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TERMS AND CONDITIONS OF USE OF THE WEBSITE
1.1 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;
"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;
"Gambling Commission" means the regulator of commercial gambling in Great Britain whose website is at 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.
"Rules" means the Game Rules specifically applicable to the relevant type of 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 and/or via any Access Device application;
"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: www.williamhillcasino.com http://www.skykingscasino.com/
1.3 In addition, where You play any game, or otherwise use the Services, You agree to be bound by:
1.3.1 the Rules of any game You play ("Game Rules"), as set out (without limitation) under "Help" in the Software;
1.3.2 any Bonus Terms;
1.3.3 any Download Terms;
1.3.4 any terms and conditions relating to withdrawals or ‘cashing out’ which are contained in the “Cashout”, “Cashing Out Info” or “Cashier” section of the Website; and
1.3.5 any other terms applicable to the Services and/or which You are required to confirm Your agreement to as part of the Services ( "Additional Terms").
1.5.1 the “Cashout”, “Cashing Out Info” or “Cashier” terms;
1.5.2 the Bonus Terms;
1.5.3 the Game Rules;
1.5.4 the Additional Terms;
1.5.5 the General Terms;
1.5.7 the Download Terms.
2 CONTRACTING PARTIES
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 as trustee and shall (where appropriate) be deemed to include our agents, partners, and suppliers.
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
4 OPENING YOUR ACCOUNT
4.1 In order to play a game using the Services, You will need to open an account with the Operator (“Your 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 the "Getting Started"/”Join Us”/”How to Play” section 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 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 ticking the relevant box as instructed when You open an account on the Website 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
4.7 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.
5.3 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. 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, pleasecontact us immediately for a replacement through Customer Services, details of which can be found in the 24/7 Support/ Contact Us 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 play games. Further details of how to deposit, withdraw and transfer funds can be found in the "Deposit"/ "Payment Methods"/ “Deposit Info”/ “Payment Methods” 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 gaming activity, we reserve the right to deduct an administration charge (whether or not we close or suspend the account).
7.3 Your Account is not a bank account and is therefore not insured, guaranteed, sponsored or otherwise protected by any deposit or banking insurance system or by any other similar insurance system. Any monies deposited with us in Your Account shall not attract any interest. Monies deposited with us are held under a normal bank account and/or escrow account in the name of the Operator or another Operator Group company, which holds the monies in the account on trust for You and other persons entitled. As such, in the event of our insolvency, You would be entitled to claim any monies held on trust for You in such an account, but You would have no protection under any statutory deposit guarantee scheme.
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 or Software 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 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 (e.g. any applicable Bonus Terms).
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).
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 Cashout/Cashing out Info/Cashier /Payment Optionssection 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 Cashout/Cashing out Info/ Cashier /Payment Options section of the Website.
7.11 Inactive Account Fee. If You do not use Your Account for gaming, making a deposit, withdrawal or transfer, or if it is otherwiseinactive, for a period of at least 24 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 FAQ 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 FAQ section of 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 GAMING USING THE SERVICES
9.1 In order to access a Service you should follow the instructions provided in the “Getting Started"/”Join Us”/”How to Play” section.
9.2 It is Your responsibility to ensure that the details of any stake or similar transaction that You place using the Services (a "Transaction") is correct and when using the Website (either directly, through an application or otherwise) is in accordance with the relevant Game Rules, as appropriate.
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).
9.5 Once a Transaction has been accepted by us, You cannot cancel the transaction unless we agree otherwise.
9.6 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
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 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 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.
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); and/or
• opening any Duplicate Accounts; and/or
• undertaking fraudulent practice or criminal activity (as defined in paragraph 11.5)
11.2 If You suspect a person is engaged in any Prohibited Practice, You shall as soon as reasonably practicable report it to us 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 in connection with Your access to or use of the Services.
11.4.1 we have reasonable grounds to believe that You have participated in or have been connected with any form of Prohibited Practice (and the basis of our belief shall 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 played online games with any other online provider of gambling services and are suspected (as a result of such play) of any Prohibited Practice, or otherwise 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 analogous proceedings anywhere in the world,
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:
18.104.22.168 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);
22.214.171.124 the use of Bots for poker games and/or for skill games and for any other use which would otherwise constitute any other Prohibited Practices;
126.96.36.199 the use of third party software or analysis systems; or
188.8.131.52 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.
CLOSURE AND TERMINATION BY YOU
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.
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.
12.4 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.
CLOSURE AND TERMINATION BY US
SUSPENSION BY US
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 GAMING TERMS
14.1 Expressions used in the gaming industry are numerous. Should You be in any doubt as to the meaning of any expression, You should:
14.1.1 look up its meaning in the relevant Help or FAQs section relating to the game You are 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 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 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.
16.3 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.
17 IT FAILURE
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 game logged on the Operator's server immediately prior to the occurrence of the problem).
18 ERRORS OR OMISSIONS
18.1 A number of circumstances may arise where a 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 terms of gaming wager to You as a result of obvious error or omission in inputting the information or as a result of a computer malfunction;
18.1.2 where an error has been made as a result of a Prohibited Practice under paragraph 11.1;
18.1.3 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
18.1.4 where an error has been made by us as to the amount of free bets and/or bonuses that are credited to Your Account,
any 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.
19.3 SAVE AS PROVIDED IN OUR GAME 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 INCLUDING UTILISING THE WEBSITE), 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 STAKE, THE AMOUNT OF THE 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
19.5.1 fraud (including fraudulent misrepresentation); or
19.5.2 death or personal injury caused by our negligence.
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
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.
21.5 All intellectual property rights in the name “Sky Kings", 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
23.2 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 dateof 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:
23.4.2 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
25 COMPLAINTS AND NOTICES
25.1 No claim or dispute with regard to 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 complaintregarding 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.
25.4 If You remain unhappy with any solution offered by us then You agree that the matter may be referred for adjudication by the Independent BettingAdjudication Service (IBAS), telephone number +44 207 347 5883. Further details about IBAS can be found on 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.
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: www.gibraltar.gov.gi/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
27 EVENTS OUTSIDE OUR CONTROL
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.
28.1 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.
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
31 THIRD PARTY RIGHTS
32 LAW AND JURISDICTION
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 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 or by opening a new account.
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 forGAMCARE 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.
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; or by email and/or telephone at the address on the 24/7 Support/ Contact Us. Please note that all calls to our Customer Services team are recorded for training and security purposes.
PLAYTECH END-USER LICENSE AGREEMENT
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.
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:
the part of the Website operated by Us which acts as a gateway through which You can participate in the 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;
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;
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;
the part of the Website operated by Us which acts as a gateway through which You can participate in the iPoker Network;
a personal account opened by an individual and maintained with Us to enable that person to play games in the Online Gaming System;
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;
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;
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;
the user of the Software downloaded from the Website;
means the Operator as described in paragraph 2 in the General Terms;
(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
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 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).
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.
6.1. 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.
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 is such jurisdictions under all applicable laws and orders of any competent authority.
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
8.1. 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.
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