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INTRODUCTION AND TABLE OF CONTENTS
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1.1
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AG Communications LTD ("us", "we" "our" or the "Company") is incorporated under the laws of Malta, which is licensed by the Gambling Commission for the purposes of operating and offering internet gambling services in Great Britain.
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1.2
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PLEASE ENSURE THAT YOU READ CAREFULLY AND UNDERSTAND THESE TERMS OF SERVICE BEFORE YOU START TO USE THE SERVICES AND/OR SOFTWARE. THE TERMS OF SERVICE CONTAIN IMPORTANT INFORMATION ABOUT THE LEGAL AGREEMENT BETWEEN YOU AND US, AND PROVIDE INFORMATION ABOUT WHAT OTHER POLICIES FORM PART OF OUR RELATIONSHIP WITH YOU.
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1.3
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Please note that the Agreement (as defined below) constitutes a legally binding agreement between you and us. By registering with us and/or by using the Services (as defined below) and/or Software (as defined below), you agree to be bound by the Agreement. The Agreement will govern your use of the Site, Services and Software. If you do not agree to any of the provisions of the Agreement (as defined below) you should immediately stop using the Site, Services and Software.
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1.4
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In addition to the Terms of Service, you should also read our Privacy Policy carefully, which sets out how we collect and use your personal information. Privacy and Cookie Policy.
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1.5.
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Your use of our Services and the Software is also subject to the following additional policies ("Additional Policies"):
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1.5.1.
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Responsible Gaming Policy - information contained in this policy relates to preventing compulsive gambling, setting self-limits and how to self-exclude.
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1.5.2.
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Cash Out Policy - information is contained in this policy regarding how you may withdraw real money funds from your Player Account.
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1.5.3.
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Bonus Policy - information is contained in this policy with regards to bonuses and promotions which we may run from time to time.
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1.5.4.
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Sports Betting Rules which can be found here - the rules contain information with regards to the use of our betting on our sports products and services.
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The Terms of Service and the Additional Policies constitute the "Agreement".
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1.6.
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IF YOU DO NOT AGREE TO ANY OF THE PROVISIONS OF THE AGREEMENT YOU SHOULD IMMEDIATELY STOP USING THE SITE, SERVICES AND SOFTWARE.
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1.7.
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We may suspend, modify, remove or add to the Services and/or Software at any time.
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Table Of Contents
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SECTION
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SECTION HEADING
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1.
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INTRODUCTION AND TABLE OF CONTENTS
We provide you with introductory information about the Terms of Service and further terms and conditions that will apply to you.
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2.
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DEFINITONS AND INTERPRETATION OF THE AGREEMENT
We provide you with information regarding some of the defined terms used in the Terms of Service and how you are to read the phrases in the agreement.
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3.
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YOUR USE OF THE SERVICES AND SOFTWARE
We provide you with information with regards to your uses of the services and identity verification.
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4.
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YOUR USE OF THE INTELLECTUAL PROPERTY
We provide you with information with regards to intellectual property
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5.
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YOUR PLAYER ACCOUNT
We provide you with information regarding the use of your Player Account.
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6.
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PROHIBITED USES OF THE SERVICES, THE SOFTWARE AND/OR THE SITE BY YOU
We provide you with information with regards to activates which are not permitted.
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7.
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HOW YOUR PLAYER ACCOUNT CAN BE TERMINATED
We provide you with information regarding how your Player Account and the Agreement can be terminated.
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8.
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WHAT HAPPENS ON TERMINATION OF YOUR PLAYER ACCOUNT
We provide you with information on what happens on termination of your Player Account.
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9.
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PAYMENTS
We provide you with information on how you can make payments and with how we handle payments from you.
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10.
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YOUR COMPLAINTS
We provide you with information on how a complaint can be made by you and how it is resolved.
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11.
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LIMITS ON OUR LIABILITY
We provide you with information in what instances we will be liable to you and limitation on our liability.
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12.
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YOUR RESPONSIBILITY TO COMPENSATE US AND OUR WHITE LABEL PARTNERS
This section sets out when you will be responsible for compensating us and White Label Partners.
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13.
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OUR AMENDMENTS TO THE AGREEMENT
We provide you with information on how we may amend the Agreement.
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14.
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YOUR USE OF THE CHAT FEATURE
We provide you with the rules regarding your use of the Chat Feature
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15.
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OUR PROMOTIONS
We provide you with information regarding promotions.
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16.
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GENERAL TERMS WHICH APPLY TO THE AGREEMENT
We provide you with information general terms and conditions which apply to the Agreement.
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17.
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GOVERNING LAW AND JURISDICTION
We provide you with information regarding the law that governs our relationship with you.
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18.
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JACKPOT WINNINGS
We provide you with information with regard to jackpot winnings.
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19.
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GENERAL SPORT BETTING TERMS
We provide you with additional information regarding the use of the sports betting products and services.
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20.
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LIMITATIONS ON YOUR WINNINGS ON SPORTS BETTING
We provide you with information regarding limitations on your winnings regarding sports betting.
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21.
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ADDITIONAL FRAUD AND COLLUSION PROVISIONS WHICH RELATE SPECIFICALLY TO SPORTS BETTING
We provide you with additional information regarding fraud and collusion with regards to sports betting products and services.
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DEFINITIONS USED IN THIS AGREEMENT AND INTERPRETATION OF THE AGREEMENT
In this Agreement the following terms have the meanings set out below:
| Agreement |
has the meaning given to it in Section 1.5. |
| Additional Policies |
has the meaning given to it in Section 1.5. |
| Error |
has the meaning given to it in Section 11.6 |
| Fraudulent Activity |
has the meaning given to it in Section 6.1 |
| Intellectual Property |
has the meaning given to it in Section 4.2. |
| Gambling Commission |
means the regulator of commercial gambling in Great Britain whose website is located at www.gamblingcommission.gov.uk. |
| Maximum Win Per Bet |
has the meaning given to it in Section 20.2. |
| Maximum Winnings Per Month |
has the meaning given to it in Section 20.3. |
| Prohibited Practices |
has the meaning given to it in Section 6.1; |
| Site |
means the website located online at HeySpin and its related mobile/tablet application. . |
| Site Content |
has the meaning given to it in Section 4.3. |
| Software |
means the software used by us to make the Services available to you through the Site. |
| Services |
means the online gambling services made available to you through the Site. |
| Player Account |
means the account opened by a person with us through the Site which enables you to use the Software and/or Services. |
| us, we, our or the Company |
has the meaning given to it in Section 1.1. |
| User Name and Password |
means the username and password for your Player Account, which you choose when you register to use the Services. |
| White Label Partner |
means an entity which is not part of our corporate group who owns the Site which is operated by us. |
| you, your or yours |
shall refer to the user of the Services, the Software and/or the Site. |
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2.1.
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In the Agreement any phrase introduced by the terms "inclusive" "including", "include", "in particular" or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
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2.2
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The headings in this Terms of Service are for ease of reference only and shall not affect its construction.
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2.3
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In this Agreement, if the context so requires, references to the singular shall include the plural and vice versa.
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YOUR USE OF THE SERVICES AND SOFTWARE
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3.1
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The Services and Software are intended to be used by you if you play with us or register with us in the United Kingdom.
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3.2
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We will not be responsible if you use the Services in an illegal manner or in a way which is not authorized by us.
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3.3
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If you are under the age of 18 and gamble you are committing a criminal offence in the United Kingdom.
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3.4
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We will take steps to verify that you are 18 years of age or older, before you can:
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3.4.1
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deposit any funds in your Player Account;
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3.4.2
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wager any real funds or bonuses on the Site; or
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3.4.3
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play any free-to-play version of any gambling game that we offer on the Site.
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3.5
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Before you can gamble on the Site, we will also take steps to verify at a minimum, your identity by verifying your name,
address and date of birth.
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3.6.
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If on completion of such age and/or identity verification processes, you are found to be under the age of 18 and/or have provided false and/or inaccurate information on registration with the Site:
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3.6.1
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we will close your Player Account in accordance with applicable regulation; and
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3.6.2
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terminate the Agreement.
You will not be able to gamble until we are able to verify your age and identity as set out above.
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3.7
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In addition to any documents we may require to verify your registration details as well as to comply with our anti money laundering and know your client obligations, we reserve the right to at any time to perform further identity verification checks in order to comply with our regulatory requirements (including, without limitation, our anti money laundering obligations) and request you to provide any further documentation including without limitation any additional or updated financial or identity documents, such as for example, photographic ID, driving license, passport, birth certificate , bank statements, pay slips, utility bill or lease either in their original or notarized form, via a digital scan or photo to be sent via email to [email protected].
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3.8
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During their engagement period and for a period of 24 months thereafter: (i) no officer, director, employee, consultant or agent of ours, or any other company within our corporate group; and/or (ii) any of our or any other company within our corporate group's suppliers, vendors or White Label Partners, is permitted to use the Services directly or indirectly. This restriction also applies to relatives of such persons and for this purpose 'relative' means any spouse, partner, parent, child or sibling.
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3.9
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You are fully aware that there is a risk of losing money when gambling by means of the Services and/or Software.
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3.10
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You shall access the Software and use the Services only via your Player Account.
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3.11
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You may at your discretion choose to exclude yourself from using the Services for a definite or an indefinite period. For further information please see our Responsible Gaming Policy.
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YOUR USE OF THE INTELLECTUAL PROPERTY
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4.1
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You may only use the Site and/or the Software and all content which is made available through the Site and/or the Software in connection with your own personal non-commercial use in accordance with the terms of the Agreement.
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4.2
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All rights in the logos, designs, trademarks, brands, brand names, services marks and trademarks ("Intellectual Property") used on the Site belong to us, to a company within our corporate group, the White Label Partner or to our licensors (as applicable).
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4.3
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In addition, we, a company within our corporate group, the White Labe Partner or our licensors (as applicable) own the rights in all other content of the Sites including, but not limited to, the Software, images, pictures, graphics, photographs, animations, videos, music, audio and text (the "Site Content").
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4.4
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Your use of the Services or the Site will not give you any rights to the Intellectual Property or the Site Content.
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YOUR PLAYER ACCOUNT AND YOUR CONFIRMATIONS AND ACKNOWLEDGEMENTS
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5.1
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In order to use the Services, you must have a Player Account.
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5.2
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You hereby confirm and acknowledge that:
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5.2.1.
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You are at least 18 years of age;
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5.2.2.
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All details and documentation which you provide us with in order to open a Player Account or at any time afterwards are correct, true and complete;
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5.2.3.
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You will update your Player Account details promptly if there is any change in the details you have provided us with. We may disclose some or all of the details, which you provide us, with to our partners for the purposes of carrying out various functions required for delivery of the Services to you, including for the purposes of verification and authentication of your personal details, as well as for the purposes of communicating to you promotional material and information relating to and our partners’ products and services. Please see the Privacy Policy for further details.
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5.2.4.
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You will only use the Player Account and the Services for your personal and non-commercial use only;
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5.2.5.
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You will not use your Player Account on behalf of another person;
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5.2.6.
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You may only register one Player Account;
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5.2.7.
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You will not reveal your Username and Password to any person;
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5.2.8.
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We will not be responsible for any misuse or access to your Player Account unless this is directly related to our failure to provide the Services in
accordance with reasonable care and skill;
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5.2.9.
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Should you become aware or become suspicious of any unauthorized use of your Player Account and/or your Username and Password, you will immediately notify us and we reserve the right to suspend your Player Account pending further investigation of such unauthorized use;
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5.2.10.
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Funds held in your Player Account do not accrue interest;
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5.2.11.
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You are fully responsible for paying all monies owed to us;
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5.2.12.
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You agree not to deny or reverse any payment which you have made to us or have sent to us. You will reimburse us for any denial or reversal of any payment you make or which you have sent to us and any losses suffered by us as a consequence;
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5.2.13.
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You will not use the Services through another person's Player Account;
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5.2.14.
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You will not open more than one Player Account with the Site;
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5.2.15.
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You may only play through your Player Account and not through another person's Player Account;
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5.2.16.
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It is your responsibility to ensure the details of the wagers which you make are correct;
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5.2.17.
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You will not commit any acts or display any conduct on the Site that damages our reputation;
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5.2.18.
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You are solely responsible for recording, paying and accounting to any relevant governmental, taxation or other authority for any tax or other levy that may be payable on any winnings paid to you;
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5.2.19.
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You are solely responsible for the connection of your mobile device, tablet and/or personal computer to any telecommunications networks and Internet
access services and obtaining other consents and permissions required for such devices in order to use the Services and/or the Site;
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5.2.20.
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You have not held a Player Account with us that was terminated or suspended as a result of your breach of the Agreement or that you have not notified us, now or in the past, that you have a gambling addiction;
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5.2.21.
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You will not place a bet which is greater than the funds which you have in your Player Account. If you do not have sufficient funds in your Player Account to cover a bet we may cancel such bet, even if it has been accepted by us;
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5.2.22.
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You will not deceitfully take advantage of our bonuses and promotions;
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5.2.23.
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You will not intentionally disconnect from a game in a way which is intended to disrupt the standard operation of that game; and/or
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5.2.24.
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You will not collude with another player to gain an unfair advantage against us or any other player.
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5.3
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You will not transfer funds from your Player Account to another Player Account.
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5.4
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In case the reason behind the closure of your Player Account is related to concerns about possible gambling addiction you shall indicate it. If you request to close your Player Account you may undergo retention attempts, unless we are not permitted for legal or regulatory reasons. Retention procedures include without limitation contacting you through different channels for clarifying the reason for the request and specific treatment in order to solve possible problems and to improve customer satisfaction.
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5.5
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Your Player Account is made up of a real money funds balance and a bonus funds balance.
With respect to any bets placed on casino products, which for the avoidance of doubt includes
slot games, if you have sufficient real money funds and bonus funds in your Player Account, each bet you make
on any casino product will be made up of 50% real money funds and the other 50% will be made up of bonus funds.
If you place a bet where the real money funds or the bonus funds in your Player Account is not sufficient to
cover the relevant 50% of your bet, we will use the funds the rest of your bonus funds or real money funds
(as applicable) which are available to bet with to cover the rest of your bet. Your winnings from any such bet
placed by you, will be paid to you in proportion to the real money funds and bonus funds you have used to place
such bet. All such winnings generated by bonus funds will be subject to the terms of the
Bonus Policy.
By way of example only, if your Player Account has £4 (four pounds) in your real money balance and
£6 (six pounds) in your bonus balance, if you place a bet of £10 (ten pounds) on any casino product,
your bet will be made up of £4 (four pounds) in real money funds and £6 (six pounds) in bonus funds and
such bet generates a win of £30 (thirty pounds), your Player Account will be credited with £12 (twelve pounds)
to your real money balance and £18 (eighteen pounds) in bonus funds to your bonus balance, with all such bonus funds winnings being subject to the terms of the
Bonus Policy.
With respect to any bets placed on sport products, iIf you have both real money funds and bonus
funds in your Player Account, the next wager you make will use real money funds first. If your you
place a bet where the real money funds in your Player Account is not sufficient to cover
such bet and you use bonus funds to cover the rest of such bet, your winnings from any such bet
placed by you, will be paid to you in proportion to the real money funds and bonus funds you have used
to place such bet. By way of example only, if you place a bet of £10 (ten pounds), of which such bet
is made up of £4 (four pounds) from your real money balance and £6 (six pounds) from your bonus
balance and such bet generates a win of £30 (thirty pounds), your Player Account will be credited
with £12 (twelve pounds) to your real money balance and £18 (eighteen pounds) in bonus funds
to your bonus balance. All such winnings generated by bonus funds will be subject to the terms of the
Bonus Policy.
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5.6
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You confirm that at the time your register a Player Account you have not self-excluded from the Website or
by registering with
GAMSTOP. In the event we believe that you have registered with GAMSTOP or that you have provided us with any details which are
not true and accurate (for example using shortened or different names or an altered date of birth), we shall be entitled to close
your Player Account and terminate the Agreement and we will not be liable to refund you any amount.
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5.7
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We are required by our licence to inform customers about what happens to funds which we hold on account for you, and the extent to which funds are
protected in the event of insolvency
Money and rights (gamblingcommission.gov.uk).
We hold customer funds separate from company funds in a financial institution in Malta in accordance with Maltese legislation,
which sets out that any creditors have no claim or right of action on or against the customer funds. This means that steps have been taken to protect customer.
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BUYWIN SERVICES
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6.1.
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Certain services include our “BuyWin” feature. For these Services (the “BuyWin Services”), a fee (“BuyWin Fee”) is charged on every bet. The BuyWin Fee will be displayed before the relevant BuyWin Service starts and you will be asked to click “OK” to indicate your acceptance of the BuyWin Fee before you can continue.
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6.2.
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The BuyWin Fee will be deducted, together with your stake, from your Player Account as further described here. Odd cent amounts will be rounded up to the next full cent amount. By way of an example, if the BuyWin Fee is 3.33% and your stake is £/€1, the total amount deducted from your Player Account will be £/€1.04 – that is, your stake of £/€1 plus the BuyWin Fee of £/€0.04.
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6.3.
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If you use bonus funds to make your stake on a BuyWin Service, we will deduct the BuyWin Fee from your bonus funds balance (provided you have sufficient bonus funds) based on the calculation described in Section 6.2 above; otherwise, the BuyWin Fee will be deducted from your Player Account balance.
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PROHIBITED USES OF THE SERVICES, THE SOFTWARE AND/OR THE SITE BY YOU
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7.1.
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If we have reasonable grounds to believe that you have engaged and/or are engaging in any Prohibited Practices, Fraudulent Activity and/or Unlawful Activity with regards to the Software and/or Services, we shall be entitled to close your player Account and terminate the Agreement.
For the purposes of this Agreement, “Prohibited Practices” means any and/or all of the following:
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(i)
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using funds for, or in the course of your use of, the Services where the source of, or activity giving rise to, such funds is unlawful and/or illegal;
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(ii)
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engaging in money laundering activities (or activities regarded as such);
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(iii)
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depositing funds originating from unlawful and/or illegal activities;
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(iv)
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using any software programme, robot or external aid, in the course of your use of the Services which is endowed with artificial intelligence, makes automated decisions or enables play without human intervention;
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(v)
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breaking into, attempting to break into or otherwise circumventing our security measures and/or systems in any way and by any means;
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(vi)
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exploiting and/or taking advantage of any bug, fault or error in the Software through your use of the Services or other forms of technical abuse;
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(vii)
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sharing of any funds and/or winnings with another player;
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(viii)
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any practice which we reasonably consider likely to cause us to breach any legal and/or regulatory obligation, with which we are required to comply;
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(ix)
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use of the Services for any commercial purpose whatsoever;
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(x)
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any attempt to reverse engineer the Software or use the Site Content or Intellectual Property accessible via the Site in any way other than to receive the benefit of the Services through the Site as contemplated by this Agreement;
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(xi)
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in respect of any bet placed by or on behalf of you on any of our sports products or services, the integrity of the circumstances under which such bet is placed is called into question or there is otherwise evidence of the misuse of inside information in respect of such bet;
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(xii)
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any other similar or related behaviour, practice or activity to that described in (i) - (xi) above and/or any other behaviour, practice or activity which represents, in our reasonable opinion, a material breach of the terms and conditions set out in the Agreement.
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“Fraudulent Activity” means:
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(i)
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using (or attempting to use) a stolen, cloned or unauthorised debit card in your use of the Services, or otherwise using (or attempting to use) any other payment method or source of funds in your use of the Services which you are not entitled to use (whether in your use of the Services or otherwise);
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(ii)
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any action which is intended to (or does) defraud us or any other third party (including any other user of the Services).
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(iii)
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exploitation of any loophole in your use of the Services in a deceitful manner;
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(iv)
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any use of the Services through another person’s Player Account;
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(v)
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opening more than one Player Account with the Site;
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(vi)
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collusion with others to gain an unfair advantage in your use of the Services and/or the Software (including through bonus schemes or incentive schemes offered by us);
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(vii)
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collusion with others with respect to any bets placed which involves the same or materially the same bets in order to minimise your loses;
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(viii)
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where you operate and/or you operate with another player or a group of players systematically whether directly or indirectly, with the intention of gaining an unfair advantage to the disadvantage of another player, to perform any deceitful act in relation to any other player and/or us including without limitation using any practice and/or techniques to cheat, us and/or by playing as a group;
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(ix)
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we become aware that you have been found guilty of fraudulent and/or collusive behaviour with respect to an online gaming operator and/or criminal activities;
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(x)
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any attempt to register using false or misleading account information;
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(xi)
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taking any deceitful activity (which includes without limitation taking advantage of) with regards to:
(a) any bonus promotion offered on any of the websites and/or applications operated by us and/or any member of our corporate group, including without limitation:
(1) opening multiple accounts with the websites and/or applications which we or a member of our corporate group operate;
(2) by opening multiple accounts which can't be distinguished between in order to obtain a bonus related to a welcome offer several times on any website and/or application operated by us and/or any member of our corporate group;
For a full list of the websites and/or applications operated by us and/or any member of our corporate group please click here.
(b) our and/or any member of our corporate group's free to play websites and/or applications and/or free games offers including without limitation continually playing with free games and/or by acquiring all the tickets for a free game.
(c) in the case of repeated patterns of depositing, withdrawing and then redepositing where the sole purpose is to obtain deposit bonus; and/or
(d) taking advantage of our welcome related bonus. For example: player opens account , claims welcome bonus, plays a few bets on Roulette, then wins and remove the bonus in order to withdrawal; and/or
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(xii)
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any other fraudulent activity in the course of your use of the Services.
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“Unlawful Activity” means any activity by you which is illegal, breaches any applicable law or regulation and/or any criminal activity by you.
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7.2.
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If we have reasonable grounds to believe that you will engage in, have engaged and/or are engaging in any Prohibited Practices, Fraudulent Activity and/or Unlawful Activity with regards to the Software and/or Services, we may suspend your Player Account and during such period of such suspension you must not use the Services and/or Software nor will you be able to deposit and/or withdraw from your Player Account.
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7.3.
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We reserve the right to inform our affiliates, relevant authorities, other online gaming or gambling operators, other online service providers and banks, processing companies, electronic payment providers and/or other financial institutions of your identity and of your engagement or attempted engagement in any Prohibited Practices, Fraudulent Activity and/or Unlawful Activity. You agree to fully cooperate with us with our investigation into any such Prohibited Practices, Fraudulent Activity and/or Unlawful Activity and acknowledge that we may also disclose your identity and information on your engagement or attempted engagement in any Prohibited Practices, Fraudulent Activity and/or Unlawful Activity to any third party engaged by us to assist us in any investigation we carry out.
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7.4.
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If You suspect that any player using the Services is engaging and/or attempting to engage in any Prohibited Practices, Fraudulent Activity and/or Unlawful Activity, please let us know via email to
Contact Us
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HOW YOUR PLAYER ACCOUNT CAN BE TERMINATED
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8.1.
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You may close your Player Account and terminate the Agreement at any time, by contacting us at [email protected] and we shall terminate your Player Account within 7 days of our receipt of such request to the email address [email protected]. The Agreement will terminate when we close your Player Account, You will be responsible for any activity on your Player Account until we close your Player Account.
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8.2
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We reserve the right to close your Player Account and terminate the Agreement with immediate effect:
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8.2.1
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if we stop providing the Services and/or the Software through the Site;
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8.2.2.
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if we stop making the Site available;
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8.2.3.
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you are in breach of the Agreement;
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8.2.4.
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in accordance with Section 6.1; or
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8.2.5.
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in accordance with Section 3.6,5.7 and/or 9.6.
In the event that we are to stop: (i) providing the Services and/or Software through the Site; or (ii) making the Site available, we shall provide you with reasonable prior notice of our intention to do so.
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8.3.
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On termination of the Agreement, you will immediately stop using the Services, Software and the Site and you will promptly pay all amounts which you owe to us when requested in the manner that you would normally do so or as otherwise directed by us.
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WHAT HAPPENS ON TERMINATION OF YOUR PLAYER ACCOUNT
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9.1
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In the event that your Player Account is terminated by you in accordance with Section 7.1 or by us in accordance with Section 7.2.1, 7.2.2 or 7.2.3, we will cancel all of your open bets at the time of termination, return to you your real money balance in your Player Account lawfully belonging to you minus any sum owed to us and/or any amount required to be withheld by applicable law or regulation. [please insert links to the relevant section]
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9.2.
|
In the event that we terminate your Player Account and the Agreement in accordance with Section 7.2.4, subject to Section 3.6, we will cancel all your open bets at the time of termination and shall be entitled to withhold the whole or part of the balance in your Player Account to the extent of any claim we have against you, and/or recover the amount of any deposits, winnings or pay-outs which have been affected by or are in any way attributable to any Prohibited Practices, Fraudulent Activity or Unlawful Activity. (each as defined in Section 6.1).
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CURRENCY AND PAYMENTS
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10.1
|
You may cash out from your Player Account in accordance with the Cash Out Policy.
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10.2.
|
You understand that all financial account transactions will be handled by us, or third party electronic payment processors and/or financial institutions on our behalf and checks on financial account transactions shall be done to prevent money laundering. We reserve the right to run credit checks with third parties using the information submitted to us by you through the opening of the Player Account.
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10.3.
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We reserve the right to refuse accepting and paying through any means of payment, such as certain personal checks, electronic wallets and any other types of payment methods, in accordance with our Deposits Table and Cash Out Policy.
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10.4.
|
We reserve the right to credit you back using the same method as you have previously deposited with, for as long as the method so used allows, as per our Cash Out Policy.
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10.5.
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We may, at any time, set off any positive balances in your Player Account against any amount owed by you to us. By way of example, in the event that following the settlement of a bet in your Player Account a resettlement is required, we reserve the right to deduct from your Player Account any required amount of money.
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10.6.
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All payments into your Player Account must be from a single payment source, such as a
debit card or charge card, on which you are the named account holder. For the avoidance of
doubt, you may only use payment sources (including without limitation debit cards and charge cards)
which are in your own personal name and which do not belong to or is used by any corporate entity.
For the voidance of doubt, you must not deposit in your Player Account using a credit card.
It is your responsibility to ensure that you prevent your payment methods from unauthorised use. We will not be
liable for any loss you suffer as a result of unauthorized use of your payment methods including without limitation
unauthorized use of Your debit card or charge card.
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10.7.
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Limits on your deposits may also apply depending on the payment method which you use as may be imposed by such payment provider, which may vary from time to time.
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10.8.
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We reserve the right to charge you administrative fees during your deposits and withdrawals as shall be detailed in the "Cashier."
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YOUR COMPLAINTS
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11.1
|
If you have a complaint, you can contact us at:[email protected]. We will seek to resolve a reported matter promptly. Complaints will be escalated internally according to the urgency and nature of the complaint, and once a solution has been identified it will be made known to you as soon as reasonably possible.
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11.2.
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If your complaint relates to the outcome of a gambling transaction and for some reason you are not satisfied with the resolution of your complaint by us within 8 weeks of us having received your complaint and where you have cooperated with us in relation to the complaints process in a timely manner, you may refer the dispute free of charge to the Independent Betting Adjudication Service (IBAS) Where you refer your claim to IBAS you should do so promptly. More information regarding IBAS's dispute resolution services can be found at:
ibas-uk
.
For
an adjudication form please send an email to:
ibas-uk.com/consumers/claim-wizard/
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11.3.
|
Our complaints procedure does not stop you from filing a claim
with the courts in accordance with Section 17 or from filing a
complaint via the European Commission's Online Dispute
Resolution Platform available at:
europa.eu/consumers/odr
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11.4.
|
The complaints procedure will not affect any rights which you may have under applicable law.
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LIMITS ON OUR LIABILITY
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12.1.
|
We will provide the Services with reasonable skill and care to you and within a reasonable time and nothing under this Agreement (including this Section 11) shall exclude, limit or restrict our liability for any failure to do so. You have certain legal remedies if we breach any of these rights which may apply irrespective of the terms of the Agreement.
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12.2
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We make no promises to you (other than as provided in Section 11.1) that the:
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12.2.1.
|
information provided to you by the Software and/or Services is accurate and/or reliable;
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12.2.2.
|
the Software and/or Services are error free;
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12.2.3.
|
defects in the Services and/or Software will be corrected;
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12.2.4.
|
the Services and/or the Software will always be fully operational;
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12.2.5.
|
the Software and/or Servicers are free from viruses; and / or
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12.2.6.
|
the Software and/or Servicers are free from bugs.
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12.3.
|
Other than as provided in Section 11.1 and/or Section 11.8, we will not be responsible to you nor any third party for any loss, damage, expenses or costs which in anyway relate to:
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12.3.1.
|
your use of the Services and/or Software;
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12.3.2.
|
if we suspend or modify the Software and/or Services; and
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12.3.3.
|
the content of a third party site which you access through a link made available by us; and / or
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|
12.3.4.
|
if we stop making the Software and/or Services available to you.
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12.4.
|
In addition to Section 11.3, other than as provided in Section 11.1 and Section 11.8, we will not be responsible to you nor any third party for any:
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12.4.1.
|
indirect or consequential loss;
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12.4.2.
|
loss of any profit;
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|
12.4.3.
|
loss of any information;
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12.4.4.
|
loss caused by any internet or any telecommunications service provider that you have engaged in order to access the Services;
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12.4.5.
|
content you upload onto our chat facility which is made available to you as part of our Services;
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12.4.6.
|
loss which is caused by the device through which you access the Services;
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12.4.7.
|
loss caused by incorrect entries made by you, including data input errors with respect to the bets which you make; and/or
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12.4.8.
|
any event which is outside our reasonable control, this includes any telecommunications network failures, power failures, failures in third party computer (or other) equipment, cyber-attack fire, lightning, explosion, flood, severe weather, industrial disputes or lock-outs, terrorist activity and acts of government or other competent authorities.
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12.5.
|
Subject to the other provisions of this Section 11, our maximum liability (including that of our group companies, officers, employees and/or agents) in relation to this Agreement whether such liability arises in contract, tort (including negligence) or otherwise, shall not exceed:
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12.5.1.
|
where our liability relates to a bet or a stake which was placed or which was validly communicated to us to be placed, the amount of such bet or stake in respect of which our liability has arisen; and
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12.5.2.
|
in respect of any other liability, 1,000 (one thousand pounds)..
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12.6.
|
The Software and/or the Services may experience or be affected by a:
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|
12.6.1.
|
computer virus;
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|
12.6.2.
|
computer or software malfunction;
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|
12.6.3.
|
software bug;
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|
12.6.4.
|
error (including a mis-statement of odds or pay tables, an obvious error in the price / terms on which a bet or game is offered or a manual or computer input error);
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12.6.5.
|
delay; and/or
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12.6.6.
|
failure to operate in accordance with the rules of the relevant game or betting product,
(collectively and individually an "Error ").
We shall use reasonable endeavours to detect and notify you of any Error as soon as reasonably practicable.
If we reasonably believe that you have received any winnings and/or bonuses as a result of an Error, we may cancel any winnings and/or bonuses and void any game and bet affected by the Error.
Save in circumstances where we have reasonable grounds to believe that the Error was caused by your involvement in any Prohibited Practice, Fraudulent Activity or Unlawful Activity, we shall refund you the bonus and/or wager which you have made by crediting it to your Player Account or, if the Player Account has been terminated, we shall refund you any such real money wagered, through an approved payment method. In circumstances where we have reasonable grounds to believe that the Error was caused by your involvement in any Prohibited Practice, Fraudulent Activity or Unlawful Activity, we shall be entitled to withhold such bonus and/or amount wagered. Furthermore, in each such case, subject to Sections 11.1 and 11.8, we will
have no liability to you for any loss of winnings and/or bonuses in the event that any game or bet is voided or otherwise affected by an Error.
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12.7.
|
In the event we have credited your Player Account with winnings and/or bonuses which do not rightfully belong to you, you are obliged to notify us immediately by sending an email to the following email address [email protected]
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12.8.
|
Nothing in the Agreement will exclude any liability which we have to you which may arise from negligence causing death or personal injury; or from fraud or fraudulent misrepresentation.
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YOUR RESPONSIBILITY TO COMPENSATE US AND OUR WHITE LABEL PARTNERS
You will compensate us and the White Label Partner (where applicable) for any loss, damages and costs that we and/or the White Label Partner suffers as a result of your breach of Section 7.1.
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AMENDMENTS TO THE AGREEMENT
|
14.1.
|
We reserve the right to amend the Agreement at any time and we will notify you of any such amendment by publishing a new version of the Agreement on this page of the Site. We may amend the Agreement, including for commercial reasons, security reasons to comply with law or regulations, to comply with instructions, guidance or recommendations from a regulatory body, or for customer service reason. Any modified version of the Agreement will come into effect 14 days after its publication on this page of the Site. We encourage you to re-visit this page frequently to be updated of any amendments to the Agreement.
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14.2.
|
We will provide prior notice to you through your Player Account of substantial changes of this Agreement and/or we will send you an email regarding such changes to the email address linked to your Player Account.
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|
14.3.
|
If you disagree with any amendment made to this Agreement, you should immediately cease using the Services and Software and terminate your Player Account in accordance with Section 7.1.
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YOUR USE OF THE CHAT FEATURE
|
15.1.
|
As part of your use of the Services, we may provide you with a chat facility which is moderated and subject to controls. We reserve the right to review the chat and to keep a record of all statements made on such facility. Your use of the chat facility should be recreational and socializing purposes and is subject to the following rules:
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15.1.1.
|
You shall not make any statements that are sexually explicit or offensive, including expressions of bigotry, racism, hatred or profanity.
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15.1.2.
|
You shall not make statements that are abusive, defamatory or harassing or insulting to any other person who use the Services and/or to the people who provide you with customer support.
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|
15.1.3.
|
You shall not make statements that advertise, promote or otherwise relate to any other website and/or company.
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15.1.4.
|
You shall not make statements about us, the Services, the Software, the Site, or any other Internet site(s) connected to us that are untrue and/or malicious and/or damaging to us.
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15.1.5.
|
You shall not collude through the chat rooms or separate chats.
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|
15.2.
|
PLEASE NOTE: When using the chat facility any personally identifiable information that you submit, can be read, collected, or used by other users of the Services who may use such information to send you messages which you have not asked for. We shall not be responsible for the personally identifiable information that you choose to submit via the chat facility.
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15.3.
|
Suspicious chats may be reported to the appropriate authorities.
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OUR PROMOTIONS
|
16.1.
|
We may offer, from time to time, bonuses and/or promotions to you. You can find more information with regards to our bonuses in the
Bonus Policy
and the Promotions page.
|
|
16.2.
|
As set out in the Bonus Policy, Your participation in each promotion and eligibility to receive any bonus, free spin, free bet, matched funds, benefit or other entitlement arising from any promotion (“Bonus”) and/or any winnings derived from, or made with, a Bonus (“Bonus Winnings”) is subject (in order of precedence) to: (i) the specific terms and conditions of the relevant promotion (“Promotion Terms”); (ii) the terms of the Bonus Policy and (iii) the terms of this Agreement.
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16.3.
|
You shall not be entitled to receive (or if already received, we shall be entitled to withdraw) any Bonus or Bonus Winnings in the event that such Bonus or Bonus Winnings arose as a result of, or in connection with, any failure to comply with: (i) any Promotion Terms; (ii) the terms of the Bonus Policy; or (iii) any provision of this Agreement which entitles us to terminate this Agreement and close Your Player Account (including as a result of any Prohibited Practice, Fraudulent Activity or Unlawful Activity).
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16.4.
|
Subject to the wagering restrictions set out in Section 20 2020 and save in circumstances where we reasonably believe you have engaged in any Prohibited Practice, Fraudulent Activity or Unlawful Activity or as otherwise required by us to comply with any legal and/or regulatory requirement, we shall not impose any additional restriction on the stakes that you may wager on our sports betting product after you have made one or more qualifying bets required by any free bet promotion where such additional restriction affects your ability to complete the wagering requirements for that free bet promotion or otherwise receive any of the free bets (or the full expected value of the free bets) from that free bet promotion (an “Additional Account Restriction”). In the event that we do seek to impose on you an Additional Account Restriction, we shall credit you with the full expected value of the free bets from the relevant free bet promotion, to which you would have been entitled had you placed the relevant qualifying bets.
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GENERAL TERMS WHICH APPLY TO THE AGREEMENT
|
17.1.
|
You agree that we may, at our sole discretion, transfer our obligations under the Agreement in whole or in part to any person without notice to you, provided that any such transfer will be on the same terms or terms that are no less advantageous to you.
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|
17.2.
|
If any part of the Agreement is determined by any competent authority to be invalid, unlawful or unenforceable, the other provisions of the Agreement shall continue to be in force. Such invalid, unlawful or unenforceable term, shall be interpreted as closely as possible to its original aim.
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|
17.3.
|
The Agreement is the entire agreement between you and us with respect to the Site, the Services and/or the Software.
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|
17.4.
|
These Terms of Service have been prepared in various languages other than English for reference only. In the event of any differences between the English version of these Terms of Service and any non-English versions, the English version shall prevail.
|
|
17.5.
|
Nothing in the Agreement shall be construed as creating any agency, partnership, or any other form of joint enterprise between you and us.
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|
17.6.
|
No waiver by us of any term of this Agreement shall be construed as a waiver of any prior or following breach of any term of this Agreement.
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|
17.7.
|
Unless otherwise expressly stated in the Agreement, nothing in this Agreement shall create or confer any rights or any other benefits to third parties.
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GOVERNING LAW AND JURISDICTION
This Agreement and the relationship between you and us will be governed by, and interpreted in accordance with the laws of England and Wales. If you wish to take court proceedings against us you must do so in the courts located in England and Wales.
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JACKPOT WINNINGS
Jackpot prizes shall be awarded to the winners only after being validated.
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GENERAL SPORT BETTING TERMS
|
20.1.
|
These Betting Rules are inseparably linked to our Terms & Conditions, of which they form a part, and acceptance of these Betting Rules is a prerequisite to account registration. Any capitalized terms used herein which are not defined shall take their meaning from the Terms & Conditions.
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|
20.2.
|
The minimum amount you may wager on our sports betting products is £0.10. Your maximum amount for a bet differs between sports, leagues and bets. You will see the exact value specified in the field where you enter the stake amount, when placing a bet. We make no guarantee that any bet placed within or for the maximum stake shall be accepted.
Terms & Conditions.
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|
20.3.
|
We reserve right to refuse the whole or any part of any bet request for any reason and at our sole discretion. Individual bet requests may be reviewed and an alternative price or stake offered at our sole discretion.
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20.4.
|
We accept bets made online. Bets are not accepted in any other form (email, telephone, fax, etc.) and if received will be void, win or lose.
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20.5.
|
We reserve the right to refuse/cancel any bet or part of a bet before the game starts and to make ambiguous bets void, without providing any justification.
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20.6.
|
Customers cannot cancel or change a bet once the bet has been placed and confirmed.
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20.7.
|
Bets will be accepted up to the advertised start time. If a bet is inadvertently accepted which includes an event after its start time, unless it is a live-betting event, the match/bet will be treated as a non-runner.
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|
20.8.
|
Irrespective of which betting odds format you select for odds to be shown in your customer account, all bets will be settled based on American odds.
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20.9.
|
Where we have reason to believe that a bet is placed after the outcome of an event is known or after the selected participant or team has gained a material advantage (e.g. a score, sending off etc.) we reserve the right to void the bet, win or lose.
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20.10.
|
We reserve the right to cancel any bets from customers who place money on an event where they are in any way involved, as participants, referee, coach etc.
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20.11.
|
We reserve the right to withhold payment and to declare bets on an event void if we have evidence that the following has occurred: (i) the integrity of the event has been called into question or (ii) match rigging has taken place. Evidence may be based on the size, volumes or pattern of bets placed with Aspire Global International LTD across any or all of our betting channels.
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20.12.
|
When an event is cancelled, all related bets will be void automatically and accounts refunded.
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20.13.
|
If any match is abandoned due to injury, bad weather, crowd trouble etc. all bets that have already been settled up until the time of abandonment will stand. For example: If a football match is abandoned in the second half, all bets involving the 1st half will stand. What’s more, if there has been a goal scored, the first goal scorer market will stand, but the last and any time goal scorer bets will be void. For tennis: if a player retires injured in the 3rd set, all bets to win the 1st and 2nd sets will stand.
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20.14.
|
We do not accept any responsibility for typing, human or palpable errors, which lead to obvious price errors. In such cases all bets will be deemed void.
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20.15.
|
Multiple bets that combine different selections within the same event are not accepted where the outcome of one affects or is affected by the other. If such a bet is taken in error, the bet will be cancelled.
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20.16.
|
We offer you the ability to bet in play on a variety of global sporting events and while we do make every effort to ensure all live betting information is accurate, there may be situations where such information is incorrect, due to delays or otherwise. When checking live betting odds, live event start times or any other live event markets, please be aware that such information is provided as a guide only and we accept no liability for the outcome of any inaccuracies which may occur. It is the sole responsibility of the customer to check such information is accurate at the time of publication.
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20.17.
|
The official result is final for settlement purposes except where specific rules state the contrary. The podium position in Grand Prix racing, the medal ceremony in athletics and any similar official ceremony or presentation in other sports are to be treated as the official result.
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20.18.
|
Winnings will be credited to the customer’s account following confirmation of the final result.
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20.19.
|
We reserve the right to void any or all bets made by any person or group of persons acting in an attempt to defraud us.
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20.20.
|
We reserve the right to void any bet that may have been accepted when the account did not have sufficient funds to cover the bet. If an account has insufficient funds as a result of a deposit that has been cancelled by the payment processing party, we reserve the right to cancel any bet that may have been accepted retroactively.
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LIMITATIONS ON YOUR WINNINGS ON SPORTS BETTING
Unless stated in any promotion terms the following will apply to your bets on our sports products or services:
|
21.1.
|
For the purposes of this Section 20, the maximum winnings from sports betting are exclusive of
the stake which you place.
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21.2.
|
Subject to Section 20.5, the maximum amount of winnings which is payable to you with respect to any bet on our sports products and services is £90,000 (ninety thousand pounds) (the "Maximum Win Per Bet"). By way of example, if you win £100,000 (one hundred thousand pounds) on a bet on our sports products and services (without the application of the Maximum Win Per Bet cap), the actual winnings credited to your Player Account will be capped at £90,000 (ninety thousand pounds).
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21.3.
|
Subject to Section 20.5, the maximum amount of winnings which is payable to you with respect to bets on our sports products and services in any calendar month is £90,000 (ninety thousand pounds) ("Maximum Winnings Per Month"). By way of example, if you win £120,000 (one hundred thousand pounds) on a bet or series of bets on our sports products and services (without the application of any cap on winnings) in a particular calendar month, the maximum winnings on such bets credited to your Player Account will be capped at £90,000 (ninety thousand pounds).
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21.4.
|
Notwithstanding Sections 20.2 and 20.3, we reserve the right not to accept any bet if the winnings for such bet will cause the Maximum Win Per Bet and/or Maximum Winnings Per Month limits to be exceeded.
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21.5.
|
If we reasonably believe that you are acting together with another player or group of players in placing bets on our sports products or services containing the same or related selections on particular event(s), we shall be entitled to apply the Maximum Win Per Bet and the Maximum Winnings Per Month caps to the aggregate of the winnings from the relevant bets placed by you and the other players, whom we reasonably believe to be acting together, as if such bets were placed by you alone rather than applying the Maximum Win Per Bet and Maximum Winnings Per Month caps separately to the winnings of each individual player.
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21.6.
|
If you have placed several identical bets (single bets or combination bets, single or multiple) and the winnings exceed the Maximum Winnings Per Month, we may reduce the stakes that you have placed on these bets so that the winnings are within such limits.
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21.7.
|
Where you place a bet on a sport which is regulated by a sports governing body included in Part 3 Schedule 6 of the Gambling Act 2005 or published on the Gambling Commission's website (each a “Sports Governing Body”), in order for your bet to be accepted as a valid bet by us, you must not be in breach of any rules concerning irregular and/or suspicious betting or misuse of information relating to: (i) the applicable Sports Governing Body; (ii) any other professional body of which You are a member of; or (iii) your employers. If we suspect you are in breach of the foregoing, we reserve the right to void the relevant bet.
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ADDITIONAL FRAUD AND COLLUSION PROVISIONS WHICH RELATE SPECIFICALLY TO SPORTS BETTING
|
22.1.
|
A number of bets may be treated as being one when a Customer places multiple copies of the same bet. When this occurs all bets may be voided apart from the first bet struck. A number of bets that contain the same single selection may be treated as being one. When this occurs all bets may be voided apart from the first bet struck. An example would be where 1 particular selection is repeatedly included in multiple bets involving other short-priced selections.
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22.2.
|
Where there is evidence of a series of bets each containing the same (or very similar) selection(s) having been placed by or for the same individual or syndicate or individuals, we reserve the right to make bets void and suspend relevant accounts. This rule applies to both settled and unsettled bets.
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22.3.
|
If you have played in a professional capacity, or in tandem with other customer(s) as part of a club, group, etc., or placed bets or wagers in a coordinated manner with other customer(s) involving the same (or materially the same) selections; in this instance we further reserve the right, at our sole discretion, to restrict the total maximum pay out for the combined total of any such bets, to the equivalent of the Maximum Winnings Per Month limit permitted for a single Customer (as outlined at section 20 above). Aspire Global International LTD is for sole use on an individual basis and for personal entertainment only.
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22.4.
|
We allow only one account per person. Any subsequent accounts opened under the same postcode/personal details/IP address that are found to be related to any existing account may be closed immediately and any bets will be voided at our discretion. We reserves the right to reclaim any winnings attained by these means and we reserve the right to withhold all or part of your balance and/or recover from your account deposits, pay outs, bonuses, any winnings that are attained by these means.
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PLEASE PRINT AND RETAIN A HARD COPY OF THIS AGREEMENT FOR YOUR RECORDS.
Version 259
Updated on 18.05.2023
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