.
2. The Privacy Policy, Terms of Use, and Betting Rules and Regulations form part of these Terms and Conditions. Reference to these Terms and Conditions include the aforementioned Documentation.
3. The headings and abbreviations used in the Documentation are inserted for convenience only and shall not affect the interpretation of the Documentation.
4. In the Documentation, any phrase introduced by the words include, including, includes and such as are to be construed as illustrative and shall not limit the sense of the words preceding those words.
5. The Documentation has been originally written in the English language. If the Documentation is translated into any other language, the English version will prevail. If there is any inconsistency between the Documentation any SupplementaryDocumentation or any other document incorporated by reference, these Terms and Conditions will at all times prevail.
Applicability and Acceptance
1. The Customer is deemed to have accepted the Documentation by selecting the “Agree” button on this page and proceeding to access the Website or otherwise by opening an account with the Company or using the Company Services. By agreeing to the Documentation and/or because of the Customer’s use of the Website or Company Services, the Customer is bound by the Documentation.
2. The Company reserves the right to amend the Documentation as it sees fit from time to time and at anytime without prior notice to the Customer. However, the Company will make reasonable efforts so that a prominent notice on the Website displays any significant changes to the Documentation. The most updated version of the Documentation may be found at the Website.
3. It remains the Customer’s responsibility to periodically check the Documentation on the Website every time the Website is accessed to ensure that the Customer continues to agree with it. The Customer’s continued use of the Website and/or the Company Services will be deemed to be an unconditional and irrevocable acceptance of the Documentation and any changes made to it. Any bets received, accepted, recorded and settled shall be governed by the existing Documentation published on the Website and any changes thereto at the time when the bet was received, accepted, recorded and settled by the Company.
Customer Identification and Account
1. To use the Company Services and the Website a person must first open an account with the Company (“Customer Account”) by providing at least the following true and accurate information, (“Customer ID”) as determined by the Company in its sole and absolute discretion from time to time and at anytime:
  1. Complete legal name as it appears in a government issued identification document;
  2. Determination of a government issued identification document including its number;
  3. Complete and current usual residential address;
  4. Nationality;
  5. Date of birth;
  6. Current and valid electronic mail address;
  7. Current and valid phone number.
2. The Customer acknowledges having read and agreed with the Privacy Policy and further agrees that:
  1. consent to the processing and use of Personal Information, in accordance with the Privacy Policy, is hereby granted;
  2. the Company may disclose the Customer’s Personal Information to any third persons without the Customer’s prior written consent, in the event of a lawful court or governmental order requesting such information; in the course of a money laundering investigation by the Company or any third person; and, when there is reasonable suspicion by the Company that the Customer Account or the Customer are involved in an Illegal transaction, even if unrelated to the Company; and
  3. the Company may process, use, transfer and dispose of the Customer’s Personal Information worldwide in any way the Company chooses.
3. Only upon, accepting the Documentation, opening a Customer Account and using the Company Services, is a person deemed to be a Customer of the Company. The Company reserves the right of accepting or rejecting a Customer for any reason whatsoever and at anytime. Any activity or transactions by a person not deemed a Customer is considered null and void.
4. It is the Customer's responsibility to ensure that the Customer ID is kept up-to-date with the Company. The Customer must provide truthful information when opening or updating a Customer Account, failure to do so will result in a breach of these Terms and Conditions and immediate closure of the Customer Account forfeiting all funds.
5. Upon a request by the Company the Customer agrees to immediately provide the Company with any documentation to verify the Customer ID information.
6. The Customer authorises the Company to use any lawful means that it considers necessary to verify the Customer ID information.
7. Upon provision by the Customer of the Customer ID Information as set out in 4.1 herein, the Company will issue a Username and Password (collectively “Login ID”), for which the following terms and conditions shall apply:
  1. Only the Company may issue a Username; it may not be modified or changed at anytime;
  2. The Login ID is personal to the Customer and may only be used by the Customer. Safeguarding the secrecy or confidentiality of the Login ID is the responsibility of the Customer. The Customer shall be fully responsible for any activity and transactions on the Website carried out with its Login ID as well for any misuse by, and/or unauthorised disclosure of the Login ID to, any person. The Customer must continuously change the Password of the Login ID at least once a month to minimize possibility of actual or suspected misuse, breach or compromise of the Login ID.
  3. The Customer must immediately notify the Company in writing of any actual or suspected misuse, breach or compromise of the Login ID. Until the Company has received said notice the Customer shall continue to be responsible for all activity and transactions carried out with the Customer’s Login ID. Upon receipt of said notice, the Company shall forthwith suspend the Customer Account. The Company will not be held responsible or liable in any way whatsoever for any reasonable delay in such suspension of the Customer Account. For the avoidance of doubt, until said notice is received by the Company and the Customer Account is suspended activity and transactions through the Customer Account shall continue to be considered valid; only after the receipt of said notice and the Customer Account being suspended will activity and transactions through the Customer Account shall considered to be void;
  4. If the Company has reason to believe that there is likely to be a breach of security or misuse of the Website or any actual or suspected misuse, breach or compromise of Customer’s Login ID, the Company at its sole and absolute discretion may suspend the Customer Account and/or change the Password of the Login ID notifying the Customer after the fact. The aforesaid as a preventive measure only, without importing any liability or obligation whatsoever for the Company should it choose not to exercise this possibility.
  5. The Company may perform random security checks on Customer Accounts at any time or from time to time. The Customer hereby accepts that the Company maintains the right to carry such checks and demand additional information and/or documentation from the Customer.
  6. The Company reserves the right at the Company’s reasonable sole and absolute discretion, without further explanation to the Customer, with respect to a Customer Account:
    1. to suspend it, if the Company has a reasonable belief that continued use of the Customer Account would create unexpected damage or loss of any kind to the Customer or to the Company;
    2. to suspend it, if during the investigation of a breach of the Documentation;
    3. to close it, if the Customer commits any breach of the Documentation, as determined by the Company in the Company’s sole and absolute discretion. In which case the Company reserves all its rights and remedies against the Customer under the Documentation and at law and reserves the right to retain any funds from the Customeras a guarantee of the Customer’s obligations hereunder and/or any liability arising from the said breach of the Documentation by the Customer;
    4. to close it, if there is reasonable suspicion by the Company of an Illegal transaction and/or the Customer being involved in Illegal activities, even if unrelated to the Company;
    5. to close it, if a Customer Account is inactive for three (3) months consecutive or longer, in which case the Customer agrees to forfeit any funds and all claims against the Company;
    6. to close it, if any Customer, person or Customers or group of persons acting in concert or as a syndicate to collude and/or defraud the Company;
    7. to close it or suspend it (at the Company’s choosing), at any time with reason or for no reason. In this event, however, outstanding transactions will be honoured (provided always these transactions are in accordance with the Documentation) and any funds due to the Customer will be refunded.
  7. When a Customer Account is suspended, the Company reserves the right without any liability of any kind for the Company (including interest, loss of savings or contract) to freeze any funds payable to the Customer; stop the use of the Customer Account and any transactions associated with it; void any and all bets pending to be accepted; use any information available to the Company and any means of investigation the Company elects (including contacting third persons, Government offices and/or requesting documentation and information from the Customer) to conduct an inquiry into the incident that caused the suspension; all to which the Customer hereby consents and agrees to fully cooperate. Lack of cooperation by the Customer shall result in the immediate closure of the Customer Account.
  8. When a Customer Account is closed, the Company reserves the right without any liability of any kind for the Company (including interest, loss of savings or contract) to withhold any funds payable to the Customer as guarantee of the Customer’s obligations or liabilities hereunder or as suspect of an Illegal activity; stop the use of the Customer Account and any Transactions associated with it; void any and all bets pending to be accepted; use any information available to the Company and any means of investigation the Company elects (including contacting third persons, Government offices and/or requesting documentation and information from the Customer) to conduct an inquiry into the incident that caused the closure, to which the Customer hereby consents and agrees to fully cooperate.
  9. The Customer may close the Customer Account with the Company at any time by notifying the Company in writing. Upon submission of said notice the Customer must stop using the Website immediately. Only after notification by the Company to the Customer that their Customer Account has been closed, will transactions made with theCustomer Account will be deemed void and the Customer Account considered closed. Customer will continue to be liable for any activity and transaction until the Customer Account is closed. Upon closure of the Customer Account the Company will refund (if applicable) any funds due to the Customer.
  10. It is the Customer’s responsibility to actively maintain the Customer Account. A Customer Account is deemed active if the Customer has logged in and utilized the Company’s Services using the Customer Account in any one (1) month period, otherwise the Customer Account is deemed inactive.
8. Person may open or hold only one Customer Account. Any additional Customer Accounts that are opened will be closed by the Company and (if applicable) any funds due to the Customer refunded or all such accounts may be treated as one joint account and merged together by the Company, in either case at the Company’s sole and absolute discretion. The Customer agrees that the Company shall use any method it deems reasonable to determine if two or more Customer Accounts belong to the same Customer.
9. The Company may issue temporary Customer Accounts for marketing or demonstration purposes. These accounts will elapse in a predetermined time period not exceeding thirty (30) days. After such period the temporary Customer Account will either be closed by the Company or the Customer must meet the criteria for, and open, a regular Customer Account.
Preliminary Customer Representations
1. In addition to any other representation or warranty included in the Documentation, the Customer irrevocably and unconditionally accepts, represents and warrants and is bound without reservation or limitation (as the case may be) that the Customer:
  1. is over the age of 18, or the age of consent, or age of majority in the Customer’s jurisdiction of usual residence or current location, whichever is higher;
  2. has the mental capacity to take responsibility for the Customer’s own actions and be bound by the Documentation, without force or coercion;
  3. understands that gambling over the Internet or other remote communication devices or gambling in general, may be unlawful in the jurisdiction where the Customer is located; the Customer it is solely responsible to ensure compliance with its applicable local or national laws before opening a Customer Account, using the Company Services or accessing the Website
  4. will not access the Website at any time:5.1.4.1.from within a jurisdiction that prohibits gambling or remote gambling;
  5. that the Company is rendering the Company Services from the jurisdiction and/or country stated herein, operating legally and licensed for the provision of said Company Services, where is legally permissible to do so; and that the Company has made an effort not to solicit or undergo business from or in Prohibited Jurisdictions or with Customers in, or from Prohibited Jurisdictions (if the Customer is from or is in a Prohibited Jurisdiction).
  6. has not been solicited or been offered the Company Services by the Company, and it is the Customer who has sought and requested the Company Services from the Company in accordance with the Documentation.
  7. is not aware of any marketing or publicity by the Company in its jurisdiction of usual residence or where it is located.
  8. will use the Website at its sole risk, understanding that money may be lost by use of the Company Services for which accepts full responsibility for any such loss (which is deemed forseable).
  9. will not represent itself as an agent or affiliate of the Company and in no way market, advertise, publicize, or promote the Company or the Company Services without the previous written consent of the Company.
  10. will not (or even attempt to) attack, hack, undergo any malicious activity, make unauthorised alterations to, or introduce any kind of malicious code to, the Website. As such, the Customer will not, including without limitation, (a) reverse engineer or decompile (in whole or in part) any software available through the Website; or (b) make copies, modify, reproduce, transmit, alter, use or distribute all or any part of the Website or any material or information contained in it; or (c) make unauthorized use of, or disclose, information in the Website and/or Customer Account to any person; or (d) contravene any of the provisions of the Documentation; or (e) cheat, deceive, trick, misinform or defraud the Company in any way through use or abuse of the Company
    Services or the Website. SHOULD THE COMPANY SUSPECT THAT THE CUSTOMER HAS FAILED TO ABIDE BY THE TERMS OF THIS PROVISION, THE COMPANY SHALL HAVE, IN ADDITION TO ANY OTHER REMEDY, THE RIGHT TO SUSPEND THE CUSTOMER ACCOUNT IN ORDER TO CARRY OUT AN INVESTIGATION WHICH IF CONFIRMS THE CUSTOMER’S FAILURE TO ABIDE BY THE TERMS OF THIS PROVISION, IN THE COMPANY’S SOLE AND ABSOLUTE DISCRETION, WILLRESULT IN THE CLOSURE OF THE CUSTOMER ACCOUNT AND FORFEITURE BY THE COMPANY OF ANY FUNDS.
  11. will not allow or authorize any other person or third party (including, without limitation, any minor) to use the Company Services, use the Customer Account or accept any winnings on their behalf.
  12. will forthwith report any and all winnings to the proper authorities if the Customer resides in a jurisdiction where such winnings are taxable or are otherwise required by law to be disclosed, and the Company shall not in anyway be liable for the Customer’s failure to do so.
  13. will fully indemnify, defend and hold the Company, and its stockholders, directors, officers, employees, consultants, advisors, agents, affiliates, and suppliers and other representatives (the “Extended Parties”) harmless, immediately on demand, from and against all claims, liabilities, damages, losses, costs and expenses, including legal fees, (regardless of theory of law) arising out of any breach of the Documentation by the Customer or any other liabilities arising out of the Documentation or Customer’s use of the Company Services.
2. The Customer agrees that any and all warranties and representations made herein are true and accurate and will comply and maintain each and everyone, while it remains a Customer of the Company with a Customer Account.
Terms of Transactions
1. A bet is only deemed placed (“Placed Bet”) when it is made by the Customer through the Internet via the Website, and such bet is deemed to be placed from the jurisdiction of the
2. Internet Protocol Address from where the Customer is accessing the Website, as recorded by the Company. A bet is deemed accepted and recorded (“Accepted Bet”) only when it has been accepted and recorded in accordance to the Documentation by the Company’s gaming server, and such bet is to be deemed accepted in the jurisdiction where the Company’s gaming server is located. A bet is deemed completed (“Completed Bet”) when accepted and recorded and the Customer has been notified (through an electronic acknowledgement sent by the Company to the Customer via the Website) of said acceptance and recordal.
3. A Customer Account must have an available Credit balance equal to at least the minimum amount for a bet in a game, for the Customer to be able to place a bet.
4. Customers are not allowed to cancel or change an Accepted Bet, the Company is under no obligation to cancel Accepted Bets.
5. Bets will be accepted up to the advertised deadline until when bets are accepted on any Games.
6. The Company reserves the right to definitely or temporarily suspend or prohibit further betting on a game at anytime without prior notice to the Customer at the Company’s sole and absolute discretion. Whereupon a game is suspended or access to it prohibited, any attempt to place bets by the Customer will be rejected.
7. A bet will be deemed void (“Void Bet”) if:
  1. it is not transmitted in full, including but not limited to instances where the bet transmission has been disrupted or interrupted due to technical or communication failure;
  2. inadvertedly accepted by the Company in contradiction to the Documentation;
  3. the Company has reasonable belief that the Customer or any person or group of persons are acting in concert or as a syndicate to collude against, or defraud the Company;
  4. the circumstances and/or assumptions considered by the Company for a particular change;
  5. a Market or Event is not suspended at the correct time, as determined in the absolute sole discretion of the Company;
  6. any typographical, technical, human or palpable errors in disclosing, posting or using Betting Information.
8. The Company reserves the right at its sole and absolute discretion without the need for explanation or prior notice given to the Customer to refuse any bet or part thereof.
9. All Betting Information is subject to variation but become fixed at the time a Placed Bet becomes an Accepted Bet. The Company reserves the right at its sole and absolute discretion without explanation or prior notice to the Customer to change the Betting Information at any time. Whenever by error, omission or mistake the incorrect Betting information has been displayed, the Company reserves the right at its sole discretion without prior notice to the Customer to void, reject, or accept any affected bets and/or to correct any error, omission or mistake. The Company will place a prominent notice on the Website in such events.
10. The maximum and minimum bet amount that a Customer may place on any Games varies according to the specific game and is subject to change without prior notice at the Company’s sole and absolute discretion. The Customer shall comply with the posted minimum and maximum bet amounts and limits.
11. Winnings will be credited to, and losses deducted from, the Customer’s Customer Account, following confirmation of the final result of the bet period from the relevant, reasonably appropriate, official source as determined by the Company in its sole and absolute discretion.
12. Customer must check their Customer Account funds balance upon each login. Should funds be credited to or debited from a Customer Account in error, it is the Customer’s responsibility to notify the Company of the error immediately without delay. Any sums credited to a Customer Account due to the error will be deemed invalid and must be returned to the Company. The Customer may not dispose of funds credited to a Customer Account in error and the Company reserves the right to void any transaction (including bets) involving such funds. The Customer agrees to indemnify the Company for the return of any erroneously credited funds that the Customer has disposed of.
13. The Company reserves the right in its sole and absolute discretion, without incurring any liability of any kind, with respect to any funds payable to Customers to:
14. freeze them in the event of the Customer Account being suspended; suspicion of an Illegal transaction or breach of the Documentation; pending the outcome of an investigation from any Government authority or financial institution; and/or,
15. withhold them in the event of the Customer Account being closed for an Illegal transaction or breach of the Documentation; and/or at the request of any Government authority or financial institution.
16. Any and all payments made to the Customer include any tax, including VAT or any chargeable, local sales tax at the rate prevailing on the date of the corresponding transaction. Any sums payable to the Company shall be paid in addition to any deductions, withholdings, set offs or counterclaims, including any deduction or withholding which may be required by law in relation to tax. The Customer shall be responsible, where applicable, for payment of any and all taxes, duties or levies applicable to any transaction.
17. All transactions and communications between Customers and the Company will be recorded (“Recordings”) by the Company in the interests of Customers and the Company. Recordings will be kept for a period of one (1) month from the date of the transaction or communication, respectively; after said period, the Recordings shall be discarded. Customers must notify any disputes related to any transaction to the Company within one (1) month from the date of the transaction. When a dispute occurs which, cannot be resolved by the Company’s management in good faith, the Recordings will be used as evidence in such a dispute. The Customer and the Company agree that the Recordings are true and accurate and will be the ultimate authority in resolving such disputes as a last recourse. The Company’s management shall make a final decision with respect to the dispute and communicate it to the Customer.
Limitation of Liability
Use of the Website and Video Streaming
1. The general use of the Website is governed in addition to these Terms and Conditions, by the Terms of Use and Privacy Policy.
2. Company reserves the right to withdraw the Website or elements thereof at any time, and shall not be liable to the Customer in any way as a result of any such action.
3. The Company’s offering of video streaming over the Internet, is proprietary, owned and copyrighted by the rightful intellectual property owners (who reserve all rights) and licensed to the Company. The Customer may only access the offering of video streaming over the Internet in accordance with any specific rules, terms and conditions that may apply for the particular offering as published separately by the Company from time to time and with which the Customer hereby accepts to fully comply with. At no time may the Customer copy, re-distribute or make any un-authorized use of the video feed offered, this would be considered a breach of these Terms and Conditions and allow the Company for the immediate closure of the Customer Account.
Promotions and Special Offers
1. From time to time the Company may issue promotions, special offers or other incentives to the Customers. These have no alternative cash value and are subject to the terms specified in that particular promotion, special offer or incentive which must be followed and complied with by the Customer. The Company reserves the right without the need of prior notice to the Customer, to withdraw or change a promotion, special offer or incentive at any time at the Company’s sole discretion.
General Rules and Specific Event Rules
1. The Company Services, all transactions, bets, and Betting Information is subject to these Terms and Conditions, the Documentation, and Betting Rules and Regulations, to whichthe Customer hereby acknowledges having read and accepted and further agrees to abide by. In addition to these Terms and Conditions and the Documentation, specifically the Betting Rules and Regulations specify the betting rules applicable to all Company Services, transactions, bets, and Betting Information, whereby the Specific game and Betting Rules and Regulations specify the betting rules particular to a specific game or bet type.
2. If there is an inconsistency, discrepancy or contradiction between the Terms and Conditions and the Betting Rules and Regulations the latter will prevail. If the Betting Rules and Regulations are silent on a particular matter, the relevant provision(s) of the Event’s Governing Body Authority will apply by analogy or interpretation (where applicable).
3. For the Financial Betting, please refer to the financial betting terms and conditions as found in the Betting Rules and Regulations.
General
1. The Website is not, and should not be regarded as an offer, solicitation or invitation by the Company for the use of, or subscription to, gambling services in any jurisdiction in which such activities are prohibited by law.
2. All other statements or arrangements, whether written or oral, express or implied (including any usage or custom and any terms arising through any course of dealing), between the Customer and the Company relating to the subject matter herein shall be deemed to have been superseded, cancelled, null and void.
3. Nothing in the Documentation shall be interpreted or construed as creating or establishing any other type of relationship between the Company and the Customer.
4. A failure or delay by the Company to exercise any right or remedy under the Documentation shall not be construed or operate as a waiver of that right or remedy nor shall any single or partial exercise of any right or remedy preclude the further exercise of that right or remedy.
5. Each of the provisions contained in the Documentation shall be construed as independent of every other provision, so that if any provision of the Documentation shall be determined by any court or competent authority to be illegal, invalid and/or unenforceable then such determination shall not affect any other provision of the Documentation, all of which other provisions shall remain in full force and effect.
6. The Customer acknowledges and warrants that it has independently sought and received independent and competent legal counsel with respect to the rights,obligations, terms, conditions and consequences acquired by the Documentation, all have been explained and have been completely understood.
7. Notices to the Customer or the Company relating to the Documentation must be in writing and must be delivered personally or sent by prepaid first class post, pre-paid air mail post, electronic mail or facsimile transmission to the address or fax number set out below:
  1. To the Customer: To the information provided as the Customer ID, should notice by any of the means included in the Customer ID fail three consecutive times with one hour intervals, the notice shall be deemed made after the third attempt.