1. The Site is operated by ProgressPlay Ltd (the “Company“), with registered address at Vincenti Buildings, 28/19 (Suite1258) Strait Street, Valletta VLT1432, Malta. The Company operates online games in accordance with a Class 1 on 4 licence issued in Malta by Malta Gaming Authority licence number MGA/CL1/857/2012 issued on the 16th April 2013 & [number MGA/CL1/957/2014] issued on 19th April 2014 and is licensed and regulated by the UK Gambling Commission License Number: 000-039335-R-319313-001.
2. These terms and conditions (“Terms and Conditions“) govern your (“You“, “Your” or “Player“) use of the online and mobile gaming services provided to You by the Company (“Company’s Services“). These Terms and Conditions should be read carefully by You in their entirety prior to Your use of the Companyâ€™s Services or products. Please note that these Terms and Conditions constitute a legally binding agreement between You and the Company.
3.These Terms and Conditions incorporate the following components and by agreeing to these Terms and Conditions You confirm that You also accept and agree to these policies:
4. In these Terms and Conditions, the following words and phrases shall (unless the context otherwise requires) have the meanings set out beside them:
“Â£/$/â‚¬” – shall mean the currency with which You registered Your Account.
“Account” shall mean a personal account opened by an individual, solely for such individual to enable such individual to play the Games at the Site.
“Games” shall mean any of the games made available on the Site.
“Illegal Actions” shall mean illegal, unlawful, fraudulent, or other improper activities (including, but not limited to, (i) collusion between players, (ii) the use of devices and software such as robots, (iii) sale, transfer and/or acquiring Accounts from other Players, (iv) transfer of funds amongst Players’ Accounts), as well as breaking into the Site or attempting to do the same.
“Restricted Territories” shall mean the following countries: Belize, British Virgin Islands, Cyprus, Israel, Turkey, France, Spain, Bulgaria, Belgium, Denmark, Italy, Croatia,Finland, Germany, Greece, Hungary, Ireland, Luxembourg, Portugal, Slovenia, Lithuania, Romania and the United States of America and additional jurisdictions blocked by the Company at its sole discretion. This list may be amended by the Company, at its sole discretion, from time to time.
“Services” shall mean the Companyâ€™s Games and any other services and activities offered at the Site.
“Site” shall mean any website and/or mobile site and/or mobile application owned, operated or hosted by the Company.
“We“, “Our” or “Us” shall mean the Company, and/or any subsidiaries, affiliates, employees, directors, officers, agents, suppliers, consultants and contractors.
III. Subordination to the Terms and Conditions and the Binding Effect Thereof
5. By using the Site, registering at the Site, or by participating in one of the Services, You agree to be bound by and to act in accordance with the Terms and Conditions, as they may be updated from time to time, without any reservation.
6. The Company reserves its right to amend these Terms and Conditions at any time, in its absolute and exclusive discretion. You will be notified of any changes to the Terms and Conditions prior to the changes coming into effect. Failure to confirm such amendment will prevent You from continuing using the Services. If You do not wish to be bound by such amendment You must stop using the Site and Services. Should You wish to stop using the Site and Services following any change to the Terms and Conditions, You may withdraw all available funds and close Your Account in accordance with these Terms and Conditions.
7. These Terms and Conditions supersede all prior agreements between the parties in relation to its subjects matter and constitute the entire and whole agreement between You and the Company. You confirm that, in agreeing to accept these Terms and Conditions, You have not relied on any representation except for any express representation made by the Company in these Terms and Conditions.
IV. Who is Entitled to Participate
8. You may only use the Services if You comply with all of the following:
- You are at least eighteen (18) years old or of legal age as determined by the laws of the country where You live (whichever is higher); in this respect, the Company wishes to draw Your attention to the fact that underage gambling is an offence;
- You are the owner of a valid payment method (or authorized to use a valid payment method by the owner of that valid payment method); and
- You do not violate any law or regulation as a result of using the Services. In this context, You agree that if You reside or are present in any jurisdiction that prohibits using the Services offered at the Site (including without limitation any of the Restricted Territories) You shall not participate in the prohibited activity.
9. The Services are intended only for users who are not prohibited by the laws of any applicable jurisdiction from gambling on the internet and/or mobile devices. The Company does not intend to enable You to contravene applicable law. You represent, warrant and agree to ensure that Your use of the Site and/or the Services will comply with all applicable laws, statutes and regulations. The offering or availability of the Services shall not be deemed or interpreted as an offer or invitation by Us to use the Services, if You reside in a place in which such use is currently forbidden by law (including without limitation the Restricted Territories), or where the Company, in its sole discretion, elects not to offer Services. You shall be solely responsible for determining whether Your use of the Site and/or Services is legal in the place where You live and/or use the Site and/or Services. We make no representations or warranties, expressed or implied, concerning the legality of the Services and/or of the Site and/or of any person’s participation in the Services through this Site, and shall not be responsible for any illegal use of the Site by You. It is Your responsibility to ensure that You comply with any and all laws applicable to You before registering or participating in any of the Services through this Site. You should consult with legal counsel in the applicable jurisdiction about the legality of Your use of the Site and/or the Services.
10. Until We have satisfactorily completed age verification, You will not be permitted to withdraw any winnings from Your Account. In addition, if You deposited money using any type of payment method other than a credit card, and unless We have established that a third party has satisfactorily carried out age verification, if age verification has not been satisfactorily completed in respect of You within 72 hours of You attempting to register and open an Account and deposit money with the Company, then (i) Your Account will be frozen, and (ii) no further gambling will be permitted via Your Account until age verification has been successfully completed. In addition, the Company reserves the right at any time to request from You evidence of age and if satisfactory proof of age is not provided within 72 hours of Our requesting such proof, then the above mentioned consequences will apply, mutatis mutandis. In the event that it is found that You are under the age of 18, or the legal age as determined by the laws of the country where You live (whichever is higher), then the Company shall close Your Account and return to You any money paid in respect of the use of the Services, but the winnings shall not be paid and will be confiscated.
11. Employees, directors and officers of the Company, as well as members of their families, affiliates or subsidiaries, and all other persons connected, directly or indirectly, to the computer systems or the security system employed by the Company, as well as any person involved in the operation of this Site and the establishment thereof, including, but not limited to advertising, promotion and fulfillment agencies, insurers and legal advisers, webmasters and web suppliers and family members thereof, are not entitled to participate in any of the Services. For the sake of good order it is clarified that any person who is not entitled to participate as aforesaid – as well as any other person who substitutes such excluded person – is also not entitled to any of the prizes afforded or referred to by the Site, and the Company reserves the right to shut down their account and seize any funds held in those accounts.
V. Account Registration
12. Anyone interested in participating in the Services is obliged to register and open an Account at the Site.
13. At the first phase of the registration process, You must fill in all the obligatory fields in the registration form (which include a valid identification, an address and contact email or personal telephone number), as well as choose a user name and password (the â€œIdentification Details“).
14. You shall be fully and solely responsible to reserve in confidentiality Your Identification Details and not to transfer them to another. The full responsibility for an unauthorized use of Your Identification Details lies solely with You, and You alone will bear all responsibility derived from any unauthorized use of Your Identification Details. If You misplace, forget or lose Your Identification Details because of anything other than the Company’s error, the Company shall not be liable for any direct or indirect loss associated with such occurrence.
15. The second phase in the registration process to the Site will be performed by You on the date that You will participate, for the first time, in one or more of the paid activities that are proposed by the Site. At this second phase You must provide valid payment method details, as well as additional personal identification details (the Identification Details, as defined above, and the additional details required at the second phase will be referred to collectively as – the â€œPlayer’s Details“); such Player’s Details will be reviewed as a part of an additional “know your customer” process. The Company will carry additional â€œknow your customer processâ€ upon any special circumstances including, but not limited to, high fraud score, suspicious details provided, a high number of deposits, various IPs used to access the Account, abnormal game play activity and Your jurisdiction.
16. You are only allowed to have one Account at this Site. If You attempt to open more than one Account, all Accounts You try to open may be blocked or closed. If You attempt to open more than one Account, for whatever reason, the Company may block or close any or all of Your Accounts in its absolute discretion. Should the Company decide to leave one Account open, it will be the first account that You opened at the Site, to which Your remaining customer funds (if any) will be transferred.
17. The Company may at its own discretion and without having to provide justification, refuse to open an Account or close an existing Account. However, all contractual obligations already made will be honored.
18. You hereby represent that the registration of Your Account, in either phases, is done personally by You and not by any third party.
19. By opening an Account, You hereby represent, warrant, acknowledge and undertake that (a) the details You submit during the registration process are true and correct, and that You will update them, immediately upon any change thereto, (b) Your Account is for Your personal use only and shall not be used by any third party, (c) any funds You deposit in the Account may and will be used by You solely for playing the Games and/or using the Services, (d) the Company is not a financial institution and any funds in Your Account shall not accrue any linkage differentials and/or interest, (e) You are of sound mind and You are capable of taking responsibility for Your own actions, (f) it is Your responsibility to read and understand the Games rules and procedures and that You fully understand these rules and procedures, (g) You understand that the use of the Games carries with it a risk of losing funds wagered in the Games, (h) You will cooperate with the Company and provide it with all requested documentation in a full, complete and truthful manner, (i) You have verified and determined that Your use of the Services does not violate any laws or regulations of any jurisdiction that applies to You, (j) You are solely responsible for recording, paying and accounting to any relevant governmental, taxation or other authority for any tax or other levy that may be payable due to Your use of the Site (including, but not limited to, payment of winnings), (k) You will use the Services in good faith towards the Company and others using the Services, (l) You will be solely responsible for all Your losses resulting from placing bets at the Site and playing the Games, (m) the Company may at its sole discretion, decide whether to open, maintain and/or close Your Account (provided that existing contractual obligations are honored), as well as close Your account and confiscate, seize, retain and/or hold all or part of the funds held in Your account and recover and/or forfeit any and all winnings paid to You or to which You are entitled – where You have broken any provision of these Terms and Conditions, (n) You shall be solely responsible for maintaining the confidentiality of Your Playerâ€™s Details (including Your user name and password required for entering Your Account), and for any and all actions and transactions taken in connection with Your Account by anyone who enters Your Account while using Your Playerâ€™s Details, and all such actions and transactions shall be deemed as actions and transactions taken by You, (o) You will immediately inform the Company of any suspected unauthorized use of Your Account, (p) You shall not make any charge backs and/or deny or reverse any payment made by You in connection with the Services, and You shall reimburse Us for any loss or damage We incur as a result of any such action, and in any event You will promptly pay any and all of Your debts to Us, and (q) You shall indemnify Us and hold Us harmless, from and against all claims, liabilities, damages, losses, costs and expenses, including legal fees, arising out of or in connection with any breach of these Terms and Conditions by You, and any other liabilities arising out of Your use of the Site or any unauthorized use of the Site by any third party using Your Playerâ€™s Details.
20. You further represent, warrant, acknowledge and undertake that (a) You will not use Your Account, and will not allow any third party to use Your Account, for any Illegal Actions, (b) in case You will perform any Illegal Action the Company shall be entitled to disclose any and all of Your Account details, Player’s Details and information to the relevant authorities, and to suspend and/or cancel Your Account and confiscate any and all funds in Your Account, (c) all money that You deposit into Your Account is not tainted with any illegality and, in particular, does not originate from any illegal activity or source; (d) You shall be solely responsible for all losses, liabilities and damages incurred as a result of any Illegal Action performed by You and You shall indemnify Us for any such losses, damages and liabilities, (e) You have not had an Account in the past which was terminated or suspended by the Company, (f) the means of payment (e.g. credit card) information You provided the Company in connection with Your Account are of means of payment owned by You and in Your name (or that the owner of the means of payment provided You with all required consent to use that means of payment for placing a wager via the Site, and You are acting within the confines of that consent) and was not stolen or reported as lost, (g) We are not obligated in any form or manner to validate the consent granted to You by the owner of the means of payment which You use, and (h) You are not and You have not notified the Company that You are addicted to gambling.
VI. Account Operation
21. It is unlawful to deposit any money in Your Account from ill-gotten means, and You will not make such deposits. Without derogating from the above, You hereby acknowledge that the Company will check all transactions to prevent money laundering, and will report any suspicious transactions to the relevant authorities.
22. The following deposit methods are available to deposit money with the Company: credit cards, cheques, wire transfer, Moneybookers, Ukash and Skrill. Your Account will be credited with the deposit only after the deposit is confirmed by the Company and the relevant payment method; until such confirmation is received, Your Account will not include such deposit in the Account’s balance. The Company does not provide credit, nor does it participate in, arrange, permit or knowingly facilitate the giving of credit.
23. Your attention is drawn to the fact that the Company imposes certain deposit limits, at its discretion and subject to various reviews and verifications performed by the Company.
24.Â The Company is required by its licence issued by the UK Gambling Commission to inform You about what happens to funds which the Company holds on account for you, and the extent to which funds are protected in the event of insolvency Protection of customer funds. The Company shall hold your funds in a separate bank account so as to be kept segregated from the Companyâ€™s own accounts, in accordance with the Companyâ€™s regulatory obligations. These funds are not protected in the event of insolvency.This meets the Gambling Commissionâ€™s requirements for the segregation of customer funds at the level:basic segregation.
25. When You request to withdraw funds, the funds requested will be transferred to the payment method(s) and the same account You used to deposit the funds.
26. If You have an outstanding deposit to the Company, the Company reserves the right to delay the withdrawal until all deposits are received and confirmed by the Company.
27. The Company does not charge any processing fees (save for instances in which a withdrawal request is made after the Company ceases to offer its Services in certain jurisdictions). However, certain banks and payment methods may charge fees and/or commissions in connection with deposits and withdrawals, and such fees and/or commissions are not the responsibility of the Company.
28. It is Your responsibility to notify the Company immediately of a lost or stolen payment method, or of any change in the payment method; any losses and damages caused due to Your failure to provide such immediate notification will be solely borne by You, and We will not be liable for any such losses and damages.
29. You are not allowed to transfer funds from Your Account to other users or to receive money from other users in Your Account, or to sell, transfer and/or acquire Accounts from other users of the Site.
30. The minimum withdrawal amounts are as follows: (i) Wire transfer: 50 Â£/$/â‚¬; (ii) Bank draft: 30 Â£/$/â‚¬; (iii) e-wallets, credit card, debit card: 20 Â£/$/â‚¬. Withdrawal requests that are below the minimum amounts noted above will not be processed, save for exceptional situations.
31. Subject to these Terms and Conditions (including, but not limited to, certain requirements from You in connection with such withdrawals), the settlement time for each withdrawal depends on the withdrawal method, as follows: (i) Credit and debit cards â€“ up to 10 business days; (ii) Neteller â€“ up to five business days; (iii) Skrill (Moneybookers) â€“ up to 7 business days; (iv) Cheque â€“ up to 32 business days; (v) Bank transfer â€“ up to 14 business days; (vi) Ukash â€“ up to five business days.
32. We draw Your attention to the following additional withdrawal restrictions: (a) Visa credit and debit card withdrawals are not available in certain jurisdictions due to local issuer restrictions; (b) MasterCard credit and debit card withdrawals are not available due to issuer restrictions; (c) the maximum withdrawal amount per account is (i) 1,500 Â£/$/â‚¬ per week, and (ii) 3,000 Â£/$/â‚¬ per month, except in the case of progressive jackpot winning.
33. As a measure to protect from online fraud, the Company may sometimes require identity verification before processing a withdrawal; without derogating from the above, a recent photographic identifying document is required to process Your first withdrawal. You will be asked to show one or more of the following documents (or additional documents not listed below) to the Company: (i) Credit/debit card used to fund an Account: A clear, legible copy of both sides of the card is required. For security reasons, the middle eight numbers on the front of the card and the three-digit code on the back of the card’s copy must be crossed out; (ii) Proof of address: This can come in the form of a recent utility bill or bank statement (either not older than three months) that shows Your full name and address as listed in Your Account; (iii) Photo ID: The ID can be a copy of a valid passport, driver’s licence or national ID card. Your name, photograph and signature must appear on the copy sent to the Company. In some cases, You may be asked to have Your documents signed and stamped by a qualified notary or solicitor as proof of legitimacy. Without derogating from the above, where Your cumulative withdrawals amount to EUR 2,330, the provision of the documents noted in items (ii) and (iii) above is mandatory.
34. Without derogating from any other provision in these Terms and Conditions, before any withdrawals are processed, Your play will be reviewed for any irregular playing patterns. Should the Company deem that irregular game play has occurred, the Company reserves the right to withhold any withdrawals, seize and/or confiscate the balance of Your Account and/or close Your Account.
35. Your Account will be deemed an Inactive Account if You have not logged into Your Account for a period of 12 (twelve) months. Any Inactive Account will be charged with an administrative fee equivalent to 5 (five) Euros per month, provided the Company has notified You 30 (thirty) days prior to any fees being incurred, that such fees will be incurred; the maximum amount of fees thus incurred will be the lower of the balance of Your Account or an administrative fee for a period of 6 (six) months. If You have not logged into Your Account for a period of 30 (thirty) months, Your Account will be deemed a Dormant Account, in which case the Company shall remit the balance of Your Account (after deduction of the charges referred to in this section) to You, or to Malta Gaming Authority (in the case of non-British Customers) or at the Companyâ€™s discretion (in the case of British Customers) if You cannot be satisfactorily located by the Company.
35 A. If Your Account is regulated by the Company’s UK online gambling licence, then the following arrangement will be administered instead of the arrangement in section 35: should You fail to use Your Account for six months thenYour Account will be considered a Dormant Account. The six-month period will run from the date of Your last login to Your Account. In the case of a Dormant Account, the Company will levy a monthly administration fee at a rate of 10% of the balance in the Account on the date that it became dormant. For the purposes of this administration fee: (a) the fee shall be deemed to be deducted first from funds deposited by You into Your Account and, when no such funds remain, from winnings and (b) where available, winnings will be wagered in preference to original capital when any bet is placed. The administration fee shall be deducted from the Dormant Account commencing from the last day of the sixth month in which the Account is inactive and on the last day of every month thereafter, until the balance of the account has reached zero. In the event that You login to Your Account during the ten-month period during which the administration fee is levied, the Company will cease to levy the administration fee but shall not be obligated to return to You any funds already deducted from the Account at such time.
36. In any case in which Your Account becomes a Dormant Account or an Inactive Account, is blocked from further use or closed, and without derogating from the Company’s right to seize and forfeiture any and all funds held in Your Account, You may contact the Company at [email protected] and submit a request to reopen Your Account and/or return the balance of Your Account. For the avoidance of doubt, the Company is under no obligation to accept Your request, and such request will be reviewed in accordance with the relevant facts and circumstances and the provisions of these Terms and Conditions.
37. You may ask at any time to close Your Account by sending an email to the Company’s customer support at [email protected], and You will be contacted by customer support accordingly in order to facilitate such request.
38. The Company’s default user history presentation provides only part of the game history; if You wish to receive all of Your game history, please contact the Company’s customer support at [email protected].
VII. Responsible Gaming & Self-exclusion
39. Always remember that the Services are for Your personal entertainment; they are not meant to make You rich overnight and there are no winnings formulas. Make sure to budget Your money and know the game rules. We urge You to review information available at http://www.gamblersanonymous.org.uk/, http://www.gamcare.org.uk/ or similar websites so as to ensure You are gambling responsibly. Furthermore, We suggest that You employ measures aimed towards gambling responsibly, such as timers or other forms of reminders and/or duration, wagers and loss restrictions while gambling or self-exclusion options (as further detailed in sections 40-44). In addition, We wish to draw Your attention to the existence of software preventing an individual computer from accessing online gambling websites, such as www.cyberpatrol.com or www.gamblock.com
40. You may exclude Yourself from the use of the Services for a definite or indefinite time, via the internet ([email protected]), for a minimum period of six months (extendable by You by up to five years), in accordance with Your decision to be provided to the Company. Prior to confirming Your self-exclusion request, You will be provided with information regarding the consequences of self-exclusion. Should You decide to be self-excluded, We encourage You to consider extending Your self-exclusion to other remote gambling operators currently used by You. Any undetermined bets at the time of Your self-exclusion will be settled in the normal way, according to the normal timescales and, if subsequently applicable, winnings paid to You. Any self-exclusion Account blocks cannot be undone during the agreed self-exclusion period.
41. Following Your request to be self-excluded: (i) Your Account will be closed and any funds held in Your Customer Account will be returned to You (subject to the provisions of section 20); (ii) As soon as practicable after Your request to be self-excluded is submitted to the Company, You will cease to receive any marketing materials relating to the Services; provided, however, that this will not extend to blanket marketing which is targeted as a particular geographical area and where You would not be knowingly included.
42. It is hereby clarified that regardless of the length of Your self-exclusion period, at the end of such self-exclusion period, such self-exclusion will remain in place unless You take a positive action in order to gamble again (subject to a minimum self-exclusion period of six months), and You will not receive any marketing materials unless You have taken a positive action in order to gamble again and agreed to accept such marketing materials. The positive action in order to gamble again must be made via telephone and not via the internet, and is accompanied by a one day cooling off period prior to allowing You to gamble again.
43. In requesting self-exclusion, You agree to provide full and accurate personal details, now and in the future, so Your access/use of the Site and Services can be restricted. If You do choose to self-exclude, We will use all reasonable endeavours to ensure We comply with Your self-exclusion. However, in agreeing to self-exclude, You accept that You have a parallel obligation not to seek to circumvent the self-exclusion. Accordingly, We have no responsibility or liability for any subsequent consequences or losses howsoever caused that You may suffer or incur if You commence or continue to gamble through additional online accounts where You have changed any of the registration details or You provide misleading, inaccurate or incomplete details or otherwise seek to circumvent the self-exclusion agreed.
44. If You are uncertain whether to exclude Yourself from the site, ask Yourself the following:
- Have You been diagnosed with an addictive disorder previously?
- Do You place bets while under the influence of alcohol or other substances?
- Is gambling interfering with Your daily life?
- Are You trying to recover previous loses by placing more bets?
If You answered â€˜yesâ€™ to one or more of the questions above, it is strongly recommend that You contact the customer support team and ask to be excluded as well as seek professional help.
VIII. Bonus Policy
45. All promotions, bonuses or special offers are subject to promotion-specific terms and conditions and any complementary bonus credited to Your Account must be used in adherence with such terms and conditions. Please review all such promotion-specific terms and conditions, located at http://www.millionaire.co.uk/promotions/
46. The Company reserves the right to withdraw any promotion, bonus or special offer at any time. In the event that the Company believes You are abusing or attempting to abuse a bonus or other promotion, or are likely to benefit through abuse or lack of good faith, then the Company may, at its sole discretion, deny, withhold or withdraw from You any bonus or promotion, or rescind any policy with respect to You, either temporarily or permanently, or terminate and/or block Your Account without being under any obligation to pay You any funds held in Your Account.
47. All winnings generated from the bonuses may be cashed out only after an amount totaling no less than 50 (fifty) times the bonus amount received has been wagered (unless stated otherwise in the specific terms and conditions of a specific bonus or promotion); You will not be able to withdraw the bonus amounts and any winnings attributed to them from Your Account prior to meeting this requirement regardless of the reason for not meeting this requirement, and such funds will be deducted from Your Account balance for the purpose of withdrawal.
48. The bonus amounts cannot be cashed out, and can be used solely for wagering purposes; for the avoidance of doubt, the inclusion of the bonus amounts in Your Account balance does not mean that the bonus amounts can be withdrawn, and such bonus amounts will be deducted from Your Account balance for the purpose of withdrawal. Only 5% of bets placed on all versions of video poker and/or power video poker shall be counted toward wagering requirements for any bonus, unless stated otherwise in the specific terms and conditions for that bonus; only 10% of bets placed on all versions of Baccarat, Blackjack, Roulette, and/or poker table games shall be counted toward wagering requirements for any bonus, unless stated otherwise in the specific terms and conditions for that bonus.
49. The Company reserves the right to prevent players registered, logging in or depositing from certain jurisdictions from participating and being eligible for any or all promotions and bonuses, at its sole discretion.
IX. Powers and Authorities of the Company
50. The Company shall make commercially reasonable efforts to prevent any malfunctioning in the Site’s activity. However, in any event of a technical failure (or any other error) in the Site’s systems for any reason whatsoever, the Company will be entitled to cancel Your participation in any of the Games, concerning which the malfunctioning has occurred. In such an event, Our responsibility and liability will be limited only to the participation fee sum that was paid by You for participating in such Game, and Your Account will be credited accordingly.
51. The Company reserves the right to cancel, terminate, modify or suspend the Services if for any reason, the Services cannot be conducted as planned, including, but not limited to, infection by computer virus, bugs, tampering or unauthorized intervention, fraud, technical failures or any other causes beyond the control of the Company. If any errors result in awarding winnings to You or in an increase in winnings owed or paid to You, You shall not be entitled to these winnings. You shall immediately inform the Company of the error and shall repay any winnings credited to Your Account in error to the Company (as directed by the Company) or the Company may, at its discretion, deduct an amount equal to those winnings from Your Account or set off such amount against any money owed to You by the Company.
52. The Company reserves the right to limit, refuse or cancel any bet, stake or other wager made by You or through Your Account, as well as cancel any Game (regardless of whether such cancellation was due to actions on Your part or of any third party), where the Company believes that any act of fraud or any other act of bad faith has been taken against the Company or any third party; in such circumstances You will only be entitled to receive the participation fee sum that was paid by You for participating in such Game, and Your Account will be credited accordingly.
53. If You are disconnected from the internet while playing the Games (not through any intentional disconnection on Your part of any other bad faith action), the Games’ results and Your Account’s balance will be kept as they were before such disconnection. The Company will take all reasonable measures to ensure that if You experience interruptions and/or technical difficulties with any Game, after You had made a wager, You will be allowed to resume play and restore the Game as it was before the interruption and/or technical difficulties took place. If such restoration is not possible, the Company will ensure the Game is terminated, refund the wager to Your Account, immediately inform Malta Gaming Authority or the British Gambling Commission, as applicable, of the matter and refrain from re-commencing playing the Game if it is indicated that the failure which has occurred may re-occur.
54. The Company shall be entitled, at its sole discretion, to amend, modify, or discontinue, from time to time, any of the Services, and/or bonuses and/or promotions and/or introduce new Games, Services, bonuses, and/or promotions. We shall not be liable for any loss suffered by You resulting from any changes made and You shall have no claims against Us in such regard.
X. Reservations concerning Our Responsibility
55. We are not responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of data or information and any direct or indirect loss which arises from these occurrences. We are not responsible for any problems or technical malfunction of any network or lines, Wi-Fi, Bluetooth, computers, systems, servers or providers, computer equipment, software or email on account of technical problems or traffic congestion on the internet or at any web site, mobile site or mobile application. We shall not be responsible or liable to You in the event of systems or communications errors, bugs or viruses relating to the Services and/or Your Account or which will result in damage to Your hardware and/or software and/or data.
56. In no event shall We be liable for any direct, indirect, incidental, special or consequential damages or damages for loss of profits, revenue, data or use incurred by You or any third party, whether in an action for contract or tort, arising from the access to, or use of, the Site, the Services and/or otherwise.
57. We make no representations about the suitability, reliability, availability, timeliness and accuracy of the information, software, products and Services contained and/or offered at the Site for any purpose. All information, software, products and Services are provided “as is” without warranty of any kind. We hereby disclaim all warranties with respect to information, software, products and Services contained or offered at the Site, whether express or implied.
58. We shall have no liability with respect to any damage or loss that was caused due to reliance, of any type, on the information or any other publication or content appearing at the Site, and You are invited to verify the information published at the Site.
59. We shall not be responsible or liable for any actions or omissions of internet service provider or any other third party which provides You with access to the Site or Services.
60. You accept and agree that random number generator will determine the randomly generated events required in connection with the Services and where the result as received by You conflicts with the result shown on the Company’s server (or servers operated on the Company’s behalf by third parties), the result shown on the Company’s server (or on servers operated on the Company’s behalf by third parties) shall in all circumstances take precedence. You understand and agree that the Company’s records (or records maintained on its behalf) shall be the final authority in determining the terms of Your use of the Services.
61. You will use the Site and Services at Your own risk, and We shall not be responsible for any damage or loss You shall incur as a result of modifications, enhancement, termination, suspension or discontinuation of the Site or any of the Services. We will not be responsible for any damage or loss You shall incur as a result of Your use or reliance on the content of any website, mobile site and/or mobile application to which links appear on the Site.
62. You will indemnify and hold Us harmless against all direct and indirect claims, liabilities, damages, losses, costs and expenses arising from Your breach of these Terms and Conditions.
63. THE SITE, SERVICES, SITE’S CONTENT AND THE SOFTWARE USED IN CONNECTION THEREWITH ARE PROVIDED “AS IS”, AND WE MAKE NO WARRANTY OR REPRESENTATION, WHETHER EXPRESS OR IMPLIED (WHETHER BY LAW, STATUTE, OR OTHERWISE), INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS OR ACCURACY, NON INFRINGEMENT OF THIRD PARTIES’ RIGHTS OR OF APPLICABLE LAWS AND REGULATION IN RESPECT OF THE SITE, SERVICES, SITE’S CONTENT AND THE SOFTWARE USED IN CONNECTION THEREWITH, OR THAT THE SITE, SERVICES, SITE’S CONTENT AND THE SOFTWARE USED IN CONNECTION THEREWITH WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED, OR WILL BE FREE OF VIRUSES OR BUGS OR AS TO RESULTS OR THE ACCURACY OF ANY INFORMATION THROUGH THE SITE OR SERVICES.
XI. Intellectual Property
64. All the rights, including the intellectual property rights (i.e., patents, copyright, trademarks, service marks, logos, trade names, know-how or any other intellectual property right) concerning the Site, and all of its content (including, but not limited to, programs, files, video, audio, pictures, graphics, pictures, text and software), and/or Services (collectively the â€œRights”), are and shall remain the sole and exclusive property of the Company and/or any of its licensors. You may not use any of the Rights without the express prior written approval of the Company, except pursuant to these Terms and Conditions, and You shall not, by using the Services or otherwise, acquire any rights in any of the Rights. Without derogating from the above, You are strictly prohibited from: (i) copying. redistributing, publishing, reverse engineering, decompiling, disassembling, modifying, translating or making any attempt to access the source code of the Services and/or the Site, (ii) creating derivate works of the source code; (iii) selling, assigning, licensing, sublicensing, transferring, distributing the Services, and (iv) making the Services and/or the Site available to any third party.
65. A subscriber is a Player who has requested to participate, in a repetitive, fixed and consecutive manner, in a certain Game made available to such subscription services by the Company and chosen by the Player (the “Subscriber”). Upon making such a request, the Subscriber will participate automatically in the Game(s) chosen and in the manner specified by the Subscriber.
66. The Subscriber’s Account will be debited for each Game that the Subscriber has participated in (according to his/her subscription), at the sum equivalent to the participation price concerning that Game at the time of participation in that Game. It is hereby clarified that such sum may change each time a Game is played, and may not be the same as at the date in which the Subscriber opted for the subscription; the Subscriber hereby grants his/her consent for the Account to be automatically debited in accordance with the participation price concerning that Game at the time of participation in that Game. The Subscriber’s Account will be automatically debited prior to each Game in which the Subscriber participates via the subscription. In case in which the Subscriber’s Account has insufficient funds to participate in a Game according to the subscription (for any reason whatsoever; including, but not limited to, any limits placed by the Subscriber) then the subscription will be postponed, and the Subscriber will not participate in that Game, until the Account has sufficient funds. The Company is under no obligation to notify the Subscriber of any such occurrence, and it is the sole responsibility and liability of the Subscriber to confirm that the Subscriber’s Account has sufficient funds to allow participation in Game(s) in accordance with the subscription, The Subscriber hereby releases, indemnifies and holds Us harmless from any claims, liabilities, damages, losses, costs and expenses arising from the postponement of the subscription.
67. The Subscriber may cancel the subscription at any time, in which case his/her participation in the Game(s) the Subscriber subscribed to will be cancelled immediately after the cancellation is recorded with the Company. It is the Subscriber’s responsibility to confirm that the cancellation notice was received and acted upon by the Company, and We will not be responsible for any direct or indirect loss or damage caused due to not receiving or not acting upon such a cancellation notice.
68. You can join, simultaneously, an unlimited number of subscriptions for different Games made available to such subscription services by the Company.
XIII. Customer Support
69. You may contact the Company in connection with anything related to the Site and/or the Services at any time via our customer support, which is available at [email protected]
70. Any communication with the Company’s customer support will be handled in the utmost care and without any delay by the Company’s customer support representatives and will be escalated to the relevant people where necessary.
71. If the reply received by You from the customer support representatives is deemed unsatisfactory to You, and You have exhausted all of the communication channels with the Company, You may bring any dispute You have with the Company, including in relation to any acts of the Company under its UK online gambling licence, to the Independent Betting Adjudication Service , at [email protected]
72. These Terms and Conditions and the relationship between You and Us shall be governed by, and construed and interpreted in accordance with, the laws of Malta, and You irrevocably submit to the exclusive jurisdiction of the competent courts of Malta with respect to any dispute regarding the validity, breach, interpretation, performance or otherwise arising out of or in connection with these Terms and Conditions and the relationship between You and Us. Provided, however, that nothing within these Terms and Conditions will exclude the applicability of the laws of England in respect of anything applicable to the Company’s British Gambling Commission licence.
73. The Company may, at any time, set off any positive balances in Your Account against any amount owed by You to the Company.
74. The Company may transfer or assign any and all of its rights and obligations hereunder to any third party; without derogating from the above, the Site and/or any of the Services may be operated by third parties. You may not transfer, assign or pledge in any manner whatsoever any of Your rights or obligations under these Terms and Conditions.
75. Unless explicitly stated in these Terms and Conditions, nothing in these Terms and Conditions shall: (i) be construed as creating any agency, arrangement, trust of fiduciary relationships or any similar relationship between You and Us; (ii) create or confer any rights or benefits to any third party, and/or (iii) grant You any security interest in any asset of the Company, including (but not limited to) any sum held in Your account.
76. We may provide You with notices with respect to or in connection with these Terms and Conditions in an e-mail and/or through the Site, and such notice shall be deemed received by You within 24 hours from the time it is sent to You in the aforesaid manner.
77. These Terms and Conditions have been drafted in the English language. In the event of any discrepancy between the meanings of any translated versions of these Terms and Conditions and the English language version, the meaning of the English language version shall prevail.
78. No failure or delay on Our part in exercising any right, power or remedy thereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy.
79. If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be unenforceable under applicable law, then such provision shall be excluded from these Terms and Conditions and the remainder of these Terms and Conditions shall be interpreted as if such provision was so excluded and shall be enforceable in accordance with its terms; provided, however, that in such event these Terms and Conditions shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction.
VersionÂ 1.1.5- 23/6/15
Valid until further notice