IMPORTANT - PLEASE READ THESE GENERAL TERMS AND CONDITIONS CAREFULLY BEFORE ACCEPTING THEM. WE WILL NOT FILE OUR CONTRACT WITH YOU, SO PLEASE PRINT THESE GENERAL TERMS AND CONDITIONS FOR YOUR RECORDS, ALONG WITH THE GAME RULES AND ANY OTHER CORRESPONDENCE RELATING TO YOUR USE OF OUR SERVICES. THESE GENERAL TERMS AND CONDITIONS ARE SUBJECT TO CHANGE (AS SET OUT BELOW).
These General Terms and Conditions were last updated on Monday 9th December 2013. All previous terms and conditions are cancelled and void.
1.1 By registering an account with Sky Bet (www.skybet.com), Sky Vegas (www.skyvegas.com), Sky Poker (www.skypoker.com) or Sky Bingo (www.skybingo.com) (see Section 4 (Registering and Opening an Account)) and accepting Sky Betting & Gaming's terms, you will enter into a legally binding agreement which incorporates these general terms and conditions ("General Terms and Conditions") and the rules for each of the products and services that we offer ("Game Rules") and any applicable third party terms and conditions in respect of the use of their software (“Third Party Terms”). The General Terms and Conditions, the Game Rules and the Third Party Terms are together referred to as the "Terms and Conditions". You agree to the use of electronic communications in order to enter into these Terms and Conditions and you waive any rights or requirements under applicable laws or regulations in any jurisdiction which requires an original (non-electronic) signature, to the extent permitted under applicable law.
1.2 The products and services that Sky Betting & Gaming offers (via its websites, mobile applications and where applicable, interactive TV services) are together referred to as the "Services". Your agreement under these Terms and Conditions is with us for all the Services that you use.
1.3 The Game Rules for each of our products and services can be found by clicking on the links below:
Sky Bet's Game Rules for betting are available by clicking here
Sky Poker's Game Rules for poker are available by clicking here
Sky Vegas' Game Rules for each relevant casino game are available by clicking here
Sky Bingo's Game Rules for bingo are available by clicking here
1.4 Please note that the General Terms and Conditions shall prevail in the event of any conflict between the General Terms and Conditions and any of the Game Rules.
2.1 The Terms and Conditions are a binding legal agreement between you and Bonne Terre Limited, a company registered in Alderney (registered company number 1110) with offices located at Maison de la Paix, Wide Lane, Alderney, Channel Islands GY9 3UZ. Bonne Terre Limited is a member of the British Sky Broadcasting plc group. Bonne Terre Limited is licensed and regulated by the Alderney Gambling Control Commission (licence number: 04C1C2).
2.2 References in the Terms and Conditions to "us", "our" or "we" are references to Bonne Terre Limited, whose trading names include Sky Betting & Gaming, Sky Bet, Sky Vegas, Sky Bingo and Sky Poker. For further contact details please see Section 24 of these Terms and Conditions.
2.3 References to "you" and "your" in the Terms and Conditions are to you as the end user of the Services.
3.1 The Terms and Conditions govern your use of the Services and supersede any and all prior agreements between you and us in respect of the same.
3.2 We may need to change the Terms and Conditions from time to time (including to comply with applicable law or a change in our regulatory requirements). We will publish any changes on our websites. If we need to make a material change to the General Terms and Conditions (e.g. one which effects your rights or obligations under the General Terms and Conditions) we will give you at least 30 (thirty) days' advance notice (by emailing you and/or providing a prompt with a link to the revised terms on our websites. Your continued use of the Services following notification or, in the case of material changes, such 30 (thirty) day period will be deemed binding acceptance of the changes. If any change is unacceptable to you, you should stop using our Services and should close your Account. It is your sole responsibility to review the Terms and Conditions and any amendments to them each time you use the Services.
4.1 To use our Services, you need to register and open an account with us ("Account"). You can open an Account by clicking the "Join/Register" link on our websites, mobile applications or where applicable, interactive TV service. There are no ordinary set-up charges for opening an Account with us. When you open your Account, you will be asked to provide personal information, including (but not limited to) your first and last name, postal address, email address, date of birth and telephone number. You shall ensure that the details provided by you at registration are accurate and kept up to date. You can change some of your details at any time by editing your Account preferences using the facility provided on our websites. For further information about our collection and use of your personal information, please refer to our Privacy and Cookies Notice.
4.2 You can only open an Account with us if you fulfil our eligibility criteria and pass our anti-money laundering and verification checks as described in Section 5 (Eligibility) and Section 6 (Verification) below.
4.3 You can only register one (1) Account with us, which can then be used on all of the Services. Should we find that you have opened multiple or duplicate Accounts, without limiting any other rights or remedies available to us, we will close all but one (1) Account.
4.4 You must provide us with accurate information in relation to your Account. It is your responsibility to inform us of any changes to your personal details which may impact on the use of your Account (e.g. a change of address or new bank card details). If any of these details change, please notify us using the facility provided on our websites or mobile applications.
4.5 We reserve the right to refuse to open an Account for any reason. We will notify you of our decision as soon as reasonably possible after you have applied to open an Account. Provided that your registration application complied with our Terms and Conditions and no bets or wagers have been placed, we will send you any sum provided on deposit in respect of the failed Account by a method of payment determined by us.
4.6 Any bets or wagers placed via your Account must be for your own benefit and not for the benefit of any third party unless otherwise agreed by us in advance.
5.1 You must be 18 (eighteen) years of age or older to use the Services. By registering with us, you confirm that you are aged eighteen (18) or older. Underage gambling is a criminal offence.
5.2 Access to certain of our Services may not be legal for residents of, or persons located in, certain countries. We do not intend that the Services be used by persons in countries in which such activities are illegal. Our Services do not constitute an offer, solicitation or invitation by us for the use of, or subscription to, betting, gaming or other services in any jurisdiction in which such activities are prohibited by law. In particular, residents of the United States must not use any of the Services. We currently only accept customers based in any of the following countries: United Kingdom; Ireland; Finland; Gibraltar; and the Channel Islands but we may need to amend this list from time to time.
5.3 It is your responsibility to determine the law that applies in the location in which you are present and to ensure that you are acting legally in that jurisdiction by using our Services. If you access any of the Services from a country other than the country specified as your country of residence in the customer registration procedure, it is your responsibility to check that accessing and using the Services are not prohibited and/or restricted by local laws. We accept no liability if your use of our Services is in contravention of the laws of the country in which you are located.
5.4 If we have reasonable information to believe, in our sole discretion, that you are accessing the services in a country in which the use of the services is not legal, we shall be entitled to immediately suspend or close your Account. In the case of closure any balance on your Account on the date of closure will be refunded to you as soon as it is practicable for us to do so.
6.1 We reserve the right to ask for proof of age and address from you and may suspend your Account until you provide the requested documents.
6.2 By accepting the Terms and Conditions, you authorise us to conduct any identification, credit or other verification checks that we may require (either for our own purposes or as required by applicable law or a regulatory body), including (but not limited to) checking any or all of the details you provide when registering or changing your Account details (e.g. when you update the payment method linked to your Account). In particular, we may verify that you are 18 (eighteen) years of age or older and that you are resident in the country in which you say you are resident. You agree to provide us with any information we may need in relation to such checks.
6.3 We may supply the information that you have given us to authorised credit reference agencies, who will check the details we provide against any databases (public or private) to which they have access and will keep a record of that check. We may share information with credit reference and fraud prevention agencies for use in credit decisions, identification checks and for fraud detection and prevention purposes. You agree that we may process, use, record and disclose the personal information which you provide in connection with your registration and that such personal data may be recorded by us or the credit reference agencies.
6.4 You will not be permitted to withdraw any winnings from your Account until our verification checks have been satisfactorily completed. If we are unable to confirm that your details (including, without limitation, that you are 18 (eighteen) years of age or older), are correct within 72 (seventy two) hours of your Account being opened and money deposited, your Account will be frozen. No further gambling will be permitted until age and identify verification checks have been successfully completed.
6.5 As well as the other checks we may undertake, you may be required to provide proof of identity to assist us with age verification. If requested by us, you will need to send us a copy of your passport, driver's licence or birth certificate for these purposes. These documents must be mailed, faxed or emailed to us at: Sky Betting & Gaming, Ground Floor, 2 Wellington Place, Wellington Street, Leeds LS1 4AP; Fax: + 44 1423 700 882; email: via our online submit service at https://support.skybet.com/app/ask or alternatively to firstname.lastname@example.org
6.6 Whilst these additional checks are not generally required for credit card users, we reserve the right to request such documentation prior to processing a withdrawal should circumstances dictate.
7.1 When you register with us, you will be able to choose a unique User ID and Pin for your Account. Once you've set your User ID, we're unable to change it for you. If you wish to change your Pin, you may do so within the My Account section.
7.2 You may not in any circumstances nominate or allow any person to be an authorised user of your Account. It is your responsibility to ensure that you do not reveal your User ID and Pin to anyone else. We shall be entitled to assume that all bets or wagers placed when your User ID and Pin have been entered correctly are valid and made by you, whether or not such transactions were authorised by you. We shall not be liable for any claims in the event that you disclose your User ID and Pin to anyone else or where your negligence or deliberate act has contributed to such third party access to your Account.
7.3 It is your sole responsibility to maintain the confidentiality and security of your Account information, User ID and Pin. If young persons are sharing or have access to your devices, you may wish to install parental control software. You should change your Pin on a regular basis via the link on our websites and/or mobile applications. You should notify us of any unauthorised use of your Account as soon as you suspect it or otherwise become aware of it.
7.4 If you enter your Pin incorrectly 5 (five) or more times, your Account will be locked for security purposes. If you lose or forget your User ID and/or Pin you can retrieve the details or if you need to, unlock your Account using the tools provided on our websites and/or mobile applications. Alternatively, you can contact our Customer Care Team by telephone, live chat, email or by mail and subject to sufficient security and verification checks we will reset your User ID and/or Pin for you. If you suspect that someone else has obtained your User ID and Pin, you must contact our Customer Care Team immediately.
8.1 To make a deposit, click on the "Deposit" link of any of our websites or the mobile application or call our Customer Contact Team. It is also possible to deposit funds whilst playing a game such as Poker or Roulette. To do so, click the “Account” or “Cashier” button within the game window and follow the onscreen instructions to enter the amount you wish to deposit, which payment method you wish to deposit from, your security credentials (e.g. Cv2) and then click on the deposit button to process the payment.
8.2 All amounts paid into your Account must be by debit card (Visa Debit, Maestro, Visa Electron or Laser), credit card (MasterCard, Visa) or using an online payment service (PayPal, Neteller or Skrill). All deposits may be subject to your bank and/or payment provider’s authorisation and we accept no liability where this is not provided.
8.3 When using a debit card, credit card or online payment service, you must make sure that the name on the card or payment service is the same as the name used for your Account. We are entitled to assume that you are using your own funds and we accept no liability where that is not the case.
8.4 The maximum number of payment methods that may be registered on your Account at any given time is three (3) debit or credit cards and one of each online payment service. To change your payment method, please use the facility provided on the websites and/or mobile applications or contact our Customer Care Team.
8.5 We operate a "Net Deposit" facility, as set out in Section 10 (Withdrawals) below. You can only remove a payment method from your Account if the Net Deposit on all payment methods is zero (or below). If you no longer have the payment method that has "Net Deposits" on your Account then please contact our Customer Care Team and, depending on whether you have added a replacement to your Account and the outcome of a number of routine security checks, we may be able to remove the payment method from your Account. Please be advised that in some cases we may require additional documentation confirming that the payment method is no longer active before we can remove the payment method.
8.6 All deposits must be in the currencies available on the Services from time to time, which currently includes British Pounds Sterling and Euros.
8.7 The minimum deposit is £5 (five pounds sterling) as may be amended from time to time or the equivalent amount in your chosen currency.
8.8 We reserve the right to change the minimum deposit without prior notice. We will publish any change to the minimum deposit amount on our websites.
8.9 We will never charge you for making a deposit. However, certain banks may charge if they classify the deposit as a "cash" transaction. Please ask your bank for more details.
8.10 Your deposit will be available in your Account as soon as your bank authorises the amount you choose to deposit. Deposits will usually show as "www.skybet.com" on your statement.
8.11 Funds in your Account do not bear interest and are deemed to be advance payments for intended transactions.
8.12 We are not a bank and monies deposited with us are held in a normal bank account in the name of Bonne Terre Limited. Please see Section 30 (Keeping Your Money Safe) for more information.
8.13 You should only deposit money in your Account for the purposes of using such money on our Services. We shall be entitled to suspend or close your Account if we reasonably believe that you are depositing money without any intention to use such money on our Services. In such circumstances we may also report you to the relevant authorities.
9.1 Subject to these Terms and Conditions, we will credit your Account with your winnings as soon as practicable.
9.2 The maximum winnings for one Account in any one calendar day (00:00 - 23:59) shall be no greater than £250,000 or the equivalent amount in your chosen currency. The maximum amounts that can be won may vary depending on the particular Service and will be set out in the relevant Game Rules. Please note that these restrictions apply regardless of stake. Winnings will usually be paid without you needing to make a claim. If you believe that you have not received any winnings due to you then you should notify us as soon as possible and provide evidence for your claim. No claim for winnings may be made more than six months after the date on which the relevant event took place.
9.3 We reserve the right to suspend the payment of winnings in the event of the occurrence of an event outside our control (see Section 19 (Events Outside our Control)). We will endeavour to pay you any winnings due to you as soon as the relevant event outside our control has ceased.
9.4 You are responsible for reporting your winnings and losses if such reporting is required by your local law or tax authorities. It is your responsibility to pay any tax or levy due on any winnings paid to you by us.
9.5 If we credit winnings to your Account in error, those funds are not available for use and we will void any transactions involving such funds. We reserve the right to, at any time, withdraw the relevant amount from your Account and/or reverse the transaction.
10.1 Subject to these Terms and Conditions, monies will remain in your Account unless you submit an online request for an amount up to the outstanding balance to be transferred to the debit card, credit card or online payment service with which you originally deposited monies in your Account.
10.2 To withdraw funds from your Account, visit the My Account section, or call our Customer Contact Team
10.3 We operate a "Net Deposit" facility as part of our regulatory requirements and to combat money laundering, card theft and fraud. This means that you can only withdraw funds using the payment method with which those funds were originally deposited. When you are ready to withdraw funds you will see a "Net Deposit" amount next to each payment method registered on your Account, which will reflect the transactions carried out with that particular payment method over the previous 273 (two hundred and seventy three days). The "Net Deposit" amount is calculated by subtracting your total withdrawals from your total deposits for that payment method, meaning that you can only withdraw funds back to the payment method they came from. Where all your "Net Deposits" are zero (or below), you will be able to withdraw any extra funds in your Account back to any registered payment method. For an example of how "Net Deposits" work, see here.
10.4 A small number of credit cards - including international MasterCard and Visa cards issued in a restricted country (as well as certain UK credit cards) - do not allow us to pay funds back to your credit card. If you are using one of these credit cards you will be notified when you attempt to make a withdrawal and we can arrange for your funds to be paid back to the bank account of your choice (documentary evidence will be required).
10.5 Once you have submitted a withdrawal request, you will receive a confirmation message that the transfer has been actioned and the balance of your Account will then clear to zero or the balance of the amount not withdrawn. If you reduce the balance of your Account down to zero, to place any further entries you will need to transfer a minimum deposit of £5 (or other amounts as may be applicable at that time) into your Account.
10.6 Where funds are transferred, they will leave us at the close of business on the working day on which such transfer was requested and will be credited to the debit card, credit card or online payment service that you have registered with us. These funds will be subject to a clearance period determined by the card issuing bank (normally 2-5 working days) or online payment service (normally same day).
10.7 At our discretion, requests for withdrawals may be held for approval before being processed.
10.8 The minimum withdrawal is £10 (or its equivalent in another currency) as may be amended from time to time. The maximum aggregate amount you can withdraw in one calendar day is £50,000 (or its equivalent in another currency). Please note that your bank or card provider may also have restrictions.
10.9 We reserve the right to change the minimum and maximum withdrawal levels at our sole discretion. We will publish any changes on our websites in accordance with Section 3.2 (Changes to the Terms and Conditions) above,
10.10 We do not make a charge for withdrawals to online payment services, UK debit cards, UK credit cards or to international Visa cards issued in non-restricted countries. Please consult your card-issuer for a list of relevant non-restricted countries. We do not allow any transfer of funds between our customers' Accounts. We may charge for withdrawals made to a non-UK card.
11.1 We reserve the right to suspend, modify, remove and/or add a product to the Services in our sole discretion with immediate effect and without notice.
11.2 You must not misuse our websites by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to: our websites; the servers on which our websites are stored; or, any server, computer or database connected to our websites, interactive TV service or mobile applications. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them.
11.3 You agree that you will not use the Services in any way that may lead to the encouragement, procurement or carrying out of any criminal or unlawful activity, or cause distress, harm or inconvenience to any other person.
11.4 You agree that you will not use the Services in any way other than for your personal use and for your own benefit. Any bets or wagers placed through your Account that are not for your own benefit (including for the avoidance of doubt placed in connection with any bet management or brokerage service) are forbidden unless agreed by us (in writing) in advance.
11.5 You agree not to give any indication that you have any commercial relationship with us or that you are our agent.
11.6 The information which we or third parties provide (including results, statistics, fixture lists, odds and betting figures) on our websites and Services is for your personal use only and the distribution or commercial exploitation of such information by you is strictly prohibited. We do not give any commitment in relation to the uninterrupted provision of such information, its accuracy or the results obtained through its use. No information which we or third parties provide on our websites and Services is intended to amount to advice or recommendations and is provided for information purposes only. All bets are made at your own risk.
11.7 We do not guarantee which products will be available on our Services. The Services are provided on an 'as is' and 'as available' basis. We cannot promise that the Services will be free from errors or omissions nor that they will be available uninterrupted and in a fully operating condition.
11.8 We will provide the Services with the reasonable skill and care as described in these Terms and Conditions. We do not make any other promises about how the Services will be provided.
11.9 In order for you to use certain Services in particular our Sky Vegas and Sky Bingo Services it may be necessary to provide you with software provided by a third party. The provider of such software may require you to agree to additional terms and conditions governing the use of their products including: (i) individual game supplier rules in respect of the games on our Sky Vegas Services; and (ii) Playtech Software Limited in respect of our Sky Bingo Services (see Appendix A). If you do not accept those third party terms and conditions, do not use the relevant third party software. You shall not interfere with, modify or reverse engineer any software provided to you by us or any third party. We do not accept any liability in respect of any third party software.
11.10 We receive commentaries, news feeds, scores and other content from a number of third parties, which may carry terms and conditions governing their use. We do not accept any liability in respect of such content. Where the Services link to third party websites, content and resources this does not constitute an endorsement by us of that third party’s website or their products or services and we do not accept any liability in respect of your use of such sites.
12.1 You may only place a bet or wager up to the value of the cleared funds in your Account. We do not offer any credit. We reserve the right to void any bet or wager which we may have accepted by mistake when your Account did not have sufficient cleared funds.
12.2 We only accept bets or wagers made online (including via our mobile applications) or where available, via our interactive TV service. Bets and wagers are not accepted in other way, including by email, post or fax, and will not be valid if received in such a way.
12.3 It is your responsibility to ensure that the details of your bet or wager are correct. Once a bet or wager has been confirmed by us, you may not cancel or change it without our consent. If you've placed a bet or wager and wish to cancel or change it, please contact our Customer Care Team before the event has started and we will consider your request, although any decision will be at our sole discretion.
12.4 Bets or wagers made online, via our mobile applications or where available, interactive TV service are not guaranteed unless you receive an on screen receipt from us which is confirmation that the bet is accepted. Where we agree to take bets made by telephone, any bet will only be valid if an operator has read back all details of the bet to you and confirmed to you that the bet has been successfully processed and accepted by us. The process for placing wagers may vary depending on the applicable Game Rules but in any event a wager will only be valid where you receive confirmation from us of the details of the wager and that the wager has been accepted.
13.1 We reserve the right to refuse all or any part of a bet or wager, void any accepted bet or wager and withhold settlement if we have reason to believe:
13.1.1 you have insufficient funds in your Account;
13.1.2 you are under 18 (eighteen) years of age;
13.1.3 you are involved in fraud, money laundering, collusion, match rigging or cheating of any kind;
13.1.4 you are in a jurisdiction (or a resident of a jurisdiction) that renders the provision of our products to you or your use of them illegal;
13.1.5 you are in breach of the relevant Game Rules;
13.1.6 you are found to be using multiple Accounts or a duplicate Account; or
13.1.7 a bet or wager may breach the governing rules of the relevant sport or event in question or jeopardise the integrity of the sport or event in question.
14.1 We will not tolerate fraudulent activity or cheating. If, we consider that you have used the Services in an unfair manner or have deliberately taken unfair advantage of us, any game on our website (including the exploitation of a fault, loophole or error in our or any third party’s software used in connection with the Services or any game on our website), attempted to defraud us, any other customer or any person in any way, including (but not limited to) payment fraud, or if we suspect you of fraudulent payment, including use of stolen debit/credit cards, transfer/receipt of funds to other customer accounts (chip dumping), forgery, collusion, cheating and the provision of false registration data or any other fraudulent activity or prohibited transaction (including but not limited to money laundering), we reserve the right to suspend and/or close your Account, withhold any or all winnings and share information (together with your identity) with the police and other appropriate authorities.
14.2 You will not in any way interfere, interrupt, attempt to interrupt, or attempt to manipulate the operations of our Services or the normal play of any of our products. Failure to comply with this rule may lead to your exclusion from our Services without any compensation and to possible criminal and civil investigations. In particular, you will not use or attempt to use any artificial intelligence, automated players (bots) or player assistance software but will play personally via the interfaces provided by us only.
14.3 Collusion between you and any of our other customers, as determined at our sole discretion, by sharing “hole” cards or by any other methods is strictly forbidden. To detect collusion, we use sophisticated software to analyse hands, game play history and suspicious activities. Our system monitors card history, betting patterns, player history and gameplay, including all bets, for all customers, up to and including the last round of betting where applicable. We also look at various other sources of information as part of our anti-collusion checks. We reserve the right, in addition to other measures, to restrict seating and/or to prohibit customers from playing at a particular poker table or in a tournament, including restricting two or more customers from playing together at the same table or in the same tournament and you agree to cooperate fully with us in respect of such measures and to investigate any such activity.
14.4 Where we believe that "match-rigging" has taken place, either as a result of the size or volume of bets received, or from other evidence (including where you are suspected of improper activity with any other online gambling site or services), or where the integrity of an individual event is called to question, we reserve the right to withdraw an offer, withhold payment and ultimately to declare bets on that event void.
14.5 We strictly prohibit the use of any third party external player assistance programs or software ("EPA Programs") which are designed to provide an "Unfair Advantage" to customers. EPA Programs include computer software, websites, subscription services and non-software-based databases, systems or profiles which are used by customers in connection with our Services. An "Unfair Advantage" means any instance in which a customer accesses or compiles information on other customers (including the tracking of customers through the use of such automated software) beyond that which the customer has personally observed through the customer’s own game play (other than information or services provided to customers directly by us) and/or otherwise exploits or participates in the exploitation of a fault, loophole or error in our or any third party's software and uses it to the disadvantage of us, the game play or other customers.
14.6 You agree that we may take steps to detect and prevent the use of prohibited EPA Programs. These steps may include, but are not limited to, examination of software programs running concurrently with our software on your computer. 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.
14.7 If we consider that any of the events referred to in Sections 14.1 to 14.6 above may have occurred or are likely to occur we reserve the right to:
14.7.1 close or suspend your Account; and/or
14.7.2 withhold and/or retain any and all amounts which would otherwise have been paid or payable to you (including without limitation any winnings or bonus amounts).
14.8 If we close or suspend your Account for any of the reasons referred to above in this Section 14, you shall be liable for any and all claims, losses, liabilities, damages, costs and expenses incurred or suffered by us (together “Claim”) arising as a result of or in connection with your fraud, dishonesty or criminal act and you agree to fully compensate us for any costs, charges or losses sustained or incurred by us (including any direct, indirect or consequential losses, any loss of profit and any loss of reputation) in respect of such Claims.
15.1 You are gambling via an electronic form of communication and consequently you should be aware that:
15.1.1 you may be using a connection or equipment which is slower than such equipment used by others and this may affect your performance in time critical products (e.g. in-play betting); and
15.1.2 you may encounter system flaws, faults, errors or service interruption caused by unexpected flaws, faults or errors in the software, hardware or networks used to provide the Services. Where such flaws, faults or errors cause a product to be interrupted in circumstances where it cannot be restarted from exactly the same position without any detriment to you or we will take all reasonable steps to treat you in a fair manner.
16.1 In certain circumstances, we may need to void any transactions and freeze the monies in your Account so that such funds will be temporarily unavailable for you to play with. We will do so where we have reason to believe that:
16.1.1 your Account may be being used for fraudulent purposes or cheating (including a breach of Section 14 (Fraud and Cheating)), for the purposes of money laundering or in such a way as to jeopardise the integrity of the sports or events on which we offer betting markets;
16.1.2 you have opened or are using multiple Accounts or a duplicate Account;
16.1.3 you are under 18 (eighteen) years old;
16.1.4 bets or wagers placed via your Account are not for your own benefit (including in connection with a bet management or brokerage service) and this has not been agreed by us in advance;
16.1.5 you have provided incorrect details to us; or
16.1.6 you are accessing our Services in contravention of the laws of the country in which you are located.
16.2 Until our investigations are completed and until we are satisfied that the cause of our concerns no longer exists we may continue to freeze the Account or opt to close it in accordance with Section 17 (Closing your Account).
16.3 Where we void any transactions and/or freeze your Account, all stakes or bets made will be void and any winnings accrued at such time shall be forfeited by you.
17.1 You have the right to close your Account at any time. You should make a request to close your Account by telephone or in writing via e-mail, live chat or letter; see Section 24 (Contact Us) for details. We will respond within a reasonable time. You remain responsible for activities using your Account until it is closed. Upon our confirmation of the closure of your Account, we will notify you and provided that you have complied with these Terms and Conditions, send you the sum on deposit in your Account by a method of payment determined by us. We may at any time off set any positive balance on Your Account against any amount owed by you to us (including under a duplicate Account) where, by way of an example, we re-settle any bets, wagers or payment errors. Any negative balance on your Account will fall immediately due and payable to us and your Account will be closed only when this amount has been fully repaid. If you have any unsettled bets on your account at the time of your account closure, these bets will stand unless we advise you otherwise and you can contact us to collect any winnings arising from such bets.
17.2 We reserve the right, in our absolute discretion, to close your Account and/or withhold your Account balance and/or recover from your Account the amount of any affected pay-outs, bonuses and winnings by giving you notice in writing (to the email address on your Account) and/or implement a permanent ban from our Services. This includes but is not limited to the following reasons:
17.2.1 we, acting in good faith, have reason to believe that you are in breach of an important provision of these Terms and Conditions including but not limited to Section 5 (Eligibility) in respect of underage gambling and the use of our Services in contravention of the laws of the country in which you are located and Section 14 (Fraud and Cheating);
17.2.2 we become aware that you have used or attempted to use the Services for the purposes of fraud, collusion or unlawful or improper activity;
17.2.3 we become aware that you have played at any other online gambling site or services and, in connection with the same, are suspected of fraud, collusion (including in relation to charge-backs), cheating or unlawful or improper activity;
17.2.4 you fail to provide us with accurate information in relation to your Account;
17.2.5 we, acting in good faith, have reason to believe that you have opened or are using multiple Accounts or a duplicate Account;
17.2.6 where we have taken the steps to void a bet or wager for one of the reasons set out in Section 13 (Refusing Your Bet or Wager) above, your actions leading to that shall be considered a breach of these Terms and Conditions and shall entitle us to close your Account;
17.2.7 you misuse our websites;
17.2.8 we are required to do so by any regulatory authority or court;
17.2.9 we discover that you are accessing the Services in contravention of the laws of the country where you are located; or
17.2.10 you become bankrupt, if you do not make payment of a court judgment on time, if you make an arrangement with your creditors, or if any of your assets are the subject of any form of seizure or if analogous proceedings are brought in relation to you anywhere in the world.
17.3 Upon termination of these Terms and Conditions any outstanding bets or wagers will be void.
17.4 You agree to compensate us for any costs, charges or losses sustained or incurred by us (including any direct, indirect or consequential losses, any loss of profit and any loss of reputation) arising where we close your Account in accordance with Section 17.2 above.
18.1 Should your Account become dormant through lack of use, we will continue to contact you (where you have "opted-in") with promotional messages until such time as you instruct us to stop. However, we will also contact all Account holders periodically to advise of any Account balance.
18.2 Please note that after a period of no less than 24 (twenty four) months of Account inactivity we reserve the right to close dormant Accounts and to remove any funds. Notice via email or letter will be given at least 30 (thirty) days before any deductions are made.
19.1 We are not responsible for any events beyond our reasonable control. Such events might include network failures, malfunctions to our systems, war, terrorist activity, riots, malicious damage, fire, flood, storm, nuclear accident or compliance with any new law or governmental order, rule, regulation or direction.
19.2 We may also suspend or cancel the Services or any part of the Services if, despite making reasonable efforts to do so, we are not able to provide that part of the Service to you as a result of events beyond our reasonable control.
20.1 Nothing in these Terms and Conditions is intended to:
20.1.1 exclude or limit our liability for fraud or for death or personal injury resulting from our negligence; or
20.1.2 limit your statutory rights (statutory rights include, for example, that we will provide our Services to a reasonable standard and within a reasonable time). For more information about your statutory rights, contact your local consumer protection organisation (the Citizens Advice Bureau (http://www.citizensadvice.org.uk/) or Trading Standards Office (http://www.tradingstandards.gov.uk/advice/) if you are located in the UK).
20.2 Except under Section 20.1 above and save in respect of any winnings lawfully due to you in accordance with Section 9 (Winnings) above, our maximum liability to you under these Terms and Conditions in relation to any one incident or series of related incidents is limited to the greater of: (a) where such liability relates to a specific bet or wager, the value of such bet or wager paid by you; (b) where such liability relates to the misapplication of funds in your Account, the amount that has been lost or misplaced; or (c) £2,000 pounds.
20.3 Subject always to Sections 20.1 and 20.2 above, we will not be liable under the Terms and Conditions for any loss that could not have been reasonably expected by you and us at the time you register or at the time you enter into a transaction for Services, such as any loss of income, business or profits or any information which is lost or corrupted. We will not be liable for any damage or loss suffered or incurred by you as a result of:
20.3.1 any use of our Services in breach of these Terms and Conditions (including any use of our Services for commercial or business purposes);
20.3.2 failures caused by the equipment you use to access our websites, interactive TV service, call centre or mobile applications or failures in any network (including failures by your internet service provider);
20.3.3 any incomplete, illegible, lost or delayed transactions (including as a result of technical failure);
20.3.4 damage to your equipment (e.g. desktop, laptop, TV, mobile, smartphone, tablet, games console or other internet-enabled device) or for any loss or corruption of data that results from your use of our websites, interactive TV service or mobile applications (and we cannot and do not guarantee that any files that you download are free from viruses, contamination or destructive features);
20.3.5 the accuracy, completeness or currency of any information services provided by us or third parties (including but not limited to prices, runners, times, results, live scores or general statistics);
20.3.6 any loss whatsoever arising from your abuse or misuse of your Account or our Services;
20.3.7 any failure on our part to observe any self-exclusion policies that we may have in place from time to time;
20.3.8 any failure on our part to interact with you where we may have concerns about your activities;
20.3.9 any event outside our control as set out in Section 19 (Events Outside Our Control); or
20.3.10 our closure or suspension of your Account in accordance with these Terms and Conditions.
20.4 You agree to compensate us for any costs, charges or losses sustained or incurred by us (including any direct, indirect or consequential losses, any loss of profit and any loss of reputation) arising directly from your fraud, dishonesty or criminal act.
20.5 Without limiting any other rights or remedies available to us, we may at any time set off any positive balance in your Account (or any duplicate Account) against any amount owed to us by you. You agree that any Account balance may be used to finance any costs incurred as a result of your fraudulent activity, such as chargebacks on associated Accounts or the reimbursement of funds back to the customer(s) who were colluded against.
21.1 We may provide you with a chat facility within certain of our Services to enable you to communicate with other customers. As a condition of your use of the chat facility, you agree to comply with following terms and any additional rules that may found on our websites or mobile applications:
21.1.1 you shall use English to communicate, as this is the designated language of the public chat facility;
21.1.2 you shall not make any statements that are sexually explicit or offensive, including but not limited to messages that are expressions of bigotry, racism, hatred, prejudice or profanity;
21.1.3 you shall not make statements that are abusive, defamatory or harassing or insulting to other customers including whilst waiting for other players to make a move;
21.1.4 whilst in play you shall not discuss table strategies with other customers, chat about the current hand or engage in any other communication that might give an advantage to other customers or could be classed as collusion;
21.1.5 you shall not make statements that advertise, promote or otherwise relate to any other websites or online or offline ventures, discuss illegal activities or post personal details;
21.1.6 you shall not make statements about us or the websites or any other website connected to us that are untrue and/or malicious and/or damaging to us;
21.1.7 you agree not to hold us responsible for the publication of user content within the chat facility; and
21.1.8 you agree not to post any content that you do not have the right to post.
21.2 You acknowledge and accept that your communications on the chat facility are not private or confidential, and may be viewed and used by others accessing the Services.
21.3 You agree to notify our Customer Care Team if you think you see any customers colluding or sharing key information via the chat facility or if you have been a victim of chat abuse. We will keep your complaint anonymous and deal with every case seriously.
21.4 We may review chat content, keep a record of all statements made on the chat facility and take necessary action retrospectively if necessary. If we feel any content you post on chat is unsuitable, we may mute or suspend your ability to use the chat facility, certain other Services or close your Account at our sole discretion and your activity may be reported to your Internet Service Provider (ISP) or the relevant authorities.
22.1 All intellectual property rights in our websites, interactive TV service and mobile applications and all material and/or content made available on the Services (including but not limited to rights in the products and services offered, all code, software, animations, graphics, music, sound, photographs, video content or text, and the selection and arrangement thereof) or otherwise by us shall remain at all times our property or the property of our third party licensors.
22.2 The names, images and logos identifying us, companies in the British Sky Broadcasting plc group, our partners or third parties and our/their products and services contained in our websites, interactive TV service and mobile applications are proprietary marks and may not be reproduced or otherwise used without express permission.
22.3 Nothing contained in these Terms and Conditions shall be construed as conferring by implication any licence or right to use any trade mark, patent, design right or copyright that belongs to us or any third party.
23.1 From time to time we offer promotions and offers to new and existing customers. These promotions and offers will have their own terms and conditions.
23.2 Please note that the terms and conditions for a promotion or offer shall prevail in the event of any conflict between the General Terms and Conditions and the terms and conditions for a promotion or offer.
23.3 All promotions and offers are limited to one per person.
23.4 We reserve the right to amend the terms and conditions of or withdraw any promotion or offer at any time at our sole discretion.
If you need to contact us, you can call us on 08000 724 777 (1800 928 949 if you are in the Republic of Ireland or +44 (0) 1423 533 123 if you are elsewhere) 24 hours a day, 7 days a week. Calls to 0800 and 1800 numbers are free unless made from a mobile, when your mobile tariffs will apply. You can also contact us via Live Chat, email us using the form available on the website at https://support.skybet.com/app/ask or at email@example.com, or write to us at 2 Wellington Place, Leeds LS1 4AP.
25.1 If we need to notify you under these Terms and Conditions, we will do so by email to the email address registered to your Account.
25.2 We may wish to transfer our rights or obligations or sub-contract our obligations under these Terms and Conditions to another legal entity. You agree that we may do so provided that this will not adversely affect the standard of service you receive under these Terms and Conditions. In the case of transfer only, after we notify you of the date on which we will transfer our rights and obligations under these Terms and Conditions to another legal entity, your only rights under or in connection with these Terms and Conditions will be against the new legal entity and not against us. As set out in Section 17.1, you may terminate your agreement with us at any time.
25.3 These Terms and Conditions are personal to you. You may not transfer your rights or obligations under these Terms and Conditions to anyone else.
25.4 If you breach these Terms and Conditions and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms and Conditions.
25.5 If any part of these Terms and Conditions is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.
25.6 These Terms and Conditions are not intended to give rights to anyone except you and us. This does not affect our right to transfer these Terms and Conditions under Section 25.2.
25.7 These Terms and Conditions are only available in the English language.
26.1 Unless otherwise specified in the Game Rules, these Terms and Conditions are governed by and interpreted in accordance with the laws of Guernsey.
26.2 Unless otherwise specified in the Game Rules, disputes arising in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales unless you choose the jurisdiction of your home in Scotland or Northern Ireland.
27.1 We are committed to Responsible Gambling and have a number of self-help tools to help you manage your gambling.
27.2 We make available the facility for you to set a limit on the deposits you make to your Account. Information on setting limits may be found within the "Help and Support" section or within the "My Account" pages when logged in.
27.3 We make available the facility for you to stop gambling at any time. 24 (twenty-four) hour - 30 (thirty) day cooling off periods as well as self-exclusions of either 6 (six) months, 1 (one) year, 2 (two) years, 3 (three) years, 4 (four) years or 5 (five) years can be set. Information on cooling off and self-exclusion may be found within the "Help and Support" section or within the "My Account" pages when logged in.
27.4 Having implemented reasonable checks and safeguards to ensure that whilst you are self-excluded you are not sent marketing material about gambling from us and you cannot access our Services, we cannot be held liable to you or any third party if you are able to continue to gamble on our websites, interactive TV service, mobile applications or call centres, or if any marketing material inadvertently gets sent to you or if you continue to gamble on any other party's sites or premises. Moreover we would urge you if you continue to gamble during any period of self-exclusion (from ourselves or other operators) that you seek urgent professional help.
27.5 We will use all reasonable endeavours to ensure compliance with self-exclusion. However, you accept that we have no responsibility or liability whatsoever if you continue to gamble through additional accounts where you have changed any of the registration details (which would also include if you open up an Account with substantially the same information, albeit inputted into the registration form in a different way).
27.6 The National Association for Gambling Care Educational Resources and Training (GAMCARE) (www.gamcare.org.uk) provides information, advice and counselling to individuals, their family and friends who have concerns about problem gambling. The free Helpline number for GAMCARE (available 8am - midnight, 7 days a week) is 0808 8020 133.
27.7 For more advice on how to gamble responsibly see here.
28.1 If a dispute arises in relation to a bet or wager placed, our transactions database will be the ultimate authority in such dispute.
28.2 If you have any cause to complain about anything that has happened as a consequence of your dealings with us, you should notify us by contacting the Customer Care Team within 12 (twelve) weeks of the original transaction who will oversee the management of your complaint. We will deal with your complaint as quickly as we reasonably can and shall, as necessary, request appropriate evidence from you for the purposes of settling your complaint. If you feel the complaint was not resolved then please escalate to our complaints department by emailing firstname.lastname@example.org.
28.3 If a complaint is not resolved to your satisfaction by the use of our complaint procedure, you may refer the matter to an independent adjudicator. The appropriate adjudicator is determined by reference to the products that are the subject of the dispute or by the regulator of the product in question. We will inform you which body to refer to, upon request. Where a dispute is referred to one of the bodies mentioned below, the resulting decision shall be final and binding and you therefore will not have further recourse to the courts.
Sports Betting and Virtual Racing
28.4 Complaints relating to Sky Bet sports betting and virtual racing may be referred by you to the Independent Betting Arbitration Service (IBAS) through the website: www.ibas-uk.com, by email at email@example.com or by telephone on +44 (0)20 7347 5883. We will abide by any IBAS decision, provided all relevant information has been accurately provided to them. Customers will also be able to refer complaints to the Alderney Gambling Control Commission (as set out below) if they not feel the matter has been satisfactorily resolved by IBAS.
Sky Vegas, Sky Bingo and Sky Poker
28.5 Complaints relating to Sky Vegas, Sky Bingo or Sky Poker may be referred to the Alderney Gambling Control Commission (AGCC) following the complaints procedure set out at: www.gamblingcontrol.org. In addition to their online ‘contact us’ form, you can contact the AGCC by email at: firstname.lastname@example.org or by telephone on: +44 (0)1481 825 500 or at: The Alderney Gambling Control Commission, St Anne's House, Queen Elizabeth II Street, Alderney, Channel Islands, GY9 3TB.
29.1 We are not obliged to accept any bets or wagers via telephone, however, if we decide to do so, the terms of Section 12.4 (Placing a Bet or Wager) shall apply.
29.2 In the interests of customer and staff protection, to assist us in resolving queries or for training purposes, any telephone call and/or online chat conversations between you and our Customer Contact Team are recorded and any such recording or transcript (including the copyright) will remain our property.
The companies that operate Sky Bet, Sky Poker, Sky Bingo and Sky Vegas are wholly owned subsidiaries of British Sky Broadcasting Group plc (Sky). Sky is one of the UK's largest companies, listed on the London Stock Exchange and member of the FTSE 100 group of leading companies. Funds to the value of active customer deposits are held in a specific bank account separated from the company’s other operating bank accounts to ensure that we comply with the requirements of the Alderney Gambling Control Commission with regards to safeguarding out customer’s moneys; (see http://www.GamblingControl.org/players.php for more information). Even though these funds are segregated there is still a risk you may not get your monies back in case of insolvency. Any monies deposited with us in your Account will not attract any interest.
PLAYTECH END-USER LICENSE AGREEMENT RELATING TO SKY BINGO
THIS WEBSITE IS OPERATING THE GAMING SOFTWARE PLATFORM (THE “SOFTWARE”) OF PLAYTECH SOFTWARE LIMITED (THE “VENDOR”) UNDER A LICENSE FROM VENDOR. A CONDITION TO YOUR DOWNLOADING OR OTHREWISE USING THIS SOFTWARE 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.
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 the 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 Casino” means Our internet gaming system on the Website, and related services and gaming activities (including, but not limited to, online bingo 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 games on the Online Casino;
1.5. “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 Casino, including the related documentation and including any enhancements, modifications, additions, translations or updates to such software.
1.6. “Us”, “We”, “Our” and similar terms mean Bonne Terre Limited.
1.7. “Website” means www.skybingo.com, and any related sites on which the Online Casino is operated and are accessible via links or any other access way.
1.8. “You”, “Your” and similar terms mean the user of the Software downloaded from the Website.
2. SUBJECT MATTER OF AGREEMENT
2.1. The rules of the games are placed in the www.skybingo.com/rules as well as other sections of the Software and the Website, including but not limited to, rules describing how to play, tournaments, and any other rules governing particular games, events or tournaments. All such rules are incorporated and included under the term and conditions set out herein.
3. LICENCE 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 computer, in order to play games in the Online Casino, in accordance with the following provisions.
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. In addition, this license does not apply to certain territories, identified by us from time to time; currently, this license does not apply to Bulgaria, Cyprus, Estonia, Hong Kong, Israel and the United States of America and its territories, and IT IS YOUR DUTY TO CONSULT AND CHECK REGULARLY OUR WEBSITE REGARDING THE LIST OF THE EXCLUDED TERRITORIES.
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; or
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.
3.4.8. use any Assistance Programs in connection with the Software and/or the Online Casino. You are prohibited from any interaction within the Online Casino 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 prohibited Assistance Programs. These steps may include, but are not limited to, examination of software programs running concurrently with the Software on the Your computer. 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 Service to you and you shall immediately forfeit any winnings.
3.6. You acknowledge and agree that the 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. 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.
4. YOUR DUTY TO EXAMINE LEGALITY OF USE
4.1. You confirm that You are older than 18 years, and in any event of legal age as determined by the laws of the country where you live. You also confirm that You are aware of 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.
4.2. Given the changes in the legal requirements in the various jurisdictions, You undertake to examine the legality of Your participation on the Online Casino 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.
5. DISCLAIMER OF WARRANTIES
5.1. 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.
5.2. 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 DO NOT WARRANT, AMONG OTHER THINGS, THAT (A) THE SOFTWARE WILL BE NON-INFRINGING, OR THAT (B) THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE IS VIRUS-FREE; OR THAT (C) THE SOFTWARE IS OF SATISFACTORY QUALITY OR FIT FOR ANY PARTICULAR PURPOSE; OR THAT (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.
5.3. 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.
5.4. 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.
5.5. 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).
6.1. 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 Casino. You further agree to take all reasonable steps at all times to protect and keep confidential such confidential information.
7. YOUR WARRANTIES AND REPRESENTATIONS
7.1. You warrant and represent to Us that:
7.1.1. You are not a resident of any of the Excluded Territories listed in Section 3.3 above; and
7.1.2. You have examined the legality of Your participation on the Online Casino and use of the Software in each jurisdiction that is applicable to You, and have found the same to be legal is such jurisdictions under all applicable laws and orders of any competent authority.
8. CHANGES TO THIS 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 Website or the Online Casino 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 Website or the Online Casino any further.
9. TERM AND TERMINATION
9.1. This agreement is effective, and binding upon You, from the moment of Your acceptance by clicking on the “I agree” button, 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 Casino 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.
10. NO CLAIMS AGAINST VENDOR; LIMITATION OF LIABILITY
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) EURO 1,000 (ONE THOUSAND EURO).
12. YOUR RESPONSIBILITIES
12.1. You shall not transfer in any way whatsoever your rights under this agreement without our prior written consent.
13. YOUR WARRANTIES AND REPRESENTATIONS
13.1. You warrant and represent that:
13.1.1. 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.
13.1.2. you are over the age of eighteen.
14. RESERVATION OF RIGHTS
14.1. We reserve, at our sole discretion, the right to:
14.1.1. change, suspend, remove, modify or add any game or tournament on the Online Casino.
14.3. We may at any time without prior notice to you terminate your use of the Online Casino and block your Player Account if it 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.
15. GENERAL PROVISIONS
15.1. Governing Law. The construction, validity and performance of this Agreement will be governed by the laws of England.
15.2. 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.
15.3. Severability. The illegality, invalidity or enforceability of any part of this Agreement will not affect the legality, validity or enforceability of the remainder.
15.4. Language. The English language version of this Agreement will prevail over any other language version issued by us.
15.4.1. No assignment by You. You are not allowed to assign this Agreement or any rights or obligation hereunder to any other party.
15.4.2. 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.
15.4.3. 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 email@example.com.
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