1. INTRODUCTION: WHAT MAKES UP YOUR TERMS AND CONDITIONS
1.1 By using and/or visiting any section of the Website; or by opening an account with the relevant group company of the Operator (as determined by reference to paragraph 2 of the General Terms and Conditions) through the Website, You agree to be bound by:
1.1.1 the General Terms and Conditions, on this page; and
1.1.2 the "Security & Privacy"
and You accordingly agree to the use of electronic communications in order to enter into contracts; and You waive any applicable rights or requirements which require a signature by hand, to the extent permitted by any applicable law.
1.2 In addition, where You play any game though the Website, You agree to be bound by:
1.2.1 Any ‘House Rules’, ‘Game Rules’, and/or ‘Tournament Rules’, ‘Withdrawal Conditions’ or any other similar rules and conditions which are displayed on the Website;
1.2.2 The terms and conditions and/or rules with regard to promotions, bonuses and special offers, as are contained in the 'Promotions', 'Promotions Terms and Conditions' section (or similarly titled section) of the Website or click on this link "Promotions General Terms & Conditions";
1.2.3 the ‘Licence To Use’ in respect of any software which You are required to access or utilise (if any) for the purpose of Your use of the relevant Website, which can be found in "Appendix 1" of these General Terms and Conditions; and
1.2.4 any additional end user terms and conditions of use which You are required to confirm Your agreement to as part of the download and/or installation of any software which You may download in order to be able to use the Website, including the Playtech End User Licence Agreement which can be found in "Appendix 2" of these General Terms and Conditions.
GENERAL TERMS AND CONDITIONS
2.1.1 with WHG (International) Limited if You are using the Website and You are based in, or the address given for Your Account at the relevant time of such use is in, anywhere other than in the United Kingdom; and/or
2.1.2 with WHG Trading Limited if You are using the Website and You are based in, and the address given for Your Account at the relevant time of such use is in, the United Kingdom.
2.3 WHG (International) Limited and WHG Trading Limited are licensed and regulated by the Gibraltar Regulatory Authority, Gibraltar.
3.3.1 by email (to the email address You have previously supplied us with, if any); and/or
3.3.2 by a notice on the Website; and/or
3.3.3 by a notice in the Racing Post or another newspaper; and/or
3.3.4 by a notice on a teletext page.
4. OPENING YOUR ACCOUNT
4.1 In order to play games via the Website, You will need to open an account with the Operator (“Your Account”).
4.2 For various legal or commercial reasons, we do not permit accounts to be opened by, or used from. from customers based in certain jurisdictions, including The United States of America, Hong Kong, Israel and Bulgaria. This list of jurisdictions may be changed by us from time to time with or without notice. You agree that You shall not open an account, nor attempt to use Your Account, if You are based in these jurisdictions.
4.3 In order to open Your Account for use with the Website, You should follow the instructions on the “Register”, “Getting Started” or similar links on the Website.
4.4 Your Account will either be operated by the relevant company with whom You contract as identified by reference to paragraph 2.1, but in some cases may be operated by another company in the same group of companies as the Operator for and on behalf of itself and the relevant company with whom You have contracted.
4.5 When You open Your Account You will be asked to provide us with personal information, including Your name and date of birth; and appropriate contact details, including an address, telephone number and e-mail address (“Your Contact Details”). You may update Your Contact Details from time to time by contacting Customer Services.
4.6 If You do not wish Your Contact Details to be used by us and our business partners to contact You to inform You with marketing information relating to others of our goods, products or services or those of our business partners, please indicate that this is the case by ticking the relevant box as instructed when You open an account on the Website.
4.7 You hereby acknowledge and accept that, by using the Website, there is a risk that You may, as well as winning money, lose money.
5. VERIFICATION OF YOUR IDENTITY; MONEY LAUNDERING REQUIREMENTS
5.1 You warrant that:
5.1.1 You are not younger than the greater of the age :
126.96.36.199 of18 (eighteen) years; or
188.8.131.52 at which gambling or gaming activities are legal under the law or jurisdiction that applies to You (“the Relevant Age”); and
5.1.2 the name and address You supply when opening Your Account are correct; and
5.2 Whilst we are undertaking any Checks from time to time, we may restrict You from withdrawing funds from Your Account and/or prevent access to all or certain parts of the Website. Please note that we may from time to time re-perform the Checks for regulatory, security or other business reasons. If such any such restrictions cause You a problem, please contact Customer Services.
5.3 In certain circumstances we may have to contact You and ask You to provide further information to us directly in order to complete the Checks. If You do not or cannot provide us with such information then we may suspend Your Account until such time as You have provided us with such information, and/or permanently close Your Account.
5.4 It may be an offence for persons under the Relevant Age to make use of the Website. If we are unable to confirm that You are the Relevant or over within seventy two (72) hours of Your Account being opened then we are required to suspend Your Account. If You are subsequently proven to have been under the Relevant Age at the time You made any gambling or gaming transactions with Us, then:
5.4.1 Your Account will be closed;
5.4.2 all transactions made whilst You were underage will be made void, and all related funds deposited by You will be returned;
5.4.3 any stakes for bets at made while You were underage will be returned to You; and
5.4.4 any winnings which You have accrued during such time when You were underage will be forfeited by You and You will return to us on demand any such funds which have been withdrawn from You Account.
6. USERNAME, PASSWORD, PIN and CUSTOMER INFORMATION
6.1 After opening Your Account, You must use take all reasonable steps to avoid disclosing (whether deliberately or accidentally) Your username, password and/or account number to anyone else. All transactions made where Your username and password and/or account number have been entered correctly will be regarded as valid, whether or not authorised by You, and we shall not be liable for any claims in the event that You give disclose Your username, password or account number to anyone else.
6.2 If You have lost or forgotten Your Account details please contact us immediately for a replacement through Customer Services, details of which can be found in the ‘Help’ section of the Website.
7. DEPOSITS AND WITHDRAWALS FROM YOUR ACCOUNT
7.1 If You wish to participate in gaming using the Website, You must deposit monies into Your Account. Such monies may then be used by You to play games on the Website. Further details of how to deposit, withdraw and transfer funds can be found help section of the Website (as appropriate to Your Account).
7.2 You further agree not to make any charge-backs, reversals or otherwise cancel any deposits into Your Account, and in any such event to refund and compensate us for such unpaid deposits including any expenses incurred by us in the process of collecting Your deposit.
7.3 Your Account is not a bank account and is therefore not insured, guaranteed, sponsored or otherwise protected by any deposit or banking insurance system or by any other similar insurance system. Any monies deposited with us in Your Account shall not attract any interest. Monies deposited with us are held under a normal bank account in the name of the appropriate company and are not subject to special trust arrangements. As such, we do not provide particular protection for the monies deposited in Your Account in the event of our insolvency.
7.4 We may at any time set off any positive balance on Your Account against any amount owed by You to any company within the same group of companies as the Operator.
7.5 You are responsible for reporting Your winnings and losses, if such reporting is required by Your local law or tax or other authorities.
7.6 You can set a deposit limit on Your Account in any one (1) day. This limit cannot be increased without giving us twenty four (24) hours' notice of Your wish to increase Your deposit limit and only when twenty four (24) hours have elapsed from Your request for such an increase will the increase apply. For details of how to set up a deposit limit please contact Customer Services.
7.7 Subject to paragraph 12 (Closure of Your Account; etc), You may request withdrawal of funds from Your Account at any time provided that:
7.7.1 all payments made into Your Account have been confirmed as cleared and none have been charged-back, reversed or otherwise cancelled;
7.7.2 any Checks referred to in paragraph 5 above have been completed by us to our satisfaction. For this purpose, we will further be entitled, at our sole discretion, to require that You provide us with, and You agree to so do, a notarised ID or any equivalent certified ID according to the applicable law of Your jurisdiction or otherwise, proof of address, utility bills, bank details, bank statements and bank references; and
7.7.3 You have complied withy any other relevant withdrawal conditions in respect of, and can be found on, the relevant Website.
7.8 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 in accordance with paragraph 7.8 (less charges incurred or any required amount from Your Withdrawal in order to comply with any applicable law).
7.9 We will attempt to accommodate Your request regarding the payment method and currency of payment of Your withdrawal. This, however, cannot be guaranteed. Therefore, we may process and pay withdrawals in a different payment method than the one requested by You, such as through different payment providers, a bank draft or wire transfer. Similarly, in certain cases, the currency of Your withdrawal may not be the currency in which Your deposit was made or that was otherwise requested by You.
7.10 When using the Website, there us a maximum amount that can be withdrawn in one time of $9,000 (or the corresponding amount in the currency of payment) per month, including relating to progressive jackpots. For the avoidance of doubt, all withdrawals are subject to the provisions of paragraph 5.2 regarding the carrying out by us of Checks.
8. LEGAL USE OF THE WEBSITE
8.1 Access to or use of the Website or any of the products offered via the Website may not be legal for some or all residents of or persons in certain countries. We do not intend that the Website should be used for betting, gaming or any other purposes by persons in countries in which such activities are illegal, which includes the United States of America. We make no representation or warranty with respect to the legality or otherwise of the access to and use of the Website, and the making of deposits or receipt of any winning from Your Account. The Website does not constitute an offer, solicitation or invitation by us for the use of or subscription to betting, gaming or other services in any jurisdiction in which such activities are prohibited by law.
8.2 It is Your responsibility to determine the law that applies in the location in which You are present. You should ensure that You will be acting legally in Your jurisdiction in opening Your Account and/or using the Website and You represent, warrant and agree that You will do so.
9. GAMING ON THE WEBSITE
10. REMOTE GAMING OR BETTING
10.1 Where You are betting or gaming via an electronic form of communication You should be aware that:
10.1.1 In relation to Your use of the Website for the placing of bets or playing of games:
10.1.1.1 You may be using a connection or equipment which is slower than such equipment used by others and this may affect Your performance in time critical events offered via the Website;
10.1.1.2 You may encounter system flaws, faults, errors or service interruption which will be dealt with in accordance with paragraph 17 (IT Failure);
10.1.1.3 the rules for each event or game offered via the Website are available and should be considered by You prior to Your use of the products offered via the Website; and
10.1.1.4 in games offered via the Website which benefit from more players or greater liquidity we may deploy electronic players (known as robots, and whose usernames will be "bot") who are pre programmed to play and join in with the game in order to assist the liquidity or the number of players gaming; and
10.1.2 In relation to Your use of the Website, if You are betting on an "in running" event, You may not at any relevant time be able to see or otherwise be provided with the most up to date information in relation to the relevant event.
11. COLLUSION, CHEATING, FRAUD AND CRIMINAL ACTIVITY
11.1 If You are gaming on peer-to-peer events via the Website (i.e. against third parties, for example, whilst playing Poker) You cannot see who You are gaming against and they may be:
- colluding with other third parties; and/or
- using unfair external factors or influences (commonly known as cheating); and/or
- undertaking fraudulent activities to Your disadvantage and their advantage.
Such practices are not permitted and we will take all reasonable steps to prevent them; detect them and the relevant players concerned if they do occur; and deal with the relevant players appropriately. We will not be liable for any loss or damage which You or any other player may incur as a result of collusive, fraudulent or otherwise illegal activity, or cheating, and any action we take in respect of the same will be at our sole discretion.
11.2 If You suspect a person is colluding, cheating or undertaking a fraudulent activity, You shall as soon as reasonably practicable report it to us by e-mailing or telephoning Customer Services.
11.4.1 We believe or have reasonable grounds to suspect that:
184.108.40.206 You have participated in or have been connected with any form of collusion, cheating or fraudulent practice, or otherwise any other criminal activity; or
220.127.116.11 a game in which You participated included the use of collusive or fraudulent practice, or any cheating; or
11.4.2 we become aware that You have placed bets and/or played online games with any other online provider of gambling services and are suspected (as a result of such play) of collusion, cheating or fraud (including in relation to charge-backs), or otherwise any criminal or otherwise improper activity; or
11.4.3 we become aware that You have "charged back" or denied any of the purchases or deposits that You made to Your Account; or
11.5 For the purposes of paragraph 11.4:
11.5.1 the basis of our belief or suspicion shall include the use by us (and by our gaming partners and our other suppliers) of any fraud, cheating and collusion detection practices which are used in the gambling and gaming industry at the relevant time;
11.5.2 a “fraudulent practice” shall include the use by You or any other person who was participating in the same game as You at any time, of a stolen, cloned or otherwise unauthorised credit debit or other payment card (or any other electronic payment method) as a source of funds;
11.5.3 “criminal activity” shall include money laundering.
11.6 Where we exercise our rights under paragraph 11.4 pursuant to the ground in paragraph 11.4.1, we undertake to thoroughly investigate the grounds for our suspicion (which may be after we have initially suspended Your Account or withheld the balance of Your Account, as the case may be) in accordance with our usual practices and to our satisfaction, and that we shall complete such investigations in a timely manner. We undertake that we will use all reasonable endeavours to ensure that, while complying with our regulatory and other legal obligations, we exercise our rights in this paragraph in a manner which is fair to You and to our other customers.
11.7 We reserve the right to inform relevant authorities, other online gaming or gambling operators, other online service providers and banks, credit card companies, electronic payment providers or other financial institutions of Your identity and of any suspected unlawful, fraudulent or improper activity, and You agree to cooperate fully with us to investigate any such activity.
CLOSURE AND TERMINATION BY YOU
12.1.1 indicating Your wish to close Your Account; and
12.1.2 stating the reasons why You wish to close Your Account, in particular if You are doing so because of concerns over the level of Your use of the same.
We will respond to Your request, confirming closure of Your Account and the date on which such closure will be effective, within a reasonable time, provided that You continue to assume responsibility for all activity on Your Account until such closure has been affected by us.
CLOSURE AND TERMINATION BY US
13. ACCESS TO, AND USE OF, THE WEBSITE
13.1 You are solely responsible for the supply and maintenance of all of the computer equipment and telecommunications networks and internet access services that You need to use in order to access the Website. We will not be liable in any way whatsoever for any losses caused to You by the internet or any telecommunication service provider which You have engaged in order to access the Website.
13.2 Under no circumstances should You use the Website for any purpose which is or is likely to be considered to be defamatory, abusive, obscene, unlawful, of a racist, sexist or other discriminatory nature, or which could cause offence. You must not use any abusive or aggressive language or images; swear, threaten, harass or abuse any other person, including other users, via the Website; or behave in such a manner towards any of the Operator’s staff used to provide Customer Services, or any helpdesk or support function which we make available to You.
13.3 You shall not corrupt the Website, flood the Website with information so as to cause the Website to not function, nor use any features which may affect the function of the Website in any way for example (but not limited to) releasing or propogating viruses, worms, logic bombs or similar. Any multiple submissions or "spam" are strictly prohibited. You must not interfere or tamper with, remove or otherwise alter in any way, any information in any form which is included on the Website.
13.4 You shall use the Website for personal entertainment only and shall not be allowed to provide access or reproduce the Website or any part of it in any form whatsoever without our express consent, including creating links to it.
13.5 For various legal and commercial reasons, we reserve the right to restrict access to the Website in respect of customers who are based in certain jurisdictions.
13.6 You will fully indemnify, defend and hold us and our officers, directors, employees, agents, contractors and suppliers (including without limitation the Software Provider) harmless from and against any and all losses, costs, expenses, claims, demands, liabilities and damages (including legal fees), however caused, that may arise as a result of or in connection with:
13.6.1 access and use of the Website by Yourself or by anyone else using Your Username and Password; and/or
14. BETTING AND GAMING TERMS
Expressions used in the betting and gaming industry are numerous. Where appropriate, a glossary explaining the meaning of commonly-used betting and gaming expressions is available through the ‘Help’ pages in the Website. Should You be in any doubt as to the meaning of any expression, You should look up its meaning in the glossary in the relevant ‘help’ section relating to the event or game You are betting or gaming on. If You are still in any doubt You should contact Customer Services and should not place any bet or game on any event until its meaning is understood to Your satisfaction. We cannot accept any responsibility if You place a bet or game via the products offered via the Website in circumstances where You do not understand any of the terms involved in or relating to the bet or game.
15. ALTERATION OF THE WEBSITE
We may, in our absolute discretion, alter or amend any product offered via the Website at any time for the purpose of ensuring the ongoing provision of the Website and may alter prices offered via the products offered via the Website where such alterations do not affect games and/or bets already in progress. From time to time, we may restrict You from accessing some parts of the Website for the purpose of maintenance of the Website and/or alteration or amendment of any of the products offered via it.
16.1 It may be necessary to provide You with software ("Software") provided by third parties to enable You to use the products offered via the Website, in particular our download Casino and download Poker products.
16.2.1 Playtech Software Limited – for download Casino and Poker products.
16.3 You shall not interfere with, modify or reverse engineer any software provided to You by us and/or any Third Party or attempt to do so, except as permitted by law.
17. IT FAILURE
17.1 Where unexpected system flaws, faults or errors occur in the software or hardware which we use to provide the Website we will take immediate steps to remedy the problem. Where such flaws, faults or errors cause a game to be interrupted in circumstances where it cannot be restarted from exactly the same position without any detriment to You or other players, we will take all reasonable steps to treat You in a fair manner.
17.2 We do not accept any liability whatsoever for IT failures which are caused by the equipment which You or other players are using to access the Website or faults which relate to Your or their internet service provider.
18. ERRORS OR OMISSIONS
18.1 If an error is made by us (including our employees and agents), our partners, or our suppliers as to the amount of winnings/returns that are paid to You in Your favour, such monies shall be deemed to be held by You on trust for us and should be immediately repaid to us when a demand for payment is made by us to You. Where such circumstances exist, If You have monies in Your Account we may reclaim these monies from Your Account without further recourse to You.
18.2 Should We mis-state any odds or terms of a bet or gaming wager to You as a result of obvious error or omission in inputting the information or setting up a market on the Website, or as a result of a computer malfunction, the bet or game will be deemed to have taken place on the correct terms or prices which were available through the Operator or any company in its group (absent the publishing error) at the time that the bet was struck and the game will be deemed to have taken place on the terms which were usual for that bet or game.
18.3 Neither we (including our employees or agents) nor our partners or suppliers shall be liable for any loss including loss of winnings that results from any error by us or You. You will forfeit any winnings/losses that result from any such error.
19. EXCLUSION OF OUR LIABILITY
19.1 Your access to and use of the products offered via the Website is at Your sole option, discretion and risk. We shall not be liable for any attempts by You to use the Website by methods, means or ways not intended by us.
20.2.1 Provide You with notice (using Your Contact Details) that You are in breach; requiring You to stop the relevant act or failure to act, and/or requiring You to put right an act or fault on Your part; and warning You of our intended action if You do not do so; and/or
20.2.2 suspend Your Account so that You are unable to place bets or play games on the Website for such period as we may determine; and/or
21. INTELLECTUAL PROPERTY RIGHTS
21.1 All website design, text, graphics, music, sound, photographs, video, the selection and arrangement thereof, software compilations, underlying source code, software and all other material contained within the Website are subject to copyright and other proprietary rights which are either owned by us or used under licence from third party rights owners. To the extent that any material contained on the Website may be downloaded or printed then such material may be downloaded to a single personal computer only and hard copy portions may be printed solely for Your own personal and non-commercial use.
21.2 Under no circumstances shall the use of the Website grant to any user any interest in any intellectual property rights (for example copyright, know-how or trade marks) owned by us or by any third party whatsoever.
21.5 All intellectual property rights in the name of the Website, the logos, designs, trade marks and other distinctive brand features of the Operator and any content provided by the Operator for inclusion on the Website vest in the Operator. You agree not to display or use such logos, designs, trade marks and other distinctive brand features in any manner without our prior written consent.
22. VIRUSES, HACKING AND OTHER OFFENCES
22.1 You must not misuse the Website by knowingly or negligently introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the servers on which the Website are stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching provision, You would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing Your identity to them. In the event of such a breach, Your right to use the Website will cease immediately.
22.2 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect Your computer equipment, computer programs, data or other proprietary material due to Your use of the Website or to Your downloading of any material posted on such Website, or on any website linked to the Website.
23. YOUR PERSONAL INFORMATION
23.2 We are required by law (in particular by the Data Protection Act 1998 in the UK and, where relevant, the Data Protection Act 2004 in Gibraltar) to comply with data protection requirements in the way in which we use any personal information collected from You in Your use of the Website. We therefore take very seriously our obligations in relation to the way in which we use Your personal information.
23.3 When You use the Website it will be necessary for us to collect certain information about You, including Your name and date of birth, Your Contact Details, and may also include information about Your marketing preferences (all of which shall be known as “Your Personal Information”).
23.4 By providing us with Your Personal Information, You consent to our processing Your Personal Information, including any of the same which is particularly sensitive:
23.4.2 for other purposes where we need to process Your Personal Information for the purposes of operating the Website, including by sharing it with our service providers and agents for these purposes, for example to our providers of postal services, marketing services and customer services agents. We may also disclose Your Personal Information personal data in order to comply with a legal or regulatory obligation.
23.5 We will retain copies of any communications that You send to us (including copies of any emails) in order to maintain accurate records of the information that we have received from You.
24. USE OF ‘COOKIES’ ON THE WEBSITE
24.2 If You object to cookies or want to delete any cookies that are already stored on Your computer, we recommend that You follow the instructions for deleting existing cookies and disabling future cookies on Your file management software. Further information on deleting or controlling cookies is available within our "Security & Privacy"
or at www.aboutcookies.org
. Please note that by deleting our cookies or disabling future cookies You may not be able to access certain areas or features of the Website
25. COMPLAINTS AND NOTICES
25.1 No claim or dispute with regard to the acceptance or settlement of a bet which You have made via the Website will be considered more than 30 days after the date of the original transaction. No claim or dispute in respect of a game which You have played via the Website will be considered more than 12 (twelve) weeks after the date on which the relevant transaction or game play took place.
25.2 If You wish to make a complaint regarding the Website, You should, as a first step, as soon as reasonably practicable contact us raise Your Complaint with Customer Services.
25.4 In the event of any dispute, both You and the Operator agree that the records of the server shall act as the final authority in determining the outcome of any claim.
25.5 You acknowledge that our 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 Your screen and the game server, the result that appears on the game server will prevail, and You acknowledge and agree that our records will be the final authority in determining the terms and circumstances of Your participation in the relevant online gaming activity and the results of this participation.
25.6 When we wish to contact You, we may do so using any of Your Contact Details. Notices will be deemed to have been properly served and received by You immediately after an e-mail is sent or after we have communicated with You directly by telephone (including where we leave You a voicemail), or three (3) days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and; and in the case of an email, that such email was sent to the specified email address (if any) in Your Contact Details at the time that any such e-mail was sent.
26.2 In the event that there is any conflict or inconsistency between the terms and conditions which make up Your contract with the Operator as identified in paragraphs 1.1 and, the order of precedence shall be as follows:
26.2.1 First, the General Terms and Conditions;
26.2.3 Third, any terms and conditions relevant to promotions, bonuses or special offers, as referred to in paragraph 1.2.2;
26.2.4 Fourth, any rules which apply to the game, as referred to in paragraph 1.2.1; and
26.2.5 Fifth, the end user terms and conditions of use referred to in paragraph 1.2.4.
27. TRANSFER OF RIGHTS AND OBLIGATIONS
28. EVENTS OUTSIDE OUR CONTROL
28.2 Our performance is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations may be performed despite the Force Majeure Event.
29.1 If we fail to insist upon strict performance of any of Your obligations or if we fail to exercise any of the rights or remedies to which we are entitled, this shall not constitute a waiver of such rights or remedies and shall not relieve You from compliance with such obligations.
29.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
30.2 In such cases, the part deemed invalid or unenforceable shall be amended in a manner consistent with the applicable law to reflect, as closely as possible, the Operator's original intent.
31. ENTIRE AGREEMENT
32. LAW AND JURISDICTION
33. RESPONSIBLE GAMING/GAMBLING
33.1 For those customers who wish to restrict their gambling, we provide a voluntary self exclusion policy, which enables You to close Your Account or restrict Your ability to place bets or game on the Website for a minimum period of six months. You can ask that the restriction lasts for a period of up to 5 (five) years.
33.2 If You require any information relating to this facility please speak to Customer Services.
33.3 We will use our reasonable endeavours to ensure compliance with self exclusion. However You accept that we have no responsibility or liability whatsoever if You continue gambling and/or seek to use the Website and we fail to recognise or determine that You have requested self exclusion in circumstances which are beyond our reasonable control. For example including but not limited to You opening a new account, gambling in an LBO or over the telephone rather than over the internet or using a different name or address.
33.4 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 0845 600 0133; this number may not be available from outside the UK.
33.5 The Operator is committed to supporting "Responsible Gambling"
LICENCE TO USE SOFTWARE
This Licence applies to the software (if any) licensed to us that is required to be downloaded, accessed or otherwise utilized by You from the Website for the purpose of enabling You to participate in the a relevant online game, including any program or data file derived therefrom and any related documentation, and including any enhancements, modifications, additions, translations or updates to such software (“the Software”).
We hereby grant You a personal, non-exclusive, non-transferable right to use the Software, solely for playing in the relevant online product , in accordance with the following provisions.
1. 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.
2. This license does not apply to certain territories which are identified in the following paragraph, of which YOU SHOULD NOT BE A RESIDENT AND FROM WHICH YOU ARE NOT ALLOWED TO ACCESS OR USE THE ONLINE CASINO AND/OR THE WEBSITE AND/OR THE SOFTWARE, OR TO MAKE ANY DEPOSIT OR RECEIVE ANY WITHDRAWAL.
This list may be changed by us from time to time and IT IS YOUR DUTY TO CONSULT AND CHECK REGULARLY THIS END-USER AGREEMENT IN OUR WEBSITE REGARDING ANY CHANGES TO THIS LIST.
THE EXCLUDED TERRITORIES ARE AS FOLLOWS: THE UNITED STATES AND ITS TERRITORIES, ISRAEL, ANTIGUA AND BARBUDA, NETHERLANDS ANTILLES, ESTONIA, CYPRUS, KAHNAWAKE, BULGARIA, HONG KONG, PHILIPPINES, AFGHANISTAN, CUBA, IRAN, IRAQ, LIBYA, SUDAN, SYRIA AND TURKEY.
3. You are not permitted to and will not permit or assist others to:
3.1 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, application service provider services, internet services provider services, timesharing arrangements, outsourcing services or bureau services;
3.2 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;
3.3 translate, reverse engineer, decompile, disassemble, adapt, modify, create derivative works based on, or otherwise modify the Software;
3.4 copy or translate any user documentation provided 'online' or in electronic format;
3.5 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.
3.6 You do not own the Software. The Software is owned and is the exclusive property of the licensor, a third party software provider company (the "Software Provider"). The Software and accompanying documentation which have been licensed to us are proprietary products of the Software Provider and 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 this Agreement. This Agreement applies only to the grant of a license to use the Software.
3.7 Any trade marks, service marks and/or trade names used by us on the Website from time to time (the "Trade Marks") are the trade marks, service marks and/or trade names of ours or our affiliates or licensors, and we and/or such entities, as applicable, reserve all rights to the Trade Marks. In addition, other content on the Website, including, but not limited to, the Software, images, pictures, graphics, photographs, animations, videos, music, audio and text (the "Site Content") belongs to us or our affiliates or licensors and is protected by copyright and/or other intellectual property rights. You hereby acknowledge that by accessing and using the Internet Game and the Website You obtain no rights in or to the Trade Marks or the Site Content and must not use them without our prior written consent.
3.8 THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY WARRANTIES, CONDITIONS, UNDERTAKINGS OR REPRESENTATIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. WE AND THE SOFTWARE PROVIDER, AND ALL OF OUR AND THEIR 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.
3.9 NEITHER WE NOR THE SOFTWARE PROVIDER, NOR ANY OF OUR OR THEIR AFFILIATES AND RELATED PARTIES, WARRANT OR GUARANTEE (1) THAT THE SOFTWARE WILL BE NON-INFRINGING, (2) THAT THE OPERATION OF THE SOFTWARE WILL BE ERROR FREE OR UNINTERRUPTED, (3) THAT ANY DEFECTS IN THE SOFTWARE WILL BE CORRECTED, (4) THAT THE SOFTWARE OR THE SERVERS ARE FREE OF VIRUSES AND BUGS, OR (5) THE PRIVACY, SECURITY, AUTHENTICITY AND NON-CORRUPTION OF ANY INFORMATION TRANSMITTED THROUGH, OR STORED IN ANY SYSTEM CONNECTED TO, THE INTERNET.
3.10 NEITHER WE NOR THE SOFTWARE PROVIDER, OR ANY OF OUR OR 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 COMMUNICATIONS OR SYSTEM ERRORS OCCURING IN CONNECTION WITH THE SETTELMENT OF ACCOUNTS OR OTHER FEATURES OR COMPONENTS 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.
3.11 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 the terms of this Agreement.
PLAYTECH END-USER LICENSE AGREEMENTDEFINITIONS
The following words and terms, when used with this End User Licence Agreement ("EULA"), shall have the following meanings, unless the context clearly indicates otherwise:
|“Bingo Hall”||the part of the Website operated by Us which acts as a gateway through which You can participate in the Bingo Network;|
|“Bingo Network”||the centralised and shared bingo card rooms facility managed by or on behalf of the Software Provider upon which online bingo games are deployed and configured by the Software Provider;|
|“iPoker Network”||the centralised and shared poker card rooms facility managed by or on behalf of the Software Provider upon which online poker games are deployed and configured by the Software Provider;|
|“IP Rights”||all patents, rights to inventions, copyright and related rights, moral rights, database rights, semi-conductor topography rights, supplementary protection certificates, petty patents, utility models, trade marks, service marks, trade names, rights to goodwill and/or to sue for passing-off, rights in designs, personality rights, rights in undisclosed or confidential information (including without limitation know how, trade secrets and inventions (whether patentable or not)) and other similar or equivalent rights or forms of protection (in each case whether registered or unregistered) and all applications (or rights to apply) for, and for renewals or extensions of, any such rights, in each case as may now or in the future exist anywhere in the world;|
|“Online Gaming System”||Our internet gaming systems, gaming activities and related services operated on the Website, including, but not limited to, online casino, online bingo, online poker and any other games;|
|“Poker Room”||the part of the Website operated by Us which acts as a gateway through which You can participate in the iPoker Network;|
|“Player Account”||a personal account opened by an individual and maintained with Us to enable that person to play games in the Online Gaming System;|
|“Related Party”||in relation to a relevant party, a parent undertaking or a subsidiary undertaking, or a subsidiary undertaking of its parent undertaking, in each case from time to time; "undertaking", “parent undertaking” and “subsidiary undertaking” shall have the meanings attributed to them in sections 1161 and 1162 of and schedule 7 to the Companies Act 2006 except that the figure of "50%" shall be substituted for each reference to "a majority" in such sections; and “Related Parties” shall be construed accordingly;|
|“Software”||the software to be Used by You for the purpose of playing casino, poker and/or bingo games in the Online Gaming System, including the related documentation and including any enhancements, modifications, additions, translations or updates to such software;|
|“Software Provider”||Playtech Software Limited, (registered number 1030187) whose registered office is at Trident Chambers, Road Town, Tortola, British Virgin Islands, with its head office at 2nd Floor, St George's Court, Upper Church Street, Douglas, Isle of Man IM1 1EE;|
|“You”/”Your”/”Yourself”||the user of the Software downloaded from the Website;|
|“Us”/”We”/”Ourselves”1||means WHG (International) Limited, a company registered in Gibraltar with registered company number 99191 and whose registered office is at 57/63 Line Wall Road, Gibraltar;|
|“Use”||(a) in relation to any software, load, install, execute, run, store, transmit, display and copy (for the purposes of loading, installation, execution, running, storage, transmission and display); and (b) in relation to any documentation, utilise and copy the documentation (in so far as is reasonably necessary for the purpose of using the Software under the terms of this EULA); and “Using” shall be construed accordingly; and|
1. LICENCE TO USE SOFTWARE
1.1. Subject to clause 3 below, We hereby grant to You a limited, personal, non-exclusive, non-transferable right to Use the Software on Your computer, for the sole purpose of participating in the Online Gaming System including playing poker games in the Poker Room and bingo games in the Bingo Hall, in accordance with the provisions of this EULA.
1.2. The licence in clause 1.1 above applies only to the object code of the Software (i.e. the compiled, assembled, or machine executable version of the Software, or any part of the Software) and does not grant You any rights whatsoever with respect to the source code of the Software (i.e the human readable form of the Software).
1.3. In addition, the licence in clause 1.1 above does not apply to certain excluded territories, identified by Us from time to time; currently, this licence does not apply to Use of the Software in Israel, Estonia, Cyprus, Bulgaria, Hong Kong, the United States of America (and its territories) and, solely in respect of any live casino games whilst being provided in the Philippines, the Philippines. IT IS YOUR DUTY TO CONSULT AND CHECK REGULARLY OUR WEBSITE REGARDING THE LIST OF THE EXCLUDED TERRITORIES.
1.4. We reserve any and all rights to Ourselves which not expressly granted to You in clauses 1.1 and 1.2 above. In addition, except as specifically stated in clauses 1.1 and 1.2 above, You are not permitted to, and You agree not to permit or assist others to:
1.4.1. install or load the Software onto a server or other networked device or take other steps to make the Software available via any form of “bulletin board”, online service or remote dial-in, or network to any other person;
1.4.2. sub-license, assign, rent, lease, loan, transfer or copy (except as expressly provided elsewhere in this EULA), Your licence to use the Software or make or distribute copies of the Software;
1.4.3. remove any copyright, proprietary or similar notices from the Software (or any copies of it);
1.4.4. operate the Software or any part of it for the benefit of or on behalf of any third party, including by way of application service provider services, internet service provider services, timesharing arrangements, outsourcing services or bureau services;
1.4.5. 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;
1.4.6. (except to the extent permitted by law) decode, reverse engineer, decompile, disassemble or otherwise translate or convert the Software or any part of the Software; or
1.4.7. enter, access or attempt to enter or access or otherwise bypass Our security systems or interfere in any way (including but not limited to, robots and similar devices) with the Poker Room, the Bingo Hall or all or any part of the Website or attempt to make any changes to the Software and/or any features or components of the Software.
1.5. 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 Software Provider (or its licensors), even if developed based on ideas, suggestions or proposals by You or any other third party. You irrevocably assign to the Software Provider all right, title, and interest You may have or may acquire in and to all such rights, including, without limitation, patent, copyright, trade mark, trade secret or know how, and You agree to sign and deliver to the Software Provider such documents as the Software Provider considers are required to evidence or effect the assignment of all of the aforesaid rights to the Software Provider.
1.6. THE SOFTWARE IS MADE AVAILABLE TO YOU UNDER THIS EULA ON AN “AS IS” BASIS, WITHOUT ANY UNDERTAKINGS, WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE (TO THE EXTENT SUCH EXCLUSIONS ARE PERMISSIBLE BY LAW).
1.7. WE AND THE SOFTWARE PROVIDER, AND ALL OF OUR AND/OR THE SOFTWARE PROVIDER’S RELATED PARTIES, HEREBY EXCLUDE AND DISCLAIM (TO THE EXTENT SUCH EXCLUSION IS PERMISSIBLE BY LAW) ANY AND ALL IMPLIED TERMS, CONDITIONS AND WARRANTIES (INCLUDING ANY WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR ANY PARTICULAR PURPOSE), AND, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER WE NOR THE SOFTWARE PROVIDER (OR OUR RESPECTIVE RELATED PARTIES) WARRANT, WITHOUT LIMITATION, THAT (A) THE SOFTWARE WILL NOT INFRINGE ANY THIRD PARTY’S IP RIGHTS, OR THAT (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; OR THAT (C) THE SOFTWARE IS OF SATISFACTORY QUALITY OR FIT FOR ANY PARTICULAR PURPOSE; OR (D) THAT USE BY YOU OF THE SOFTWARE WITH ANY HARDWARE OR OTHER SOFTWARE (OTHER THAN HARDWARE AND/OR OTHER SOFTWARE NOTIFIED AS BEING COMPATIBLE WITH THE SOFTWARE, SUCH INFORMATION BEING AVAILABLE WITH THE SOFTWARE DOWNLOAD AND/OR ON THE WEBSITE AND/OR ON THE SOFTWARE PROVIDER’S WEBSITE) WILL NOT CAUSE ANY DISTURBANCE TO THE SOFTWARE, TO SUCH HARDWARE OR TO SUCH OTHER SOFTWARE.
1.8. IN THE EVENT OF COMMUNICATIONS OR SYSTEM ERRORS OCCURRING IN CONNECTION WITH THE SOFTWARE, NEITHER WE NOR THE SOFTWARE PROVIDER NOR OUR AND/OR THE SOFTWARE PROVIDER’S 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.
1.9. NEITHER WE NOR OUR 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 SOFTWARE PROVIDER OR ANY THIRD PARTY FOR THE RETURN OF SUCH PAYMENTS OR OTHERWISE IN CONNECTION WITH SUCH PAYMENTS.
1.10. 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, indirect, consequential, incidental or special damage or loss of any kind (except in respect of 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 Software Provider. 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 Gaming System. You further agree to take all reasonable steps at all times to protect and keep confidential such confidential information.
3. YOUR DUTY TO EXAMINE LEGALITY OF USE
3.1. It is a condition of the grant of the licence to Use the Software in this EULA that You are of sufficient age to legally Use the Software and participate in gambling activities in the country where You will be Using the Software. 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 live. You also confirm that You are aware of, and will keep Yourself appropriately up to date in relation to all relevant, legal issues relating to Your Use of the Software, and that You understand that We and the Software Provider 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.
3.2. Given the changes in the legal requirements in various jurisdictions, You undertake to examine the legality of Your participation in the Online Gaming System 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, and You accept sole responsibility for determining whether Your Use of the Software is legal in the jurisdiction relevant to You and/or Your Use of the Software.
4. NO CLAIMS AND LIMITATION OF LIABILITY
4.1. You understand and agree that (a) Your commitments under the Software related parts of this EULA are also for the benefit of the Software Provider, and its Related Parties (and can therefore be enforced by them too), and (b) the Software Provider and its Related Parties are not parties to this EULA 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.
4.2. You are free to choose whether to download and Use the Software. If You do so, You acknowledge that You do so with the full understanding, and acceptance, of the terms of this EULA, including the provisions of this clause 4, and at Your own risk. IN NO EVENT SHALL WE, THE SOFTWARE PROVIDER, OR ANY OF OUR AND/OR ITS RELATED PARTIES, IN AGGREGATE:
18.104.22.168. 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
22.214.171.124. BE LIABLE TO YOU WITH RESPECT TO ANY AND ALL CLAIMS AT ANY AND ALL TIMES ARISING FROM OR RELATING TO THIS EULA, HOWSOEVER ARISING UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, FOR DAMAGES EXCEEDING EURO 1,000 (ONE THOUSAND EUROS),PROVIDED ALWAYS that nothing in this clause 4.2 shall exclude any liability to You which may arise from negligence causing death or personal injury; or from fraud or fraudulent misrepresentation.
5. SHARED POKER ROOM NETWORK
5.1. We currently participate in a shared poker room network which enables You to play poker together with other players from other poker room websites all joining the same game or the table or the tournament through a shared poker room platform managed by a third party provider of poker network services.
5.2. You therefore agree that once You join a shared poker room You will accept and comply with the rules and the terms and conditions that apply on the shared poker room including any of its games, tables, tournaments.
5.3. You acknowledge and agree that We and/or the operator of the shared poker network, at the sole discretion of either or both of us, reserve the right to terminate Your game or block Your Player Account as well as prevent You from accessing the shared poker network, either from the Website or from any other websites thereafter, in the event that You violate any of the game rules or any of the terms and conditions set out in this EULA.
5.4. You further acknowledge and accept that We and/or the operator of the shared poker network, reserve the right, at the sole discretion of either or both of us, to collect, process and record in our respective databases any information in connection with Your game patterns, personal data, depositing of funds and any other related information and inquiries that may help prevent any fraud, collusion or other improper behaviour.
6.1. Collusion means a situation where two or more players attempt to earn an unfair advantage by sharing knowledge of their cards or other information at a poker table. Any player who attempts to or colludes with any other player while using the Poker Room will be prohibited from ever using the Poker Room or the Website or the Software or any of Our other related services and their Player Account will be terminated effective immediately. We will do Our best to investigate complaints received against players suspected of collusion. If We or Our Related Parties suspect collusive behaviour during a game, We or Our Related Parties may, in our sole discretion, terminate the suspected players' access to the Poker Room and/or block their Player Accounts. Neither We nor Our Related Parties will be liable under any circumstances whatsoever for any loss You or any other player may suffer or incur as a result of the collusive or otherwise unlawful activity and neither We nor Our Related Parties will be further obliged to take any other actions in the event of any suspected of collusion or other unlawful activity.
7. YOUR WARRANTIES AND REPRESENTATIONS
You warrant and represent to Us that:
7.1. You are not a resident of any of the excluded territories referred to in clause 1.3 above;
7.2. You have examined the legality of Your participation on the Online Gaming System and Use of the Software in each jurisdiction that is applicable to You, and have found the same to be legal is such jurisdictions under all applicable laws and orders of any competent authority.
7.3. 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 Online Gaming System;
8. TERM AND TERMINATION
8.1. Upon any termination of this EULA, You agree and acknowledge that (i) Your rights to Use the Software shall immediately terminate, (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
9. GENERAL PROVISIONS
9.1. Governing Law. The construction, validity and performance of this EULA will be governed by the laws of England (except to the extent that local law applies to Your Use).
9.2. No assignment by You. You are not allowed to assign this EULA or any rights or obligations under this EULA to any other person or entity.
9.3. Priority. In the event of any conflict between the terms and conditions in this EULA and any other agreement or document referred to in this EULA or used in connection with the Software, the terms of this EULA shall prevail