Last modified: 24th May 2019
TERMS AND CONDITIONS
This website, www.takeabreakbingo.com, and any mobile applications through which our Services are offered (together, the "Website") are operated by Virtue Fusion (Alderney) Limited ("we" or "us"), a company incorporated and registered in Alderney (company number 1628) whose registered office is at Inchalla, Le Val, Alderney GY9 3UL. We hold a remote operating licence from the Gambling Commission of Great Britain (licence number 38838).
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 us.
THESE TERMS AND CONDITIONS
These terms and conditions (the "Terms & Conditions") govern your access to and use of the Website and our Services. By accessing and using the Website and any of our Services (including by opening an Account with us), you agree to be bound by these Terms & Conditions. 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 law.
Please read these Terms & Conditions carefully, as they form a legally binding contract between you and us.
If you do not agree to be bound by these Terms & Conditions, please do not use the Website or our Services.
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.
You can contact our Customer Services team. Please click here to see our contact details.
RULES AND ADDITIONAL TERMS
These Terms & Conditions include and incorporate the following additional terms:
· the Rules of any game you play (as set out in the game itself or in the "Help" section);
The following words and terms, when used in these Terms & Conditions, shall have the following meanings:
"Account": an account opened by you with us to enable you to deposit and wager on the Website or otherwise use the Services;
"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, and your making deposits and receipt of any withdrawal;
"Gambling Transaction": a bet, wager, stake or similar transaction placed on the Website or by otherwise using our Services;
"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);
"Payment Provider": a third party payment processing company;
"Prohibited Jurisdictions": any jurisdiction other than the United Kingdom and the Republic of Ireland.
"Promotional Terms": separate terms and conditions which may apply in respect of promotions, bonuses and special offers (including any wagering requirements) related to the Services from time to time;
"Services": the services offered by us from time to time through the Website;
"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 related program or data file and any related documentation, and including any enhancements, modifications, additions, translations or updates to such software;
"Winnings": any winnings payable to you following a successful Gambling Transaction; and
"Withdrawable Funds": the total funds in your Account (including all unspent deposits and winnings from wagers made with your deposits) excluding any funds that are subject to a restriction (including wagering requirements or other promotional play restrictions).
Setting Financial Limits
PROTECTION OF CUSTOMER FUNDS
Opening an Account
Verification Checks and Source of Funds requests
When an Account is opened, if the automatic checks do not provide all of the information that we need then we will request identify verification documents from you. Your Account will be frozen and no further gambling permitted until such time as the required information has been received and verified by us.
Use of your Account
Deposits and withdrawals
Minimum Single Deposit
Maximum Single Deposit
Minimum Single Withdrawal*
Maximum Single Withdrawal**
*If you wish to withdraw an amount which is less than the Minimum Single Withdrawal or more than the Maximum Single Withdrawal set out in the table above, please contact our Customer Support team. A fee may apply.
** The number of withdrawals you can make is not limited. - if you wish to withdraw more than the Maximum Single Withdrawal amount, you will be required to undertake multiple withdrawal transactions.
Fees and Chargebacks
Closing your Account
Errors or Omissions
Cheating, Collusion, Fraud and Criminal Activity
5. It should be noted that where our concerns relate to the validity of your identity, we may deploy anti-fraud systems and processes as well as asking for additional identity documentation. We will only prevent deposits into and/or withdrawals from your Account where the failure to do so may undermine one of our legal or regulatory obligations.
6. 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 may investigate your Account in accordance with the preceding paragraph.
USE OF THE WEBSITE
Availability of the Website
INTELLECTUAL PROPERTY AND SOFTWARE
6. We do not accept any liability in respect of the Software, save that if any Software that we have supplied to you damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. 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.
7. We hereby grant you a personal, non-exclusive, non-transferable 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:
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;
2. 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;
3. 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;
4. use the Software for commercial purposes;
5. translate, reverse engineer, decompile, disassemble, adapt, modify, create derivative works based on, or otherwise modify the Software;
6. copy or translate any user documentation provided 'online' or in electronic format;
7. 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;
8. flood the Website and/or the Software with information, multiple submissions or "spam";
9. 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
10. attack the Website via a distributed denial-of-service attack.
8. 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 .
9. You acknowledge that a random number generator will determine the outcome of the games played on the Website, and you accept the outcomes of all such games. You further agree that, in the unlikely event of a disagreement between the result that appears on the Software and the result that appears on the game server, the result that appears on the game server will prevail. You acknowledge and agree that our records will be the final authority in determining the circumstances of your participation in gaming activity on the Website and the results of this participation.
10. 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, or that the Software is virus-free.
11. 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, save that if the Software damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. 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.
12. 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.
Changes to the Terms & Conditions
Complaints and Dispute Resolution
PO Box 62639
Alternatively, you may also file your complaint through the Online Dispute Resolution (ODR) Platform which can be accessed through this link: https://ec.europa.eu/consumers/odr/main/.
Events beyond our control
Transfer of agreement
Governing law and jurisdiction
APPENDIX: END-USER LICENSE AGREEMENT
THIS WEBSITE IS OPERATING THE GAMING SOFTWARE PLATFORM OF PLAYTECH SOFTWARE LIMITED AND IT'S GROUP COMPANIES (THE "VENDOR") UNDER A LICENSE FROM VENDOR. A CONDITION TO USING THE SOFTWARE (AS DEFINED BELOW) IS THAT YOU ENTER INTO THE FOLLOWING LEGALLY BINDING SUB-LICENSE AGREEMENT WITH US, WHICH GOVERNS YOUR USE OF THE SOFTWARE. PLEASE READ THIS AGREEMENT CAREFULLY TO MAKE SURE YOU FULLY UNDERSTAND ITS CONTENT. IF YOU HAVE ANY DOUBTS ABOUT YOUR RIGHTS AND OBLIGATIONS RESULTING FROM THE ACCEPTANCE OF THIS AGREEMENT, PLEASE CONSULT AN ATTORNEY OR OTHER LEGAL ADVISOR IN YOUR JURISDICTION.
IMPORTANT: PERSONS LOCATED IN CERTAIN TERRITORIES, CURRENTLY INCLUDING THE UNITED STATES OF AMERICA AND ITS TERRITORIES, ISRAEL AND THE COUNTRIES SPECIFIED AS PROHIBITED, EXCLUDED OR SIMILAR AS PART OF THE TERMS AND CONDITIONS AND/OR LIST ON THE WEBSITE, IN EACH CASE AS SUPPLEMENTED FROM TIME TO TIME (THE "PROHIBITED JURISDICTIONS") ARE NOT PERMITTED TO USE THE SOFTWARE IN ANY WAY OR MANNER IN CONNECTION WITH ANY REAL MONEY PLAY. TO REMOVE ANY DOUBT, THIS RESTRICTION ALSO APPLIES TO RESIDENTS AND CITIZENS OF OTHER NATIONS WHILE LOCATED IN A PROHIBITED JURISDICTION. THE FACT THAT THE WEBSITE IS ACCESSIBLE IN A PROHIBITED JURISDICTION, OR THAT THE SOFTWARE ALLOWS THE USE OF THE OFFICIAL LANGUAGE OF A PROHIBITED JURISDICTION, SHALL NOT BE CONSTRUED AS A LICENSE TO USE THE SOFTWARE 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 CITIZENSHIP, LOCATION OR PLACE OF RESIDENCE, OR BY MAKING BETS OR WAGERS USING THE SOFTWARE THROUGH A THIRD PARTY OR ON BEHALF OF A THIRD PARTY LOCATED IN A PROHIBITED JURISDICTION IS A BREACH OF THIS AGREEMENT AND MAY CONSTITUTE A CRIMINAL OFFENSE. 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 CLOSING YOUR PLAYER ACCOUNT, WITHOUT AN OBLIGATION TO PROVIDE YOU WITH ADVANCE NOTICE, FREEZING THE FUNDS THEREIN AND PROVIDING THE APPLICABLE DETAILS TO VENDOR AND/OR RELEVANT AUTHORITIES, ALL IN ACCORDANCE WITH APPLICABLE LAWS AND AGREEMENTS, AND YOU SHALL BE LIABLE TO US FOR ANY DAMAGE OR LOSS RESULTING THEREFROM.
BY ACCEPTING THE TERMS AND CONDITIONS (INCLUDING BY TICKING THE "I AGREE" BOX) ("ACCEPTANCE"), YOU 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 AN ORIGINAL (NON-ELECTRONIC) SIGNATURE, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. YOU ALSO CONFIRM THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF THIS AGREEMENT, DO NOT ACCEPT THE TERMS AND CONDITIONS AND DO NOT CONTINUE TO USE THE SOFTWARE.
The following words and terms, when used in this agreement, shall have the following meanings, unless the context clearly indicates otherwise:
1.1. "Assistance Programs" means any artificial intelligence including, without limitation, ‘robots' and/or any other computer generated program used to interact with the Software in aid or in place of a player.
1.2. "IP Rights" means any and all intellectual property rights, of all types or nature whatsoever, including, without limitation, patent, copyright, design rights, trade marks, data base rights, applications for any of the above, moral rights, know-how, trade secrets, domain names, URL, trade names or any other intellectual or industrial property rights (and any licenses in connection with any of the same), whether or not registered or capable of registration, and whether subsisting in any specific country or countries or any other part of the world.
1.3. "Online Games" means Our internet gaming system on the Website and related services and gaming activities offered on the Website.
1.4. "Player Account" means a personal account opened by an individual and maintained with Us to enable that person to play the Online Games;
1.6. "Software" means the software required to be downloaded, accessed or otherwise utilized by You from the Website for the purpose of participating in the Online Games, including the related documentation and including any enhancements, modifications, additions, translations or updates to such software.
1.7. "Us", "We", "Our" and similar terms mean VFA Limited.
1.8. "Website" means www.takeabreakbingo.com and any related sites on which the Online Games are accessible via links or any other access way.
1.9. "You", Your" and similar terms mean the user of the Software.
2. SUBJECT MATTER OF AGREEMENT
2.1 The rules for:
2.1.3 any of the Online Games you play (as set out in the game itself or in the "Help" section) as well as other sections of the Software and the Website, including but not limited to, rules describing how to play the Online Games, tournaments, and any other rules governing particular game, event and tournament. All such rules are incorporated and included under the term and conditions set out herein.
3. LICENSE TO USE THE SOFTWARE; RESTRICTIONS
3.1. We hereby grant to You a limited, personal, non-transferable, non-exclusive, worldwide (except as noted below) license to access and otherwise utilize the Software on Your device, in order to play the Online Games, in accordance with this agreement.
3.2. This license applies only to the object code of the Software (i.e., the compiled, assembled, or machine executable version of the Software) and does not grant you any rights whatsoever with respect to the source code of the Software.
3.3. Notwithstanding anything to the contrary herein, persons located in the Prohibited Jurisdictions are not permitted to use the Software in any way or manner in connection with any real-money play. To remove any doubt, this restriction also applies to residents and citizens of other nations while located in a Prohibited Jurisdiction. This license does not apply to, and does not allow You the use of the Software in or from any Prohibited Jurisdictions, and the fact that the Website is accessible in a Prohibited Jurisdiction, or that the Software allows the use of the official language of a Prohibited Jurisdiction, shall not be construed as a license to use the Software 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 Software through a third party or on behalf of a third party located in a Prohibited Jurisdiction, is a breach of this agreement and may constitute a criminal offense 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 closing Your Player Account, without an obligation to provide You with advance notice, freezing the funds therein and providing the applicable details to Vendor and/or relevant authorities, all in accordance with applicable laws and agreements, and You shall be liable to Us for any damage or loss resulting therefrom. IT IS YOUR DUTY TO CONSULT AND CHECK REGULARLY OUR WEBSITE REGARDING THE LIST OF THE PROHIBITED JURISDICTIONS.
3.4. We reserve any and all rights not expressly granted in Section 3.1 above. In addition, You are not permitted to, and You agree not to permit or assist others to:
3.4.1. use, copy, modify, create derivative works from or distribute the Software, any part of it, or any copy, adaptation, transcription, or merged portion of it;
3.4.2. decode, reverse engineer, disassemble, decompile or otherwise translate or convert the Software or any part of it;
3.4.3. transfer, loan, lease, assign, rent, or otherwise sublicense the Software;
3.4.4. remove any copyright, proprietary or similar notices from the Software (or any copies of it);
3.4.5. operate the Software or any part of it for the benefit of or on behalf of any third party, including by way of ‘bulletin board', online service or remote dial-in, application service provider services, internet service provider services, timesharing arrangements, outsourcing services or bureau services;
3.4.6. copy or translate any user documentation provided online or in electronic format;
3.4.7. enter, access or attempt to enter or access or otherwise bypass Our security system or interfere in any way (including but not limited to, robots and similar devices) with the Poker Room or the Website or attempt to make any changes to the Software and/or any features or components thereof; or
3.4.8. use any Assistance Programs in connection with the Software and/or the Online Games. You are prohibited from any interaction within the Online Games that is not the direct result of You personally utilizing the Software for the purpose for which it was intended.
3.5. You acknowledge and agree that We may take steps to detect and prevent the use of Assistance Programs. These steps may include, but are not limited to, examination of software programs running concurrently with the Software on Your device. You agree that you will not attempt to bypass, interfere with, or block such steps, including, without limitation, the use of third party software that bypasses, interferes with, or blocks such steps. Any attempt to restrict Us in this matter will entitle Us to immediately suspend the availability of the Software to You and You shall immediately forfeit any winnings.
3.6. You acknowledge and agree that all IP Rights, title and interest in and to the Software, including in and to any modification, enhancement, adaptation, translation or other change of or addition to the Software, belong exclusively to the Vendor, even if developed based on ideas, suggestions or proposals by You or any other third party. By accepting this agreement, You irrevocably assign to the Vendor all right, title, and interest You may have or may acquire in and to all such rights, including, without limitation, patent, copyright, trademark, trade secret or know how, and You agree to sign and deliver to the Vendor such documents as Vendor considers desirable to evidence or effect the assignment of all of the aforesaid rights to the Vendor. You agree not to, directly or indirectly, attempt to invalidate for any reason whatsoever, or assert, or assist the assertion by others, that the rights, title or interest in the Software belong to any third party other than the Vendor, or that they infringe the IP Rights of others.
4. YOUR DUTY TO EXAMINE LEGALITY OF USE
You confirm that You are older than 18 years, and in any event of legal age as determined by the laws of the country where you are located. You also confirm that You are aware of the legal issues relating to the operation of online gambling sites, and that You understand that We and the Vendor are not warranting in any way or manner that the use of the Software for the purposes of gambling, as such term is commonly understood in the industry, is legal in any jurisdiction.
Given the changes in the legal status of online gambling in various jurisdictions, You undertake to examine the legality of Your participation in the Online Games and use of the Software in each jurisdiction that is applicable to You and to do the same only in compliance with all applicable laws and orders of any competent authority.
5. DISCLAIMER OF WARRANTIES
THE SOFTWARE IS MADE AVAILABLE TO YOU HEREUNDER ON AN ‘AS IS' BASIS, WITHOUT ANY UNDERTAKINGS, WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE.
WE AND THE VENDOR, AND ALL OF THEIR AFFILIATES AND RELATED PARTIES, HEREBY EXCLUDE AND DISCLAIM ANY AND ALL IMPLIED TERMS, CONDITIONS AND WARRANTIES (INCLUDING ANY WARRNATY OF MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR ANY PARTICULAR PURPOSE), AND, WITHOUT LIMITING THE GENERALITY OF THE AFORESAID, WE AND THE VENDOR DO NOT WARRANT, AMONG OTHER THINGS, THAT (A) THE SOFTWARE WILL BE NON-INFRINGING, (B) THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE IS VIRUS-FREE; (C) THE SOFTWARE IS OF SATISFACTORY QUALITY OR FIT FOR ANY PARTICULAR PURPOSE; OR (D) USE BY YOU OF THE SOFTWARE WITH ANY OTHER SOFTWARE, OR WITH INAPPROPRIATE HARDWARE, WILL NOT CAUSE ANY DISTURBANCE TO THE SOFTWARE OR TO SUCH OTHER SOFTWARE.
IN THE EVENT OF COMMUNICATIONS OR SYSTEM ERRORS OCCURING IN CONNECTION WITH THE SOFTWARE, NEITHER WE NOR THE VENDOR NOR THEIR AFFILIATES AND RELATED PARTIES WILL BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY COSTS, EXPENSES, LOSSES OR CLAIMS ARISING OR RESULTING FROM SUCH ERRORS.
NEITHER WE NOR OUR AFFILIATES AND RELATED PARTIES WILL BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR PAYMENTS MADE TO YOU AS A RESULT OF A DEFECT OR ERROR IN THE SOFTWARE, OR IN CONNECTION WITH ANY CLAIM OR DEMAND MADE BY THE VENDOR OR ANY THIRD PARTY FOR THE RETURN OF SUCH PAYMENTS OR OTHERWISE IN CONNECTION WITH SUCH PAYMENTS.
You hereby acknowledge that it is not in Our control how the Software is used by You. You load and use the Software at Your own risk and in no event shall We be liable to you for any direct, consequential, incidental or special damage or loss of any kind (except personal injury or death resulting from Our negligence).
The Software includes non-public and confidential information, which is secret and valuable to Us or the Vendor. You agree, as long as You use the Software and thereafter, to (a) keep all such confidential information strictly confidential; (b) not to disclose such confidential information to a third party, and not to use such confidential information for any purpose other than participating in the Online Games. You further agree to take all reasonable steps at all times to protect and keep confidential such confidential information.
7. YOUR WARRANTIES AND REPRESENTATIONS
You warrant and represent to Us that:
7.1. You are not a resident of any of the Prohibited Jurisdictions; and
7.2. You have examined the legality of Your participation in the Online Games and use of the Software in each jurisdiction that is applicable to You, and have found the same to be legal in such jurisdictions under all applicable laws and orders of any competent authority.
8. CHANGES TO THE AGREEMENT
8.1. We may make changes to this Agreement at any time, at our sole discretion. Such changes will take effect from the date specified by us on the Website, whether or not We have notified You specifically of such changes. It is important, therefore, that You log in to the Website from time to time to check to see whether there is a notification of change.
8.2. You agree to be solely responsible for becoming informed of such changes. If You continue to use the Software or the Online Games after the effective date of certain changes (regardless of the way We have notified such changes), You agree to be bound by those changes whether or not You have had actual notice of, or have read, the relevant changes. If You do not agree to be bound by relevant changes, You should not continue to use the Software or the Online Games any further.
9. TERM AND TERMINATION
9.1. This agreement is effective, and binding upon You, from the moment of Your Acceptance, and shall remain in force unless terminated in accordance with the provisions hereof.
9.2. You may terminate this agreement with immediate effect at any time, subject to the terms of Section 9.4. Termination by You shall be effected by sending Us written notice of the termination of Your participation on the Website and the Online Games and closure of Your account with Us.
9.3. We may terminate this agreement with immediate effect at any time, by written notice to You.
9.4. Upon any termination of this agreement, whether by Us or by You, You agree and acknowledge that (i) Your rights to use the Software shall immediately terminate, and (ii) You will cease any and all use of the Software, and (iii) You will remove the Software from your computer, hard drives, networks and other storage material.
10. NO CLAIMS AGAINST VENDOR; LIMITATION OF LIABILTY
10.1. You understand and agree that We will be solely responsible to You under this agreement, and while Your commitments under this agreement are also for the benefit of the Vendor, its affiliates and related parties (and can therefore be enforced by them too), Vendor, its affiliates and related parties are not parties to this agreement and will not be liable for any damages of any kind whatsoever caused to You or any third party, regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise.
10.2. You are free to choose whether to use the Software. If You do so, You acknowledge that You do it with the full understanding of this agreement, including the provisions of this Section 10, and at Your own risk. IN NO EVENT SHALL WE (AND FOR THE AVOIDANCE OF DOUBT, ALSO VENDOR) OR ANY OF THEIR AFFILIATES AND RELATED PARTIES, IN AGGREGATE:
10.2.1. BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL OR SPECIAL DAMAGE OR LOSS OF ANY KIND WHATSOEVER; OR LOSS OF BUSINESS, PROFITS, REVENUE, CONTRACTS OR ANTICIPATED SAVINGS; OR LOSS OR DAMAGE ARISING FROM LOSS, DAMAGE OR CORRUPTION OF ANY DATA; or
10.2.2. BE LIABLE TO YOU WITH RESPECT TO ANY AND ALL CLAIMS AT ANY AND ALL TIMES ARISING FROM OR RELATING TO THIS AGREEMENT, HOWSOEVER ARISING UNDER CONTRACT OR ANY THEORY OF LAW, FOR DAMAGES EXCEEDING THE LOWER OF (A) THE AMOUNT DEPOSITED BY YOU WITH US AND USED BY YOU FOR GAMING PURPOSES, OR (B) €1,000 (ONE THOUSAND EUROS).
12. YOUR RESPONSIBILITIES
You shall not transfer in any way whatsoever Your rights under this agreement without our prior written consent.
13. YOUR WARRANTIES AND REPRESENTATIONS
You warrant and represent that:
13.2. You are over the age of eighteen.
14. RESERVATION OF RIGHTS
14.1. We reserve, at Our sole discretion, the right to:
14.2. change, suspend, remove, modify or add any game or tournament on the Online Games.
14.4. We may at any time without prior notice to You terminate Your use of the Online Games and block Your Player Account if We considers that You are in breach of any of the terms and provisions of this agreement or that You are otherwise acting illegally. We will not be under any obligation in such circumstances to refund or otherwise reimburse You for any of the funds in Your Player Account.
15. GENERAL PROVISIONS
15.1. Governing Law. The construction, validity and performance of this agreement will be governed by the laws of England.
15.2. Competent Courts. Any legal proceedings arising out of or relating to this agreement will be subject to the jurisdiction of the courts of London, England. However, this shall not prevent Us from bringing any action in the court of any other jurisdiction for injunctive or similar relief.
15.3. Severability. The illegality, invalidity or enforceability of any part of this agreement will not affect the legality, validity or enforceability of the remainder.
15.4. Language. The English language version of this agreement will prevail over any other language version issued by us.
15.5. No assignment by You. You are not allowed to assign this agreement or any rights or obligation hereunder to any other party.
15.6. Priority. This agreement shall prevail in the event of any conflict between the terms and conditions herein and any other agreement or document referred to herein or used in connection with the Software.
15.7. Notices. You agree to receive communications from Us in an electronic form. Electronic communications may be posted on the pages within the Website or the messages/help files of Your client application, or delivered to Your e-mail address. All communications in either electronic or paper 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 received or retrieved such 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 firstname.lastname@example.org.
In general, we will only collect the personal data that we need from you to offer you our services. For example, if you want to gamble with us then we'll collect your name, username, contact details, date of birth and address in order to set you up with an account. We’ll process data on any games that you play so that we can identify if you have won and, of course, pay any winnings to you.
The other main reason we will process your personal data is to comply with our legal and regulatory obligations. As you may know, in order to provide you with gambling services we are required to have a licence. As such, we will need to comply with our licence, and this may involve us collecting additional information about you – for example, if you try to set up an account we need to verify your identity and age to make sure that you are who you say you are and that, of course, you are old enough to gamble. Our licence also requires that we make sure you gamble responsibly. This means that we will monitor your gambling activities to check that you are gambling within your means. If we have any concerns about your gambling then we are required to contact you to make sure everything is okay. We take social responsibility very seriously.
Ultimately, we aim to only process your personal data where it is necessary. We will always keep your personal data secure. Your enjoyment of our services and your safety are our primary concerns.
2. The information we collect
2.1. 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, and date of birth.
2.3. As a provider of gambling services, we aim to ensure that you always gamble responsibly. As such, we may collect information about your physical or mental health. To help ensure that our customers gamble responsibly, it’s important we understand why they self-exclude (or when they should be contacted about the possibility of self-excluding). We therefore only use this type of data to ensure that you are gambling responsibly, to contact you if we are concerned that you are not gambling responsibly, to enforce any self-exclusion request, and to help us to better identify any responsible gambling concerns in the future for our customers.
3. Information we collect through Cookies and similar technologies
3.1 We collect information through "Cookies" and other similar technologies (e.g. pixel tags or links). This helps us to remember you when you visit the Website, and to improve your experience.
3.2 We also use information collected through "Cookies" and other similar technologies to detect any fraudulent behavior, improper transactions and/or abuse of our Website and Services, and to help verify your identity by registering and remembering your device information.
4. Information collected from third parties and how we use it
We use information from third party service providers, such as fraud prevention companies. This information may be used in various ways, such as to help us: (i) decide whether to accept transactions from personal computers, mobile phones or other devices by checking whether these devices have been identified with fraudulent or abusive transactions in the past; (ii) detect the inappropriate use of promotions we may run; (iii) detect whether you have (or may have) cheated or colluded with others; and (iv) investigate, mitigate and/or prevent identity theft, account takeovers or malware attacks. Third party service providers also help us verify your identity by registering and remembering your device information (such as the model, operating system, browser version and IP address), which is used to confirm device identification.
5. How we use your Personal Information
5.1. In accordance with data protection laws, we will only process your Personal Information where we have a lawful basis for doing so. In respect of your Personal Information, these bases are: (i) where it is necessary to provide services to you under the performance of the contract we have with you; (ii) where we are required to do so in accordance with legal or regulatory obligations; (iii) where you have given your consent; and, (iv) where it is in our legitimate interests to process your Personal Information, provided that none of these prejudice your own rights, freedoms and interests.
5.2. The following are a list of the "Purposes" for which we (including any of our agents, Group members, sub-contractors and/or employees) process your Personal Information, and the lawful basis on which we carry out such processing:
To set-up, administer and manage your Account and records (including processing deposits and withdrawals)
Necessary for the performance of a contract
To provide and personalise our Services (including to allow you to wager and play our games, and (if applicable) to provide chat moderation)
Necessary for the performance of a contract
To receive and respond to your communications and requests
Necessary for the performance of a contract where such communication relates specifically to our Services, otherwise consent
To notify you about updates to our Website and Services
Necessary for the performance of a contract
To ensure that we are able to fulfil our regulatory obligations regarding your Account, including by verifying the accuracy of any information you provide us
Necessary to comply with a legal or regulatory obligation
To 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)
Necessary to comply with a legal or regulatory obligation
To investigate, and assist with the investigation of, suspected unlawful, fraudulent or other improper activity connected with our Website and Services (including, where applicable, dealing with requests from authorised entities (e.g. sports governing bodies and law enforcement agencies) for the sharing of information and disclosure to such authorised entities)
Necessary to comply with a legal or regulatory obligation
To use data for research analysis, behavioral monitoring and testing with the outcome to understand potential harm to players. To help encourage safe play and target interventions where necessary.
|Necessary to comply with a legal or Regulatory Strategy|
To carry out market research campaigns
Legitimate interests so that we can better understand the products and services that our customers most enjoy
To prepare statistics relating to the use of our Website and Services by you and other customers
Legitimate interests so we can understand the use of, and therefore improve, our Website and Services
Necessary for the performance of a contact and necessary to comply with a legal or regulatory obligation
To keep you informed of offers and promotions relating to our Services and those of other entities within our Group, provided that you don't "opt-out" from this option
Legitimate interests so we can send you information about our Services (and promotions and offers) that you may be interested in
To keep you informed of offers and promotions for which you have specifically opted-in
To grant Brand Owner the right to market its products and services, and those of other entities within its Group, provided that you don't "opt-out" from this option
To support any other purpose necessary for performance of our contractual obligations or specifically stated at the time at which you provided your Personal Information
Necessary for the performance of a contract
To record telephone calls to and from, and live chats with, our customer services representatives for training and security and identification purposes
Legitimate interests in respect of training so that we improve our customer services, and necessary for a legal or regulatory obligation in respect of security and identification
To monitor gambling patterns and to identify possible responsible gambling concerns
Necessary to comply with a legal or regulatory obligation
To prevent you from using our Website and Services if you have requested that we do so
Necessary to comply with a legal or regulatory obligation
To comply with any deposit, spend or loss limits that you have set
Necessary to comply with a legal or regulatory obligation
To use your name, image, username or location in publicity and marketing, but only where you have provided your express and informed consent for us to do so
Cookies: Those that are necessary for the operation of the Website, including allowing you to interact with our Website and to recall selections as you move between pages
Necessary for the performance of the contract
Cookies: Those that analyse your use of our Website, monitor our web audience and populate certain content on our Website in line with your usage
Legitimate interest so we can continue to analyse and improve our Website and Services
Cookies: Those that track your journey to and from our Website
Legitimate interest so we can understand how players come to and from our Website and give effect to any commercial arrangements
Cookies: Those that are necessary for regulatory compliance, including identifying multiple accounts, false logins or potential fraud
Necessary to comply with a legal or regulatory obligation
Cookies: Those that are used for third party marketing
6. Disclosure of your Personal Information
6.1. We may, for the Purposes, disclose your Personal Information to any of the following recipients:
6.1.1. any company within our Group (including to its employees and sub-contractors) which assists us in providing our Services or which otherwise has a need to know such information;
6.1.2. any third party which assists us in providing our Services, including (but not limited to) payment processors, customer services representatives and chat moderators;
6.1.3. 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);
6.1.4. any third party which assists us in monitoring use of our Services, including the detection and prevention of fraud and collusion,
6.1.5. to Brand Owner;
6.1.6. 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;
6.1.7. any law enforcement body which may have any reasonable requirement to access your Personal Information;
6.1.8. any regulatory body or authorised entity (e.g. a sporting body or law enforcement agency) which may have any reasonable requirement to access your Personal Information; and
6.1.9. any potential purchaser of our business or any investors in it or in any company within our Group (including in the event of insolvency).
6.2. If at any time you wish us to stop processing your Personal Information for the above Purposes, you should 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.
7. Marketing Preferences
7.1. [Neither we nor Brand Owner (or, if relevant, any company in our respective Groups) will not end you unsolicited information regarding any third party's products or services.
7.2. 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 Brand Owner] (and those of any company in our [respective] Group[s]).
7.3. Unless you have informed us at the time of setting up your Account that you do not wish to receive promotional text messages and/or emails, we will send you such communications until you inform us that you no longer wish to receive them. You may update your marketing preferences at any time by:
7.3.1. if you are receiving emails, clicking on the "unsubscribe" link in an email and following the instructions;
7.3.2. if you are receiving text messages, by following the instructions to unsubscribe; or
7.3.3. contacting our Customer Services team.
8. 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, the Mohawk Territory of Kahnawake, Israel, Antigua and Barbuda, Guernsey, and the Philippines. Where we transfer your personal data outside of the EEA, we will put in place adequate measures to ensure that your Personal Information is kept secure (and such adequate measures shall include: (i) transferring to a jurisdiction which the European Commission recognises as providing adequate protection for the rights and freedoms of data subjects in connection with the processing of their personal data; and (ii) transfers pursuant to standard contractual clauses in accordance with European Commission decisions on transferring personal data).
9. Updating your Personal Information
You may update or delete your Personal Information at any time via the Website or by contacting our Customer Services team.
10. Your rights
10.1. You have the following rights in relation to your Personal Information:
10.1.1. a right to access your Personal Information as held by us (also known as a subject access request);
10.1.2. a right to receive certain Personal Information in machine-readable format;
10.1.3. a right to object to processing where the lawful basis is that it is in our legitimate interests, but please note that we may still process your Personal Information where there are other relevant lawful bases or where we have compelling grounds to continue processing your Personal Information in our interests which are not overridden by your rights, interests or freedoms;
10.1.4. a right to have inaccurate Personal Information rectified;
10.1.5. a right to have certain Personal Information erased where it is no longer necessary for us to process it, where you have withdrawn your consent pursuant to paragraph 10.1.8, where you have objected pursuant to paragraph 10.1.3, where your Personal Information has been unlawfully processed, or where erasing your Personal Information is required in accordance with a legal obligation;
10.1.6. a right to request an explanation of the logic involved where we make decisions about you solely through automated means;
10.1.7. a right to complain to your national data protection supervisory authority ;
10.1.8. where we have specifically requested your consent to process your Personal Information and have no other lawful conditions to rely on, you have the right to withdraw this consent; and
10.1.9. a right to object to direct marketing, which can be done by opting-out of direct marketing either through your Account or by opting out via the communication itself. You also have a right to object to any profiling to the extent that it relates to direct marketing only.
10.2. If you are unsure about your rights or are concerned about how your Personal Information may be processed, you should contact your national data protection regulator.
10.3. If you would like to exercise any of your rights then you can do so by contacting us as described below. Please be aware that while we will try to accommodate any request you make in respect of your rights, they are not absolute rights. This means that we may have to refuse your request or may only be able to comply with it in part.
10.4. Where you make a request in respect of your rights we will require proof of identification. We may also ask that you clarify your request. We will aim to respond to any request within one month of verifying your identity. If we receive repeated requests, or have reason to believe requests are being made unreasonably, we reserve the right not to respond.
11. Retention of your Personal Information
We will retain your Personal Information for the period necessary for us to provide you with our Services and to comply with our legal and regulatory responsibilities. Accordingly, your Personal Information will be retained for a minimum of five years following [the closure of your Account (if applicable) or the last contact with us emanating from you]. Where it is no longer necessary for us to process your Personal Information, we will delete it sooner. If you request that you should not be able to access our Website and Services (i.e. self-exclude), we will retain this information for a minimum of seven years.
12. Contacting us
12.1. You can contact our Customer Services team using the details here.
The cookies used on this Website are either set by us or by our third party service providers, and fall into the following categories:
1) Strictly Necessary - these cookies are essential in order to enable you to move around the Website and use its features. If you remove or disable these Cookies, we cannot guarantee that you will be able to use our Websites or benefit from all our security features.
2) Performance - these Cookies collect information about how visitors use our Website. They allow us to recognise and count the number of visitors and to see how visitors move around our Website.
3) Functionality - these Cookies are used to provide services or to remember choices you make so we can personalise our content for you. We use this information to customise your experience of our Website to meet your preferences for content layout, text size etc. You can manage these Cookies using your browser settings. However, if you block them we may not be able to offer you certain services that you have chosen
4) Targeting - these Cookies record the fact that you have visited our Website, including which web pages you have accessed, which device you have accessed them from and which links you have followed. We use this information to make our Website relevant to your interests and for fraud and website abuse detection purposes, including detecting players who have abused bonus schemes or other promotions.
Some of these are "session cookies", which stay in place only for the duration of your visit to our website and are deleted at the end of your browsing session. Others are "persistent cookies", which remain on your device for a period of time after you have left the Website.
13.2. Most browsers have cookies enabled by default, but you are able to change your cookies settings, which are usually found in the 'options' or 'preferences' menu of your internet browser. You can block any cookies from any website by activating the setting on your browser that allows you to refuse the setting of some or all cookies. However, if you block all cookies you may not be able to access all or part of our Website. You can also use your browser settings to delete cookies. For more information about how to disable cookies in your browser please visit www.allaboutcookies.org.
13.3. 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.
13.4. 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.
14.1. We are committed to ensuring that your Personal Information is secure. In order to prevent unauthorized access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the Personal Information that we collect.
14.2. All the Personal Information that you provide us is stored in a secure computing environment protected by secure firewalls to prevent unauthorized access. We control access so that only people who need to access the Personal Information can. All staff are provided security training and are required to adhere to a comprehensive set of security policies, procedures, and standards related to their jobs.
14.3. When you use secure areas of our Website, we use SSL with 256 -bit encryption. This means that all the information sent between your computer and our secure computer environment is encrypted or scrambled so that no one can read it in transit. Secure areas of the site have a time-out feature. If you leave your secure session inactive for some time, it times-out to prevent unauthorized access.