Website Terms and Conditions
*Terms and Conditions last updated on 23rd May 2024 (version 6.4)
English
Terms & Conditions
always take priority
References to ‘you’, ‘your’, ‘user’ or ‘player’ means
any person residing in
Great Britain who uses our software and/or the Website. Unless otherwise stated,
‘we’ ‘us’ or ‘our’
refers collectively to White Hat Gaming Limited and its subsidiaries, affiliates,
directors, officers,
employees, agents and contractors from time to time.
1. Introduction
1.1
By using any section of our Website or by opening an account
you agree that you
have understood and accepted and shall be bound by:
• these UK Website Terms and Conditions (Website Terms);
• the rules of each game
which you are
playing- these are available within each game; and
•any promotional terms and
conditions and or rules
with regards to promotions, bonuses and special offers which may apply from time to
time (including
those set out here - Standard Promotion Terms);
Together referred to as theTerms of Use.
If there is any
conflict between these,
then the order of precedence is as set out above.Please note that these
terms apply to
players in Great Britain only.
1.2
The Terms of Use shall also apply to all gaming via mobile
and tablet devices
including downloadable applications to a mobile device (as if references to your use
of the Website were
references to your use of mobile devices betting facilities).
1.3
You acknowledge that there is a risk of losing money when
gambling through the
Website and you are fully responsible for any such loss. We encourage safe and
responsible gambling at
all times.
2. Licensing
Gambling activity, in Great Britain, carried out via this Website by White Hat Gaming
Limited, is
licensed and regulated by the United Kingdom Gambling Commission (UKGC), with
licence number
52894.
Notwithstanding the foregoing, we reserve the right to use our group
company White Hat
(Holdings) Limited, a company incorporated in Gibraltar, having registration number
109784 with
registered office at 2/3b Horse Barrack Lane, Gibraltar, that may handle some
business activities
including marketing services, systems development, certain payment processing
channels and customer
services on behalf of White Hat Gaming Limited.
3. Changing the terms of use
We reserve the right to make minor changes to the Terms of Use at any time. However, if any changes are deemed “material”, we shall ensure that we will give you notice of such changes and you can decide whether to accept or reject before using the website. Should you choose to reject them, then you must ensure that you no longer use our Website.
4. Registering your account
4.1
By opening an account with us and/or by using the Website you
acknowledge, agree
and warrant that you:
• are at least 18 years of age and above the legal age for gambling in the
jurisdiction you are a
resident;
• are legally capable of entering into binding contracts;
• have
supplied all
information when registering with the Website that is accurate and complete and will
ensure that such
information is kept updated throughout your use of the Website;
• are resident at
the address you
provide us and are a resident in a territory that permits gambling to occur;
•
are resident in Great
Britain;
• have not excluded yourself from gambling on any sites on our
network;
• have a valid
bank account or debit card issued in your name or alternative payment method;
•
you are the
legitimate owner of the money you deposit and any money that you deposit into your
account is not
tainted with any illegality and does not originate from any illegal activity or
source;
• have no
existing accounts registered by you on this Website;
• you are not playing or
acting on behalf of
somebody else or using a payment method which is not your own;
• participation on
the Website is for
fun and not for financial dependency (or similar) reasons; and
• will comply with
the Terms of Use at
all times in relation to your use of the Website.
4.2
In the event of any of the warranties outlined in clause 4.1
(Registering Your
Account) being false, your stake will be forfeited, and we shall not be obliged to
pay any winnings. We
may also report the matter to the police, parents (in relation to underage gambling)
and the appropriate
regulatory authority.
4.3
Acceptance of an account
application is within our
discretion.
4.4
Employees of the entities outlined in
clause 2.1 (Parties and
Licensing), its licensees, distributors, subsidiaries, advertising, promotion or
other agencies, media
partners, retailers and members of the immediate families of each are not eligible
to open an account
and/or participate on our Website.
4.5
You must ensure
that your account
details are kept private as you are responsible for all wagers placed on your
account. We are not liable
for any wagers placed (and/or damages and/or losses that arise therefrom) by
somebody other than
yourself on your
account.
4.6
By
registering for an account, you agree that we can contact you through any and all
means of communication
specifically in respect to matters relating strictly to your account. This does not
include marketing,
where you will be asked to opt-in to certain communications, via certain methods,
during the account
registration process.
5. Verification checks
5.1
You agree that we can perform certain verification
checks("Verification
Checks")as described in further detail in this clause. We reserve the
right to close,
suspend or terminate your account if there is any issue with the Verification
Checks. Please also note
withdrawals may be limited or suspended whilst Verification Checks are ongoing.
Verification Checks are
not solely related to the account registration and opening process, and such checks
may be required
throughout the duration of the relationship between us and
you.
5.2
EMAIL VERIFICATION: You
may be asked to
verify your email via an activation link or other proof that the email account
belongs to you. If this
step is not completed, the account may be suspended, and any winnings voided until
the account details
have been verified. Your initial cash deposit will be
refunded.
5.3
AGE
VERIFICATION:Electronic age
verification checks are carried out and we may make use of third party agencies to
confirm your age. We
may require and request further information directly from you. If, upon completion
of Verification
Checks (or subsequently) you are ultimately proven to be underage: (i) your account
will be closed; (ii)
any winnings obtained while using the Website will be retained by us; and (iii) all
funds deposited by
you will be returned by a method determined by
us.
5.4
ADDITIONAL
VERIFICATION CHECKS: We may make use of third party agencies to
confirm your age,
identity, address, payment details and methods or any other information that you
provide to us. This is
to satisfy our licence obligations, routine security checks and to safeguard the
integrity of your
account This process will involve checking the disclosed details against certain
(public or private)
databases. By entering into this process, you agree that we may use, record and
disclose such personal
information and this data may be recorded by us or them. The third parties that we
use is fully aware of
its obligations under the Data Protection Act and will always act in accordance with
its provisions and
our instructions.
If, upon completion of Verification Checks, we are unable
to verify your
details or you are unable and/or unwilling to provide other information required to
complete any
verification, we will within a reasonable time: (i) close your account; and (ii)
reserve the right to
return any residual balance, up to the value of your initial deposits (as might be
appropriate,
dependent on the circumstances).
5.5
AML
VERIFICATION: In addition to
the above and as part of our compliance with EU anti-money laundering directives, we
may at any time
(including, but not limited to, certain stages of your account registration) ask you
to not only verify
your identity and address but also request proof of ownership for any payment
methods used to deposit or
withdraw funds (including the source of your funds and/or wealth).
It is
unlawful to deposit, or
attempt to deposit, funds obtained from criminal, illegal or fraudulent activities
into your account. We
are required to monitor any unusual or suspicious transactions of any size and
report suspicious
transactions and fraudulent activity to the appropriate regulator, and we may report
such activity to
the police or relevant authorities. Please note that if you decide not to answer any
requests for
information then it may lead us to have to make the unfortunate decision to close
your account.
5.6
USE
OF THIRD PARTY
PAYMENT METHODS: In the event that we detect that you have used
a payment method to
fund your account that is not in your account name, we may immediately suspend the
payment method and
may request further information from you in order to satisfy our Social
Responsibility and AML
obligations.
On occasion, such further checks may require your account to be
suspended, and the
owner of the third party whose payment method to be contacted by us in order to
satisfy our Verification
Checks and Social Responsibility checks. This could include but is not limited to,
source of funds
and/or wealth checks.
6. Use of our website
6.1
Access to our Website is permitted on a temporary “as is”
basis. If the need
arises, we may suspend access to parts of our Website or the entire Website for
maintenance
purposes.
6.2
We may change the content (including gaming
products) of our
Website at any time (provided such changes do not affect games already in
progress).
6.3
You shall use the Website for your own
personal, domestic and
noncommercial use 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.
6.4
You must not
misuse the Website
by knowingly 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.
7. Account funds, deposits and withdrawals
7.1 Account Funds:
For players in Great Britain we are required
by our United Kingdom
Gambling Commission licence to inform customers about what happens to funds which we
hold on account for
you in the event of
insolvency:http://www.gamblingcommission.gov.uk/Consumers/Protection-of-customer-funds.aspx
We
hold customer funds for all customers (irrespective of location) separate from
company funds in a
separate bank account which is used for customer funds only. These funds are not
protected in the event
of insolvency. This meets the United Kingdom Gambling Commission’s requirements for
the segregation of
customer funds to the "not protected" level. You can read more about the United
Kingdom Gambling
Commission's rating system and what it means in relation to the protection of your
funds.
7.2 Deposits:
• Deposits to the player account are
made by transfer of
money to the account by way of the payment methods stated on the Website. We might
change the forms of
payment that we accept from time to time.
• You may only use payment methods
registered in your own
name to make deposits.
• We may limit your deposits on any single day.
• We
further reserve the
right to accept certain methods of payment only subject to the fulfilment of certain
conditions.
• By
depositing money, you agree not to make any charge-backs, reversals or otherwise
cancel any deposits
into your account, and agree to refund and compensate us for unpaid deposits.
•
We accept no
responsibility for any currency exchange conversions, charges or fees levied by your
card issuer, bank
or financial institution.
• Please be advised that our products are consumed
instantly when playing
or wagering. Thus, we cannot provide returns of goods, refunds or cancellation of
your service when
playing or wagering. If you play a game or service with real money, the money will
be drawn from your
player account instantly.
• Your account should not be used as a banking
facility/account and
deposits should only be made with a view to using funds to place wagers. Your
account is not insured,
guaranteed, sponsored or otherwise by any banking insurance system nor shall it earn
any interest.
Should you make repeated deposits and withdrawals without commensurate wagers being
placed, we reserve
the right to close your
account
7.3 Withdrawals:
•
No withdrawal
will be processed and funds cannot be withdrawn from your account until: (i)
Verification Checks have
been satisfactorily completed; (ii) payments have been confirmed; and (iii) you have
complied with any
other withdrawal conditions, specific rules and promotional terms relating to your
use of the Website
and/or affecting your account (for example, any applicable bonus terms). Please note
that Verification
Checks include checks on your identity, age and place of residence.
• Should you
wish to withdraw
some or all of your balance you may select how much you wish to have paid back.
•
All withdrawals
will be paid back to the same payment method used to make a deposit on the
account.
• The minimum
withdrawal is £20. Should you have a balance less than the minimum withdrawal amount
you may still
withdraw the full balance by contacting Customer Support.
• All transactions
shall be checked in
order to prevent money laundering. We shall report any suspicious transactions to
the relevant competent
authorities in the UK and/or the country you are based in. If you become aware of
any suspicious
activity relating to any of the games or anything relating to the Website, you must
report this to us
immediately. We may suspend, block or close an account and withhold funds if
requested to do so in
accordance with applicable law.
• Enhanced due diligence may be done in respect
of withdrawals of
funds not used for wagering.
8. Payments of winnings
8.1We do not offer any form of credit at any time.
8.2
If we
mistakenly credit
your account with winnings that do not belong to you, whether due to a technical
error, error in the
pay-tables, or human error or otherwise, the amount will remain property of us and
the amount will be
deducted from your account. If you have withdrawn funds that do not belong to you
prior to us becoming
aware of the error, the mistakenly paid amount will (without prejudice to other
remedies and actions
that may be available at law) constitute a debt owed by you to us. In the event of
an incorrect
crediting, you are obliged to notify us immediately by email.
9. Currencies and currency arbitrage
Players must register and play in British Pounds (GBP). Players are strictly prohibited from utilising the Website and its systems to facilitate arbitrage through Currency Exchange transactions. Where we deem in our sole discretion that a player has deliberately used the aforementioned systems for financial gain through arbitrage, any gains will be forfeited and deducted from the player’s balance without warning or notification.
10. Jackpot wins
Jackpot wins: We may choose to make available to you pooled Progressive Jackpots. All
Progressive Jackpot
winnings will be subject to our written confirmation.
Progressive Jackpot
Accuracy: Should you
win the pooled progressive jackpot with this Website; an automated pop up will
notify you that you have
won the jackpot. The pooled jackpot amount may be in another currency and therefore
the actual final
amount payable to you may be smaller due to the foreign exchange rates between the
time of the win and
when the winnings are paid out. It should also be noted that any Jackpots in excess
of £250,000 may take
up to 30 days to be paid to the player. We use reasonable endeavours to ensure that
the Progressive
Jackpot value displayed in a game matches the value on the game server. However, it
is the Progressive
Jackpot value on the server that is used when the Progressive Jackpot is paid out. A
small discrepancy
may arise due to the delay between the initial Progressive Jackpot being displayed
to you and the
Progressive Jackpot that is actually won and paid out. Although unlikely, it is
theoretically possible
for the Progressive Jackpot to appear to be won by more than one player during the
delay period
mentioned above. If more than one player appears to win a Progressive Jackpot
simultaneously then the
player recorded on our servers and/or our game or service providers’ servers as
having won the
Progressive Jackpot first shall be the recipient and the subsequent players(s) shall
win the value of
the Progressive Jackpot when reset. In the extremely unlikely event of the server
recording a win truly
simultaneously, we may share the Progressive Jackpot equally between the winning
players.
11. Chat facility
We may provide you with a chat facility to enable you to communicate with our Customer Support Team. We may review and keep a record of all such content on our chat facility. We reserve the right to remove or amend this Chat Facility at our sole discretion.
12. Responsible gambling: player protection and controls
12.1
As part of our Responsible Gambling Policy we provide you
with the ability to
control and limit your spending, options to temporarily take a break from your
account (timeout) and an
option to self-exclude and close your account for a set period of time. To view our
Responsible Gambling
policy and for more details on how you can control your gambling please visit the
Responsible Gambling
link of the Website.
12.2
If you breach our Responsible
Gambling Policy, we
may suspend or close your account.
13. Closing your account
13.1
You may close your account at any time by contacting
Customer Support.
13.2
We reserve the right to close your account at any time for
any reason.
13.3
Where we terminate your account due to you breaching any of
the terms as set out
below, we shall void any winnings:
• If you have more than one active account (or
control more than
one active account);
• you are in breach or any of your warranties
• If you
have opened an account
having previously been banned from opening any further accounts within our
network;
• we are required
to do so pursuant to any legal and regulatory obligations.
• If you provide
incorrect or misleading
registration information;
• If you are not residing in the United Kingdom;
•
If you have allowed
or permitted (intentionally or unintentionally) someone else to play on your
account;
• If you have
"charged back" any of the deposits made on your account;
• If you are found
colluding, cheating,
money laundering or undertaking fraudulent activity as more specifically set
outin section 14
below;
• If it is determined by us that you have employed or made use of
a system (including
machines, computers, software or other automated systems) designed specifically to
defeat the
casino;
• The use of robotic, mechanical, electronic, or other devices to
automatically make playing
decisions in any game (without our explicit consent); or
• If it’s proven that
you have played at any
other online casino in bad faith or under any of the circumstances set out
above.
14. Promotional abuse and irregular play (promotional play restrictions)
14.1
We have a zero-tolerance policy
towards bonus abuse,
taking unfair advantage of us and/or other suspicious activity, and we reserve the
right to block and
remove bonuses and/or associated winnings from accounts that we suspect are involved
in such activities
or behaviours. Examples of such activities or behaviours are outlined in clause 14.3
below.
14.2
We reserve the right
to review
transaction records and logs at our discretion from time to time. You hereby consent
in advance to the
same. If, upon such a review, it appears that you are participating, or attempting
to participate, in
strategies that are (a) promotional abuse; and/or (b) irregular play; we reserve the
right to deny,
withhold, revoke or withdraw your entitlement to any promotion, winnings or bonus,
or terminate your
access to the website and/or block your account and any other accounts you may have
on our
network.
14.3
Examples of
promotional abuse and/or
irregular play (otherwise known as promotional play restrictions):
(i) Where
any term of the
offer or promotion is breached as per the terms of use including the standard
promotional terms and
conditions and/or any other applicable promotional terms and conditions.
ii)
There is any
evidence of a series of wagers placed by a customer or group of customers (e.g.
Where common wagering
patterns across the same have been identified across accounts to take advantage of
an offer), which due
to a promotional offer results in guaranteed customer profits irrespective of the
outcome, whether
individually or as part of a group, we reserve the right to confiscate or void the
winnings.
(iii) “Delayed winnings”, for example, while playing a game, a
"free spin" or "bonus"
feature is initiated with bonus or cash funds, then the player steps out of the
“free spin” or “bonus”
feature bonus by closing the game and moving to another game. The player then goes
back to the original
game to complete the “free spin” or “bonus” feature at a later time in circumstances
such as after the
bonus money has been forfeited, lost or wagering met and converted to
cash.
(iv) “State game
abuse” where the use of bonus or cash funds are used purely to progress through the
bonus stages (for
example, collecting 9 out of 10 coins to reach that bonus feature) and then final
stages (for example,
playing to collect the final coin to reach 10 out of 10 coins to reach the bonus
feature) completed with
cash bets when bonus funds have been forfeited, lost or wagering met and converted
to cash. These games
include, but are not limited to beautiful bones, big bang, boxo, castle builder i,
castle builder ii,
champion of the track, cook buck, crime scene, dallas, devils delight, dragons myth,
eggomatic, forsaken
kingdom, fruits gone wild, lucky angler, peek-a-boo, relic raiders, robin hood,
scrooge, stardust, the
lost riches of amazon, the wish master, tomb raider secret of the sword, tower
quest, untamed bengal
tiger, untamed crowned eagle, untamed giant panda, untamed wolf pack, valkyries of
odin & white
rabbit.
(v) “bets on table” leaving large bets on a table, for example in
blackjack, and then
returning at a later time in circumstances such as after the bonus money has been
forfeited, lost or
wagering met and converted to cash to complete the bet.
(vi) depositing and
withdrawing funds
shortly after, for example, deposit funds to receive free spins, and then wager your
deposit just over 1
time your deposit value, initiate a withdrawal and then initiate your free
spins.
(vii) whether
known or unknown to us, taking advantage of any software or system bug, loophole,
fault, error or
failure including, BUT NOT LIMITED TO, IN RESPECT TO ANY GAME.
15. Inactive Account
If you do not use your account to carry out any depositing of funds or betting
activity for a period of
12 consecutive months, such account shall be deemed to be inactive (Inactive
Account). Any Inactive
Account will be subject to the following:
If you have a positive balance in
your Inactive
Account, we will attempt to notify you using the details you provided during your
registration process
(or as later updated by you), and we will try to return the balance back to your
last payment method
used to deposit into your Account.
If your Account remains Inactive after a
minimum period of 30
days following our first attempt to notify you, a maintenance fee of £5 of real
money credit will be
deducted from the Inactive Account’s balance every month. If the Inactive Account’s
balance is less than
£5, the whole amount will be deducted.
We reserve the right to close any
Inactive Account whose
balance has been reduced to zero.
16. Complaints and disputes
16.1 Complaints & Disputes Procedure
Should you wish to make
a complaint about
our products, services, gambling transaction(s) or your account you can do so by
following the Internal
Complaints & Disputes Procedure (Procedure) detailed below.
Please note
that only complaints
raised following the below Procedure will be responded to and dealt with
accordingly. Any complaints or
issues raised via third party platforms (e.g. social media, chat rooms etc.) will
not be accepted and
you will be advised to follow our Procedure.
We will not tolerate any
aggressive, abusive,
threatening, defamatory or other offensive language or behaviour towards our members
of
staff.
The Procedure is as follows:
Stage 1:Contact
Customer
Support
Should you wish to make a complaint, you should first (as soon as
reasonably practicable)
contact our Customer Support Team via Live Chat or email and an advisor (the Support
Host) will
investigate the query and respond to it. To help us consider the issue, it’s
important that we
understand your concern, so we may ask you some questions about it - such as what
happened and when. The
Support Host will log the call/message and make notes on their
response.
Stage
2:Further review
Should your complaint not be resolved at this stage
or you are not
satisfied with the resolution, the matter may be referred to the Support Host’s Team
Leader, who will
review the matter and communicate their decision to you.
Stage
3:Escalation
If you remain dissatisfied, or if escalation to a Team
Leader is not
appropriate, the matter may be escalated to the Complaints Team, at which time your
enquiry will be
either recorded as a “complaint” (that being a non-gambling transaction complaint),
or, where the matter
relates to a wagering (betting) or gaming transaction(s), a “dispute”. Your case
will be assigned a Case
ID, and we request that this be quoted in any further correspondence.
We
consider our response in
Stage 3 to be the final stage of our Procedure and as such we will not enter into
further discussions
regarding the complaint once Stage 3 is completed and a resolution has been
provided.
Should it
be a dispute, information on your options to escalate to Alternative Dispute
Resolution
(ADR) provider will be provided to you at this final stage should
you remain
dissatisfied. We will deal with all non-gambling related complaints internally as
ADR providers only
adjudicate on disputes.
Response times:
Please note that
we aim to provide
you with a substantive response as soon as practically possible and seek to resolve
your complaint
within28 days; however, depending on the nature or complexity of
the complaint or
dispute it may take up to 8 weeks from the date of
receipt.
Confidentiality:
We will do our best to deal
with all complaints and
disputes confidentially and will at all times comply with the UK General Data
Protection Regulation and
the Data Protection Act 2018. Save for any regulatory body (such as the Gambling
Commission of Great
Britain) or a court of law, We ask that during the Procedure you agree not to reveal
the existence or
detail of any enquiry, complaint(s) or dispute(s) to any third party, which includes
discussions in chat
rooms or equivalent forums, and all details pursuant to the Procedure shall be
deemed to be confidential
information. In the event of unauthorised disclosure of confidential information,
the Procedure will be
put on hold. In circumstances of unauthorised disclosure we may lock or close your
account(s).
16.2 Complaints closure and disputes referral
The response of the
Complaints Team,
known as stage 3, represents the final stage of Procedure for all complaints. Please
note we will deal
with all non-gambling related complaints internally as ADR providers only adjudicate
on disputes – as
outlined below.
Should you remain dissatisfied in relation to a dispute, you
have the option to
escalate the matter externally via our ADR provider, eCOGRA.
There is no
charge to you for
referring your unresolved dispute to eCogra. eCogra are able to consider all
unresolved
disputes.
The form for the eCOGRA ADR service is available
here:https://ecogra.org/forms/adr-dispute-step-1
17. Compliance with laws
Any products accessed through the Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any wagers placed through the Website.
18. Information we collect about you
We process information about you in accordance with our Privacy Policy. We are entitled to share the information we hold on you which includes personal data and wagering history with the regulator and other bodies, including the police, in order to investigate fraud and money laundering and to comply with our regulatory duties
19. No warranty
19.1
We will endeavour to provide the Website using our
reasonable skill and care. We
make no further warranty or representation, whether express or implied, in relation
to the Website. All
implied warranties or conditions of satisfactory quality, fitness for purpose,
completeness or accuracy
are hereby excluded to the fullest extent permitted by law.
19.2
We make no warranty that the Website will meet your
requirements or will be
uninterrupted, timely, secure or error-free, that defects will be corrected, or that
the Website or the
server that makes it available are free of viruses or bugs or represents the full
functionality,
accuracy, reliability of the materials or as to results or the accuracy of any
information obtained by
you through the Website.
19.3
In the event of a discrepancy between the result or balance
showing on your
software and our server software, the result showing on the casino's server software
shall be the
official and governing result.
19.4
In rare circumstances the result or balance displayed within
a game may be
incorrect. In the event of a dispute, the result recorded on the game server will
stand as the correct
outcome.
20. Limitation of liability
20.1
You agree that your use of the
Website is at your sole
risk. Our maximum liability to you arising out of the Terms of Use, whether for
breach of contract, tort
(including negligence), or otherwise will be limited to:
• the amount of the
wager relevant to
the which the liability in question has arisen; and
• where monies paid by you
into your account have
been misplaced by us, the return of the same amount into your
account.
20.2
Neither party shall
be liable to the
other in contract, tort (including negligence), breach of statutory duty or
otherwise arising for:
business interruption (including downtime, server disruption, lagging, technical or
political
disturbance to game play), loss of profits (including loss of or failure to receive
anticipated
winnings), revenue, business, data, opportunity, business information or goodwill;
or indirect or
consequential loss, arising out of, or in relation to, these Terms of Use, even if
such losses are
foreseeable or if one party has been notified by the other of the possibility of
such
losses.
20.3
Nothing in the Terms
of Use shall
exclude or limit our liability for death or personal injury resulting from our
negligence or any
liability to the extent the same may not be excluded or limited as a matter of law.
21. IT failure
21.1
We cannot be held responsible for a
wager not being
placed or an offer not being matched, or you being disconnected from the Website,
including but not
limited to computer malfunctions, IT failure. and failure of telecommunications
services or internet
connections.
21.2
Where problems occur in the software or hardware used by us
to provide the
services we will take all reasonable steps to remedy the problem as soon as
reasonably practicable.
Where such problems 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 (which may include reinstating the balance on
Your Account to the
position existing following completion of the last wager or game logged on the
server immediately prior
to the occurrence of the problem).
21.3
In the event of a
Website system
malfunction we reserve the right to void all current wagers and return any
outstanding balance.
22. Links to our website
22.1
Where our Website contains links to
other websites and
resources provided by third parties, these links are provided for your information
only. We have no
control over the contents of these sites or resources, and accept no responsibility
for them or for any
loss or damage that may arise from your use of them or their use of any information
they may acquire
about you (including personal
data).
22.2
A link from
our Website does not constitute an endorsement by us of the use of that link, the
company or
organisation behind that link or the contents of the website reached using that
link.
23. Intellectual property rights
23.1
The Website and all content and
software made available
on it (including, but not limited to, the Games) (together the “Website Material”)
are our exclusive
property or are used under licence by us. We take breaches of our Intellectual
Property Rights seriously
and may take legal action in respect of any
infringements.
23.2
The names of
our products and
services (including, but not limited to, the names of our Games) are the trademarks
of us or our
licensors. The Website Material is protected by copyright laws and treaties around
the world. All rights
in and to the Website Material (including all Intellectual Property Rights) are
reserved.
23.3
These intellectual
property rights
include, without limitation, copyright, trademarks, the underlying software, the
design, graphics,
layout, look and feel and structure of our Website, database rights, design rights,
domain names and
rights to goodwill and/or to sue for passing off. You are permitted to use this
material and content
only as expressly authorised by
us.
23.4
The Website
Material is made available to you for use on a noncommercial entertainment basis
only. Any other use
(including, but not limited to, republication) of the Website Material is subject to
our prior written
approval.
23.5
Without limiting
the generality of the
foregoing, you may not sell, assign, license, distribute, copy, modify, publicly
perform or display,
transmit, publish, edit, adapt, create derivative works from, or otherwise make
unauthorised use of the
Website Material without our express prior written consent. Except as permitted by
applicable law you
must not decompile, re-engineer or disassemble the Website Material, nor attempt to
interfere with its
correct operation. You agree not to remove, obscure, or alter any copyright, patent,
trade mark, or
other proprietary rights notices affixed to Website Material. You agree not to use
any automatic or
manual device to monitor any of our web pages or any content
therein.
23.6
We will not be
liable to you for any
losses nor be liable to pay you any winnings if we have reasonable cause to believe
that you have
engaged in any activity prohibited by this clause.
24. Standard Contract Provisions
24.1
LANGUAGE:The Terms
of Use are written
in English, and any interpretation of them will be based on the English version. The
English version
will always prevail in the event that the Terms of Use or other related documents
are translated into
any other
language.
24.2
RIGHT OF
OFFSET:If you owe any money to us for any reason, we have the right to
take that into
account before making any payments to you or permitting you to withdraw any funds
from your
account.
24.3
RIGHTS OF
THIRD
PARTIES:These Terms and Conditions form an agreement between you and us
and are not
intended to give any rights to any third party. This does not affect our right to
transfer our rights
below.
24.4
TRANSFER OF
RIGHTS:We
may wish to transfer our rights or obligations under these Terms of Use to any other
company within the
Group or any other legal entity (including but not limited to if we restructure our
business or if there
is a sale of our business). You agree that we may do so provided that in the case of
a transfer, after
we notify you of the date on which we transfer our rights and obligations under
these Terms of Use, your
rights in connection with these Terms of Use will be against the new legal entity.
These of Use are
personal to you and you may not transfer your rights or obligations under these
Terms of Use to anyone
else.
24.5
WAIVER:No
failure or
delay by us in exercising any right under these Terms of Use shall operate as a
waiver of this right.
Similarly, any single or partial exercise of any right shall not preclude any
further exercise of any of
these rights or the exercise of any other
right.
24.6
ASSIGNMENT:You
may not
assign, transfer, charge or otherwise deal in your rights and/or obligations under
the Terms of Use
without our prior written
consent
24.7
SEVERABILITY:If
any of
the Terms of Use are determined by any competent authority to be invalid, unlawful
or unenforceable to
any extent, such term, condition or provision will to that extent be severed from
the remaining terms,
conditions and provisions which will continue to be valid to the fullest extent
permitted by law. 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, to our original
intent.
24.8
EVENTS
OUTSIDE OUR
CONTROL:If events occur which are outside our reasonable control then
we will not be liable
or responsible for any failure to perform, or delay in performance of, any of our
obligations under
these Terms of Use. If any such events should arise our obligations will be
suspended for the duration
of the applicable event. The time for performing these obligations will then be
extended by a period
commensurate to the duration of such event. We will use our reasonable endeavours to
resume normal
operations despite the occurrence of any such
event.
24.9
GOVERNING
LAW:These
Terms of Use shall be governed by and interpreted in accordance with the laws of
England and Wales and
you irrevocably submit to the exclusive jurisdiction of the courts of England and
Wales in relation to
any dispute (including claims for set off and counterclaims) in relation to the
Terms of
Use.
24.10
ENTIRE
AGREEMENT:The
Terms of Use and any document expressly referred to in them and any guidelines or
rules posted on our
website represent the entire agreement between us in relation to the subject matter
of the Terms of Use
and supersede any prior agreement, understanding or arrangement between us, whether
oral or in writing.
You agree that you shall have no remedy in respect of any misrepresentation which
has not become a term
of these Terms of Use save that your agreement shall not apply in respect of any
fraudulent or negligent
misrepresentation whether or not such term has become a term of the Terms of Use.