TERMS
OF USE OF THE SERVICES
1. INTRODUCTION: KEY DEFINITIONS AND WHAT MAKES UP YOUR TERMS OF USE
The following definitions are used in these terms and conditions:
"Access Device"
means any electronic means of accessing the Services, including, but not limited to, computers, smartphone devices, feature
phones, tablet devices, touch devices or any home entertainment system such as video games consoles and smart TVs (or by any
other remote means);
"Bonus Terms" means any terms and conditions and/or rules with regard to promotions,
bonuses and special offers which may apply to any part of the Services from time to time;
"Buy-In Balance"
means any amount or amounts You have committed to a buy-in amount as required under any Bonus Terms applicable to a Promotion,
in order to participate in that Promotion (including any winnings from wagers made with such funds and which are allocated
to this balance);
"Download Terms" means any additional end user terms and conditions of use which
You are required to confirm Your agreement to as part of the download and/or installation of any software which You may download
in order to be able to use the Website, including the Playtech End User Licence Agreement which can be found in the Appendix
to these General Terms;
"Free Bet Promotion" means a Promotion where a bonus is added to Your Account specifically
for betting on sports, including bonuses (i) in the form of a free bet of fixed value for making a wager on a specified market
or a market of Your choosing and (ii) in the form of funds with a value linked to the amount of a buy-in (which You have added
to your Buy-In Balance) for use on multiple wagers, and subject to Wagering Requirements;
"Gambling Commission"
means the regulator of commercial gambling in Great Britain whose website is at http://www.gamblingcommission.gov.uk/;
"General
Terms" means the terms and conditions set out in this document;
"Group" means in relation to any party,
a company which is from time to time a subsidiary or the ultimate holding company of that party or another direct or indirect
subsidiary of any such ultimate holding company. For the purposes of this definition "subsidiary" and "holding
company" have the meaning given to these expressions in section 1159 of the Companies Act 2006 as amended from time to
time;
"Operator"
means WHG (International) Limited, a company registered in Gibraltar with registered company number 99191 and whose registered
office is at 6/1 Waterport Place, Gibraltar, as licensed by:
- the Gambling Commission, with the licence number
set out on the footer of the Website, in relation to any Transaction (as defined in paragraph 9.2) placed by You if either:
(a) Your Account (as defined in paragraph 4.1) is registered with an address in Great Britain, or (b) You are physically present
in Great Britain at the time when the Transaction is placed by You; and
- the Government
of Gibraltar and regulated by the Gibraltar Gambling Commissioner, with licence numbers 034 and 042 , in relation to all other
Transactions which are placed by You.
"Privacy Policy" means the Operator's privacy policy accessed
via the Privacy Policy link;
"Promotion" means a special offer made available for You in relation to our Services
consisting of a funds or equivalent provided by us and added to Your Account from which You can place wagers, including without
limitation; deposit matching funds for wagering at Your discretion, free spins on specific games, and free bets for sports
betting;
"Related Account Terms"means the terms and conditions set out in Appendix
1 of these General Terms which form part of the Terms of Use;
"Rules" means the Betting Rules and the
Game Rules specifically applicable to the relevant type of betting and/or gaming, as identified in more detail in paragraph
1.3.1 and 1.3.2;
"Services" means, as appropriate, the services offered for the time being by the
Operator through the Website, Telebetting and/or via any Access Device application;
"Telebetting"
means the telephone betting service for the time being offered by the Operator;
"Terms of Use"
means (a) the General Terms; (b) the Privacy Policy; (c) where appropriate under paragraph 1.3, the relevant Rules, Bonus
Terms and Additional Terms applicable to the Services that are being used by You; (d) Related Account Terms; and (e) any Download
Terms;
"Wagering
Requirements" means any requirement under Bonus Terms for You to make wagers totalling a particular value in order
for bonus funds (including bonus winnings) to become withdrawable from Your Account, whether the total requirement is expressed
as a fixed amount or as a multiple of another amount, such as the size of a buy-in amount deposited by you in your Buy-In
Balance, or a bonus received by You. For the avoidance of doubt this excludes a requirement that the bonus funds must be wagered
once, but only if the Bonus Terms allow You immediately to withdraw any winnings from wagering that bonus; and
"Website"
means the website or any respective page, subpage, subdomain or section thereof from time to time, located at or accessible
via the domain name: http://www.williamhill.com/
1.2 By using and/or visiting any section of the Website,
or by opening an account with the Operator through the Website, or through accessing Telebetting, You agree to be bound by
the Terms of Use and You accordingly: (a) agree to the use of electronic communications in order to enter into contracts;
and (b) waive any applicable rights or requirements which require a signature by hand, to the extent permitted by any applicable
law. The Terms of Use do not affect your statutory rights.
1.3 In addition, where You play any game, or place a bet using the Services, or otherwise use the Services, You agree
to be bound by:
1.3.1 the Rules For
All Sports Bets on the William Hill Sportsbook as set out under the general Help section ("the Betting Rules");
1.3.2 the Rules of any game You play ("Game Rules"),
as set out under the relevant general Help section and any Rules tabs, including (without limitation):
1.3.2.1 for games under the 'Casino'
tab: the Casino Rules for the relevant game;
1.3.2.2
for games under the ''Poker' tab: the Poker Rules for the relevant game;
1.3.2.3
for games under the ''Games' tab: the Games Rules for the relevant game;
1.3.2.4
for games under the ''Vegas' tab: the Vegas Rules for the relevant game;
1.3.2.5 for Live Casino
games under the ''Live Casino' tab: the Live Casino Rules for the relevant game;
1.3.2.6 for games
under the ''Scratchcards' tab: the Scratchcard Rules for the relevant game;
1.3.2.7
for any of the games under the ''Bingo' tab: the Bingo Rules for the relevant game;
1.3.2.8
for any of games under the ''Financials' tab:
the relevant Financial betting rules for the relevant game;
1.3.2.9 in respect
of any new games, the rules applicable to such game;
1.3.3 any Bonus Terms;
1.3.4 any Download
Terms;
1.3.5 any terms and conditions relating to withdrawals
which are contained in the 'Withdrawal' part of the Help section of the Website ("Withdrawal Terms"); and
1.3.6 any other terms applicable to the Services and/or which You are required to confirm Your agreement to as part
of the Services, for example the terms relating to the Tip Advisor service ("Additional Terms").
1.4
The original text of the Terms of Use are in English and any interpretation of them will be based on the original English
text. If the Terms of Use or any documents or notices related to them are translated into any other language, the original
English version will prevail.
1.5 In the event that
there is any specific conflict or inconsistency between any of the individual parts of the Terms of Use making up Your contract
with the Operator, the order of precedence shall be as follows:
1.5.1 the Withdrawal Terms;
1.5.2
the Bonus Terms;
1.5.3 the Betting
Rules;
1.5.4 the Game Rules;
1.5.5 the Additional Terms;
1.5.6 the Related Account Terms;
1.5.7
the General Terms;
1.5.8 the Privacy
Policy; and
1.5.9 the Download Terms.
1.6 Please read the Terms of Use carefully before accepting them. Once You
have accepted the Terms of Use, please print the Terms of Use and store them, along with all confirmation emails, additional
terms, transaction data, game rules, fair deal rules and payment methods relevant to Your use of the Website. Please note
that the Terms of Use are subject to change, as set out in paragraph 3 below.
1.7 If You do not agree to accept and be bound by the Terms of Use please do not open an account, and/or continue
to use Your Account. Your continued use of any of the Services will constitute acceptance of the Terms of Use which we have
notified You are in force from time to time.
1.8
The Terms of Use govern Your contract with the Operator and will come into effect on 28th February 2018. For the avoidance of doubt, each and all sections of the
Website and Telebetting are governed by the Terms of Use, and You should ensure at all times that Your use of the Services
is in accordance with the Terms of Use.
GENERAL TERMS
2. CONTRACTING PARTIES
2.1 The Terms of Use shall be agreed between You and
the Operator.
2.2 The Website, the odds and prices contained in it
and the Terms of Use are translated into a number of languages and are therefore intended to be used by the citizens of the
relevant countries and other countries which speak those languages.
2.3 References in the Terms of Use to "us",
"our" or "we" are references to:
2.3.1
the Operator; or
2.3.2 in the case
of terms and conditions relating to monies held in Your Account from time to time, to any Operator Group company which holds
such money and shall (where appropriate) be deemed to include our agents, partners, and suppliers.
3. CHANGES TO THE TERMS OF
USE
3.1 We may need to change the Terms of Use from time
to time for a number of reasons, including (without limitation) for commercial reasons, to comply with law or regulations,
to comply with instructions, guidance or recommendations from a regulatory body, or for customer service reasons. The most
up-to-date Terms of Use can be accessed from the Terms and Conditions link in the footer section of the Website, and the date on which they will come into force is noted in paragraph 1.8
of these General Terms.
3.2 Where we wish
to make substantial changes to the Terms of Use, we will give You as much prior notice of such changes as is reasonably practicable
via one of the methods set out in paragraph 3.3. For minor or insubstantial changes, we may not give You any notice of such
changes, so You are advised to review the Terms of Use through the Terms and Conditions link on the Website on a regular basis.
3.3
Where we make changes to the Terms of Use which we wish to notify You of, we will do so by such method of notification as
we may, in our discretion, deem appropriate, which may comprise:
3.3.1 email (to the email address You have previously supplied us with, if any);
3.3.2 a message to Your Inbox on the Website; or
3.3.3 notice on the Website and we may, at our discretion, invite You to accept the
new Terms of Use by clicking on "yes" or "I accept", checking a 'tick box' or any other similar
method of confirmation by You. If You provide us with any such confirmation, or continue to use the Website or Telebetting
after notification under this paragraph 3, You shall, from such time, be deemed to have accepted, and be bound by, the new
Terms of Use, including (for the avoidance of doubt) any additions, removals, substitutions or other changes to the identities
of the Operator, whether or not You have read the revised Terms of Use. If any change is unacceptable to You, You may either
cease using the Services and/or close Your Account by complying with paragraph 12 of these General Terms.
3.4 Notwithstanding this clause 3, should we wish to make any changes to the terms
upon which Your funds are held under clause 7.3, we shall notify You in advance by such method as we may, in our discretion,
deem appropriate, but such method shall require You to acknowledge receipt of such information by clicking on "yes"
or "I accept", checking a 'tick box' or any other similar method of acknowledgment by You. If You provide
us with any such acknowledgment, You shall, from such time, be deemed to have accepted, and be bound by, the new Terms of
Use. If any change is unacceptable to You, You may either cease using the Services and/or close Your Account by complying
with paragraph 12 of these General Terms.
4. OPENING YOUR ACCOUNT
4.1 In order to place a bet or play a game using the Services, You will need to open
an account with the Operator ("Your Account" or "Account").
4.2 In order to open Your Account for use with the Services, You can:
4.2.1 contact Customer Services;
4.2.2
click on Join Now on the Website and follow the on-screen instructions;or
4.2.3 open by such other Account opening method as shall, from time to time be offered by the Operator;
4.3 Your Account will either be operated by the Operator, or by another company in
its Group for and on behalf of itself and/or the relevant Operator Group company with whom You have contracted.
4.4 When You open Your Account You will be asked to provide us with personal information,
including Your name and date of birth and appropriate contact details, including an address, telephone number and e-mail address
("Your Contact Details"). You may update Your Contact
Details from time to time by contacting Customer Services; or through the My Account management page on the Website: or by such other method as shall, from time to time, be offered by the
Operator.
4.5 If You do not wish Your Contact Details to be used
by us and our business partners to contact You to inform You of marketing information relating to others of our goods, products
or services or those of our business partners, please indicate that this is the case by either updating your preferences
under 'My Account/Details & Settings' or by informing Customer Services.
4.6 In opening Your Account You warrant that:
4.6.1 You understand and accept the risk that, by using the Services, You may, as
well as winning money, lose money;
4.6.2 You are: (a)
over 18 years of age; and (b) above the age at which gambling or gaming activities are legal under the law or jurisdiction
that applies to You (the "Relevant Age");
4.6.3 gambling is not illegal in the territory where You reside;
4.6.4 You are legally able to enter into contracts;
4.6.5 You have not been excluded from gambling; and
4.6.6 You have not already had an Account closed by us under paragraphs 11 (Collusion,
Cheating, Fraud and Criminal Activity), 20 (Breach of the Terms of Use) or at Your request under paragraph 33.1 (Responsible
Gaming/Gambling).
4.7 Your Account must
be registered in Your own, correct, name and personal details and it shall only be issued once for You and not duplicated
through any other person, family, household, address (postal or IP), email address, Access Device or any environment where
Access Devices are shared (e.g. schools, workplaces, public libraries etc) and/or account in respect of the Services. Any
other accounts which You open with us, or which are beneficially owned by You in relation to the Services shall be "Duplicate Accounts". We may close any Duplicate Account (but
shall not be obliged to do so). If we close a Duplicate Account:
4.7.1 all bonuses, free bets and winnings accrued from such bonuses and free bets obtained using that Duplicate Account
will be void and forfeited by You;
4.7.2 we may, at our
entire discretion, void all winnings and refund all deposits (less amounts in respect of void winnings) made in respect of
that Duplicate Account and, to the extent not recovered by us from the relevant Duplicate Account, any amounts to be refunded
to us by You in respect of a Duplicate Account may be recovered by us directly from any other of Your Accounts (including
any other Duplicate Account); or
4.7.3 we may, at our
entire discretion, allow usage of the Duplicate Account to be deemed valid in which case all losses and stakes placed by or
for You through the Duplicate Account shall be retained by us.
5. VERIFICATION OF YOUR IDENTITY; MONEY LAUNDERING REQUIREMENTS
5.1 You warrant that:
5.1.1 the name and address You supply when opening Your Account are correct; and
5.1.2 You are the rightful owner of the money which You
at any time deposit in Your Account.
5.2
By agreeing to the Terms of Use You authorise us to undertake any such verification checks from time to time as we may require
ourselves or may be required by third parties (including, but not limited to, regulatory bodies) to confirm these facts (the
"Checks"). You agree that from time to time, upon
our request, You may be required to provide additional details in respect of any of such information You have provided us,
including in relation to any deposits which You have made into Your Account.
5.3 Whilst we are undertaking any Checks from time to time, we may restrict You from withdrawing funds from Your
Account and/or prevent access to all or certain parts of the Website. Please note that we may from time to time reperform
the Checks for regulatory, security or other business reasons. If any such restrictions cause You a problem, please contact
Customer Services.
5.4 In certain circumstances
we may have to contact You and ask You to provide further information to us directly in order to complete the Checks. For
this purpose, we will be entitled, at our sole discretion, to require that You provide us with a notarised ID or any equivalent
certified ID according to the applicable law of Your jurisdiction or otherwise, proof of address, utility bills, bank details,
bank statements and bank references and any documentation that validates your source of funds. Until such information has
been supplied to our satisfaction we may prevent any activity to be undertaken by You in relation to the Account or we may,
where we reasonably believe that deliberately incorrect information has been provided by You, keep any amount deposited on
the Account following the closure of the Account by us.
5.5 It may be an offence for persons under the Relevant Age to make use of the Website. If we are unable to confirm
that You are the Relevant Age then we may suspend Your Account until such time that we are able to confirm that You are the
Relevant Age. If You are subsequently proven to have been under the Relevant Age at the time You made any gambling or gaming
transactions with us, then:
5.5.1 Your Account
will be closed;
5.5.2 all transactions
made whilst You were underage will be made void, and all related funds deposited by You will be returned by the payment method
used for the deposit of such funds, wherever practicable;
5.5.3 any deposits made whilst You were under the Relevant Age will be returned to You; and
5.5.4 any winnings which You have accrued during such time when You were under the
Relevant Age will be forfeited by You (and may be deducted from the amount of any deposit returned under paragraph 5.5.3)
and You will return to us on demand any such funds which have been withdrawn from Your Account.
6. USERNAME, PASSWORD, PIN
and CUSTOMER INFORMATION
6.1 After opening
Your Account, You must take all reasonable steps to avoid disclosing (whether deliberately or accidentally) Your username,
password and/or account number to anyone else, including (where practicable) ensuring that up-to-date security software is
downloaded onto Your Access Device.
6.2
All transactions made where Your username and password and/or account number have been entered correctly will be regarded
as valid, whether or not authorised by You, and we shall not be liable for any claims in the event that You disclose Your
username, password or account number to anyone else (whether deliberately or accidentally).
6.3 If You have lost or forgotten Your Account details, or have reason to believe
that such details are known to an unauthorised third party, please contact us immediately for a replacement through Customer
Services, details of which can be found in the Contact Us or Help section of the Website.
7. DEPOSITS AND WITHDRAWALS FROM YOUR ACCOUNT
7.1 If You wish to participate in the Services, You must deposit monies into Your
Account from an account or source of which You are the account holder. Such monies may (subject to paragraph 5) then be used
by You to place bets or play games. Further details of how to deposit, withdraw and transfer funds can be found in the Deposit
part of the Help section of the Website. If You use a payment method in respect of which You are not the account holder,
we reserve the right to treat any deposit into the Account as being invalid (and any winnings arising from such deposit as
void) pending the satisfactory completion of all relevant Checks.
7.2 You further agree not to make any charge-backs, reversals or otherwise cancel any deposits into Your Account,
and in any such event to refund and compensate us for such unpaid deposits including any expenses incurred by us in the process
of collecting Your deposit. For the avoidance of doubt Your Account shall not be used by You as a bank account and, should
we become aware of deposits into and withdrawals from Your Account without commensurate betting or gaming activity, we reserve
the right to deduct an administration charge (whether or not we close or suspend the account). Monies deposited with us in
Your Account shall not attract interest.
7.3
We are required by our licence to inform customers about what happens to monies which we hold on account for You, and the
extent to which such monies are protected in the event on insolvency. http://www.gamblingcommission.gov.uk/Consumers/Protection-of-customer-funds.aspx. Monies deposited by You to Your Account will be held in a bank account and/or escrow account which will be kept separate
from our company funds. Monies in Your Account are not insured, guaranteed, sponsored or otherwise protected by any deposit
or banking insurance system or by any other similar insurance system. As such, monies in Your Account are not protected in
the event of insolvency. This meets the Gambling Commission's requirements for the segregation of customer funds at the
level: basic segregation.
7.4 We may at any
time set off any positive balance on Your Account against any amount owed by You (including under a Duplicate Account) to
any other company within the Operator's Group (irrespective of whether there has been a breach of the Terms of Use), including
(without limitation) where we re-settle any bets or wagers pursuant to paragraph 4.7(Duplicate Accounts), paragraph 11 (Collusion,
Cheating, Fraud and Criminal Activity) or paragraph 18 (Errors or Omissions).
7.5 To the extent required by Your local law or tax or other authorities You are responsible for reporting Your winnings
and losses arising from the Services.
7.6
You can set a deposit limit on Your Account in any one day. This limit cannot be increased without giving us twenty four hours'
notice of Your wish to increase Your deposit limit and only when twenty four hours have elapsed from Your request for such
an increase will the increase apply. For details of how to set up a deposit limit please contact Customer Services, or (where
Your Account is for the Website) set up the limit through the Website by clicking on My Account, then Update Account Details.
Any confirmed reductions to your deposit limit will be of immediate effect.
7.7 Subject to paragraph 12 (Closure of Your Account; etc), You may request withdrawal of funds from Your
Account at any time (note that this right of withdrawal includes the right to withdraw the entirety of Your Buy-In Balance
and any other deposit funds), provided that:
7.7.1
all payments made into Your Account have been confirmed as cleared and none have been charged-back, reversed or otherwise
cancelled;
7.7.2 any Checks referred to in paragraph 5 (Verification
of Your Identity; Money Laundering Requirements) above have been completed by us to our satisfaction; and
7.7.3 You have complied with any other relevant withdrawal conditions
affecting Your Account. Note that in the Withdrawal Terms there are some minimum withdrawal amount limits (which
differ depending on the payment method you select), but if Your Account has less than such minimum (including in any Buy-In
Balance) we will process a withdrawal for the balance in Your Account in any event (even though there is the stated minimum).
7.8 On any withdrawal approved by us, provided
that You give us sufficient information as to how the funds should be transferred to You, we will return the relevant funds
to You in accordance with paragraph 7.7 (less charges incurred or any other amount required to be deducted from Your withdrawal
in order to comply with any applicable law). Please note that withdrawal by You of any Buy-In Balance will result in cancellation
of any Bonus Balance associated with that Buy-In Balance in accordance with the Bonus Terms relating to that Promotion. In
order to withdraw your Buy-In Balance you may need to cancel out first of any Promotion to which the Buy-In Balance relates
and if this is required full instructions as to how to do so are contained in the Bonus Terms relevant to that Promotion.
7.9 We will attempt to accommodate Your request regarding
the payment method and currency of payment of Your withdrawal. This, however, cannot be guaranteed. Therefore, we may process
and pay withdrawals in a different payment method than the one requested by You, such as through different payment providers,
a bank draft or wire transfer (any charges associated with relevant payment methods are set out in the Withdrawal part of
the Helpsection of the Website). Similarly, in certain cases, the currency of Your withdrawal may not be the currency in which Your
deposit was made or that was otherwise requested by You and, in circumstances where we are required to convert Your deposits
between different currencies, the conversion rate used by us is as stated in the Help section of the Website.
7.10
Inactive Account Fee. If You do not use Your Account for betting or gaming, making a deposit, withdrawal or transfer, or if
it is otherwise inactive, for a period of at least 13 consecutive months then it will be an "Inactive Account". All Inactive Accounts will incur a fee("Inactive Account
Fee"), the details of which can be found in the Help section of the Website. We will notify You when Your Account becomes
an Inactive Account, and at least 14 days before any Inactive Account Fee is deducted from it.
8. LEGAL USE OF THE WEBSITE
8.1 Access to or use of the Website or any of the Services
via the Website may not be legal for some or all residents of or persons in certain countries. We do not intend that the Website
should be used for betting, gaming or any other purposes by persons in countries in which such activities are illegal, which
includes the United States of America and those territories listed via the Help section on the Website. The fact that the
Website is accessible in any such country, or appears in the official language of any such country shall not be construed
as a representation or warranty with respect to the legality or otherwise of the access to and use of the Website, and the
making of deposits or receipt of any winnings from Your Account. The availability of the Website does 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.
8.2
It is Your responsibility to determine the law that applies in the location in which You are present. You should ensure that
You will be acting legally in Your jurisdiction in opening Your Account and/or using the Website and You represent, warrant
and agree that You will do so.
8.3 If it becomes
apparent to us that You are resident in a country in which the use of the Website is not legal, we shall be entitled immediately
to close Your Account, in which case any balance on the Account on the date of such closure will be refunded to You as soon
as it is practicable for us to do so.
9. PLACING YOUR BET AND/OR GAMING USING THE SERVICES
9.1 In order to place a bet or access a Service you should follow the instructions
provided at the Help section.
9.2 It is Your responsibility
to ensure that the details of any bet, stake or similar transaction that you place using the Services (a "Transaction") are correct in the following manner:
9.2.1 when using the Website (either directly, through an application or otherwise)
in accordance with the relevant Betting Rules or Game Rules, as appropriate; and
9.2.2 when using Telebetting, your bet will be read back to you and you will be asked
to confirm that it is correct to our telephone agent.
9.3 Your Transaction history can be accessed by you by clicking My Account on the Website, or through our Customer
Services team (including by opting to receive a written statement).
9.4 We reserve the right to refuse the whole or part of any Transaction requested by You; (a) where
You have breached the Terms of Use, or (b) at any time in our sole discretion except that we will not exercise such discretion
or seek to enforce such discretion if You have made one or more qualifying bets in respect of a Free Bet Promotion) and the
exercise of our discretion would:
9.4.1 affect
Your ability to:
9.4.1.1 receive the free bets, or the full expected value of the free bets from
that Free Bet Promotion, having placed all the necessary qualifying bets; and
9.4.1.2 place
the remaining qualifying bets required by that Free Bet Promotion, and consequently receive the free bets, or the full expected
value of the free bets from that Free Bet Promotion, to which You would be entitled as a result; and
9.4.1.3 attempt
to complete any Wagering Requirements associated with that Free Bet Promotion; or
9.4.2 materially
affect Your ability to complete the qualifying bets required by that Free Bet Promotion.
9.5 No Transaction is accepted by us until You have given the appropriate confirmation
(or it has otherwise been accepted by us) in accordance with paragraph 9.2. If You are in any doubt as to whether a Transaction
has been accepted successfully, You should contact Customer Services.
Once a Transaction has been accepted by us, You cannot cancel the transaction unless we agree otherwise. If You are
making a telephone-betting transaction and the relevant telephone connection becomes unexpectedly disconnected, we shall nevertheless
place the relevant bet if (a) we are clear as to your intended instruction; (b) the bet details have been provided to us by
You prior to the point at which we cease accepting bets on the relevant event; and (c) the bet is acceptable to us in the
ordinary course of business. In the event of any such telephone disconnection, You should immediately contact our Customer
Service team for confirmation as to whether your bet has been placed.
9.6 We may, at our discretion (and provided that neither You nor we gain any unfair advantage), elect to accept a
bet notwithstanding that the relevant event has begun. In respect of gaming, the relevant Game Rules shall set out the point
at which no further stakes will be accepted by us.
9.7 We may cancel or amend a Transaction pursuant to the provisions of paragraph 5 (Verification of Your Identity),
paragraph 11 (Collusion, Cheating, Fraud and Criminal Activity) or paragraph 18 (Errors or Omissions).
10. REMOTE GAMING OR BETTING
10.1 Where You are accessing the Services via an electronic
form of communication You should be aware that:
10.1.1
in relation to Your use of the Website for the placing of bets or playing of games:
10.1.1.1 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 events offered via the Website;
10.1.1.2 You may encounter system flaws, faults, errors or service interruption which
will be dealt with in accordance with paragraph 17 (IT Failure);
10.1.1.3 the Game Rules for each event or game offered via the Website are available and should be considered by
You prior to Your use of the Services offered via the Website; and
10.1.1.4 in games offered via the Website which benefit from more players or greater liquidity we may deploy automated
players ("Bots")(whose usernames will be "bot") who are pre-programmed to play and join in with the game
in order to assist the liquidity or the number of players gaming, although we will not use Bots without making such usage
clear to You. We can categorically confirm that We do not deploy Bots in our Poker software and will take active steps in
conjunction with our software providers to prevent their usage by any users of the Services; and
10.1.2 in relation to Your use of the Services, if You are betting on an "in
running" event, You may not at any relevant time be able to see or otherwise be provided with the most up-to-date information
in relation to the relevant event. We shall not be liable to You in respect of any losses suffered or costs incurred by You
as a result of any delay in the transmission of information relating to any "in running" event.
11.COLLUSION, CHEATING, FRAUD
AND CRIMINAL ACTIVITY
11.1 The following
practices (or any of them) in relation to the Services:
- abuse of bonuses or other promotions; and/or
- using unfair external factors or influences (commonly known as cheating); and/or
- taking unfair advantage (as defined in paragraph 11.5.3);
- opening any Duplicate
Accounts; and/or
- undertaking fraudulent practice or criminal activity (each as defined
in paragraph 11.5),
constitute "Prohibited Practices". Prohibited Practices are not permitted
and will constitute a material breach of the Terms of Use. We will take all reasonable steps to prevent and detect Prohibited
Practices and to identify the relevant players concerned if they occur. Subject to the above, however, we will not be liable
for any loss or damage which You may incur as a result of any Prohibited Practices, and we alone will decide any action we
take in respect of any Prohibited Practices.
11.2 If
You suspect a person is engaged in any Prohibited Practice, please tell us about it as soon as you can, by e-mailing us or
telephoning Customer Services.
11.3 You
agree that You shall not participate in or be connected with any form of Prohibited Practice.
11.4 If:
11.4.1 we have reasonable grounds to believe that You have participated in or have been connected with
any form of Prohibited Practice (this may include the use by us (and by our gaming partners and our other suppliers) of any
fraud, cheating and collusion detection practices which are used in the gambling and gaming industry at the relevant time);
or
11.4.2 You have placed bets and/or played online
games with any other online provider of gambling services and are suspected (as a result of such play) of any equivalent to
any Prohibited Practice on those other gambling services, or other improper activity; or
11.4.3 we become aware that You have "charged back" or denied any of the
purchases or deposits that You made to Your Account; or
11.4.4 in our reasonable opinion your continued use of the Services may be detrimental to our regulated status, including
our continued ability to be licensed by the Gambling Commission and/or the Gibraltar Gambling Commissioner; or
11.4.5 You become bankrupt or suffer similar proceedings anywhere in the world,
then, we shall have the right, in respect of Your Account
(and/or any other account held by You with an Operator Group company) to withhold the whole or part of the balance and/or
recover from the account the amount of any deposits, pay-outs, bonuses or winnings which have been affected by or are in any
way attributable to any of the event(s) listed in this paragraph 11.4. The rights set out in this paragraph 11.4 do not affect
any other rights (including any common law rights) we may have against You, under the Terms of Use or otherwise.
11.5 For the purposes of this paragraph 11:
11.5.1 "fraudulent practice"
means any fraudulent activity engaged in by You or by any person acting on Your behalf or in collusion with You, and shall
include, without limitation: (a) fraudulent charge-backs and rake-back activity; (b) the use by You or any other person who
was participating in the same game as You at any time, of a stolen, cloned or otherwise unauthorised credit or debit card,
as a source of funds; (c) the collusion by You with others in order to gain an unfair advantage (including through bonus schemes
or similar incentives offered by us); (d) any attempt to register false or misleading account information; and (e) any actual
or attempted act by You which is reasonably deemed by us to be illegal in any applicable jurisdiction, made in bad faith,
or intended to defraud us and/or circumvent any contractual or legal restrictions, regardless of whether such act or attempted
act actually causes us any damage or harm;
11.5.2
"criminal activity" shall include, without limitation,
money laundering and any offence under section 42 of the Gambling Act 2005; and
11.5.3 "unfair advantage"
shall include, without limitation:
11.5.3.1 the exploitation
of a fault, loophole or error in our or any third party's software used by You in connection with the Services (including
in respect of any game);
11.5.3.2 the use of
third party software or analysis systems, including but not limited to, software that includes features that:
11.5.3.2.1 enables play without human intervention (e.g. Bots),
11.5.3.2.2 makes automated decisions,
11.5.3.2.3 shares hole card information, and/or
11.5.3.2.4 provides real time poker coaching;
11.5.3.3 notwithstanding the generality of paragraph 11.5.3.2, the use of Bots for poker games (including, but not
limited to, those games appearing under the Poker tab) and any Bots for skill games (including but not limited to, those skill
games appearing under the Skill tab or Games tab) and Bots for any other use which would otherwise constitute any other Prohibited
Practices;
11.5.3.4 the exploitation by You, of an Error as defined
in paragraph 18.1 below, in any case either to Your advantage and/or to the disadvantage of us or others.
11.6 In exercising any of our rights under paragraph 11.4 in relation to a Prohibited
Practice, we shall use all reasonable endeavours to ensure that, while complying with our regulatory and other legal obligations,
we exercise such rights in a manner which is fair to You and to our other customers.
11.7 We reserve the right to inform relevant authorities, other online gaming or
gambling operators, other online service providers and banks, credit card companies, electronic payment providers or other
financial institutions of Your identity and of any suspected Prohibited Practice by You, and You shall cooperate fully with
us to investigate any such activity.
11.8 Rigging:
We reserve the right to void any bet if we have any suspicion or evidence that the prices or the pool have been manipulated
or where a race, event or match has been rigged and this suspicion or evidence has caused us or any other operator to report
the match to ESSA (Sports Betting Integrity). Evidence of the above may be based on the size, volume or pattern of bets placed
with William Hill across any or all of our betting channels.
12. CLOSURE OF YOUR ACCOUNT; TERMINATION OF THE TERMS OF
USE
CLOSURE
AND TERMINATION BY YOU
12.1 Provided that
Your Account does not show that a balance is due to us, You are entitled to close Your Account and terminate the Terms of
Use on not less than twenty four hours' notice to us at any time, by contacting us through Customer Services, details
of which can be found in the Contact Us and Help section of the Website:
12.1.1
indicating Your wish to close Your Account; and
12.1.2
stating the reasons why You wish to close Your Account, in particular if You are doing so because of concerns over the level
of Your use of the same.
We will respond to
Your request, confirming closure of Your Account and the date on which such closure will be effective, within a reasonable
time, provided that You continue to assume responsibility for all activity on Your Account until such closure has been carried
out by us (at which point the Terms of Use shall terminate).
12.2 When You request closure of Your Account under paragraph 12.1 we will, subject to paragraph 12.3, return any
outstanding balance in Your Account to You.
12.3
Upon any termination of Your Account under this paragraph 12 we shall be entitled (without limiting our rights under paragraph
12.6) to withhold, from the repayment of the outstanding balance on Your Account, any monies: (a) pursuant to paragraph 11
(Collusion, Cheating, Fraud and Criminal Activity); (b) pursuant to paragraph 20 (Breach of the Terms of Use); (c) as otherwise
provided by the Terms of Use (including, as appropriate, paragraph 5.4); or (d) as required by law or regulation.
12.4 When repaying the outstanding balance on Your Account, we shall use the same
method of payment which You provided upon registration of Your Account, or such other payment method as we may reasonably
select.
12.5 Where You have closed Your Account, we may in certain
circumstances be able to re-open Your Account with the same account details as before if You request us to do so. In such
circumstances, while Your Account will have the same account details as before, it will be subject to the Terms of Use which
are in force at the date of any such re-opening and any prior entitlements (including, but without limitation, to bonuses
or contingent winnings) will no longer be valid.
CLOSURE AND TERMINATION BY US
12.6 We are, at any time (and notwithstanding any other provisions contained
in the Terms of Use), entitled to close Your Account and terminate the Terms of Use on written notice (or attempted notice)
to You using Your Contact Details, except that we will, prior to the closure taking effect, if You have made one or more qualifying
bets in respect of a Free Bet Promotion) (other than where we close Your Account in the situation described in paragraph 12.7):
12.6.1 allow You to receive the free
bets, or the full expected value of the free bets from that Free Bet Promotion, having placed all the necessary qualifying
bets; and
12.6.2 allow You to place the remaining
qualifying bets required by that Free Bet Promotion, and consequently receive the free bets, or the full expected value of
the free bets from that Free Bet Promotion, to which You would be entitled as a result; and
12.6.3 allow You the opportunity to attempt to complete any Wagering
Requirements associated with that Free Bet Promotion; and
12.6.4 allow You to complete the qualifying bets required by that Free Bet Promotion. In the event
of any such termination by us we shall, subject to paragraph 12.7, as soon as reasonably practicable following a request by
You, refund the balance of Your Account.
12.7 Where we close Your Account and terminate the Terms of Use pursuant to paragraph 11 (Collusion, Cheating, Fraud and
Criminal Activity) or paragraph 20 (Breach of the Terms of Use), the balance of Your Account will be non-refundable and deemed
to be forfeited by You to the extent of any claim that we may have against You as at the date of such closure (whether under
Your Account, a Duplicate Account or otherwise). Closure of Your Account and Termination of the Terms of Use, other than pursuant
to paragraphs 11 or 20 of these General Terms, will not affect any outstanding bets, provided that such outstanding bets are
valid and You are not in breach of the Terms of Use in any way. For the avoidance of doubt, we will not credit any bonuses
into Your Account, nor will You be entitled to any contingent winnings, at any time after the date on which it has been closed
(whether by us pursuant to the Terms of Use, or in response to Your request).
12.8 The following paragraphs shall survive any termination of the Terms of Use: 19, 20, 21, 22, 23, 25, 26, 28,
29, 30, 31, 32 and 34 and any other paragraphs which are required for the purposes of interpretation; together with any relevant
sections of the Betting Rules, relevant Game Rules, the Privacy Policy and the Additional Terms.
SUSPENSION BY US
12.9 We shall be entitled to suspend Your Account in
the circumstances expressly set out in the Terms of Use. Upon the suspension of Your Account: (a) no activity shall be permitted
(including deposits, withdrawals, betting or gaming) until the date upon which it is re-activated by us; (b) no bonuses or
contingent winnings will be credited to the Account; and (c) we shall address the issue that has given rise to the Account
suspension with a view to resolving it as soon as reasonably practicable so that the Account can, as appropriate, either be
re-activated or closed.
13. ACCESS TO, AND USE OF, THE SERVICES
13.1 You are solely responsible for the supply and maintenance of all of Your Access Devices and related equipment
and telecommunications networks and internet access services that You need to use in order to access the Services. We will
not be liable in any way whatsoever for any losses caused to You (whether resulting from loss of service, poor internet connectivity,
insufficient bandwidth or otherwise) by the internet or any telecommunications service provider that You have engaged in order
to access the Services. For the avoidance of doubt, the Operator does not make any representation or give any warranty as
to the compatibility of the Services with any particular third party software or hardware, including (for the avoidance of
doubt) third party analysis or 'Bot' programmes which promise certain results from any of the Services.
13.2 Under no circumstances should You use the Services for any purpose which is
or is likely to be considered to be defamatory, abusive, obscene, unlawful, of a racist, sexist or other discriminatory nature,
or which could cause offence. You must not use any abusive or aggressive language or images, swear, threaten, harass or abuse
any other person, including other users, via the Website, or attempt to pass Yourself off as being any other person, or behave
in such a manner towards any Operator staff used to provide the Services, Customer Services, or any helpdesk or support function
which we make available to You.
13.3 You shall use
the Website for personal entertainment only and shall not be allowed to provide access or reproduce the Website or any part
of it in any form whatsoever without our express consent, including creating links to it.
13.4 You shall be solely liable in respect of any content uploaded by You onto the
Website ("Uploaded Content") and, in uploading any
such content, You represent and warrant that:
13.4.1
You have obtained all necessary approvals, consents, licences and permissions required in respect of the Uploaded Content
and that the reproduction of the Uploaded Content on the Website will not infringe the copyright, trade mark, confidential
information or any other intellectual property rights whatsoever of any third party;
13.4.2 the Uploaded Content will not contain any material in breach of paragraph
13.2 or any code in breach of paragraph 13.3;
13.4.3
the Uploaded Content will comply with all laws and regulations (including, in particular, those relating to data protection
and privacy); and
13.4.4 the Operator
is entitled to use and sub-licence the use of the Uploaded Content at its sole discretion.
13.5 Any material (other than Software under paragraph 16) downloaded by You from
the Website shall be downloaded entirely at Your own risk and the Operator shall not be liable in respect of any loss of data
or other damage caused by any such download.
13.6
Where we have reason to believe that Your use of the Services is in breach of any of paragraphs 13.2, 13.3, 13.4 or 13.5 we
shall, without prejudice to any of our other rights, be entitled forthwith to remove from the Website any offending content.
14.
BETTING AND GAMING TERMS
14.1 Expressions used
in the betting and gaming industry are numerous. Where appropriate, a glossary explaining the meaning of commonly used betting
and gaming expressions is available in the Help section of the Website. Should You be in any doubt as to the meaning of any
expression, You should:
14.1.1 look up its
meaning in the Help section relating to the event or game You are betting or gaming on;
14.1.2 if You are still in any doubt, contact Customer Services for clarification;
and
14.1.3 not place any bet or game on any event until its
meaning is understood to Your satisfaction,
because
we cannot accept any responsibility if You place a bet or game via the products offered via the Services in circumstances
where You do not understand any of the terms involved in or relating to the bet or game.
15. ALTERATION OF THE WEBSITE
We may, in our absolute discretion, alter or amend any
product or service (including any prices offered) available through the Website at any time for the purpose of ensuring the
ongoing provision of the Website, but without prejudice to any games and/or bets already in progress at the time of such amendment.
From time to time, we may restrict You from accessing some parts of the Website for the purpose of maintenance of the Website
and/or alteration or amendment of any of the games and/or products available through the Website.
16. THIRD PARTY SOFTWARE
16.1 In order to use the products offered through the
Services, You may be required to download and install software supplied by third parties on to Your Access Device ("Software").
Software may include, but is not limited to: Access Device applications, our download Casino and Poker products and any promotional,
marketing and/or facility applications, products and software.
16.2 In such circumstances, You may be required to enter into a separate agreement with the owner or licensor of
such Software in respect of Your use of the same (a " Third
Party Software Agreement"). In case of any inconsistency between the Terms of Use and any Third Party Software
Agreement, the Terms of Use will prevail in so far as the inconsistency relates to the relationship between You and the Operator.
16.3 It is Your responsibility to ensure that any Software
is downloaded onto Your Access Device in a manner compatible with Your own Access Device's specific set-up. For the avoidance
of doubt, we shall not be liable to the extent that the incorrect downloading of any Software has an adverse effect on the
operation of Your Access Device.
16.4 Notwithstanding
that the Services provided via any Access Device application shall be subject to the Terms of Use, the terms under which any
application ("App") is downloaded or installed onto
Your Access Device shall be governed by the agreement entered into between You and the supplier of the relevant App but, in
case of any inconsistency between the Terms of Use and any such agreement, the Terms of Use will prevail in so far as the
inconsistency relates to the relationship between You and the Operator.
17. IT FAILURE
17.1 Where problems occur in the software or hardware used by us to provide the Services
we will take all reasonable steps to remedy the problem as soon as reasonably practicable. Where such problems cause a game
to be interrupted in circumstances where it cannot be restarted from exactly the same position without any detriment to You
or other players, we will take all reasonable steps to treat You in a fair manner (which may include reinstating the balance
on Your Account to the position existing following completion of the last bet or game logged on the Operator's server
immediately prior to the occurrence of the problem).
17.2 We will not be liable for technical, hardware or software failures of any kind or lost or unavailable
network conditions which may limit or prohibit Your ability to enter or participate in any Promotion. We shall not be liable
for damage, or loss or injury resulting from entry to any Promotion, including failure to win, acceptance or use of any prize,
but nothing in these Terms and Conditions shall operate to exclude liability for any fraud on the part of us or death or personal
injury resulting from our own negligence.
18. ERRORS OR OMISSIONS
18.1 A number of circumstances may arise where a bet or wager is accepted, or a payment
is made, by us in error. A non-exhaustive list of such circumstances is as follows:
18.1.1 where we mis-state any odds or terms of a bet or gaming wager to You as a
result of obvious error or omission in inputting the information or setting up a market, or as a result of a computer malfunction;
18.1.2 where we have made a 'palpable error'.
A palpable error occurs where:
18.1.2.1 in relation
to bets placed prior to an event taking place, the prices/terms offered are materially different from those available in the
general market; or
18.1.2.2 in relation
to any event, the price/terms offered at the time the bet is placed are clearly incorrect given the probability of the event
occurring;
18.1.3 where we have continued to accept bets on a market
which should have been suspended, including where the relevant event is in progress (except where 'in-running' bets
are accepted) or had already finished (sometimes referred to as 'late bets');
18.1.4 where an error has been made as a result of a Prohibited Practice under paragraph
11.1;
18.1.5 where we should not have accepted, or have the
right to cancel or re-settle, a bet pursuant to the Betting Rules (for example due to 'Related Contingencies');
18.1.6 where an error is made by us as to the amount
of winnings/returns that are paid to You, including as a result of a manual or computer input error; or
18.1.7 where an error has been made by us as to the amount of free bets and/or bonuses
that are credited to Your Account,
such circumstances
being referred to as an "Error"
18.2 We reserve the right to:
18.2.1 correct any
Error made on a bet placed and re-settle the same at the correct price or terms which were available or should have been available
through the Operator (absent the publishing error) at the time that the bet was placed and the bet will be deemed to have
taken place on the terms which were usual for that bet; or
18.2.2 where it is not reasonably practicable to correct and re-settle under 18.2.1 above, to declare the bet void
and return Your stake into Your Account; or
18.2.3
in circumstances where the Error has resulted from a Prohibited Practice, to take the steps set out in paragraph 11.4.
18.3 Any monies which are credited to Your Account, or
paid to You as a result of an Error shall be deemed, pending resolution under paragraph 18.2, to be held by You on trust for
us and shall be immediately repaid to us when a demand for payment is made by us to You. Where such circumstances exist, if
You have monies in Your Account we may reclaim these monies from Your Account pursuant to paragraph 7.4. We agree that we
shall use all reasonable endeavours to detect any Errors and inform You of them as soon as reasonably practicable.
18.4 Neither we (including our employees or agents) nor our partners or suppliers
shall be liable for any loss, including loss of winnings, that results from any Error by us or an error by You.
18.5 You shall inform us as soon as reasonably practicable should You become aware
of any Error.
18.6 Where You have used monies which have been credited
to Your Account or awarded to You as a result of an Error to place subsequent bets or play games, we may cancel such bets
and/or withhold any winnings which You may have won with such monies, and if we have paid out on any such bets or gaming activities,
such amounts shall be deemed to be held by You on trust for us and You shall immediately repay to us any such amounts when
a demand for repayment is made by us to You.
19. EXCLUSION OF OUR LIABILITY
19.1 Your access to and use of the Services is at Your sole option, discretion and
risk. We shall not be liable for any attempts by You to use the Services by methods, means or ways not intended by us.
19.2 We will provide the Services with reasonable skill
and care and substantially as described in the Terms of Use. We do not make any other promises or warranties regarding the
Services, or any products or services forming a part of the Services, and hereby exclude (to the extent permitted by law)
all implied warranties in respect of the same (including implied warranties as to satisfactory quality and/or fitness for
Your purpose). In particular, we do not warrant that the Website will have uninterrupted availability or that it will be free
of bugs, viruses or other errors.
19.3 SAVE AS PROVIDED
IN OUR BETTING RULES AND SUBJECT TO PARAGRAPH 19.5, OUR MAXIMUM LIABILITY (INCLUDING THAT OF OUR GROUP COMPANIES, AFFILIATES,
OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES) ARISING OUT OF YOUR USE OF THE SERVICES (OR ANY PART OF THE SERVICES AND WHETHER
UTILISING THE WEBSITE OR TELEBETTING), WHETHER SUCH LIABILITY ARISES UNDER BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE),
OR OTHERWISE, WILL BE LIMITED TO:
19.3.1 WHERE OUR LIABILITY
RELATES TO A BET OR STAKE, THE AMOUNT OF THE BET OR STAKE PLACED BY YOU IN RESPECT OF WHICH OUR LIABILITY HAS ARISEN;
19.3.2 WHERE OUR LIABILITY RELATES TO THE MISAPPLICATION
OF FUNDS, THE AMOUNT OF MONEY IN YOUR ACCOUNT THAT HAS BEEN MISPLACED BY US; AND
19.3.3 IN RESPECT OF ANY OTHER LIABILITY OF THE OPERATOR, TEN THOUSAND POUNDS STERLING
(£10,000).
19.4 WE (INCLUDING
OUR GROUP COMPANIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES) SHALL NOT BE LIABLE TO YOU, WHETHER SUCH LIABILITY
ARISES IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, IN RESPECT OF ANY:
19.4.1 LOSS OF DATA;
19.4.2 LOSS OF PROFITS;
19.4.3 LOSS OF REVENUE;
19.4.4 LOSS OF BUSINESS OPPORTUNITY;
19.4.5 LOSS OF OR DAMAGE TO GOODWILL OR REPUTATION;
19.4.6 BUSINESS INTERRUPTION; OR
19.4.7 ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGE, EVEN WHERE SUCH LOSS OR DAMAGE HAS BEEN NOTIFIED TO
US AS BEING POSSIBLE, ARISING OUT OF THE TERMS OF USE OR ANY USE WHATSOEVER BY YOU OF THE SERVICES.
19.5 Nothing in the Terms of Use will operate so as to exclude any liability which
we may have in respect of:
19.5.1 fraud (including
fraudulent misrepresentation); or
19.5.2 death or personal
injury caused by our negligence.
20. BREACH OF THE TERMS OF USE
20.1 You will fully indemnify, defend and hold us and our officers, directors, employees, agents, contractors and
suppliers harmless from and against any and all losses, costs, expenses, claims, demands, liabilities and damages (including
legal fees), however caused, that may arise, whether or not reasonably foreseeable, as a result of or in connection with:
20.1.1 the access to and use of the Services by You or
by anyone else using Your username and password; and/or
20.1.2 any breach by You of any of the terms and provisions of the Terms of Use.
20.2 Where You are in breach of the Terms of Use, we may at our sole discretion,
prior to any suspension or termination of Your Account, notify You (using Your Contact Details) that You are in breach, requiring
You to stop the relevant act or failure to act, and/or requiring You to put right an act or fault on Your part and warning
You of our intended action if You do not do so, provided always that such notification shall not be a pre-condition to any
suspension or termination of Your Account.
20.3
We have the right to disable any user identification code or password, whether chosen by You or allocated by us, at any time,
if in our reasonable opinion You have failed to comply with any of the provisions of the Terms of Use.
20.4 In addition to any other remedy available, if You breach any of the Terms of
Use we shall be entitled to recover from Your Account any positive balance to the extent of any amount reasonably claimed
against You pursuant to paragraph 20.1.
21. INTELLECTUAL PROPERTY RIGHTS
21.1 All website design, text, graphics, music, sound, photographs, video, the selection
and arrangement thereof, software compilations, underlying source code, software and all other material forming part of the
Services are subject to copyright and other proprietary rights which are either owned by us or used under licence from third
party rights owners. To the extent that any material comprised within the Services may be downloaded or printed then such
material may be downloaded to a single device only (and hard copies may be printed) solely for Your own personal, non-commercial
use.
21.2 Under no circumstances shall the use of the Services
grant to You any interest in any intellectual property rights (for example copyright, know-how or trade marks) owned by us
or by any third party whatsoever, other than a personal, non-exclusive, non-sub-licensable licence to use such intellectual
property rights in connection with Your personal, non-commercial use of the Services pursuant to the Terms of Use.
21.3 No rights whatsoever are granted to use or reproduce any trade marks or logos
which appear on the Website except as specifically permitted in accordance with the Terms of Use.
21.4 You must not, nor must You allow any other person to copy, store, publish, rent,
licence, sell, distribute, alter, add to, delete, remove or tamper with the Website or any part of it in any way or directly
or indirectly disrupt or interfere (or attempt to disrupt or interfere) with or alter the Website, other than in the course
of viewing or using the Website in accordance with the Terms of Use.
21.5 All intellectual property rights in the name "William Hill" and "Will Hill", the logos,
designs, trade marks and other distinctive brand features of the Operator and any content provided by the Operator or any
third party for inclusion on the Website vest in the Operator or the applicable third party. You agree not to display or use
such logos, designs, trade marks and other distinctive brand features in any manner without our prior written consent.
22.
VIRUSES, HACKING AND OTHER OFFENCES
22.1
You shall not:
22.1.1 corrupt the
Website;
22.1.2 attempt to gain unauthorised access to the Website,
the servers on which the Website is stored or any server, computer or database connected to the Website;
22.1.3 flood the Website with information, multiple submissions or "spam";
22.1.4 knowingly or negligently use any features which
may affect the function of the Website in any way for example (but not limited to) releasing or propagating viruses, worms,
trojans, logic bombs or similar material that is malicious or harmful;
22.1.5 interfere or tamper with, remove or otherwise alter in any way, any information in any form which is included
on the Website;
22.1.6 attack the
Website via a denial-of-service attack or a distributed denial-of-service attack. We will report any suspected breach of the
Computer Misuse Act 1990 to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing
Your identity to them. In the event of such a breach, Your right to use the Website will cease immediately.
22.2 We will not be liable for any loss or damage caused by a distributed denial-of-service
attack, viruses or other technologically harmful material that may infect Your Access Device and related equipment, computer
programs, data or other proprietary material due to Your use of the Website or to Your downloading of any material posted
on such Website, or on any website linked to the Website.
23. YOUR PERSONAL INFORMATION
23.1 All information on Your Account held by us is securely data warehoused and remains
confidential except where otherwise stated in the Terms of Use (including, for the avoidance of doubt, the Privacy Policy).
23.2 We are required by law (in particular the Data Protection
Act 2004 in Gibraltar) to comply with data protection requirements in the way in which we use any personal information collected
from You in Your use of the Services. We therefore take very seriously our obligations in relation to the way in which we
use Your personal information.
23.3 Prior to Your
use of and when You use the Services it will be necessary for us to collect certain information about You, including Your
name and date of birth, Your Contact Details, and may also include information about Your marketing preferences (all of which
shall be known as "Your Personal Information").
23.4 By providing us with Your Personal Information,
You consent to our processing Your Personal Information, including any of the same which is particularly sensitive:
23.4.1 for the purposes set out in the Terms of Use (including
the Privacy Policy); and
23.4.2 for other purposes
where we need to process Your Personal Information for the purposes of operating the Services,
including by sharing it with our service providers and agents for these purposes,
for example to our providers of postal services, marketing services and Customer Services agents. We may also disclose Your
Personal Information in order to comply with a legal or regulatory obligation.
23.5 We may retain copies of any communications that You send to us (including copies of any emails) in order to
maintain accurate records of the information that we have received from You.
24. USE OF 'COOKIES' ON THE WEBSITE
24.1 The Website uses 'cookies' to track Your
use of the internet, to collect certain information about Your Access Device (such as IP address, device type, geo-location
data, browser information) and to assist the functionality of the Website . A cookie is a small file of text which
is downloaded onto Your Access Device when You access the Website and it allows us to recognise when You come back to the
Website. Cookies help with the operation of the Website, including (for example) to allow You to remain logged in as You browse
between, and use Your Account to bet on or play games on, different parts of the Website. We also use cookies for our own
analytical purposes so that we can identify where customers have encountered technical problems on the Website, and therefore
help us improve our customers' experience and also for fraud prevention purposes such as detecting Duplicate Accounts,
instances of bonus abuse or linked accounts as set out in the Terms of Use. Information obtained from cookies enables us to
comply with certain legal and regulatory obligations such as our anti-money laundering requirements, social responsibility
to counter the use of our Services for the purposes of terrorist financing and to prevent access to our Website from restricted
jurisdictions. Data collected from our use of cookies may be shared with law enforcement agencies and other regulatory organisations
where there is a legal obligation to do so.
24.2 If You object to cookies or want to delete any cookies that are already stored on Your Access Device, we recommend
that You follow the instructions for deleting existing cookies and disabling future cookies on Your file management and internet
browsing software. Further information on deleting or controlling cookies is available within our Privacy Policy our FAQ and at http://www.aboutcookies.org/. Please note that by deleting our cookies or disabling future cookies You may not be able to access certain areas or features
of the Website.
25. COMPLAINTS AND NOTICES
25.1 No claim or dispute with regard to:
25.1.1 the acceptance or settlement of a bet which You have made using the Services will be considered more than
thirty days after the date of the original transaction; and
25.1.2 a game which You have played using the Services will be considered more than twelve weeks after the date on
which the relevant transaction or game play took place.
25.2 Should You wish to make a complaint regarding the Services, as a first step You should, as soon as reasonably
practicable, contact Customer Services about Your complaint, which will be escalated as necessary within our Customer Services
team until resolution.
25.3 If there is a
dispute arising from the Terms of Use which cannot be resolved by Customer Services having been escalated in accordance with
paragraph 25.2, You can request that the matter be addressed by a manager or supervisor. We will endeavour to resolve the
matter to Your satisfaction either immediately or by contacting You subsequently.
25.4 If You remain unhappy with any solution offered by us then You agree that the
matter may be referred for adjudication by the Independent Betting Adjudication Service (IBAS), telephone number +44 207 347
5883. Further details about IBAS can be found on http://www.ibas-uk.com/. IBAS' decision will be final so long as the full facts are presented by all parties concerned. We are able to provide
You with IBAS' postal address on request. Alternatively, you can raise your complaint using the Online Dispute Resolution
(ODR) platform at http://ec.europa.eu/consumers/odr/. The ODR platform will aid in the resolution of your complaint by facilitating communications between parties
25.5 If You are not a customer registered in or transacting in Great Britain, to
the extent that You wish to challenge any process pursuant to this paragraph 25 You shall be entitled to raise the matter
with the Gibraltar Gambling Commissioner. Please refer to the Government of Gibraltar website for further information and
advice on how to do so: http://remotegambling/ and http://www.gibraltar.gov.gi/remotegambling/2126-the-gambling-commissioners-advice-to-complaintants.
25.6 You acknowledge that our random number generator
will determine the outcome of the games played through the Services and You accept the outcomes of all such games. You further
agree that in the unlikely event of a disagreement between the result that appears on Your screen and the game server used
by the Operator, the result that appears on the game server will prevail, and You acknowledge and agree that our records will
be the final authority in determining the terms and circumstances of Your participation in the relevant online gaming activity
and the results of this participation.
25.7
When we wish to contact You, we may do so using any of Your Contact Details. Notices will be deemed to have been properly
served and received by You immediately after an email is sent or after we have communicated with You directly by telephone
(including where we leave You a voicemail), or three days after the date of posting of any letter. In proving the service
of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and
placed in the post; in the case of an email, that such email was sent to the specified email address (if any) in Your Contact
Details at the time that any such email was sent.
26. TRANSFER OF RIGHTS AND OBLIGATIONS
26.1 We reserve the right to transfer, assign, sublicense or pledge the Terms of
Use (an "assignment"), in whole or in part, to any person without notice to You, provided that any such assignment
will be on the same terms or terms that are no less advantageous to You.
26.2 You may not assign, sublicense or otherwise transfer in any manner whatsoever any of Your rights or obligations
under the Terms of Use.
27. EVENTS OUTSIDE OUR CONTROL
27.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations
under the Terms of Use that is caused by events outside our reasonable control, including (without limitation) any telecommunications
network failures, power failures, failures in third party computer (or other) equipment, fire, lightning, explosion, flood,
severe weather, industrial disputes or lock-outs, terrorist activity and acts of government or other competent authorities
(a "Force Majeure Event").
27.2 Our performance is deemed to be suspended for the period that the Force Majeure
Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable
endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations may be performed despite
the Force Majeure Event.
28. WAIVER
28.1
If we fail to insist upon strict performance of any of Your obligations or if we fail to exercise any of the rights or remedies
to which we are entitled, this shall not constitute a waiver of such rights or remedies and shall not relieve You from compliance
with such obligations.
28.2 A waiver by us
of any default shall not constitute a waiver of any subsequent default.
28.3 No waiver by us of any of the provisions of the Terms of Use shall be effective unless it is expressly stated
to be a waiver and is communicated to You in writing in accordance with paragraph 25 (Complaints and Notices) above.
29.
SEVERABILITY
29.1 If any of the
Terms of Use are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term,
condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue
to be valid to the fullest extent permitted by law.
29.2 In such cases, the part deemed invalid or unenforceable shall be amended in a manner consistent with the applicable
law to reflect, as closely as possible, the Operator's original intent.
30. ENTIRE AGREEMENT
30.1 The Terms of Use and any document expressly referred to in them represent the
entire agreement between You and us and supersede any prior agreement, understanding or arrangement between You and us, whether
oral or in writing.
30.2 We each acknowledge
that neither of us has relied on any representation, undertaking or promise given by the other or implied from anything said
or written in negotiations between us except as expressly stated in the Terms of Use.
30.3 Neither party shall have any remedy in respect of any untrue statement made
by the other, whether orally or in writing, prior to the date of the contract (unless such untrue statement was made fraudulently)
and the other party's only remedy shall be for breach of contract as provided in the Terms of Use.
31. THIRD PARTY RIGHTS
31.1 With the exception of the Operator's Group companies,
unless these Terms of Use expressly state otherwise:
31.1.1 a person who is not a party to these Terms of Use has no right to enforce any of the terms under the Contracts
(Rights of Third Parties) Act 1999; and
31.1.2
if a person who is not a party to these Terms of Use is stated to have the right to enforce any of its terms under the Contracts
(Rights of Third Parties) Act 1999, we may rescind or vary these Terms of Use at our sole discretion (and any documents entered
into pursuant to or in connection with it) without Your consent or the consent of that person.
32. LAW AND JURISDICTION
32.1 These Terms of Use shall (subject to paragraph 23.2)
be governed by and interpreted in accordance with the laws of England and Wales.
32.2 The courts of England and Wales shall have non-exclusive jurisdiction over any
disputes arising out of the Terms of Use.
33. RESPONSIBLE GAMING/GAMBLING
33.1 For those customers who wish to restrict their gambling, we provide a voluntary
self-exclusion policy, which enables You to close Your Account or restrict Your ability to place bets or game on the Website
for a minimum period of six months. You can ask that the restriction lasts for a period of up to five years. Once Your Account
has been self-excluded You will be unable to reactivate the Account under any circumstances until the expiry of the period
chosen under this paragraph. At the expiry of the self-exclusion period You will be entitled to re-commence use of the Services
by contacting Customer Services.
33.2 If You require
any information relating to this facility please speak to Customer Services through the Help section or view our Responsible Gambling section.
33.3 We will use our
reasonable endeavours to ensure compliance with self-exclusion. However, self-exclusion requires the joint commitment of both
You and the Operator. During the self-exclusion period You must not attempt to try to open new accounts and You accept that
we have no responsibility or liability whatsoever if You continue gambling and/or seek to use the Website and we fail to recognise
or determine that You have requested self-exclusion in circumstances which are beyond our reasonable control including, but
not limited to, You opening a new account, gambling in a Licensed Betting Office or over the telephone rather than over the
internet or using a different name or address.
33.4
The National Association for Gambling Care Educational Resources and Training ("GAMCARE") provides information,
advice and counselling to individuals, their family and friends who have concerns about problem gambling. The Helpline number
for GAMCARE when calling from the UK is 0808 802 0133 (this number may not be available from outside the UK); online support
is available via netline at http://secure.gamcare.org.uk/netline/.
33.5 The Operator is committed to supporting Responsible Gambling initiatives.
34. LINKS
Where
we provide hyperlinks to other websites, we do so for information purposes only. You use any such links at your own risk and
we accept no responsibility for the content or use of such websites, or for the information contained on them. You may not
link to this site, nor frame it without our express written permission.
35. CONTACTING US
The Operator can be contacted at the addresses given in paragraph 2.1 above; by e-mail
and/or telephone at the address on the Contact Us section of the Website, or by telephone on 0800 085 62 96 (from within the UK) or 00 800 3551 3551 (from outside the UK). Please note that all calls to our
Customer Services & Telephone Betting teams are recorded for training and security purposes.
APPENDIX 1
TERMS AND CONDITIONS FOR ACCOUNTS LINKED TO A PLUS CARD
1. DEFINITIONS AND INTERPRETATION
1.1 Terms defined
in the General Terms shall have the same meaning when used in these Related Account Terms, unless defined below. In addition,
the definitions below apply to these Related Account Terms:
“Fair Deal Rules” means
the fair deal rules displayed in a LBO;
“FOBT”
means a fixed-odds betting terminal located in a LBO;
“LBO”
means a licensed betting office operated by William Hill Organization Limited;
“Plus Account” means Your plus account which is linked to Your Plus Card and which
can be accessed via the Plus Application, a FOBT or otherwise and which shows betting activity and betting history of bets
placed using Your Plus Card;
“Plus Application”
means the web application located at plus.williamhill.com and from which You may access Your Plus Account;
“Plus Card” means the card which has been issued to You by William
Hill Organization Limited in connection with Your Plus Account and from which You can deposit, transfer or withdraw monies
for use in a LBO or on the Website provided that You have opted to set up a Related Account and provided that You have opted-in
to the relevant functionality;
“Plus Card Terms and
Conditions” means the terms and conditions displayed at plus.williamhill.com;
“Related Account” shall have the meaning given to it in paragraph 3.1;
“SSBT” means a self-service betting terminal
located in a LBO;
“Related Account Terms”
means these terms and conditions;
“William Hill Organization
Limited” means William Hill Organization Limited, a company registered in England and Wales with registered company
number 00278208 and with registered office address at Greenside House, 50 Station Road, Wood Green, London N22 7TP.
2. GENERAL INFORMATION
2.1 These Related Account
Terms apply to Your use of Your Related Account and by using Your Related Account you agree to be bound by these Terms and
Conditions.
2.2 These Related Account Terms should be read in conjunction with the
General Terms, the Plus Card Terms and Conditions and the Fair Deal Rules.
3. LINKING YOUR ONLINE ACCOUNT WITH YOUR PLUS ACCOUNT AND YOUR PLUS CARD
3.1 We may offer You the opportunity to operate a multi-channel account which links Your
Plus Account and Your Plus Card to Your Account and which may offer You the following functionality:
3.1.1 the
ability to use monies from Your Account to place bets with William Hill Organization Limited in a LBO using a SSBT;
3.1.2 the ability to deposit monies into Your Account over-the-counter in a LBO;
3.1.3 the
ability to withdraw monies from Your Account over-the-counter in a LBO; and
3.1.4 the
ability to deposit monies from any winnings from bets placed in a LBO using a SSBT into Your Account
(“Related Account”).
4. USING
MONIES FROM YOUR ONLINE ACCOUNT TO PLACE BETS IN A LBO
4.1 Where you have opted
to set up a Related Account, We may offer You the functionality to use monies from Your Account to place bets with William
Hill Organization Limited in a LBO using a SSBT.
4.2 Use of monies from Your Account
to place bets in a LBO will be treated as a withdrawal from Your Account and will subject to any terms and conditions relating
to withdrawals in the General Terms and the Help section of the Website.
4.3 All bets
placed in a LBO using monies from Your Account will be subject to the Fair Deal Rules.
4.4 All
bets placed by You in a LBO using monies from Your Account shall be subject to any wagering limits that apply to Your Account.
4.5 The full balance in Your Account, excluding any bonuses and free bets will be available
for use to place a bet in a LBO , subject to any limits that may be placed on Your Account and/or Your Plus Account.
4.6 When using monies from Your Account to place a bet in a LBO, the full stake of the bet
must be taken from Your Account. You are not permitted to combine payment methods or part-pay for bets in a LBO using monies
from Your Account and other payment methods.
4.7 When using monies from Your Account
to place a bet in a LBO, you agree and acknowledge that it is Your responsibility to ensure that You have sufficient funds
in Your Account and that such funds have been deposited pursuant to the General Terms. If you do not have sufficient funds
in Your Account for the stake Your bet will not be accepted and you will not be entitled to any winnings from that bet. We
accept no liability for any claims, damages, or losses suffered by You arising out of or in connection with any failure by
You to have sufficient funds in Your Account or any failure by You to deposit funds in Your Account pursuant to the General
Terms.
4.8 All winnings from bets placed in a LBO using monies from Your Account will
be returned automatically to Your Account. You may be able to withdraw monies from Your Account over-the-counter in a LBO
as set out in paragraph 6 below.
4.9 All bets placed in a LBO using monies from Your
Account will be displayed in Your Transaction history which can be accessed by clicking My Account on the Website and can
be identified by the presence of a plus icon.
5. DEPOSITING MONIES INTO YOUR ACCOUNT OVER-THE-COUNTER IN A LBO
5.1 Where you have opted to set up a Related Account, We may offer You the functionality
to deposit monies into Your Account over-the-counter in an LBO. Your ability to deposit monies into Your Account over-the-counter
shall be subject to You passing any identification verification checks required under the Plus Card Terms and Conditions.
5.2 All deposits into Your Account in a LBO will be subject to Plus Card Terms and Conditions
and any terms and conditions relating to deposits which are contained in the General Terms and the Help section of the Website.
5.3 Deposits into Your Account over-the-counter in a LBO can only be made by cash transfer.
5.4 Any deposits into Your Account over-the-counter in a LBO shall be subject to any
deposit limits that apply to Your Account.
5.5 We reserve the right to impose limits
on the amounts that You can deposit into Your Account over-the-counter in a LBO at any time and without notice to You. We
reserve the right to refuse any deposits into Your Account over-the-counter in a LBO and/or restrict Your eligibility to deposit
monies into Your Account over-the-counter in a LBO at Our discretion and without notice or liability to You.
5.6 If
any amounts are incorrectly credited to Your Account or are inaccurate or invalid, You agree to promptly notify Us. We may
cancel any bets and/or withhold any winnings which You may have won with such amounts, and if we have paid out on any such
bets or gaming activities, such amounts shall be deemed to be held by You on trust for us and You shall immediately repay
to us any such amounts when a demand for repayment is made by Us to You.
5.7 All deposits
into Your Account over-the-counter in a LBO will be displayed in Your Transaction history which can be accessed by clicking
My Account on the Website and can be identified by the presence of a plus icon.
6. WITHDRAWING
MONIES FROM YOUR ACCOUNT OVER-THE-COUNTER IN A LBO
6.1 Where you have opted
to set up a Related Account, We may offer you the functionality to withdraw monies from Your Account over-the-counter in a
LBO.
6.2 Any withdrawal from Your Account over-the-counter in a LBO will be subject
to any terms relating to withdrawals in the General Terms and the Withdrawal Terms.
6.3 Any
withdrawals from Your Account over-the-counter in a LBO shall be subject to any withdrawal limits that apply to Your Account.
6.4 Withdrawals from Your Account over-the-counter in a LBO will be subject to You completing
to our satisfaction all identification verification checks required under the Plus Card Terms and Conditions and all checks
referred to in paragraph 5 of the General Terms (Verification of Your Identity; Money Laundering Requirements) to our satisfaction.
6.5 In order to withdraw monies from Your Account over-the-counter in a LBO, You must
have sufficient funds in Your Account.
6.6 Due to Our legal and regulatory obligations
under applicable anti-money laundering legislation, where You have deposited monies into Your Account over-the-counter in
a LBO and You wish to withdraw such monies over-the-counter in a LBO on the same day or otherwise, You agree and acknowledge
that We may refuse any such withdrawal at Our discretion until You have staked at least seventy percent (70%) of the amounts
originally deposited over-the-counter in a LBO. This restriction will only apply when withdrawing monies from Your Account
over-the-counter in a LBO, You will be able to withdraw these monies from Your Account using alternative online withdrawal
methods, subject to any terms relating to withdrawals in the General Terms and Withdrawal Terms.
6.7 All
withdrawals from Your Account over-the-counter in a LBO will be displayed in Your Transaction history which can be accessed
by clicking My Account on the Website and can be identified by the presence of a plus icon.
6.8 We
reserve the right to refuse any withdrawals or unilaterally impose individual withdrawal limits on withdrawals from Your Account
over-the-counter in a LBO at Our discretion and without notice to You.
6.9 If any
withdrawals from Your Account over-the-counter are incorrect for any reason whatsoever, You agree to promptly notify Us. We
reserve the right to void any such incorrect withdrawals and any amounts withdrawn by you in error shall be deemed to be held
by You on trust for us and You shall immediately repay to us any such amounts when a demand for repayment is made by Us to
You.
7. DEPOSITING MONIES FROM WINNING BETS PLACED IN A LBO USING A SSBT INTO YOUR ACCOUNT
7.1 Where you have opted
to set up a Related Account and You have placed a bet in a LBO using a SSBT which has not used funds from Your Account but
which You have tracked using Your Plus Account, We may permit You to transfer winnings from such bets directly to Your Account.
7.2 All deposits of monies from winning bets placed in a LBO into Your Account will be
subject to Plus Card Terms and Conditions and any terms and conditions relating to deposits which are contained in the General
Terms and the Help section of the Website.
7.3 Any deposits of monies from winning
bets placed in a LBO into Your Account will be subject to any deposit limits that apply to Your Account.
7.4 We
reserve the right to impose limits on the amounts that You can deposit into Your Account from winning bets placed in a LBO
using a SSBT at any time and without notice or liability to You.
7.5 If any amounts
are incorrectly credited to Your Account, You agree to promptly notify Us. We may cancel any bets and/or withhold any winnings
which You may have won with such monies, and if we have paid out on any such bets or gaming activities, such amounts shall
be deemed to be held by You on trust for us and You shall immediately repay to us any such amounts when a demand for repayment
is made by Us to You.
7.6 All deposits into Your Account from an LBO using a SSBT
will be displayed in Your Transaction history which can be accessed by clicking My Account on the Website and can be identified
by the presence of a plus icon.
APPENDIX 2
PLAYTECH END-USER LICENSE AGREEMENT
IMPORTANT
THIS WEBSITE IS OPERATING THE SOFTWARE OF THE SOFTWARE PROVIDER UNDER A LICENSE FROM
THE SOFTWARE PROVIDER. A CONDITION TO YOUR DOWNLOADING OR OTHERWISE USING THE 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.
BY CLICKING THE "I AGREE" BUTTON BELOW, YOU AGREE TO THE USE OF ELECTRONIC COMMUNICATIONS IN ORDER TO ENTER INTO
CONTRACTS, AND YOU WAIVE ANY RIGHTS OR REQUIREMENTS UNDER APPLICABLE LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE
AN ORIGINAL (NON-ELECTRONIC) SIGNATURE, TO THE EXTENT PERMITTED UNDER APPLICABLE MANDATORY LAW; YOU ALSO CONFIRM THAT YOU
HAVE READ THIS SUB-LICENSE AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF THIS AGREEMENT, DO NOT CLICK THE "I
AGREE" BUTTON AND DO NOT CONTINUE TO DOWNLOAD, INSTALL OR OTHERWISE USE THE SOFTWARE.
DEFINITIONS
The following words and terms, when used with this End
User Licence Agreement ("EULA"), shall have the following
meanings, unless the context clearly indicates otherwise:
"Bingo Hall" the part of the Website operated
by Us which acts as a gateway through which You can participate in the Bingo Network;
"Bingo Network"
the centralised and shared bingo card rooms facility managed by or on behalf of the Software Provider upon which online bingo
games are deployed and configured by the Software Provider;
"iPoker Network" the centralised and shared
poker card rooms facility managed by or on behalf of the Software Provider upon which online poker games are deployed and
configured by the Software Provider;
"IP Rights" all patents, rights to inventions, copyright and
related rights, moral rights, database rights, semi-conductor topography rights, supplementary protection certificates, petty
patents, utility models, trade marks, service marks, trade names, rights to goodwill and/or to sue for passing-off, rights
in designs, personality rights, rights in undisclosed or confidential information (including without limitation know how,
trade secrets and inventions (whether patentable or not)) and other similar or equivalent rights or forms of protection (in
each case whether registered or unregistered) and all applications (or rights to apply) for, and for renewals or extensions
of, any such rights, in each case as may now or in the future exist anywhere in the world;
"Online Gaming System"
Our internet gaming systems, gaming activities and related services operated on the Website, including, but not limited to,
online casino, online bingo, online poker and any other games;
"Poker Room" the part of the Website operated
by Us which acts as a gateway through which You can participate in the iPoker Network;
"Player Account"
a personal account opened by an individual and maintained with Us to enable that person to play games in the Online Gaming
System;
"Related
Party" in relation to a relevant party, a parent undertaking or a subsidiary undertaking, or a subsidiary undertaking
of its parent undertaking, in each case from time to time; "undertaking", "parent undertaking" and "subsidiary
undertaking" shall have the meanings attributed to them in sections 1161 and 1162 of and schedule 7 to the Companies
Act 2006 except that the figure of "50%" shall be substituted for each reference to "a majority" in such
sections; and "Related Parties" shall be construed accordingly;
"Software" the software to be Used by You
for the purpose of playing casino, poker and/or bingo games in the Online Gaming System, including the related documentation
and including any enhancements, modifications, additions, translations or updates to such software;
"Software Provider"
Playtech Software Limited, (registered number 1030187) whose registered office is at Trident Chambers, Road Town, Tortola,
British Virgin Islands, with its head office at 2nd Floor, St George's Court, Upper Church Street, Douglas, Isle of Man
IM1 1EE;
"You"/"Your"/"Yourself"
the user of the Software downloaded from the Website;
"Us"/"We"/"Ourselves"
means the Operator as described in paragraph 2 in the General Terms;
"Use" (a) in relation to any software, load,
install, execute, run, store, transmit, display and copy (for the purposes of loading, installation, execution, running, storage,
transmission and display); and (b) in relation to any documentation, utilise and copy the documentation (in so far as is reasonably
necessary for the purpose of using the Software under the terms of this EULA); and "Using" shall be construed accordingly;
and
"Website"
means the Website as defined in the Terms of Use of which this EULA forms part, and any related sites accessible via links
or any other access way.
1. LICENCE TO USE SOFTWARE
1.1 Subject to clause 3 below, We hereby grant to You a limited, personal, non-exclusive, non-transferable right
to Use the Software on Your computer, for the sole purpose of participating in the Online Gaming System including playing
poker games in the Poker Room and bingo games in the Bingo Hall, in accordance with the provisions of this EULA.
1.2 The licence in clause 1.1 above applies only to the object code of the Software
(i.e. the compiled, assembled, or machine executable version of the Software, or any part of the Software) and does not grant
You any rights whatsoever with respect to the source code of the Software (i.e. the human readable form of the Software).
1.3 In addition, the licence in clause 1.1 above does
not apply to certain excluded territories, identified by Us from time to time; currently, this licence does not apply to Use
of the Software in Israel, Estonia, Cyprus, Bulgaria, Hong Kong, the United States of America (and its territories) and, solely
in respect of any live casino games whilst being provided in the Philippines, the Philippines. IT IS YOUR DUTY TO CONSULT
AND CHECK REGULARLY OUR WEBSITE REGARDING THE LIST OF THE EXCLUDED TERRITORIES.
1.4 We reserve any and all rights to Ourselves which are not expressly granted to
You in clauses 1.1 and 1.2 above. In addition, except as specifically stated in clauses 1.1 and 1.2 above, You are not permitted
to, and You agree not to permit or assist others to:
1.4.1 install or load the Software onto a server or other networked device or take other steps to make the Software
available via any form of "bulletin board", online service or remote dial-in, or network to any other person;
1.4.2 sub-license, assign, rent, lease, loan, transfer
or copy (except as expressly provided elsewhere in this EULA), Your licence to use the Software or make or distribute copies
of the Software;
1.4.3 remove any copyright,
proprietary or similar notices from the Software (or any copies of it);
1.4.4 operate the Software or any part of it for the benefit of or on behalf of any third party, including by way
of application service provider services, internet service provider services, timesharing arrangements, outsourcing services
or bureau services;
1.4.5 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;
1.4.6 (except to the
extent permitted by law) decode, reverse engineer, decompile, disassemble or otherwise translate or convert the Software or
any part of the Software; or
1.4.7 enter, access
or attempt to enter or access or otherwise bypass Our security systems or interfere in any way (including but not limited
to, robots and similar devices) with the Poker Room, the Bingo Hall or all or any part of the Website or attempt to make any
changes to the Software and/or any features or components of the Software.
1.5 You acknowledge and agree that all IP Rights, title and interest in and to the Software, including in and to
any modification, enhancement, adaptation, translation or other change of or addition to the Software, belong exclusively
to the Software Provider (or its licensors), even if developed based on ideas, suggestions or proposals by You or any other
third party. You irrevocably assign to the Software Provider all right, title, and interest You may have or may acquire in
and to all such rights, including, without limitation, patent, copyright, trade mark, trade secret or know how, and You agree
to sign and deliver to the Software Provider such documents as the Software Provider considers are required to evidence or
effect the assignment of all of the aforesaid rights to the Software Provider.
1.6 THE SOFTWARE IS MADE AVAILABLE TO YOU UNDER THIS EULA ON AN "AS IS" BASIS, WITHOUT ANY UNDERTAKINGS,
WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE (TO THE EXTENT SUCH EXCLUSIONS ARE PERMISSIBLE BY
LAW).
1.7 WE AND THE SOFTWARE PROVIDER, AND ALL OF OUR AND/OR
THE SOFTWARE PROVIDER'S RELATED PARTIES, HEREBY EXCLUDE AND DISCLAIM (TO THE EXTENT SUCH EXCLUSION IS PERMISSIBLE BY LAW)
ANY AND ALL IMPLIED TERMS, CONDITIONS AND WARRANTIES (INCLUDING ANY WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY AND
FITNESS FOR ANY PARTICULAR PURPOSE), AND, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER WE NOR THE SOFTWARE PROVIDER
(OR OUR RESPECTIVE RELATED PARTIES) WARRANT, WITHOUT LIMITATION, THAT (A) THE SOFTWARE WILL NOT INFRINGE ANY THIRD PARTY'S
IP RIGHTS, 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 (D) THAT USE BY YOU OF THE SOFTWARE WITH ANY HARDWARE OR OTHER SOFTWARE (OTHER THAN HARDWARE AND/OR
OTHER SOFTWARE NOTIFIED AS BEING COMPATIBLE WITH THE SOFTWARE, SUCH INFORMATION BEING AVAILABLE WITH THE SOFTWARE DOWNLOAD
AND/OR ON THE WEBSITE AND/OR ON THE SOFTWARE PROVIDER'S WEBSITE) WILL NOT CAUSE ANY DISTURBANCE TO THE SOFTWARE, TO SUCH
HARDWARE OR TO SUCH OTHER SOFTWARE.
1.8
IN THE EVENT OF COMMUNICATIONS OR SYSTEM ERRORS OCCURRING IN CONNECTION WITH THE SOFTWARE, NEITHER WE NOR THE SOFTWARE PROVIDER
NOR OUR AND/OR THE SOFTWARE PROVIDER'S 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.
1.9 NEITHER WE NOR OUR 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 SOFTWARE PROVIDER OR ANY
THIRD PARTY FOR THE RETURN OF SUCH PAYMENTS OR OTHERWISE IN CONNECTION WITH SUCH PAYMENTS.
1.10 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, indirect,
consequential, incidental or special damage or loss of any kind (except in respect of personal injury or death resulting from
Our negligence).
2. CONFIDENTIALITY
The Software includes non-public and confidential information, which is secret and valuable to Us or the Software
Provider. 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 (c) not to use such confidential information
for any purpose other than participating in the Online Gaming System. You further agree to take all reasonable steps at all
times to protect and keep confidential such confidential information.
3. YOUR DUTY TO EXAMINE LEGALITY OF USE
3.1 It is a condition of the grant of the licence to Use the Software in this EULA
that You are of sufficient age to legally Use the Software and participate in gambling activities in the country where You
will be Using the Software. 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, and will keep Yourself appropriately up to date
in relation to all relevant, legal issues relating to Your Use of the Software, and that You understand that We and the Software
Provider 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.
3.2 Given the changes in the legal requirements in various jurisdictions, You undertake to examine the legality of
Your participation in the Online Gaming System 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, and You accept sole responsibility
for determining whether Your Use of the Software is legal in the jurisdiction relevant to You and/or Your Use of the Software.
4.
NO CLAIMS AND LIMITATION OF LIABILITY
4.1
You understand and agree that (a) Your commitments under the Software related parts of this EULA are also for the benefit
of the Software Provider and its Related Parties (and can therefore be enforced by them too), and (b) the Software Provider
and its Related Parties are not parties to this EULA 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.
4.2 You are free to choose whether to download and Use
the Software. If You do so, You acknowledge that You do so with the full understanding, and acceptance, of the terms of this
EULA, including the provisions of this clause 4, and at Your own risk. IN NO EVENT SHALL WE, THE SOFTWARE PROVIDER, OR ANY
OF OUR AND/OR ITS RELATED PARTIES, IN AGGREGATE:
4.2.1 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
4.2.2 BE LIABLE TO
YOU WITH RESPECT TO ANY AND ALL CLAIMS AT ANY AND ALL TIMES ARISING FROM OR RELATING TO THIS EULA, HOWSOEVER ARISING UNDER
CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, FOR DAMAGES EXCEEDING EURO 1,000 (ONE THOUSAND EUROS),
PROVIDED
ALWAYS that nothing in this clause 4.2 shall exclude any liability to You which may arise from negligence
causing death or personal injury; or from fraud or fraudulent misrepresentation.
5. SHARED POKER ROOM NETWORK
5.1 We currently participate in a shared poker room network
which enables You to play poker together with other players from other poker room websites all joining the same game or the
table or the tournament through a shared poker room platform managed by a third party provider of poker network services.
5.2 You therefore agree that once You join a shared poker
room You will accept and comply with the rules and the terms and conditions that apply on the shared poker room including
any of its games, tables and tournaments.
5.3
You acknowledge and agree that We and/or the operator of the shared poker network, at the sole discretion of either or both
of us, reserve the right to terminate Your game or block Your Player Account as well as prevent You from accessing the shared
poker network, either from the Website or from any other websites thereafter, in the event that You violate any of the game
rules or any of the terms and conditions set out in this EULA.
5.4 You further acknowledge and accept that We and/or the operator of the shared poker network, reserve the right,
at the sole discretion of either or both of us, to collect, process and record in our respective databases any information
in connection with Your game patterns, personal data, depositing of funds and any other related information and inquiries
that may help prevent any fraud, collusion or other improper behaviour.
6. SECURITY
Collusion Prevention
6.1 Collusion means a situation where two or more players
attempt to earn an unfair advantage by sharing knowledge of their cards or other information at a poker table. Any player
who attempts to or colludes with any other player while using the Poker Room will be prohibited from ever using the Poker
Room or the Website or the Software or any of Our other related services and their Player Account will be terminated effective
immediately. We will do Our best to investigate complaints received against players suspected of collusion. If We or Our Related
Parties suspect collusive behaviour during a game, We or Our Related Parties may, in our sole discretion, terminate the suspected
players' access to the Poker Room and/or block their Player Accounts. Neither We nor Our Related Parties will be liable
under any circumstances whatsoever for any loss You or any other player may suffer or incur as a result of the collusive or
otherwise unlawful activity and neither We nor Our Related Parties will be further obliged to take any other actions in the
event of any suspected collusion or other unlawful activity.6.2 We will only use Your personal information in accordance with
Our privacy policy, which is set out in full on the Website. We reserve the right to amend such privacy policy at any time.
However, We reserve the right to ask You to provide Us with additional details and any such additional information will be
kept confidential. We further reserve the right under certain circumstances to disclose certain details to relevant authorities
should We be required to do so by law or a regulatory body. Subject to the provisions of Our privacy policy, this right to
disclose personal information to bodies or authorities whose purpose is to investigate money laundering, fraud and other criminal
activity will be to the extent required by law or relevant legislation.
7. YOUR WARRANTIES AND REPRESENTATIONS
You warrant and represent to Us that:
7.1 You are not a resident of any of the excluded territories referred to in clause 1.3 above;
7.2 You have examined the legality of Your participation on the Online Gaming System
and Use of the Software in each jurisdiction that is applicable to You, and have found the same to be legal in such jurisdictions
under all applicable laws and orders of any competent authority; and
7.3 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 Online Gaming System.
8. TERM AND TERMINATION
Upon any termination of this EULA, You agree and acknowledge
that (i) Your rights to Use the Software shall immediately terminate, (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
9. GENERAL PROVISIONS
9.1
Governing Law. The construction, validity and performance of this EULA will be governed by the laws of England (except
to the extent that local law applies to Your Use).
9.2 No assignment by You. You are not allowed to assign
this EULA or any rights or obligations under this EULA to any other person or entity.
9.3 Priority. In the
event of any conflict between the terms and conditions in this EULA and any other agreement or document referred to in this
EULA or used in connection with the Software, the terms of this EULA shall prevail.