TERMS AND CONDITIONS
This website, www.bingowithkerry.com, and any mobile applications through which our Services are offered (together, the "Website") are operated by Virtue Fusion (Alderney) Limited ("we" or "us"), a company incorporated and registered in Alderney (company number 1628) whose registered office is at Inchalla, Le Val, Alderney GY9 3UL. We hold a remote operating licence from the Gambling Commission of Great Britain (licence number 38838).
We operate the Website under a brand licence from 8Ball Games Limited. 8Ball Games Limited is not responsible for the provision of any gambling or the Services, and your agreement is with us.
THESE TERMS AND CONDITIONS
These terms and conditions (the "Terms & Conditions") govern your access to and use of the Website and our Services. By accessing and using the Website and any of our Services (including by opening an Account with us), you agree to be bound by these Terms & Conditions. You also agree to the use of electronic communications in order to enter into contracts, and you waive any rights or requirements under applicable laws or regulations in any jurisdiction which require a signature by hand, to the extent permitted by law.
Please read these Terms & Conditions carefully, as they form a legally binding contract between you and us.
If you do not agree to be bound by these Terms & Conditions, please do not use the Website or our Services.
We recommend that you print out these Terms & Conditions and store them safely along with all the confirmation e-mails, transaction data and payment methods relevant to your use of the Website and our Services.
You can contact our Customer Services team. Please click here to see our contact details.
RULES AND ADDITIONAL TERMS
These Terms & Conditions include and incorporate the following additional terms:
- Product specific rules ("Rules"), which govern particular games, events, markets and/or products and provide product-specific detail. When you play any game, place a bet or wager with us or otherwise use the Services, you agree to be bound by:
- the Rules of any game you play (as set out in the game itself or in the "Help" section);
- Promotional Terms, which apply in respect of promotions, bonuses and special offers (including any wagering requirements) related to the Services from time to time. Please note, not all players will be entitled to receive all promotions, bonuses and special offers available via the Website from time to time;
- Download Terms, which you will be required to agree to in order to download certain Software from the Website from time to time (See appendix); and
The following words and terms, when used in these Terms & Conditions, shall have the following meanings:
"Account": an account opened by you with us to enable you to deposit and wager on the Website or otherwise use the Services;
"Applicable Laws": any laws, rules and regulations which apply to you in the country in which you reside, or, if different, from which you are conducting activities with us, including (but not limited to) those relating to online gambling, your access to or use of the Services and/or the Website, and your making deposits and receipt of any withdrawal;
"Download Terms": the additional terms and conditions which you will be required to agree to in order to download certain Software from time to time;
"Gambling Transaction": a bet, wager, stake or similar transaction placed on the Website or by otherwise using our Services;
"Group": means, in relation to us, a company which is from time to time a subsidiary or the ultimate holding company ours, or another direct or indirect subsidiary of such ultimate holding company. For the purposes of this definition, "subsidiary" and "holding company" have the meaning given to these expressions in section 1159 of the Companies Act 2006 (as amended from time to time);
"Payment Provider": a third party payment processing company;
"Prohibited Jurisdictions": any jurisdiction other than the United Kingdom, the Republic of Ireland and Guernsey.
"Promotional Terms": separate terms and conditions which may apply in respect of promotions, bonuses and special offers (including any wagering requirements) related to the Services from time to time;
"Services": the services offered by us from time to time through the Website;
"Software": the software that is required to be downloaded, accessed or otherwise utilised by you from the Website for the purpose of enabling you to participate in the Services, including any related program or data file and any related documentation, and including any enhancements, modifications, additions, translations or updates to such software;
"Winnings": any winnings payable to you following a successful Gambling Transaction; and
"Withdrawable Funds": the total funds in your Account (including all unspent deposits and winnings from wagers made with your deposits) excluding any funds that are subject to a restriction (including wagering requirements or other promotional play restrictions).
- By opening an Account with us, you promise and represent to us that:
- you have understood and accepted these Terms & Conditions (including any additional Rules and/or other terms that may apply to you, as described in the "RULES AND ADDITIONAL TERMS" section above;
- you are bound by the provisions of these Terms & Conditions (including any additional Rules and/or terms that may apply to you, as described in the "RULES AND ADDITIONAL TERMS" section above ;
- you are 18 years of age or older;
- you have the mental capacity to take responsibility for your own actions and enter into an enforceable contract with us;
- you are acting on your own behalf and not on behalf of anyone else;
- all information which you give, or have given, to us in the registration process is accurate as at the date of registration;
- you are not depositing funds originating from criminal or unlawful activities, and you are not otherwise conducting criminal or unlawful activities and/or intending to use the Account in connection with such activities;
- you are not colluding, or attempting to collude, or intending to participate, directly or indirectly, in any collusion scheme with any other player in the course of any game you play, or will play, on the Website;
- the debit card or credit card details supplied by you in the registration process are yours as the registered account holder and the relevant card has not been reported as lost or stolen;
- you are not a problem gambler or compulsive gambler, and have not previously self-excluded from this Website and/or any other gambling website;
- you are not an officer, director, employee, consultant or agent or of one of our Group companies, or our suppliers or vendors, and you are not a relatives of anyone who falls into these categories (for the purpose of this paragraph, the term "relative" means spouse, partner, parent, child or sibling);
- you are responsible for complying with Applicable Laws and will not access the Website or our Services from a Prohibited Jurisdiction; and
- you understand that there is a risk of losing money by wagering on our Website and using our Services and you accept full responsibility for such losses.
- As a responsible operator, we recognise that gambling can become a problem for some users. Consequently, we provide users with the facility to exclude themselves from using the Website and our Services or to use other responsible gambling tools that we offer, such as time-outs or setting financial limits in relation to their gambling.
- You can instruct us to exclude you from placing Gambling Transactions for a specific period of time (from a minimum of 6 months to a maximum of 5 years): (i) by contacting Customer Services (please click here for our contact details); or (ii) online via the "My Account" tab. In asking us to exclude you from the Website and our Services, you acknowledge and agree that we will block your Account from placing Gambling Transactions for the period requested, starting as soon as possible after receipt of your request (and, in any event, by no later than the next time you try and log in). The self-exclusion will be applied to all websites operated by us and members of our Group [PT Entertainment Services Limited and Virtue Fusion (Alderney) Limited] . Please note that there may be a short delay in applying the self-exclusion to websites operated by other members of our Group. If you wish to self-exclude from other gambling operators please contact those operators directly or use the GAMSTOP service described below.
- During a period of self-exclusion, you will not be able to place Gambling Transactions or otherwise access your Account. When you self-exclude, we will attempt to return your Withdrawable Funds to you. If, after a reasonable period, we are not able to return your Withdrawable Funds (because, for example, we are not able to contact you), we may donate the relevant amount to a charity of our choice. If you wish to reactivate your Account after the period of self-exclusion has expired, you may only do so by calling our Customer Services team (please click here for our contact details) and requesting that the self-exclusion be lifted. Any request to lift the self-exclusion after the specified period has expired will be subject to a 24 hour "cooling off" period, after which your Account will be re-activated.
- After your self-exclusion has been implemented, we will remove your name and details from any marketing databases we use. Please note that this relates only to marketing materials sent by us. There may be a short delay between your self-exclusion being implemented and marketing materials being stopped.
- In addition to our self-exclusion tools described above, you are also able to self-exclude with GAMSTOP, a free service that enables individuals resident in the UK to self-exclude from the websites / apps of gambling operators licensed by the Gambling Commission of Great Britain. To find out more details and register with GAMSTOP, please visit gamstop.co.uk. If you request to self-exclude using GAMSTOP, we will take reasonable steps to prevent you from transacting on your Account, based on the information that you have provided to GAMSTOP, as soon as possible following your self-exclusion being registered with GAMSTOP. You should ensure that the details you use to register with GAMSTOP are the same as those details registered on your Account. Please note that there may be circumstances where we are unable to implement a self-exclusion requested via GAMSTOP, including, but not limited to, where we are unable to match your Account with the details you provided to GAMSTOP, and where there is a technical failure in the operation of GAMSTOP such that we cannot access the most up-to-date self-exclusion information.
- During your period of self-exclusion, whether requested directly with us or via GAMSTOP, you promise not to circumvent, or to attempt to circumvent, such self-exclusion arrangement by attempting to place Gambling Transaction using the Website or our Services, either yourself or using a third party. Any Accounts found to be in use in breach of a self-exclusion request will be closed as soon as such use is discovered, and we will attempt to return any Withdrawable Funds as set out above. Please note that if you are able to access your Account and/or open a new Account during any self-exclusion period, including one requested via GAMSTOP, and our automated checks do not prevent this happening, we shall have no responsibility or liability to you or any third party for any gambling activity that takes place (including to refund any losses relating to such gambling activity). You accept that we have no responsibility or liability whatsoever (including in respect of any losses You may incur) if you continue to gamble with us or any third party, including where you have circumvented a GAMSTOP self-exclusion, via additional accounts or by changing registration details, or where you have sought to take advantage of the GAMSTOP service being unavailable or inaccessible.
Setting Financial Limits
- As part of our commitment to responsible gambling and in line with our regulatory obligations, you have the option to set a daily (24 hour), weekly or monthly deposit limit on your Account. To set a deposit limit, please either contact Customer Services (click here for our details) or select the option on the Website through the "My Account" link, setting out whether you wish to have a daily (24 hour), weekly or monthly deposit limit, and the amount you wish to be set.
- Any requested decrease in your maximum deposit level will take effect immediately and any requested increase in your maximum deposit level will take effect after a "cooling off" period of 24 hours. You will be required to confirm that you wish to increase your deposit limit after this time. If you do not give that confirmation, your deposit limit will remain as was originally set.
- Any deposit limit that you set will only be applied to this Website. It will not apply to other websites operated by us and members of our Group. The National Association for Gambling Care Educational Resources and Training (GAMCARE) provides information, advice and counselling to individuals, their family and friends who have concerns about problem gambling. The Helpline number for GAMCARE when calling from the UK is 0808 802 0133; this number may not be available from outside the UK.
- You may not use the Website and/or the Services if you are located in a Prohibited Jurisdiction. The fact that the Website is accessible in a Prohibited Jurisdiction, or that the Website is provided in the official language of a Prohibited Jurisdiction, shall not be construed as condoning the use of the Website in such Prohibited Jurisdiction. Any attempt to circumvent this restriction (for example, by using a VPN, proxy or similar service that masks or manipulates the identification of your real location, or by otherwise providing false or misleading information regarding your location, citizenship, or place of residence, or by making bets or wagers using the Website through a third party or on behalf of a third party located in a Prohibited Jurisdiction) is a breach of these Terms & Conditions and may constitute a criminal offence under Applicable Laws. If we discover, or we have reasonable grounds to suspect, that you accessing the Website or the Services from a location in any of the Prohibited Jurisdictions, this will result in us closing your Account, without any obligation to provide you with advance notice, and providing the applicable details to any relevant authorities, and you shall compensate us for any damage or loss resulting therefrom.
PROTECTION OF CUSTOMER FUNDS
- You acknowledge and agree that your Account is not a bank account and is therefore not insured, guaranteed, sponsored or otherwise protected by any deposit or banking or other insurance system of any jurisdiction. Any monies deposited with us will not receive any interest.
- Monies deposited with us will be held by our bank in a designated client account separated from our own company accounts. The account in which we hold deposits is not protected in the case of our insolvency. This meets the Gambling Commission's requirements for the segregation of customer funds at the level: basic segregation. SEE HERE FOR MORE DETAILS. If you require any further information on protection of funds and insolvency, we suggest that you obtain external advice.
Opening an Account
- In order to enter into a Gambling Transaction and/or use the Services, you will need to open an Account with us on the Website. You may only open one Account on the Website: duplicate accounts are prohibited and will be closed (and Withdrawable Funds, if any, returned). We do not operate a credit facility, and you may only enter into Gambling Transactions with funds held in your Account.
- You can have up to ten (10) active cards (debit or credit) on your Account. If a card registered to your Account is lost or stolen then you should notify Customer Services immediately (our contact details can be found here).
- You may only use the Website and/or the Services if you are 18 years of age or older. It is illegal for anyone under the age of 18 to open an Account or to place Gambling Transactions on our sites (including the Website) or those of members of our Group. We will forfeit all Gambling Transactions and return all deposits to anyone who we discover is under the age of 18.
- If you share your computer with anyone under the age of 18, we recommend that you put in place filtering software. Companies that provide filtering software include:
Verification Checks and Source of Funds requests
- By accepting these Terms & Conditions, you agree that we are entitled to conduct any necessary identification, credit, source of funds and other verification checks that we may reasonably require and/or are required of us under Applicable Laws and regulations or by regulatory authorities. You agree to provide us with any information we request in relation to such verification checks, and we reserve the right to request proof of age documentation and evidence to verify your identity, or the source of your funds including certified documentation, from you at any time. Until such time as the relevant checks are completed to our reasonable satisfaction, and any requested information has been provided, we are entitled to restrict your Account in any manner that we may reasonably deem appropriate, including by preventing you from placing any Gambling Transactions until the verification checks are completed satisfactorily.
- To comply with Applicable Laws (including our regulatory obligations), we conduct automatic "know your customer" checks. If these checks do not provide us with sufficient information about you, depending on your level of activity we may request to verify your identity or your source of funds.
- When an Account is opened, if the automatic checks do not provide all of the sufficient information then we will make If an age verification request. If the requested documents are not sent to us within 72 hours from the time of our verification request, your Account will be frozen and no further gambling permitted until such time as the required information has been sent and verified. Please note that if your Account is frozen for not providing age verification information, you can contact Customer Support to withdraw any remaining deposit (but excluding any winnings on your Account) and your Account will then be closed. If you are shown to be underage then we will close your Account and return all deposits (but not any winnings).
- If we make an ID verification request in line with our regulatory obligations,, until such time as the verification has been adequately concluded any withdrawal request you make will be considered pending. Once we have verified your identity, the withdrawal will then be actioned. The ID verification required by us is as follows:
- photographic ID (a copy of your passport or driver's licence showing your name and date of birth);
- a copy of the front and the back of the credit or debit card you have registered and used on your Account (you need only show the name, first six digits and last four digits and expiry date; all other details may be obscured); and
- proof of address (for example, a copy of a bank statement or utility bill that shows the name and address registered on your Account and is dated during the previous three months) together with such other information as we may reasonably require.
- If, in line with our regulatory obligations, we request information on your source of funds, you must provide such information within the period specified in our email (either 48 hours or 7 days). If you do not provide the requested information within the period given, we may restrict your Account until such time as the required information has been sent and verified. For source of funding, we will request the following:
- Bank statements from the last 3 months; and/or
- Wage slips from the last 3 months; and/or
- Evidence of source of any other source of funds (e.g. property sale, inheritance, share sale, lottery win).
Use of your Account
- When you open an Account, you will be required to choose a unique username and password. You must keep your username and password secure and confidential and not share it with anyone else. You must not allow any other person to use your Account. You accept that any actions taken using your Account will be considered to have been taken by you and any Gambling Transactions entered into using your Account will be considered valid. We will not be liable if you disclose your username and password to someone else.
- You must keep your registration and Account details up-to-date. If any of your Account details change you should notify us immediately, as failure to do so may result in transactions being declined by your financial institution. This can be done by contacting our Customer Services team (our contact details can be found here) . We are not responsible for transactions which are declined as a result of incorrect details where you have not notified us of any changes.
- If you forget your username and/or password, or have reason to believe that someone else is aware of your password, please contact our Customer Services team immediately ((our contact details can be found here)).
- You can monitor all Gambling Transactions made using your Account by clicking on the "History" button when logged in. You are responsible for all Gambling Transactions made using your Account.
- The debit card or credit card registered on your Account must be in your own name.
Deposits and withdrawals
- You agree that any financial transactions (e.g. deposits, withdrawals) on your Account will be handled by us directly or through a Payment Provider. Financial transactions will appear on your card statement as VFA
- Once your Account has been opened, you will be able to credit funds to it by requesting an electronic transfer of funds using any of the means set out on the Website.
- Each request made by you to deposit funds in your Account shall constitute a valid authorisation for us, or the Payment Provider if applicable, to transfer the amount specified in your request to your Account.
- Unless specifically authorised by us in writing, the limits on deposits into, and withdrawals from, your Account are set out in the table below. Unless agreed with you separately, we only accept payments, and all Gambling Transactions will take place and all Account balances will be displayed, in [GBP].
|Minimum Single Deposit||Maximum Single Deposit|
|Minimum Single Withdrawal*||Maximum Single Withdrawal|
*If you wish to withdraw an amount which is less than the Minimum Single Withdrawal set out in the table above, please contact our Customer Support team. A fee may apply
- We are entitled to determine whether the funds that you have requested to be credited to your Account are available upon receiving confirmation from the relevant Payment Provider in accordance with such Payment Provider's approval procedures. Only when your deposits are reconciled and cleared by the relevant Payment Provider will your Account be credited with the funds.
- You must notify us if any sum is incorrectly credited to your Account. We are entitled to reverse such credits and/or recover such sums from you if you have withdrawn them. Any Gambling Transactions entered into using improperly credited sums may be cancelled by us and any winnings made from these Gambling Transactions will be reversed.
- Subject to the amounts set out in the table above, you may withdraw any Withdrawable Funds in your Account at any time by submitting a withdrawal request (either online or by contacting Customer Support). On receipt of any such withdrawal request, we will return the relevant funds to you (less a processing fee (if applicable)) using the payment method with which those funds were originally deposited (unless we agree otherwise).
Fees and Chargebacks
- When you make a deposit by debit card or credit card, some financial institutions categorise gambling deposits as "cash" and may levy a fixed and/or interest charge from the date of payment. It is your responsibility to settle this charge.
- If you frequently make deposits into and withdrawals from your Account without placing a reasonable level of Gambling Transactions, we reserve the right to charge you a fee (debited from your Account) for depositing. We will provide you with advance notice before processing this debit.
- If relevant in your jurisdiction, it is your responsibility to account to the relevant tax authorities for any winnings you receive via your Account. We are not liable to account to any tax authority for any of your personal taxes.
- If, for whatever reason, there is a chargeback request to your Account, you accept and acknowledge that we may restrict your Account while we investigate and resolve the matter. During such period, any monies due or requested will be withheld.
Closing your Account
- If you wish to close your Account, please contact Customer Services (our contact details can be found here).
- We shall be entitled to close your Account and void all unsettled Gambling Transactions in the following circumstances:
- Immediately if we discover that you have become bankrupt; and/or
- in accordance with the "Cheating, Collusion, Fraud and Criminal Activity" section below if an investigation concludes that you have used the Website and/or the Services in a fraudulent manner or for illegal, unlawful and/or improper purposes; and/or
- as soon as we become aware that in placing Gambling Transactions using your Account you have contravened the rules on gambling of any sporting body, any professional body or your employer;
- immediately if we are requested to do so by law enforcement or regulatory authorities or by a court order; and/or
- by giving you reasonable notice if you don't supply any information reasonably requested by us; and/or
- by giving you no less than [one (1)] months' notice in writing; and/or
- by giving you reasonable notice if we discover or have reason to believe that you have breached, or are breaching, these Terms & Conditions.
- Where we close your Account for a breach of these Terms & Conditions, we may withhold and/or retain any and all amounts in such Account until such time as we have investigated the relevant breach. Upon conclusion of our investigation, we will return any amounts in your Account to you other than where we have received a valid request from any law enforcement or regulatory authority, or a court order, which requires us to withhold the funds in your Account.
- We reserve the right to decline part of a Gambling Transaction if your Account is restricted in our reasonable discretion. All Gambling Transactions are entered into at your own discretion. Gambling Transactions will not be confirmed if there are insufficient funds in your Account.
- We will only accept Gambling Transactions made online (including via mobile phone or mobile applications). Once a Gambling Transaction has been accepted by us, you cannot cancel the Gambling Transaction. It is your responsibility to ensure that all details of the Gambling Transaction are correct.
- Winnings from settled Gambling Transactions will be added to the balance of your Account. Any funds credited in error are not available for use and we reserve the right to (i) void any Gambling Transaction placed using such funds and (ii) withdraw the relevant amount and reverse the Gambling Transaction, whether at the time or retrospectively.
- If you have not placed a Gambling Transaction using your Account for a continuous period of 12 months, your Account will be deemed inactive. Once your Account has been deemed inactive, we may, upon giving you notice, charge you a monthly maintenance fee of the higher of £2 and 5% of the balance of your Account. We will continue to deduct this fee until the balance of your Account is zero or you place a Gambling Transaction.
Errors or Omissions
- A number of circumstances may arise where errors are made in respect of Gambling Transactions placed or payments made by us ("Error"). An Error could be the result of a mistake by an individual or a defect or fault with our systems and/or the Software. Save where as set out in these Terms and Conditions, we will not be liable for any Error (however caused), including (but not limited to) where:
- we incorrectly calculate or pay out the amount of Winnings that are paid to you;
- an error occurs in a random number generator or pay tables included or used in any game or product; and/or
- caused by the failure of any hardware, Software, or communications systems.
- We reserve the right to correct any Error which has been identified and (a) in the case of sports betting, re-settle the relevant Gambling Transaction at the correct price or on terms which were available/should have been available (absent the Error) at the time the Gambling Transaction was placed, or (b) in the case of a fault, take steps as soon as practicable to remedy the problem and ensure that you are treated fairly according to the circumstances.
- Where it is not practicable for us to correct and re-settle a Gambling Transaction which has been subject to an Error, we reserve the right to declare the relevant Gambling Transaction void and withhold payment of the relevant Winnings to you. Where we have paid Winnings to you which we can reasonably demonstrate were as a result of an Error, we reserve the right to claim back such Winnings from you and/or deduct them from your Account balance.
- You should inform us of any Error as soon as possible and should not seek to exploit an Error to generate Winnings. Where we can reasonably demonstrate that you have exploited an Error to generate Winnings we shall have no liability to you in respect of such Winnings. Where we have paid Winnings to you which we can reasonably demonstrate were as a result of you exploiting an Error, we reserve the right to claim back such Winnings from you and/or deduct them from your Account Balance.
- Neither we, nor our employees, partners or suppliers, will be liable for, or be required to compensate you for, any loss that results from any Error by us.
Cheating, Collusion, Fraud and Criminal Activity
- If we discover, or have reasonable grounds to believe, that you are engaging, or have engaged, in one or more of the following activities, we will commence and/or be involved in and/or assist an investigation into such circumstances:
- cheating (including by counting cards or exploiting a game or game fault);
- colluding with others (including by working together to exploit a game or game fault, using "bots" or similar software, or manipulating the Software); and/or
- fraudulent behaviour or criminal activity (including money laundering, credit card fraud, chargeback risk or stolen alternative payment methods).
- You should only deposit money into your Account for the purposes of entering into a Gambling Transaction. In circumstances where we reasonably believe that you are depositing money without any intention to enter into a Gambling Transaction, we may investigate your Account in accordance with the preceding paragraph.
USE OF THE WEBSITE
- No warranty or representation, express or implied, is made as to the accuracy, timeliness, completeness or suitability of the information and materials contained on our Website nor as to the results obtained through its use. The information provided on the Website is not intended to amount to advice or recommendations and is provided for information purposes only. No reliance shall be placed on such information when entering into a Gambling Transaction.
- You are solely responsible for the supply and maintenance of all computer equipment, telecommunications networks and internet connection services that you require in order to access and use the Website. We shall not be liable in for any loss or damage caused to your computer equipment, telecommunications network or internet connection service as a result of accessing or using the Website, save that if any defective digital content that we have supplied to you damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation.
- You may only use the Website and/or the Services for the purpose of entering into Gambling Transactions with us and for your own private use. Any commercial exploitation of information from our Website is strictly prohibited.
- You must not use the Website and/or the Services for any purpose which is illegal, fraudulent, abusive, obscene, discriminatory, dishonest or inappropriate. You will fully compensate us for any and all losses, costs, damages and claims arising from any such activity.
Availability of the Website
- From time to time the Website may be unavailable for use by you due to maintenance of the Website and/or alteration of our products/Services. We may alter or amend the products/Services and/or undertake maintenance at any time or for any reason.
INTELLECTUAL PROPERTY AND SOFTWARE
- We are the owner or the licensee of all intellectual property rights in the Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
- You must not use any part of the materials on the Website for any commercial purposes without obtaining a licence to do so from us or our licensors.
- You may print off one copy, and may download extracts, of any page(s) from the Website for your personal reference only.
- You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
- Our status (and that of any identified contributors) as the authors of material on the Website must always be acknowledged.
- Nothing in these Terms & Conditions affects our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law. Your statutory rights remain unaffected and we shall use reasonable care when providing you services pursuant to these Terms & Conditions.
- If we fail to comply with these Terms & Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of that non-compliance or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
- The Website and the Services (including all material and information displayed on or via the Website and the Services) are provided without any guarantees, conditions or warranties as to their accuracy. Save where otherwise set out in these Terms and Conditions, and to the extent permitted by Applicable Law, we hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and we exclude all liability for:
- any losses that were not foreseeable to both parties when the contract between us was formed;
- any losses arising from your breach of these Terms & Conditions;
- any losses which are not caused by a breach of these Terms & Conditions on our part;
- the accuracy of any information services provided (including, without limitation, scorers, runners, times, results or general statistics) or any live scores, statistics and intermediate results shown on our Websites which are provided by third parties;
- any losses you incur resulting from failure by us to implement a self-exclusion agreement with you from time to time; and
- business losses.
- Subject to the preceding paragraph, and other than in relation to the payment of Winnings lawfully won, our liability to you pursuant to these Terms & Conditions shall not exceed:
- in the case of any liability which relates to a specific Gambling Transaction, the amount of the stake wagered; or
- in the case of any other matters, an aggregate of five thousand pounds (£5,000).
- We supply the Services for domestic and private use. If you use the Services for any commercial, business or re-sale purpose, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- Where we provide links to other websites, we do so for information purposes only and you use any such links at your own risk. We accept no responsibility for the content or use of any other websites or for the information contained on them.
- You agree to compensate us (and our subsidiaries, employees, agents and/or partners) from any claims, liabilities, costs and expenses that may arise as a result of your breach of these Terms & Conditions
Changes to the Terms & Conditions
- These Terms & Conditions are subject to change and we reserve the right to change them at any time.
- Where we intend to make significant changes to the Terms & Conditions we will notify you before they come into effect using one of the following methods:
- email (to the email address registered on your Account); and/or
- a notice/pop up on the Website.
- If you do not wish accept any changes that have been made to these Terms & Conditions then you should stop using the Website and the Services. Any bets or wagers received but not settled prior to the introduction of the new Terms & Conditions will be subject to the version of the Terms & Conditions applicable at the time the bet or wager was received.
Complaints and Dispute Resolution
- If you have any complaint with regards to the Website or any of our Services, please first contact our Customer Services team (using the contact details here) in order for this to be internally reviewed.
- If, after our internal process has been fully exhausted, you remain unsatisfied as to the outcome of your complaint, you have a right to escalate this complaint to the Independent Betting Service (IBAS), our independent Alternative Dispute Resolution (ADR) body. You have free right of access to the ADR function.
- You can find the IBAS adjudication form online, at ibas-uk.com, or you can request a form by phone by calling 020 7347 5883. You can also write to:
PO Box 62639
Alternatively, you may also file your complaint through the Online Dispute Resolution (ODR) Platform which can be accessed through this link: https://ec.europa.eu/consumers/odr/main/.
Events beyond our control
- We shall not be in breach of these Terms & Conditions nor be liable for delay in performing, or failure to perform, any of our obligations under these Terms & Conditions if such delay or failure results from events, circumstances or causes beyond our reasonable control.
- Our failure or delay in enforcing or partially enforcing any term of these Terms & Conditions shall not be interpreted as a waiver of any of our rights or remedies. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
- If any provision of these Terms & Conditions is held by any competent authority to be invalid, void, voidable, unenforceable or unreasonable in whole or in part, the validity of the other provisions of these Terms & Conditions and the remainder of the provision in question shall continue in full force and effect.
- These Terms & Conditions, including any document expressly referred to in them, represent the entire agreement between you and us and replace any prior agreement, understanding or arrangement between you and us. We each acknowledge that neither of us has relied on any representation, undertaking or promise made by the other except as expressly stated in these Terms & Conditions.
Transfer of agreement
- We may at any time assign or transfer any or all of our rights and obligations under these Terms & Conditions. In particular, we may assign or transfer our rights and obligations to any purchaser of all or part of our business. We may also subcontract or delegate in any manner any or all of our obligations under these Terms & Conditions to any third party or agent.
- These Terms & Conditions are personal to you and you may not assign, sub-license or otherwise transfer in any manner whatsoever any of your rights or obligations under these Terms & Conditions.
Governing law and jurisdiction
- These terms and conditions are governed by English law and we both agree to submit to the exclusive jurisdiction of the English Courts.
APPENDIX: END-USER LICENSE AGREEMENT
THIS WEBSITE IS OPERATING THE GAMING SOFTWARE PLATFORM OF PLAYTECH SOFTWARE LIMITED AND IT'S GROUP COMPANIES (THE "VENDOR") UNDER A LICENSE FROM VENDOR. A CONDITION TO YOUR DOWNLOADING OR OTHERWISE USING THE SOFTWARE (AS DEFINED BELOW) IS THAT YOU ENTER INTO THE FOLLOWING LEGALLY BINDING SUB-LICENSE AGREEMENT WITH US, WHICH GOVERNS YOUR USE OF THE SOFTWARE. PLEASE READ THIS AGREEMENT CAREFULLY TO MAKE SURE YOU FULLY UNDERSTAND ITS CONTENT. IF YOU HAVE ANY DOUBTS ABOUT YOUR RIGHTS AND OBLIGATIONS RESULTING FROM THE ACCEPTANCE OF THIS AGREEMENT, PLEASE CONSULT AN ATTORNEY OR OTHER LEGAL ADVISOR IN YOUR JURISDICTION.
IMPORTANT: PERSONS LOCATED IN CERTAIN TERRITORIES, CURRENTLY INCLUDING THE UNITED STATES OF AMERICA AND ITS TERRITORIES, ISRAEL AND THE COUNTRIES SPECIFIED AS PROHIBITED, EXCLUDED OR SIMILAR AS PART OF THE TERMS AND CONDITIONS AND/OR LIST ON THE WEBSITE, IN EACH CASE AS SUPPLEMENTED FROM TIME TO TIME (THE "PROHIBITED JURISDICTIONS") ARE NOT PERMITTED TO USE THE SOFTWARE IN ANY WAY OR MANNER IN CONNECTION WITH ANY REAL MONEY PLAY. TO REMOVE ANY DOUBT, THIS RESTRICTION ALSO APPLIES TO RESIDENTS AND CITIZENS OF OTHER NATIONS WHILE LOCATED IN A PROHIBITED JURISDICTION. THE FACT THAT THE WEBSITE IS ACCESSIBLE IN A PROHIBITED JURISDICTION, OR THAT THE SOFTWARE ALLOWS THE USE OF THE OFFICIAL LANGUAGE OF A PROHIBITED JURISDICTION, SHALL NOT BE CONSTRUED AS A LICENSE TO USE THE SOFTWARE IN SUCH PROHIBITED JURISDICTION. ANY ATTEMPT TO CIRCUMVENT THIS RESTRICTION, FOR EXAMPLE, BY USING A VPN, PROXY OR SIMILAR SERVICE THAT MASKS OR MANIPULATES THE IDENTIFICATION OF YOUR REAL LOCATION, OR BY OTHERWISE PROVIDING FALSE OR MISLEADING INFORMATION REGARDING YOUR CITIZENSHIP, LOCATION OR PLACE OF RESIDENCE, OR BY MAKING BETS OR WAGERS USING THE SOFTWARE THROUGH A THIRD PARTY OR ON BEHALF OF A THIRD PARTY LOCATED IN A PROHIBITED JURISDICTION IS A BREACH OF THIS AGREEMENT AND MAY CONSTITUTE A CRIMINAL OFFENSE. IF IT BECOMES APPARENT, OR WE HAVE REASONABLE GROUNDS TO SUSPECT, THAT YOU ARE LOCATED IN ANY OF THE PROHIBITED JURISDICTIONS, THIS MAY RESULT IN CLOSING YOUR PLAYER ACCOUNT, WITHOUT AN OBLIGATION TO PROVIDE YOU WITH ADVANCE NOTICE, FREEZING THE FUNDS THEREIN AND PROVIDING THE APPLICABLE DETAILS TO VENDOR AND/OR RELEVANT AUTHORITIES, ALL IN ACCORDANCE WITH APPLICABLE LAWS AND AGREEMENTS, AND YOU SHALL BE LIABLE TO US FOR ANY DAMAGE OR LOSS RESULTING THEREFROM.
BY ACCEPTING THE TERMS AND CONDITIONS (INCLUDING BY TICKING THE "I AGREE" BOX) ("ACCEPTANCE"), YOU AGREE TO THE USE OF ELECTRONIC COMMUNICATIONS IN ORDER TO ENTER INTO CONTRACTS, AND YOU WAIVE ANY RIGHTS OR REQUIREMENTS UNDER APPLICABLE LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. YOU ALSO CONFIRM THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF THIS AGREEMENT, DO NOT ACCEPT THE TERMS AND CONDITIONS AND DO NOT CONTINUE TO DOWNLOAD, INSTALL OR OTHERWISE USE THE SOFTWARE.
The following words and terms, when used in this agreement, shall have the following meanings, unless the context clearly indicates otherwise:
1.1. "Assistance Programs" means any artificial intelligence including, without limitation, ‘robots' and/or any other computer generated program used to interact with the Software in aid or in place of a player.
1.2. "IP Rights" means any and all intellectual property rights, of all types or nature whatsoever, including, without limitation, patent, copyright, design rights, trade marks, data base rights, applications for any of the above, moral rights, know-how, trade secrets, domain names, URL, trade names or any other intellectual or industrial property rights (and any licenses in connection with any of the same), whether or not registered or capable of registration, and whether subsisting in any specific country or countries or any other part of the world.
1.3. "Online Games" means Our internet gaming system on the Website and related services and gaming activities (including, but not limited to, online casino, online bingo, online poker and any other games) offered on the Website.
1.4. "Player Account" means a personal account opened by an individual and maintained with Us to enable that person to play the Online Games;
1.5. "Poker Room" means the poker room and/or any other poker gaming activities offered by Us on our Website and/or on Our downloadable poker client;
1.6. "Software" means the software required to be downloaded, accessed or otherwise utilized by You from the Website for the purpose of participating in the Online Games, including the related documentation and including any enhancements, modifications, additions, translations or updates to such software.
1.7. "Us", "We", "Our" and similar terms mean VFA Limited.
1.8. "Website" means www.bingowithkerry.com and any related sites on which the Online Games are accessible via links or any other access way.
1.9. "You", Your" and similar terms mean the user of the Software downloaded from the Website.
- SUBJECT MATTER OF AGREEMENT
2.1 The rules for:
2.1.1 sports betting can be found here;
2.1.2 poker can be found here; and
2.1.3 any of the Online Games you play (as set out in the game itself or in the "Help" section) as well as other sections of the Software and the Website, including but not limited to, rules describing how to play the Online Games, tournaments, and any other rules governing particular game, event and tournament. All such rules are incorporated and included under the term and conditions set out herein.
- LICENSE TO USE THE SOFTWARE; RESTRICTIONS
3.1. We hereby grant to You a limited, personal, non-transferable, non-exclusive, worldwide (except as noted below) license to download, access and otherwise utilize the Software on Your device, in order to play the Online Games, in accordance with this agreement.
3.2. This license applies only to the object code of the Software (i.e., the compiled, assembled, or machine executable version of the Software) and does not grant you any rights whatsoever with respect to the source code of the Software.
3.3. Notwithstanding anything to the contrary herein, persons located in the Prohibited Jurisdictions are not permitted to use the Software in any way or manner in connection with any real-money play. To remove any doubt, this restriction also applies to residents and citizens of other nations while located in a Prohibited Jurisdiction. This license does not apply to, and does not allow You the use of the Software in or from any Prohibited Jurisdictions, and the fact that the Website is accessible in a Prohibited Jurisdiction, or that the Software allows the use of the official language of a Prohibited Jurisdiction, shall not be construed as a license to use the Software in such Prohibited Jurisdiction. Any attempt to circumvent this restriction, for example, by using a VPN, proxy or similar service that masks or manipulates the identification of Your real location, or by otherwise providing false or misleading information regarding your location, citizenship, or place of residence, or by making bets or wagers using the Software through a third party or on behalf of a third party located in a Prohibited Jurisdiction, is a breach of this agreement and may constitute a criminal offense under applicable laws. If it becomes apparent, or We have reasonable grounds to suspect, that You are located in any of the Prohibited Jurisdictions, this may result in closing Your Player Account, without an obligation to provide You with advance notice, freezing the funds therein and providing the applicable details to Vendor and/or relevant authorities, all in accordance with applicable laws and agreements, and You shall be liable to Us for any damage or loss resulting therefrom. IT IS YOUR DUTY TO CONSULT AND CHECK REGULARLY OUR WEBSITE REGARDING THE LIST OF THE PROHIBITED JURISDICTIONS.
3.4. We reserve any and all rights not expressly granted in Section 3.1 above. In addition, You are not permitted to, and You agree not to permit or assist others to:
3.4.1. use, copy, modify, create derivative works from or distribute the Software, any part of it, or any copy, adaptation, transcription, or merged portion of it;
3.4.2. decode, reverse engineer, disassemble, decompile or otherwise translate or convert the Software or any part of it;
3.4.3. transfer, loan, lease, assign, rent, or otherwise sublicense the Software;
3.4.4. remove any copyright, proprietary or similar notices from the Software (or any copies of it);
3.4.5. operate the Software or any part of it for the benefit of or on behalf of any third party, including by way of ‘bulletin board', online service or remote dial-in, application service provider services, internet service provider services, timesharing arrangements, outsourcing services or bureau services;
3.4.6. copy or translate any user documentation provided online or in electronic format;
3.4.7. enter, access or attempt to enter or access or otherwise bypass Our security system or interfere in any way (including but not limited to, robots and similar devices) with the Poker Room or the Website or attempt to make any changes to the Software and/or any features or components thereof; or
3.4.8. use any Assistance Programs in connection with the Software and/or the Online Games. You are prohibited from any interaction within the Online Games that is not the direct result of You personally utilizing the Software for the purpose for which it was intended.
3.5. You acknowledge and agree that We may take steps to detect and prevent the use of Assistance Programs. These steps may include, but are not limited to, examination of software programs running concurrently with the Software on Your device. You agree that you will not attempt to bypass, interfere with, or block such steps, including, without limitation, the use of third party software that bypasses, interferes with, or blocks such steps. Any attempt to restrict Us in this matter will entitle Us to immediately suspend the availability of the Software to You and You shall immediately forfeit any winnings.
3.6. You acknowledge and agree that all IP Rights, title and interest in and to the Software, including in and to any modification, enhancement, adaptation, translation or other change of or addition to the Software, belong exclusively to the Vendor, even if developed based on ideas, suggestions or proposals by You or any other third party. By accepting this agreement, You irrevocably assign to the Vendor all right, title, and interest You may have or may acquire in and to all such rights, including, without limitation, patent, copyright, trademark, trade secret or know how, and You agree to sign and deliver to the Vendor such documents as Vendor considers desirable to evidence or effect the assignment of all of the aforesaid rights to the Vendor. You agree not to, directly or indirectly, attempt to invalidate for any reason whatsoever, or assert, or assist the assertion by others, that the rights, title or interest in the Software belong to any third party other than the Vendor, or that they infringe the IP Rights of others.
- YOUR DUTY TO EXAMINE LEGALITY OF USE
You confirm that You are older than 18 years, and in any event of legal age as determined by the laws of the country where you are located. You also confirm that You are aware of the legal issues relating to the operation of online gambling sites, and that You understand that We and the Vendor are not warranting in any way or manner that the use of the Software for the purposes of gambling, as such term is commonly understood in the industry, is legal in any jurisdiction.
Given the changes in the legal status of online gambling in various jurisdictions, You undertake to examine the legality of Your participation in the Online Games and use of the Software in each jurisdiction that is applicable to You and to do the same only in compliance with all applicable laws and orders of any competent authority.
- DISCLAIMER OF WARRANTIES
THE SOFTWARE IS MADE AVAILABLE TO YOU HEREUNDER ON AN ‘AS IS' BASIS, WITHOUT ANY UNDERTAKINGS, WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE.
WE AND THE VENDOR, AND ALL OF THEIR AFFILIATES AND RELATED PARTIES, HEREBY EXCLUDE AND DISCLAIM ANY AND ALL IMPLIED TERMS, CONDITIONS AND WARRANTIES (INCLUDING ANY WARRNATY OF MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR ANY PARTICULAR PURPOSE), AND, WITHOUT LIMITING THE GENERALITY OF THE AFORESAID, WE AND THE VENDOR DO NOT WARRANT, AMONG OTHER THINGS, THAT (A) THE SOFTWARE WILL BE NON-INFRINGING, (B) THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE IS VIRUS-FREE; (C) THE SOFTWARE IS OF SATISFACTORY QUALITY OR FIT FOR ANY PARTICULAR PURPOSE; OR (D) USE BY YOU OF THE SOFTWARE WITH ANY OTHER SOFTWARE, OR WITH INAPPROPRIATE HARDWARE, WILL NOT CAUSE ANY DISTURBANCE TO THE SOFTWARE OR TO SUCH OTHER SOFTWARE.
IN THE EVENT OF COMMUNICATIONS OR SYSTEM ERRORS OCCURING IN CONNECTION WITH THE SOFTWARE, NEITHER WE NOR THE VENDOR NOR THEIR AFFILIATES AND RELATED PARTIES WILL BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY COSTS, EXPENSES, LOSSES OR CLAIMS ARISING OR RESULTING FROM SUCH ERRORS.
NEITHER WE NOR OUR AFFILIATES AND RELATED PARTIES WILL BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR PAYMENTS MADE TO YOU AS A RESULT OF A DEFECT OR ERROR IN THE SOFTWARE, OR IN CONNECTION WITH ANY CLAIM OR DEMAND MADE BY THE VENDOR OR ANY THIRD PARTY FOR THE RETURN OF SUCH PAYMENTS OR OTHERWISE IN CONNECTION WITH SUCH PAYMENTS.
You hereby acknowledge that it is not in Our control how the Software is used by You. You load and use the Software at Your own risk and in no event shall We be liable to you for any direct, consequential, incidental or special damage or loss of any kind (except personal injury or death resulting from Our negligence).
The Software includes non-public and confidential information, which is secret and valuable to Us or the Vendor. You agree, as long as You use the Software and thereafter, to (a) keep all such confidential information strictly confidential; (b) not to disclose such confidential information to a third party, and not to use such confidential information for any purpose other than participating in the Online Games. You further agree to take all reasonable steps at all times to protect and keep confidential such confidential information.
- YOUR WARRANTIES AND REPRESENTATIONS
You warrant and represent to Us that:
7.1. You are not a resident of any of the Prohibited Jurisdictions; and
7.2. You have examined the legality of Your participation in the Online Games and use of the Software in each jurisdiction that is applicable to You, and have found the same to be legal in such jurisdictions under all applicable laws and orders of any competent authority.
- CHANGES TO THE AGREEMENT
8.1. We may make changes to this Agreement at any time, at our sole discretion. Such changes will take effect from the date specified by us on the Website, whether or not We have notified You specifically of such changes. It is important, therefore, that You log in to the Website from time to time to check to see whether there is a notification of change.
8.2. You agree to be solely responsible for becoming informed of such changes. If You continue to use the Software or the Online Games after the effective date of certain changes (regardless of the way We have notified such changes), You agree to be bound by those changes whether or not You have had actual notice of, or have read, the relevant changes. If You do not agree to be bound by relevant changes, You should not continue to use the Software or the Online Games any further.
- TERM AND TERMINATION
9.1. This agreement is effective, and binding upon You, from the moment of Your Acceptance, and shall remain in force unless terminated in accordance with the provisions hereof.
9.2. You may terminate this agreement with immediate effect at any time, subject to the terms of Section 9.4. Termination by You shall be effected by sending Us written notice of the termination of Your participation on the Website and the Online Games and closure of Your account with Us.
9.3. We may terminate this agreement with immediate effect at any time, by written notice to You.
9.4. Upon any termination of this agreement, whether by Us or by You, You agree and acknowledge that (i) Your rights to use the Software shall immediately terminate, and (ii) You will cease any and all use of the Software, and (iii) You will remove the Software from your computer, hard drives, networks and other storage material.
- NO CLAIMS AGAINST VENDOR; LIMITATION OF LIABILTY
10.1. You understand and agree that We will be solely responsible to You under this agreement, and while Your commitments under this agreement are also for the benefit of the Vendor, its affiliates and related parties (and can therefore be enforced by them too), Vendor, its affiliates and related parties are not parties to this agreement and will not be liable for any damages of any kind whatsoever caused to You or any third party, regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise.
10.2. You are free to choose whether to download and use the Software. If You do so, You acknowledge that You do it with the full understanding of this agreement, including the provisions of this Section 10, and at Your own risk. IN NO EVENT SHALL WE (AND FOR THE AVOIDANCE OF DOUBT, ALSO VENDOR) OR ANY OF THEIR AFFILIATES AND RELATED PARTIES, IN AGGREGATE:
10.2.1. BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL OR SPECIAL DAMAGE OR LOSS OF ANY KIND WHATSOEVER; OR LOSS OF BUSINESS, PROFITS, REVENUE, CONTRACTS OR ANTICIPATED SAVINGS; OR LOSS OR DAMAGE ARISING FROM LOSS, DAMAGE OR CORRUPTION OF ANY DATA; or
10.2.2. BE LIABLE TO YOU WITH RESPECT TO ANY AND ALL CLAIMS AT ANY AND ALL TIMES ARISING FROM OR RELATING TO THIS AGREEMENT, HOWSOEVER ARISING UNDER CONTRACT OR ANY THEORY OF LAW, FOR DAMAGES EXCEEDING THE LOWER OF (A) THE AMOUNT DEPOSITED BY YOU WITH US AND USED BY YOU FOR GAMING PURPOSES, OR (B) €1,000 (ONE THOUSAND EUROS).
- SHARED POKER ROOM NETWORK
11.1. We may participate in a shared poker room network which enables You to play poker together with other players from other poker room websites all joining the same game or the table or the tournament through a shared poker room platform managed by a third party provider of poker network services.
11.2. You therefore agree that once You join a shared poker room You will accept and comply with the rules and the terms and conditions that apply on the shared poker room including any of its games, tables, tournaments.
11.3. You acknowledge and agree that We and/or the operator of the shared poker network, at our both sole discretion, reserve the right to terminate Your game or block Your account as well as deny You from accessing the shared poker network, either from the Website or from any other websites thereafter, in the event that You violate any of the game rules or any of the terms and conditions set out hereunder.
11.4. You further acknowledge and accept that We and/or the operator of the shared poker network, reserve the right, both at our sole discretion, to collect, process and record both in our databases any information in connection with your game patterns, personal data, depositing of funds and any other related information and inquiries that will help prevent any fraud, collusion or alike improper behaviour.
12.1. Collusion Prevention
12.1.1. Collusion means a situation where two or more players attempt to earn an unfair advantage by sharing knowledge of their cards or other information at a poker table. Any player who attempts to or colludes with any other player while using the Poker Room will be prohibited from ever using the Poker Room or the Website or the Software or any of our other related services and their player account will be terminated effective immediately. We will do our best to investigate complaints received against players suspected of collusion. If We will suspect of a collusive behaviour during a game, We may, in Our sole discretion, terminate the suspected players' access to the Poker Room and/or block their accounts. We will not be liable under any circumstances whatsoever for any loss You or any other player may accrue as a result of the collusive or otherwise unlawful activity and We will not be further obliged to take any other actions in any event of suspected of collusion, fraudulent or fraud.
- YOUR RESPONSIBILITIES
You shall not transfer in any way whatsoever Your rights under this agreement without our prior written consent.
- YOUR WARRANTIES AND REPRESENTATIONS
You warrant and represent that:
14.1. You are not colluding or attempting to collude or intending to participate, directly or indirectly, in any collusion scheme with any other player in the course of any game You play or will play on the Poker Room.
14.2. You are over the age of eighteen.
- RESERVATION OF RIGHTS
15.1. We reserve, at Our sole discretion, the right to:
15.2. change, suspend, remove, modify or add any game or tournament on the Online Games.
15.4. We may at any time without prior notice to You terminate Your use of the Online Games and block Your Player Account if We considers that You are in breach of any of the terms and provisions of this agreement or that You are otherwise acting illegally. We will not be under any obligation in such circumstances to refund or otherwise reimburse You for any of the funds in Your Player Account.
- GENERAL PROVISIONS
16.1. Governing Law. The construction, validity and performance of this agreement will be governed by the laws of England.
16.2. Competent Courts. Any legal proceedings arising out of or relating to this agreement will be subject to the jurisdiction of the courts of London, England. However, this shall not prevent Us from bringing any action in the court of any other jurisdiction for injunctive or similar relief.
16.3. Severability. The illegality, invalidity or enforceability of any part of this agreement will not affect the legality, validity or enforceability of the remainder.
16.4. Language. The English language version of this agreement will prevail over any other language version issued by us.
16.5. No assignment by You. You are not allowed to assign this agreement or any rights or obligation hereunder to any other party.
16.6. Priority. This agreement shall prevail in the event of any conflict between the terms and conditions herein and any other agreement or document referred to herein or used in connection with the Software.
16.7. Notices. You agree to receive communications from Us in an electronic form. Electronic communications may be posted on the pages within the Website or the messages/help files of Your client application, or delivered to Your e-mail address. All communications in either electronic or paper format will be considered to be in ‘writing' and to have been received no later than five business days after posting or dissemination, whether or not You have received or retrieved such communication. We reserve the right, but assume no obligation, to provide communications in paper format. Any notices required to be given in writing to Us or any questions concerning this agreement should be addressed to firstname.lastname@example.org