14.1. You are solely responsible for the supply and maintenance of all of Your Access Devices and related equipment, networks and internet access services that You need to use in order to access the Services. We will not be liable in any way whatsoever for any losses caused to You (whether resulting from loss of service, poor internet connectivity, insufficient bandwidth or otherwise) by the internet or any telecommunications service provider that You have engaged in order to access the Services. For the avoidance of doubt, the Operator does not make any representation or give any warranty as to the compatibility of the Services with any particular third party software or hardware, including (for the avoidance of doubt) third party analysis which promise certain results from any of the Services.
14.2. Under no circumstances should You use the Services 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 offense. 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 attempt to pass Yourself off as being any other person, or behave in such a manner towards any Operator staff used to provide the Services, Customer Services, or any helpdesk or support function which we make available to You.
14.3. 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.
14.4. Any material (other than Software under paragraph 17) downloaded by You from the Website shall be downloaded entirely at Your own risk and the Operator shall not be liable in respect of any loss of data or other damage caused by any such download.
14.5. Where we have reason to believe that Your use of the Services is in breach of any of paragraphs 14.2, 14.3, 14.4 we shall, without prejudice to any of our other rights, be entitled forthwith to remove from the Website any offending content.
16.1. We may, in our absolute discretion, alter or amend any product or service (including any prices offered) available through the Website at any time for the purpose of ensuring the ongoing provision of the Website, but without prejudice to any games and/or stakes already in progress at the time of such amendment. 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 games and/or products available through the Website.
17.1. In order to use the products offered through the Services, You may be required to download and install software supplied by third parties on to Your Access Device (“Software”). Software may include, but is not limited to: Access Device applications, our download Casino products and any promotional, marketing and/or facility applications, products and software.
17.2. In such circumstances, You may be required to enter into a separate agreement with the owner or licensor of such Software in respect of Your use of the same (a “Third Party Software Agreement”). In case of any inconsistency between the Terms of Use and any Third Party Software Agreement, the Terms of Use will prevail in so far as the inconsistency relates to the relationship between You and the Operator.
17.3. It is Your responsibility to ensure that any Software is downloaded onto Your Access Device in a manner compatible with Your own Access Device’s specific set-up. For the avoidance of doubt, we shall not be liable to the extent that the incorrect downloading of any Software has an adverse effect on the operation of Your Access Device.
17.4. withstanding that the Services provided via any Access Device application shall be subject to the Terms of Use, the terms under which any application (“App”) is downloaded or installed onto Your Access Device shall be governed by the agreement entered into between You and the supplier of the relevant App but, in case of any inconsistency between the Terms of Use and any such agreement, the Terms of Use will prevail in so far as the inconsistency relates to the relationship between You and the Operator.
18.1. 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 stake or game logged on the Operator’s server immediately prior to the occurrence of the problem).
19.1. A number of circumstances may arise where a stake is accepted, or a payment is made, by us in error. A non-exhaustive list of such circumstances is as follows:
19.1.1. where we mis-state any odds or terms of gaming wager to You as a result of obvious error or omission in inputting the information or setting up a market, or as a result of a computer malfunction;
19.1.2. where we have made a ‘palpable error’. A palpable error occurs where:
19.1.2.1. in relation to stake placed prior to an event taking place, the prices/terms offered are materially different from those available in the general market; or
19.1.2.2. in relation to any event, the price/terms offered at the time the stake is placed are clearly incorrect given the probability of the event occurring;
19.1.3. where we have continued to accept stake on a market which should have been suspended, including where the relevant event is in progress (except where ‘in- running’ stakes are accepted) or had already finished (sometimes referred to as ‘late stakes’);
19.1.4. where an error has been made as a result of a Prohibited Practice;
19.1.5. where we should not have accepted, or have the right to cancel or re-settle, a stake pursuant to the Gambling Rules (for example due to ‘Related Contingencies’);
19.1.6. where an error is made by us as to the amount of winnings/returns that are paid to You, including as a result of a manual or computer input error; or
19.1.7. where an error has been made by us as to the amount of free bonuses that are credited to Your Account, such circumstances being referred to as an “Error”
19.2. We reserve the right to:
19.2.1. correct any Error made on a stake placed and re-settle the same at the correct price or terms which were available or should have been available through the Operator (absent the publishing error) at the time that the stake was placed and the stake will be deemed to have taken place on the terms which were usual for that stake; or
19.2.2. where it is not reasonably practicable to correct and re-settle under 19.2.1 above, to declare the bet void and return Your stake into Your Account; or
19.2.3. in circumstances where the Error has resulted from a Prohibited Practice, to take the steps set out in there Terms of Use.
19.3. Any funds which are credited to Your Account, or paid to You as a result of an Error shall be deemed to be held by You in trust for us and shall be immediately repaid to us when a demand for payment is made by us to You. Where such circumstances exist, if You have funds in Your Account we may reclaim these funds from Your Account pursuant Terms of Use. We agree that we shall use all reasonable endeavors to detect any Errors and inform You of them as soon as reasonably practicable.
19.4. 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 an error by You.
19.5. You shall inform us as soon as reasonably practicable should You become aware of any Error.
19.6. Where You have used funds which have been credited to Your Account or awarded to You as a result of an Error to place subsequent stakes or play games, we may cancel such stakes and/or withhold any winnings which You may have won with such funds, and if we have paid out on any such gaming activities, such amounts shall be deemed to be held by You on trust for us and You shall immediately repay to us any such amounts when a demand for repayment is made by us to You.
20.1. Your access to and use of the Services is at Your sole option, discretion and risk. We shall not be liable for any attempts by You to use the Services by methods, means or ways not intended by us.
20.2. We will provide the Services with reasonable skill and care and substantially as described in the Terms of Use. We do not make any other promises or warranties regarding the Services, or any products or services forming a part of the Services, and hereby exclude (to the extent permitted by law) all implied warranties in respect of the same (including implied warranties as to satisfactory quality and/or fitness for Your purpose). In particular, we do not warrant that the Website will have uninterrupted availability or that it will be free of bugs, viruses or other errors.
20.3. WE (INCLUDING OUR GROUP COMPANIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES) SHALL NOT BE LIABLE TO YOU, WHETHER SUCH LIABILITY ARISES IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, IN RESPECT OF ANY:
20.3.1. LOSS OF DATA;
20.3.2. LOSS OF PROFITS;
20.3.3. LOSS OF REVENUE;
20.3.4. LOSS OF BUSINESS OPPORTUNITY;
20.3.5. LOSS OF OR DAMAGE TO GOODWILL OR REPUTATION;
20.3.6. BUSINESS INTERRUPTION; OR
20.3.7. ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGE, EVEN WHERE SUCH LOSS OR DAMAGE HAS BEEN NOTIFIED TO US AS BEING POSSIBLE, ARISING OUT OF THE TERMS OF USE OR ANY USE WHATSOEVER BY YOU OF THE SERVICES.
21.1. You will fully indemnify, defend and hold us and our officers, directors, employees, agents, contractors and suppliers harmless from and against any and all losses, costs, expenses, claims, demands, liabilities and damages (including legal fees), however caused, that may arise, whether or not reasonably foreseeable, as a result of or in connection with:
21.1.1. the access to and use of the Services by You or by anyone else using Your username and password; and/or
21.1.2. any breach by You of any of the terms and provisions of the Terms of Use.
21.2. Where You are in breach of the Terms of Use, we may at our sole discretion, prior to any suspension or termination of Your Account, notify You (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, provided always that such notification shall not be a precondition to any suspension or termination of Your Account.
21.3. We have the right to disable any user identification code or password, whether chosen by You or allocated by us, at any time, if in our reasonable opinion You have failed to comply with any of the provisions of the Terms of Use.
21.4. In addition to any other remedy available, if You breach any of the Terms of Use we shall be entitled to recover from Your Account any positive balance to the extent of any amount reasonably claimed against You pursuant to paragraph 20.1.
22.1. All website design, text, graphics, music, sound, photographs, video, the selection and arrangement thereof, software compilations, underlying source code, software and all other material forming part of the Services are subject to copyright and other proprietary rights which are either owned by us or used under license from third party rights owners. To the extent that any material within the Services may be downloaded or printed then such material may be downloaded to a single device only (and hard copies may be printed) solely for Your own personal, non-commercial use.
22.2. Under no circumstances shall the use of the Services grant to You any interest in any intellectual property rights (for example copyright, know-how or trade marks) owned by us or by any third party whatsoever, other than a personal, non-exclusive, non-sub-licensable license to use such intellectual property rights in connection with Your personal, non- commercial use of the Services pursuant to the Terms of Use.
22.3. No rights whatsoever are granted to use or reproduce any trademarks or logos which appear on the Website except as specifically permitted in accordance with the Terms of Use.
22.4. You must not, nor must You allow any other person to copy, store, publish, rent, license, sell, distribute, alter, add to, delete, remove or tamper with the Website or any part of it in any way or directly or indirectly disrupt or interfere (or attempt to disrupt or interfere) with or alter the Website, other than in the course of viewing or using the Website in accordance with the Terms of Use.
22.5. All intellectual property rights in the name Operator, the logos, designs, trade marks and other distinctive brand features of the Operator and any content provided by the Operator or any third party for inclusion on the Website vest in the Operator or the applicable third party. You agree not to display or use such logos, designs, trademarks and other distinctive brand features in any manner without our prior written consent.
23.1. You shall not:
23.1.1. corrupt the Website;
23.1.2. attempt to gain unauthorized access to the Website, the servers on which the Website is stored or any server, computer or database connected to the Website;
23.1.3. flood the Website with information, multiple submissions or “spam”;
23.1.4. knowingly or negligently use any features which may affect the function of the Website in any way for example (but not limited to) releasing or propagating viruses, worms, trojans, logic bombs or similar material that is malicious or harmful;
23.1.5. interfere or tamper with, remove or otherwise alter in any way, any information in any form which is included on the Website;
23.1.6. attack the Website via a denial-of-service attack or a distributed denial-of-service attack. We will report any suspected breach to the relevant law enforcement authorities and we will cooperate 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.
23.2. 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 Access Device and related 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.
23.3. Website is free from malicious software.
24.1. All information on Your Account held by us is securely data warehoused and remains confidential except where otherwise stated in the Terms of Use (including, for the avoidance of doubt, the Privacy Policy).
24.2. We are required by law to comply with data protection requirements in the way in which we use any personal information collected from You in Your use of the Services. We therefore take very seriously our obligations in relation to the way in which we use Your personal information.
24.3. Prior to Your use of and when You use the Services 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“).
24.4. By providing us with Your Personal Information, You consent to our processing Your Personal Information, including any of the same which is particularly sensitive:
24.4.1. for the purposes set out in the Terms of Use (including the Privacy Policy); and
24.4.2. for other purposes where we need to process Your Personal Information for the purposes of operating the Services, including by sharing it with our service providers, employees 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 in order to comply with a legal or regulatory obligation.
24.5. We may 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.
25.1. The Website may use ‘cookies’ to track Your use of the internet and to assist the functionality of the Website. A cookie is a small file of text which is downloaded onto Your Access Device when You access the Website and it allows us to recognise when You come back to the Website. We use or shall use cookies for the operation of the Website, including (for example) to allow You to remain logged in as You browse between, and use Your Account to play games on, different parts of the Website. We also use cookies for our own analytical purposes so that we can identify where customers have encountered technical problems on the Website, and therefore help us improve our customers’ experience.
25.2. If You object to cookies or want to delete any cookies that are already stored on Your Access Device, we recommend that You follow the instructions for deleting existing cookies and disabling future cookies on Your file management and internet browsing software. Further information on deleting or controlling cookies is available within our Privacy Policy. 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.
26.1. No claim or dispute with regard to:
26.1.1. the acceptance or settlement of a stake which You have made using the Services will be considered more than thirty days after the date of the original transaction; and
26.1.2. a game which You have played using the Services will be considered more than twelve weeks after the date on which the relevant transaction or game play took place.
26.2. Should You wish to make a complaint regarding the Services, as a first step You should, as soon as reasonably practicable, contact Customer Support Your complaint, which will be escalated as necessary within our Support team until resolution.
26.3. You acknowledge that our random number generator will determine the outcome of the games played through the Services 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 used by the Operator, 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.
26.4. 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 email is sent or after we have communicated with You directly by telephone (including where we leave You a voicemail), or three 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; 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 email was sent.
26.5. If there is no reaction to your complaint or notice from us or in your opinion the issue is not yet resolved, you can file a complaint or notice to the licensing and supervision organization.
27.1. We reserve the right to transfer, assign, sublicense or pledge the Terms of Use (an “assignment”), in whole or in part, to any person without notice to You, provided that any such assignment will be on the same terms or terms that are no less advantageous to You.
27.2. You may not assign, sublicense or otherwise transfer in any manner whatsoever any of Your rights or obligations under the Terms of Use.