Terms & Conditions­­­­­­­ Responsible Gambling­­ Privacy Policy­­­­

Terms & Conditions for Heat World Bingo

­INTRODUCTION

This website (www.heatworldbingo.com) and any mobile applications through which our Services are offered (“Website”) are operated by Virtue Fusion (Alderney) Limited (“we”, “us” or “VFA”), a company incorporated and registered in Alderney (company number 1628) whose registered office is at Inchalla, Le Val, Alderney GY9 3UL. VFA is licensed to provide gambling services by the Alderney Gambling Control Commission (licence number 40 C1 & C2) and the Gambling Commission of Great Britain (licence number 38838).

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We operate the Website under a brand licence from Bauer Consumer Media Limited. Bauer Consumer Media Limited is not responsible for the provision of any gambling or the Services, and your agreement is with VFA.

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These Terms & Conditions govern your gambling activity with VFA and are a legally binding contract between you and us. You will not be able to use our Services until you have read these Terms & Conditions and confirmed that you agree to be bound by them.

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These Terms & Conditions are effective from 1 November 2014. All previous terms and conditions are cancelled.

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PLEASE READ THE FOLLOWING TERMS & CONDITIONS CAREFULLY AND ENSURE THAT YOU UNDERSTAND THEM.

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BY OPENING AN ACCOUNT WITH US, YOU AGREE TO BE BOUND BY OUR TERMS & CONDITIONS AND OUR PRIVACY POLICY. YOU ALSO AGREE TO THE USE OF ELECTRONIC COMMUNICATIONS IN ORDER TO ENTER INTO CONTRACTS, AND YOU WAIVE ANY RIGHTS OR REQUIREMENTS UNDER APPLICABLE LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE A SIGNATURE BY HAND, TO THE EXTENT PERMITTED BY MANDATORY LAW.­

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IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS & CONDITIONS, PLEASE DO NOT USE THE WEBSITE OR OUR SERVICES. NOTE THAT THESE TERMS & CONDITIONS ALSO APPLY TO GAMBLING USING A MOBILE APPLICATION.

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We recommend that you print out these Terms & Conditions and store them safely along with all the confirmation e-mails, transaction data and payment methods relevant to your use of the Website and our Services.

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Contacting us

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You can contact our Customer Services team at bingosupport@bauermedia.co.uk

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RULES AND ADDITIONAL TERMS

To complement these Terms & Conditions, there are product specific rules (“Rules”) which govern particular games, events, markets and/or products. The Rules provide product specific detail and are incorporated into these Terms & Conditions.

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Where you play any game or wager with us, or otherwise use the Services, you agree to be bound by the Rules of any game you play (as set out in the game itself or in the “Help” section).

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In addition, you agree to be bound by any Promotional Terms and, if applicable, the Download Terms, both of which are incorporated into these Terms & Conditions by reference. If there is a conflict between these Terms & Conditions and one of the Rules, any Promotional Terms and/or the Download Terms, the provisions of, as applicable, the Rules, any Promotional Terms and/or the Download Terms shall prevail.

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DEFINITIONS

The following words and terms, when used in these Terms & Conditions, shall have the following meaning:

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"Account": one account pertaining to one individual at one domestic household address, opened by that individual and maintained with us to enable that individual to deposit and wager on the Website or otherwise use the Services;

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"Applicable Laws": any laws, rules and regulations which apply to you in the country in which you reside, or, if different, from which you are conducting activities with us, including (but not limited to) those relating to online gambling, your access to or use of the Services and/or the Website, or your making deposits and receipt of any withdrawal;

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Download Terms”: the additional terms and conditions which you may be required to agree to in order to download certain Software from time to time.

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"Gambling Transaction": placing a bet, wager, stake or similar transaction on the Website or by otherwise using the Services;

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

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"Payment Provider": a third party payment processing company;

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Prohibited Jurisdictions”: the territories from which you are not permitted to access the Website or our Services, as determined by us from time to time and as set out in the “Prohibited Jurisdictions” paragraph below;

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Promotional Terms”: separate terms and conditions in respect of promotions, bonuses and special offers (including any wagering requirements) related to the Services from time to time;

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"Services": the services offered by us from time to time through the Website or any other means;

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"Software": the software that is required to be downloaded, accessed or otherwise utilised by you from the Website for the purpose of enabling you to participate in the Services, including any program or data file derived therefrom and any related documentation, and including any enhancements, modifications, additions, translations or updates to such software; and

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"Winnings": any winnings payable to you following a successful Gambling Transaction.

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YOUR REPRESENTATIONS

  1. By opening an Account and placing Gambling Transactions with us, you promise and represent that:

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  1. you have understood and accepted these Terms & Conditions and our Privacy Policy;

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  1. you are bound by the provisions of these Terms & Conditions, the Rules and our Privacy Policy;

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  1. you are 18 years of age or older (and, in any case, are over the legal age for gambling in the jurisdiction which applies to you);

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  1. you have the mental capacity to take responsibility for your own actions and enter into an enforceable contract with us;

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  1. you are acting as principal and not on behalf of anyone else;

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  1. all information which you give, or have given, us in the registration process is accurate as at the date of registration;

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  1. you are not depositing funds originating from criminal or unlawful activities, and you are not otherwise conducting criminal or unlawful activities and/or intending to use the Account in connection with such activities;

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  1. you are not colluding, or attempting to collude, or intending to participate, directly or indirectly, in any collusion scheme with any other player in the course of any game you play, or will play, on the Website;

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  1. the debit card or credit card details supplied by you in the registration process are yours as the registered account holder and the relevant card has not been reported as lost or stolen;

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  1. you are not classified as a problem gambler or compulsive gambler, and have not previously self-excluded from this Website and/or any other gambling website;

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  1. you are not an officer, director, employee, consultant or agent or of one of our affiliated or subsidiary companies, or suppliers or vendors, and you are not any of their relatives as well (for the purpose of this clause, the term "relative" means spouse, partner, parent, child or sibling);

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  1. you understand that there is a risk of losing money by wagering on our Website and using our Services and you accept full responsibility for such losses.

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1.RESPONSIBLE GAMBLING

  1. As a responsible operator, we recognise that gambling can become a problem for some users. Consequently, we provide users with the facility to exclude themselves from using the Website and our Services, or to set financial limits in relation to their gambling.

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Self-exclusion

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  1. You can instruct us to exclude you from placing Gambling Transactions, either for a specific period of time (from a minimum of 6 months) or permanently, by contacting Customer Services. In asking Customer Services to exclude you from the Website and our Services, you acknowledge and agree that we will block your Account from placing Gambling Transactions for the period requested, starting as soon as possible after receipt of your request (and, in any event, no later than the next time you try and log in). The self-exclusion will be applied to all websites operated by us and members of our Group (please note that there may be a short delay in applying the self-exclusion to websites operated by other members of our Group).

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  1. If you do not self-exclude permanently then, during the period of self-exclusion, you will not be able to place Gambling Transactions or otherwise access your Account. On your request, we will return any outstanding balances to you. If you wish to reactivate your Account after the period of self-exclusion has expired, you may only do so by calling our Customer Services team on +44 (0) 800 520 0353 and requesting that the self-exclusion be lifted. Any request to lift the self-exclusion after the specified period has expired will be subject to a 24 hour “cooling off” period, after which your Account will be re-activated.

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  1. If you instruct us to exclude you permanently, your Account will be closed and reactivation will not be possible. On permanent self-exclusion, you are required to ensure that all available funds in your Account are withdrawn. If you self-exclude more than twice, your Account will immediately be permanently self-excluded on your third self-exclusion request, and reactivation will not be possible.

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  1. After your self-exclusion has been implemented, we will take all reasonable steps to stop sending marketing materials to you. Please note that this relates only to marketing materials sent by us. There may be a short delay between your self-exclusion being implemented and marketing materials being stopped.

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  1. During your period of self-exclusion, you promise not to circumvent, or to attempt to circumvent, the self-exclusion agreement by attempting to place Gambling Transaction using the Website or our Services, either yourself or using a third party. Any Accounts found to be in breach of a self-exclusion agreement will be closed as soon as they are discovered. Please note that if you access your Account and/or open a new Account ­during the self-exclusion period by fraudulent means or by deliberately entering incorrect information and our automated checks do not prevent this happening, then we shall have no responsibility or liability to you or any third party for any gambling activity that takes place (including to return any deposits, winnings or other funds in respect of such activity). Any new Accounts during a self-exclusion agreement will be closed as soon as they are detected by us.

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Setting Financial Limits

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  1. As part of our commitment to responsible gambling, you have the option to set a daily (24 hour), weekly or monthly deposit limit on your Account. To set a deposit limit, please contact Customer Services or (if applicable) select the option on the Website, setting out whether you wish to have a daily (24 hour), weekly or monthly deposit limit and the amount you wish to be set.

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  1. A decrease in your maximum deposit level and/or frequency will take effect immediately and an increase in your maximum deposit level and/or frequency will take effect after a “cooling off” period of 24 hours.

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  1. Any deposit limit that you set will be applied to all websites operated by us irrespective of the brand, and will be cumulative across all sites. The National Association for Gambling Care Educational Resources and Training (GAMCARE) provides information, advice and counselling to individuals, their family and friends who have concerns about problem gambling. The Helpline number for GAMCARE when calling from the UK is 0808 802 0133; this number may not be available from outside the UK.

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PROHIBITED JURISDICTIONS

  1. The Prohibited Jurisdictions are as follows: American Samoa; Austria; Belgium; Bolivia; Bulgaria; Canada; China; Colombia; Cuba; Cyprus; the Czech Republic; Democratic Republic of Korea; Denmark; Ecuador; Estonia; Ethiopia; Finland; France; Ghana; Greece; Guam; Hong Kong; Indonesia; Iran; Israel; Italy; Japan; Kenya; Libya; Macau; Malaysia; Myanmar; the Netherlands; the Netherlands Antilles; Nigeria; Northern Mariana Islands; Norway; Pakistan; Philippines; Portugal; Puerto Rico; Sao Tome and Principe; Serbia; Singapore; Slovakia; South Korea; Spain; Sri Lanka; Sudan; Switzerland; Syria; Tanzania; Thailand; Turkey; Vietnam; the United States of America; the US Minor Outlying Islands; the US Virgin Islands; and Yemen.

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  1. You may not use the Website and/or the Services if you are located in a Prohibited Jurisdiction. The fact that the Website is accessible in a Prohibited Jurisdiction, or that the Website is provided in the official language of a Prohibited Jurisdiction, shall not be construed as condoning the use of the Website in such Prohibited Jurisdiction. Any attempt to circumvent this restriction (for example, by using a VPN, proxy or similar service that masks or manipulates the identification of your real location, or by otherwise providing false or misleading information regarding your location, citizenship, or place of residence, or by making bets or wagers using the Website through a third party or on behalf of a third party located in a Prohibited Jurisdiction) is a breach of these Terms & Conditions and may constitute a criminal offence under Applicable Laws. If it becomes apparent, or we have reasonable grounds to suspect, that you are located in any of the Prohibited Jurisdictions, this may result in us closing your Account, without an obligation to provide you with advance notice, freezing the funds therein and providing the applicable details to any relevant authorities, all in accordance with Applicable Laws, and you shall compensate us for any damage or loss resulting therefrom. IT IS YOUR DUTY TO CONSULT AND CHECK REGULARLY THE WEBSITE REGARDING THE LIST OF THE PROHIBITED JURISDICTIONS.­

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  1. Some jurisdictions have not addressed the legality of online gambling, whereas others have specifically made online gambling illegal. We make no promise as to whether your accessing and/or use of the Website/Services is compliant with Applicable Laws in the jurisdiction in which you are located and you promise us that online gambling is not illegal in your jurisdiction.

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  1. You are responsible for ensuring that you comply with any laws applicable to a consumer gambling online in the country in which you are located. You must not access the Website and/or open an Account from within a jurisdiction that prohibits online gambling;­ nor must you do so if you are a citizen of a nation state that prohibits its citizens from participating in online gambling (regardless of their location).

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PROTECTION OF CUSTOMER FUNDS

  1. You acknowledge and agree that your Account is not a bank account and is therefore not insured, guaranteed, sponsored or otherwise protected by any deposit or banking or other insurance system of any jurisdiction. Any monies deposited with us will not receive any interest.­

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  1. Monies deposited with us will be held by our bank in a designation client account separated from our won company accounts. The account in which we hold deposits is not protected in the case of our insolvency. The Gambling Commission of Great Britain categorises our protection of customer funds as “basic” (see here http://www.gamblingcommission.gov.uk/consumers/protection_of_customer_funds.aspx for more details.) If you require any further information on protection of funds and insolvency, we suggest that you obtain external advice.

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YOUR ACCOUNT

Opening an Account

  1. In order to enter into a Gambling Transaction and/or use the Services, you will need to open an Account with us on the Website. You may only open one Account per Website and duplicate accounts are prohibited and will be closed. We do not operate a credit facility, and you may only enter into Gambling Transactions with funds held in your Account.

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  1. When registering an Account, you will be required to provide your personal information, including your name, date of birth, address, telephone number and email address. All information supplied by you must be accurate and complete in all respects. We will comply with all applicable data protection laws in respect of the personal information you supply to us and will only use your personal information in accordance with our Privacy Policy
  2. You can have as many payment methods as you like on your Account, but may only have one active credit card or debit card at any time. If the card registered to your Account is lost or stolen then you should notify Customer Services immediately.

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  1. You can only use the Website and/or the Services if you are 18 years of age or older (and, in any case, if you are over the legal age for gambling under the law or jurisdiction of the place where you are situated). It is illegal for anyone under the age of 18 to open an Account or to place Gambling Transactions on our sites or those of members of our Group. We reserve the right to forfeit all Gambling Transactions and return all deposits to anyone who we discover is under the age of 18. If you share your computer with anyone under the age of 18, we recommend that you put in place filtering software. Companies that provide filtering software include:

www.cyberpatrol.com­

www.netnanny.com

www.surfcontrol.com

www.cybersitter.com­

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  1. By accepting these Terms & Conditions, you agree that we are entitled to conduct any necessary identification, credit and other verification checks that we may require and/or are required of us under Applicable Laws and regulations or by regulatory authorities. You agree to provide us with any information in relation to such verification checks, and we reserve the right to request proof of age documentation and evidence to verify your identity, including certified documentation, from you at any time. Until such time as the relevant checks are completed to our satisfaction, and any requested information has been provided, we are entitled to suspend or restrict your Account in any manner that we may deem appropriate (in our absolute discretion), including by preventing you from placing any Gambling Transactions until the verification checks are completed satisfactorily.

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  1. To comply with Applicable Laws, and so that the Website remains safe and secure, we may request to verify your ID from time to time or on certain trigger events, for example deposit or withdrawal. If we make an ID verification request, until such time as the verification has been adequately concluded any withdrawal request you make will be held and considered pending. Once approved, the withdrawal will then be actioned for payment. In addition to any requested withdrawal being held, if the relevant documents are not sent to us within 72 hours from the request email being sent or the documents being certified, your Account will be suspended and you will not be able to place any Gambling Transactions, until such time as the required information has been sent and verified. The ID verification required by us is as follows:

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  1. photographic ID (a copy of your passport or driver's licence showing your name and date of birth);

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  1. a copy of the front of the credit or debit card you have registered and used on your Account (you need only show the name, last four digits and expiry date; all other details may be obscured); and

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  1. proof of address (for example, a copy of a bank statement or utility bill that shows the name and address registered on your Account and is dated during the previous three months),

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together with such other information as we may reasonably require.

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  1. We may supply the information that you give us to authorised credit reference agencies and/or fraud prevention agencies to confirm your identity and card details.­ You agree that we may process, use, record and disclose personal information which you provide in connection with your registration and that such personal data may be recorded by us or such third party agencies. For further information please see our Privacy Policy

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Use of your Account

  1. When you open an Account, you will be required to choose a unique username and password. You must keep your username and password secure and confidential and not share it with anyone else. You must not allow any other person to use your Account. You accept that any actions taken using your Account have been taken by you and any Gambling Transactions entered into using your Account will be considered valid. We will not be liable if you disclose your username and password to someone else.

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  1. You must keep your registration and Account details up to date. If any of your Account details change you should notify us immediately, as failure to do so may result in transactions being declined by your financial institution. Depending on what Account details are being changed, this can be done either by accessing the “Your Account” facility or by contacting our Customer Services team. We are not responsible for transactions which are declined as a result of incorrect details where you have not notified us of any changes.

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  1. If you forget your username and/or password, or have reason to believe that someone else is aware of your password, please contact our Customer Services team immediately (by email or chat).

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  1. You can monitor all Gambling Transactions made using your Account by clicking on the “History” button when logged in. You are responsible for all Gambling Transactions made using your Account.

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  1. The debit card or credit card registered on your Account must be in your own name.

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  1. You warrant to us that you are acting as principal and will use your Account for your own use and not as agent for someone else.

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  1. You can only have one Account for each branded website operated by us. We will close any duplicate accounts we identify and we reserve the right to void any Gambling Transactions made using duplicate accounts.

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Deposits and withdrawals

  1. You agree that any financial transactions (e.g. deposits, withdrawals) on your Account will be handled by us directly or through a Payment Provider. Financial transactions will appear on your card statement as “VF (Alderney) Ltd – Bingo”

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  1. Once your Account has been opened, you will be able to credit funds to it by requesting an electronic transfer of funds using any of the means set out on the Website. Otherwise, you may make deposits solely by any of the following payment methods:

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  1. by a credit card that is in good standing and, unless specifically authorised by us in writing, is registered in your name (and which is acceptable to us at our sole discretion);

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  1. by a debit card that is in good standing and, unless specifically authorised by us in writing, is registered in your name (and which is acceptable to us at our sole discretion);

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  1. by a payment method pre-authorised by us (and which is acceptable to us at our sole discretion);

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  1. through a Payment Provider acceptable to us (and which is acceptable to us at our sole discretion); and

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  1. by such other method deemed acceptable to us from time to time (at our sole discretion).

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  1. Each request made by you to deposit funds in your Account shall constitute a valid authorisation for us, or the Payment Provider if applicable, to transfer the amount specified in your request to your Account.

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  1. Unless specifically authorised by us in writing or where you have set a financial limit, the limits on deposits into, and withdrawals from, your Account in a 24 hour period are set out in the table below. We only accept payments in UK Sterling and Euros. All Gambling Transactions will take place, and all Account balances will be displayed, in UK Sterling.

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Minimum Single Deposit

Maximum Single Deposit

Maximum Number of Deposits

Maximum Total Deposits

£10

£1,000

5

£5,000

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Minimum Single Withdrawal

Maximum Single Withdrawal

Maximum Number of Withdrawals

Maximum Total Withdrawals

£10

£10,000

n/a

£10,000

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  1. We are entitled to determine whether the funds that you have requested to be credited to your Account are available upon receiving confirmation satisfactory to us from the relevant Payment Provider in accordance with such Payment Provider's approval procedures. Only when your deposits are reconciled and cleared to our satisfaction by the relevant Payment Provider will your Account be credited with the funds.

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  1. You must notify us if any sum is incorrectly credited to your Account. We are entitled to reverse such credits and/or recover such sums from you if you have withdrawn them.­ Any Gambling Transactions entered into using improperly credited sums may be cancelled by us and any winnings made from these Gambling Transactions will be reversed.

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  1. You acknowledge that you may, from time to time upon our request, be required to provide additional details in respect of the deposits made by you.

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  1. Subject to the withdrawal limits set out above, you may withdraw any unused cleared funds held in your Account by submitting a withdrawal request. On any withdrawal approved by us, and provided that you give us sufficient information as to how the funds should be transferred to you, we will return the relevant funds to you (less any charges incurred or any amount required to be withheld from your withdrawal in order to comply with any Applicable Laws).

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  1. You agree that we have the right to suspend a withdrawal request if we believe, or suspect, that you may be engaging, or have engaged, in fraudulent, collusive, unlawful or improper activity, or if we are concerned about the operation of your Account or the withdrawal request. In such cases, we may commence and/or be involved in and/or assist any investigation into such circumstances, and you agree to assist and cooperate with any such investigation. Furthermore, we may provide your personal information to a third party investigating your activity or Account, as set out in our Privacy Policy

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Fees and Chargebacks

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  1. We will not typically charge you a fee to deposit or withdraw funds. However, if we suspect that you are misusing the deposit and/or withdrawal functionality, we reserve the right to charge you a fee to reflect any costs incurred by us in connection with such misuse.

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  1. When you make a deposit by debit card or credit card, some financial institutions categorise gambling deposits as “cash” and may levy a fixed and/or interest charge from the date of payment. It is your responsibility to settle this charge.

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  1. If you make repeated deposits and withdrawals, but do not engage in a reasonable level of Gambling Transactions, we reserve the right to charge any associated bank charges to you by debiting your Account. We will provide you with advance notice before processing this debit.

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  1. Where relevant in your jurisdiction, it is your responsibility to account to the relevant tax authorities for any winnings. We are not liable to account to any tax authority for any of your personal taxes.

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  1. If, for whatever reason, there is a chargeback request to your Account, you accept and acknowledge that we may suspend your Account indefinitely to enable us to investigate and resolve the matter.­ During such period, any monies due or requested will be withheld.

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Suspension and closure

  1. If you wish to close your Account, please contact Customer Services.

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  1. We reserve the right to close or suspend your Account at any time and for any reason. In the event of such closure or suspension, subject to paragraph 48 below and as soon as reasonably following a request from you, we will refund the balance of your Account.

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  1. Without prejudice to the preceding paragraph, we shall be entitled to close or suspend your Account and void all Gambling Transactions in the following circumstances:

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  1. you become bankrupt; and/or

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  1. we consider that you have used the Website and/or the Services in a fraudulent manner or for illegal, unlawful and/or improper purposes; and/or

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  1. we consider that you have used the Website and/or the Services in an unfair manner or have deliberately cheated or taken unfair advantage of us or any of our other customers; and/or

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  1. we become aware that in placing Gambling Transactions using your Account you have contravened the rules on gambling of any professional body or your employer;

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  1. we are requested to do so by law enforcement or regulatory authorities or by a court order; and/or

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  1. we consider that any of the events referred to in (a) to (e) may have occurred or are likely to occur; and/or

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  1. you don’t supply any information requested by us; and/or

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  1. we have reason to believe that you have breached, or are breaching, these Terms & Conditions.

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  1. Where we close or suspend your Account for your breach of these Terms & Conditions, we may withhold and/or retain any and all amounts which would otherwise have been paid or payable to you and you will compensate us for all claims, losses, liabilities, damages, costs and expenses incurred or suffered by us. Furthermore, we may withhold the funds in your Account following a valid request from any law enforcement or regulatory authority or court order requires us to withhold the funds in your Account.

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Inactive and Dormant Accounts

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  1. If you have not entered into a Gambling Transaction using your Account for a continuous period of 12 months, your Account will be deemed inactive. Once your Account has been deemed inactive we may, upon giving you notice, charge you a maintenance fee. If your Account is inactive for a further 12 months (i.e. you have not entered into a Gambling Transaction using your Account for a continuous period of 2 years), your Account will be considered dormant and closed.­

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Entering into a Gambling Transaction and/or using the Services

  1. We reserve the right to decline all or part of a Gambling Transaction entered into by you at our sole and absolute discretion. All Gambling Transactions are entered into at your own discretion. Gambling Transactions will not be confirmed if there are insufficient funds in your Account.

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  1. We will only accept Gambling Transactions made online (including via mobile phone or mobile applications). Once a Gambling Transaction has been accepted by us, you cannot cancel the Gambling Transaction. It is your responsibility to ensure that all details of the Gambling Transaction are correct.­

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  1. Winnings from settled Gambling Transactions will be added to the balance of your Account. Any funds credited in error are not available for use and we reserve the right to (i) void any Gambling Transaction involving such funds and (ii) withdraw the relevant amount and reverse the Gambling Transaction, whether at the time or retrospectively.

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Errors and omissions

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  1. A number of circumstances may arise where errors are made in respect of Gambling Transactions placed or payments made by us ("Error"). An Error could be the result of a mistake by an individual or a defect or fault with the Software. We will not be liable for any Error (however caused) including (but not limited to) the following:

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  1. any terms of a Gambling Transaction are incorrect as a result of an obvious error or omission in inputting the information or as a result of a computer malfunction; and/or

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  1. we incorrectly calculate or pay out the amount of Winnings that are paid to you; and/or

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  1. an error occurs in a random number generator or pay tables included or used in any game or product; and/or

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  1. the failure of any hardware or communications systems.

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  1. We reserve the right to correct any Error which has been identified and re-settle the relevant Gambling Transaction at the correct price or on terms which were available/should have been available (absent the Error) at the time the Gambling Transaction was placed.

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  1. Where it is not practicable for us to correct and re-settle a Gambling Transaction which has been subject to an Error, we reserve the right to declare the relevant Gambling Transaction void and withhold payment of the relevant Winnings to you. Where we have paid Winnings to you which we can reasonably demonstrate were as a result of an Error, we reserve the right to claim back such Winnings from you and/or deduct them from your Account Balance.­

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  1. You should inform us of any Error as soon as possible and should not seek to exploit an Error to generate Winnings. Where we can reasonably demonstrate that you have exploited an Error to generate Winnings we shall have no liability to you in respect of such Winnings. Where we have paid Winnings to you which we can reasonably demonstrate were as a result of you exploiting an Error, we reserve the right to claim back such Winnings from you and/or deduct them from your Account Balance.­

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  1. Neither we, nor our employees, partners or suppliers, will be liable for, or be required to compensate you for, any loss that results from any Error by us.

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Cheating, fraud, collusion and criminal activity

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  1. We reserve the right to suspend and/or close your Account and/or void Gambling Transactions at any time:

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  1. if we believe there may be fraudulent or improper activity taking place;

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  1. if we believe that you are abusing bonuses or other promotions;

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  1. if we suspect that you are cheating, colluding with others or taking unfair advantage, including by the use of “bots” or other third party software or manipulating the Software;

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  1. if we discover that you have more than one Account;

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  1. if we believe you are undertaking criminal activity, including money laundering;

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  1. if there is a problem with the legality of wagering in the jurisdiction in which you are based; or

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  1. if you are suspected to be underage and/or the verification of your identity has not been completed.

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  1. Misuse or abuse of a game voids all wagers, plays and pay-outs related to your playing of that game.

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  1. You should only deposit money into your Account for the purposes of entering into a Gambling Transaction. In circumstances where we reasonably believe that you are depositing money without any intention to enter into a Gambling Transaction, we shall be entitled to close or suspend your Account, and we may also report this to the relevant authorities.

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  1. We reserve the right to refuse to open an Account for any reason and to close an Account at any time without giving notice to you. We may also close duplicate accounts where these exist.

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  1. The Software on this Website is to be used as presented. No manipulation or use of other software, artificial intelligence or player assistance programs may be used with this Website. The Website should not be hacked into, altered or be compromised by users in any way. Any such behaviour will lead to the closure of an Account and may also lead to criminal investigations. Any breach of the terms and conditions will be considered a material breach and we shall have the right to close your Account.

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USE OF THE WEBSITE

General

  1. No warranty or representation, express or implied, is made as to the accuracy, timeliness, completeness or suitability of the information and materials contained on our Website nor as to the results obtained through its use. The information is not intended to amount to advice or recommendations and is provided for information purposes only. No reliance shall be placed on the information when entering into a Gambling Transaction.

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  1. You are solely responsible for the supply and maintenance of all computer equipment, telecommunications networks and internet connection services that you require in order to access and use the Website. We shall not be liable in any way whatsoever for any loss or damage caused to you by your computer equipment, telecommunications network or internet connection service.

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  1. You may only use the Website and/or the Services for the purpose of entering into Gambling Transactions with us and for your own private use. Any commercial exploitation of information from our Website is strictly prohibited.

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  1. You must not use the Website and/or the Services for any purpose which is illegal, fraudulent, abusive, obscene, discriminatory, dishonest or inappropriate. We will withhold payment of Winnings to you where any such activity is suspected. You will fully compensate us for any and all losses, costs, damages and claims arising from any such activity.

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Availability of the Website

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  1. We reserve the right to restrict access to some or all users (including in respect of certain jurisdictions) to all or parts of the Website.

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  1. From time to time the Website may be unavailable for use by you due to maintenance of the Website and/or alteration of our products/Services. We may alter or amend the products/Services and/or undertake maintenance at any time or for any reason.

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INTELLECTUAL PROPERTY AND SOFTWARE

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  1. We are the owner or the licensee of all intellectual property rights in the Website, and in the material published on it.­ Those works are protected by copyright laws and treaties around the world.­ All such rights are reserved.

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  1. You must not use any part of the materials on the Website for any commercial purposes without obtaining a licence to do so from us or our licensors.­

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  1. You may print off one copy, and may download extracts, of any page(s) from the Website for your personal reference.

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  1. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

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  1. Our status (and that of any identified contributors) as the authors of material on the Website must always be acknowledged.

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  1. If you print off, copy or download any part of the Website in breach of these Terms & Conditions, we reserve the right to terminate your right to use the Website immediately. We reserve the right to close your Account with immediate effect, and if we do so you must, at our option, return or destroy any copies of the materials you have made.

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Software

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  1. We do not accept any liability in respect of the Software. You agree that you are only permitted to use the Software for the purpose of using the Services and, save to the extent permitted by Applicable Law, for no other purpose. You will be required to accept the Download Terms in relation to any Software which you download (e.g. bingo client).

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  1. We hereby grant you a personal, non-exclusive, non-transferable, personal right to use the Software for the sole purpose of using the Services and the Website, in accordance with the following provisions. You are not permitted to:

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  1. install or load the Software onto a server or other network device or take other steps to make the Software available to any other person via any form of "bulletin board", online service or remote dial-in, applications service provider, internet services provider, timesharing arrangements, outsourcing services or bureau services;

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  1. sub-license, assign, rent, lease, loan, transfer or copy the Software or your licence to use the Software, or make or distribute copies of the Software;

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  1. interrupt or tamper with, or attempt to interrupt or tamper with, the operation of the Software or any information in any form which is included on the Website;

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  1. use the Software for commercial purposes;

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  1. translate, reverse engineer, decompile, disassemble, adapt, modify, create derivative works based on, or otherwise modify the Software;

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  1. copy or translate any user documentation provided 'online' or in electronic format;

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  1. enter, access or attempt to enter or access or otherwise bypass the applicable security system or interfere in any way (including but not limited to robots and similar devices) with the Website, or attempt to make any changes to the Software and/or any features or components thereof;

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  1. flood the Website and/or the Software with information, multiple submissions or "spam";

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  1. knowingly or negligently use any features which may affect the function of the Website and/or the Software in any way, for example by releasing viruses, worms, trojans, logic bombs or similar material that is malicious or harmful; or

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  1. attack the Website via a distributed denial-of-service attack.

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  1. You do not own the Software. The Software is owned and is the exclusive property of members of our Group or its licensor (the "Software Provider"). The Software and accompanying documentation which have been licensed to us are proprietary products of the Software Provider and are protected throughout the world by copyright law and other intellectual property law. Your use of the Software does not give you ownership of any intellectual property rights in the Software or any other rights in or with respect to the Software, except for the right to use the Software as expressly provided in these Terms & Conditions.

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  1. The Software is provided "as is" without any promises, warranties, conditions, undertakings or representations, express or implied, statutory or otherwise. We and the Software Provider, and all of our and its affiliates and related parties, hereby exclude all implied terms, conditions and warranties (including any warranty of merchantability, satisfactory quality and fitness for any particular purpose) and do not warrant that the Software will meet your requirements, that the Software will not infringe any third party's intellectual property rights, that the operation of the Software will be error free or uninterrupted, that any defects in the Software will be corrected, and that the Software is virus-free.

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  1. Neither we nor the Software Provider, or any of our or its affiliates and related parties, will be liable to you for any costs, expenses, losses or claims arising or resulting from communications or system errors occurring in connection with the settlement of Accounts or other features or components of the Software, or for any damage caused to your devices (PCs, mobile devices) from use of the Software. In the event of such errors, we will further have the right, but not the obligation, to remove any relevant games from the Software and the Website and take any other action to correct such errors.

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  1. The Software may include confidential information which is secret and valuable to the Software Provider and/or to us. You are not entitled to use or disclose that confidential information other than strictly in accordance with these Terms & Conditions.

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Use of “cookies” on the Website

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  1. The Website uses “cookies” to track your use of the internet and to provide additional functionality. A “cookie” is a small file of text which is downloaded onto your computer when you access the Website and it allows us to recognise when you come back to the Website. We use cookies for the operation of the Website, including (for example) to allow you to remain logged in as you move between different parts of the Website. We also use cookies for our own analytical purposes, including in order for us to identify where customers have encountered technical problems on the Website, and therefore help us improve our customers' experience.

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  1. If you object to cookies or want to delete any cookies that are already stored on your computer, you should follow the instructions for deleting existing cookies and disabling future cookies on your web browser or equivalent software. Further information is available at www.aboutcookies.org. Please note that by deleting or disabling cookies you may not be able to access certain areas or features of the Website

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OUR LIABILITY

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  1. The material and information displayed on the Website is provided without any guarantees, conditions or warranties as to its accuracy.­ To the extent permitted by Applicable Law, we hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and:

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  1. any loss incurred in transmitting information to the Website;

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  1. any loss whatsoever arising from the use, abuse or misuse of your Account;

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  1. any technical failures, system breakdowns, defects, delays, interruptions, manipulated or improper data transmission, loss or corruption of data;

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  1. communications' lines failure, distributed denial of service attacks, viruses or any other adverse technological consequence of your choosing to use our products and services;

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  1. the accuracy of any information services provided (including, without limitation, scorers, runners, times, results or general statistics) or any live scores, statistics and intermediate results shown on our Websites which are provided by third parties;

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  1. any failure by us to implement a self-exclusion agreement with you from time to time;

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  1. any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Website or in connection with the use, inability to use, or results of the use of the Website, any websites linked to it and any materials posted on it, including, without limitation any liability for:

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  1. loss of income or revenue;

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  1. loss of business;

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  1. loss of profits or contracts;

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  1. loss of anticipated savings;

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  1. loss of data;

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  1. loss of goodwill;

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  1. wasted management or office time; and

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  1. any other loss or damage of any kind, however arising and whether caused by negligence, breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

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  1. Nothing in these Terms & Conditions affects our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law. Your statutory rights remain unaffected and we shall use reasonable skill and care when providing you services pursuant to these Terms & Conditions.

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  1. Subject to paragraph 84 above and other than in relation to the payment of Winnings lawfully won, we shall have no liability to you pursuant to these Terms & Conditions in excess of:

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  1. in the case of any liability which relates to a specific Gambling Transaction, the amount of the stake wagered; or

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  1. in the case of any other matters, an aggregate of five thousand pounds (£5,000).

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YOUR LIABILITY

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  1. You agree to compensate us (and our subsidiaries, employees, agents and/or partners) from any claims, liabilities, costs and expenses that may arise as a result of your breach of these Terms & Conditions or a breach of any laws of any jurisdiction applicable to you. If there is such a breach, your Account will be frozen and any credit balance withheld by us pending investigation and/or the outcome of any legal or regulatory proceedings.

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OTHER

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Changes to the Terms & Conditions

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  1. These Terms & Conditions are subject to change and we reserve the right to change them at any time.

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  1. Following your initial acceptance of these Terms & Conditions, we will notify you of any subsequent, significant changes to the Terms & Conditions before they come into effect. However, you should check the Terms & Conditions regularly for any changes as your continued use of the Website and the Services will be regarded as acceptance of the latest version of the Terms & Conditions (including the Privacy Policy).

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  1. Where we intend to make significant changes to the Terms & Conditions we will notify you before they come into effect using one of the following methods:

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  1. email (to the email address registered on your Account); and/or

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  1. a notice/pop up on the Website; and/or

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  1. any other appropriate method.

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  1. If you do not wish accept any changes that have been made to these Terms & Conditions then you should stop using the Website and the Services. Any bets or wagers received but not settled prior to the introduction of the new Terms & Conditions will be subject to the version of the Terms & Conditions applicable at the time the bet or wager was received.

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Complaints

  1. ­

    Should you have any complaint with regards to this site, please first contact Customer Services in order for this to be internally reviewed.

    - Should after our internal process has been fully exhausted and you remain unsatisfied as to the outcome, you have a right to escalate this complaint to either the Alderney Gambling Control Commission- our independent Alternative Dispute Resolution Body

    "­­­­­­­­­­­­ PLAYER DISPUTE RESOLUTION.

    1.­­­­­ ­­­­­­We have appointed Alderney Gambling Control Commission (AGCC) for Alternative Dispute Resolution (r\DR). You have free right of access to the ADR function. AGCC may be contacted in this respect at info@agcc.gg

    2.­­­­­­­­­­­ You accept that AGCC will not arbitrate on matters already, or that during the arbitration become, subject to court action, or on matters which in AGCC's opinion are more properly referred to the regulator as breaches of regulation.

    3.­­­­­­­­­­­ AGCC will only arbitrate on a dispute in which You:

    •­­­­­­­­­­­­ Have previously raised with Us, and documented in writing the substance of dispute.

    •­­­­­­­­­­­­ promptly make available to AGCC, on request, all records on the subject of dispute and the relevant activity and all relevant correspondence.

    •­­­­­­­­­­­­ consent to the sharing by Us of Your personal data with AGCC for this purpose.

    •­­­­­­­­­­­­ agree to be bound by the ruling of AGCC, save that appeal against a ruling may be made to the Executive Director of AGCC but only on the grounds that the dispute has been so seriously mishandled by AGCC's ADR team as to result in manifest unfairness.

    4.­­­­­­­­­­­ You accept and agree that AGCC will incur no liability of any sort arising out of or in connection with its role as ADR

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Events beyond our control

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  1. We shall not be in breach of these Terms & Conditions nor be liable for delay in performing, or failure to perform, any of our obligations under these Terms & Conditions if such delay or failure results from events, circumstances or causes beyond our reasonable control.

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Waiver

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  1. Our failure or delay in enforcing or partially enforcing any term of these Terms & Conditions shall not be interpreted as a waiver of any of our rights or remedies. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.

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Severance

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  1. If any provision of these Terms & Conditions is held by any competent authority to be invalid, void, voidable, unenforceable or unreasonable in whole or in part, the validity of the other provisions of these Terms & Conditions and the remainder of the provision in question shall continue in full force and effect.

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Entire Agreement

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  1. These Terms & Conditions, including any document expressly referred to in them, represent the entire agreement between you and us and replace any prior agreement, understanding or arrangement between you and us. We each acknowledge that neither of us has relied on any representation, undertaking or promise made by the other except as expressly stated in these Terms & Conditions.

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Transfer of agreement

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  1. We may at any time assign or transfer any or all of our rights and obligations under these Terms & Conditions. In particular, we may assign or transfer our rights and obligations to any purchaser of all or part of our business. We may also subcontract or delegate in any manner any or all of our obligations under these Terms & Conditions to any third party or agent.

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  1. These Terms & Conditions are personal to you and you may not assign, sub-license or otherwise transfer in any manner whatsoever any of your rights or obligations under these Terms & Conditions.

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Notices

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  1. You agree to receive communications from us in an electronic form. Electronic communications may be posted on the pages within the Website and/or the messages/help files of your client application, and/or delivered to your email address, as decided by us from time to time. All communications in electronic format will be considered to be "in writing" and to have been received no later than five business days after posting or dissemination, whether or not you have actually received or retrieved the communication. We reserve the right, but assume no obligation, to provide communications in paper format. Any notices required to be given in writing to us or any questions concerning this Agreement should be addressed to Virtue Fusion (Alderney) Limited. Note that any communications under this paragraph shall be governed by our Privacy Policy.

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Governing law and jurisdiction

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  1. These terms and conditions are governed by English law and we both agree to submit to the exclusive jurisdiction of the English Courts.

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Links

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  1. Where we provide links to other websites, we do so for information purposes only and you use any such links at your own risk. We accept no responsibility for the content or use of any other websites or for the information contained on them.

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Privacy Policy

This Privacy Policy is effective from 1 November 2014. We may change this Privacy Policy at any time and will post the changed policy to this page.

  1. Introduction

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  1. This Privacy Policy sets out the way in which Virtue Fusion (Alderney) Limited (“we”, “us” or VFA), a company incorporated and registered in Alderney (company number 1628), collects and processes Personal Information (as defined in paragraph 2 below). VFA is registered with the Guernsey Data Protection Commissioner for the purposes of data protection (number 011655).

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  1. We operate the Website under a brand licence from Bauer Consumer Media Limited. We will share your Personal Information with Bauer Consumer Media Limited in accordance with our agreement with Bauer Consumer Media Limited.

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  1. By using the Services, you acknowledge that you have read, and agree to, the terms of this Privacy Policy and that you consent to the use by VFA and Bauer Consumer Media Limited (and any companies in their respective Groups, as well as their partners and subcontractors) of your Personal Information for the purposes set out in paragraph 3 of this Privacy Policy. If you do not wish to provide your Personal Information on the basis set out in this Privacy Policy, you should not enter the relevant information on the Website, or provide your Personal Information to us otherwise. However, if you do not provide your Personal Information, you may not be able to use all of the Services.

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  1. Capitalised terms not defined in this Privacy Policy shall be as defined in the Terms & Conditions. This Privacy Policy is incorporated into, and forms part of, the Terms & Conditions.

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  1. The information we collect

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  1. As part of operating the Website, we collect your Personal Information. “Personal Information” means any information from which you can be personally identified, including your name, email address, home address, telephone number, debit/credit card data, date of birth.

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  1. We collect your Personal Information when you register for an Account, through the use of online forms and when you email us your details. We also collect information about the transactions you undertake, including details of payment cards used. In addition, we collect Personal Information through surveys which we, or companies engaged by us for such purpose, undertake.

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  1. How we use your Personal Information

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  1. Your Personal Information is processed by us (including any of our agents, Group members, sub-contractors and/or employees) to provide you with the Services. In particular, we collect your Personal Information in order to enable us to:

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  1. set-up, administer and manage your Account and records (including processing deposits and withdrawals);

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  1. provide and personalise the Services (including to allow you to wager and play our games and to provide chat moderation);

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  1. receive and respond to your communications and requests;

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  1. notify you about updates to the Software and/or the Services;

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  1. ensure that we are able to fulfil our regulatory obligations regarding your Account, including by verifying the accuracy of any information you give us;

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  1. comply with our obligations under Applicable Laws (including the Gambling Act 2005) and to regulators in jurisdictions where we and members of our Group are licensed (including the Gambling Commission of Great Britain);

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  1. investigate, and assist with the investigation of, suspected unlawful, fraudulent or other improper activity connected with the Services (including, where appropriate, dealing with requests from authorised entities (e.g. sporting bodies) for the sharing of information);

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  1. carry out market research campaigns;

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  1. preparing statistics relating to the use of the Services by you and other customers;

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  1. provide you with information about, and support for, the Services, including changes to the Services, technical updates and changes to the Terms & Conditions (including this Privacy Policy);

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  1. provided that you don’t “opt-out” from this option, keep you informed of offers and promotions relation to our products and services and those of other entities within our Group;

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  1. provided that you don’t “opt-out” from this option, enable Bauer Consumer Media Limited to market its services and products and those of other entities within its Group; and

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  1. support any other purpose necessary for performance of our contractual obligations or specifically stated at the time at which you provided your Personal Information.

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These are the “Purposes” for which we may collect your Personal Information.

  1. Telephone calls to and from our customer services representatives may be recorded for training and security purposes.

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  1. Disclosure of your Personal Information

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  1. We may, for the Purposes, disclose your Personal Information to any of the following recipients:

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  1. any company within our Group (including to its employees and sub-contractors) which assists us in providing the Services or which otherwise has a need to know such information;

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  1. any third party which assists us in providing the Services, including (but not limited to) payment processors and chat moderators;

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  1. any third party which can assist us in verifying the accuracy of your Personal Information, including financial institutions and credit reference agencies (a record of the search may be retained by such third party);

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  1. any third party which assists us in monitoring use of the Services, including the detection and prevention of fraud and collusion;

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  1. Bauer Consumer Media Limited;

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  1. any contractors or other advisers auditing any of our business processes or who have the need to access such information for the purpose of advising us;

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  1. any law enforcement body which may have any reasonable requirement to access your Personal Information;­

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  1. any regulatory body or authorised entity (e.g. a sporting body) which may have any reasonable requirement to access your Personal Information; and

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  1. any potential purchaser of VFA’s business or any investors in it or in any company within our Group (including in the event of insolvency).

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  1. If at any time you wish us to stop processing your Personal Information for the above purposes, then you must contact us and we will take the appropriate steps to stop doing so. Please note that this may mean that your Account will be closed.

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  1. Marketing Preferences

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  1. VFA and Bauer Consumer Media Limited (and, as relevant, any other company in their respective Groups) will not send you unsolicited information regarding any third party’s products or services.

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  1. As part of the Account registration process, you will have the opportunity to choose whether or not to receive information on our offers and promotions and those of Bauer Consumer Media Limited (and any company in their respective Groups).

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  1. We will send you promotional emails and updates until such time as you inform us that you do not wish to continue to receive them. You may update your marketing preferences at any time by:

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  1. clicking on the “unsubscribe” link in an email and following the instructions; or

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  1. contacting our Customer Services team.

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  1. Transfer of your Personal Information outside of the EEA

Your Personal Information will be transferred outside of the European Economic Area, both to us and other members of our Group. This includes, but is not limited to, Israel, Guernsey and the Philippines.

  1. Updating your Personal Information

You may update or delete your Personal Information at any time via the Website or by contacting Customer Services.

  1. Contacting us

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  1. You can contact our Customer Services team at Bauer Consumer Media Limited.

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  1. You may obtain a copy of your Personal Information held by us by contacting our Customer Services team or by writing to us at Inchalla, Le Val, Alderney GY9 3UL. We require up to twenty-eight (28) days' notice to enable us to comply with such a request.

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  1. In accordance with Applicable Law, we reserve the right to charge a fee for providing such information.

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  1. If at any time you believe that we have not adhered to this Privacy Policy, please contact our Customer Services team and we will seek to promptly determine and correct the problem.

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  1. Advertising and use of Cookies

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  1. We may collect anonymous information about your use of the Website using “cookies”, pixel tags and similar functionality. A “cookie” is a small file of text which is downloaded onto your computer when you access the Website and it allows us to recognise when you come back to the Website. We use cookies for the operation of the Website, including (for example) to allow you to remain logged in as move between different parts of the Website. We also use cookies for our own analytical purposes so that we can identify where customers have encountered technical problems on the Website, and therefore help us improve our customers' experience.

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  1. If you object to cookies or want to delete any cookies that are already stored on your computer, you should follow the instructions for deleting existing cookies and disabling future cookies on your web browser or equivalent software. Further information is available at www.aboutcookies.org. Please note that by deleting or disabling cookies you may not be able to access certain areas or features of the Website.

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  1. We (and any company in our Group) may use your username and/or first name for advertising or promotional purposes.

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  1. As part of the Website's operation, and for our own statistical analysis of site traffic, our Website automatically logs internet IP addresses. We do NOT log any e-mail address of visitors to the Website. Our advertising system logs IP addresses to supply more accurate advertising features, such as language-specific banners.

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  1. While the Website may contain links to websites operated by parties other than us, we are not responsible for the privacy practices or content of such websites.

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  1. Security

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  1. We use a number of methods to ensure that all customer information remains confidential. Transferred information is sent using advanced encryption methods and, once stored in our servers, is protected by the most up-to-date firewall technology available to protect data from being misused and/or lost.

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  1. Your winnings and cash-outs are kept strictly confidential, and winnings information is stored in secure operating environments. We do not provide winnings information to any third party unless such information is required to be disclosed by law, regulation or a similar governmental authority.

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  1. The Website is protected by industry-standard SSL (Secured Socket Layer) encryption. This technology encrypts all personal data transferred between you and us.

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