Last modified: 9th September 2024
TERMS AND CONDITIONS
INTRODUCTION
This website, www.thesunvegas.co.uk, and any mobile applications through which our Services are offered (together, the "Website") are operated by VF 2011 Limited ( "we" or "us"), a company incorporated and registered in Alderney (company number 1819) whose registered office is at Millennium House, Ollivier Street, Le Val, Alderney GY9 3UL. We hold a remote operating licence from the Gambling Commission of Great Britain (licence number 45110) and the Alderney Gambling Control Commission (licence number 136 C1).
We operate the Website under a brand licence from News Group Newspapers Limited. News Group Newspapers Limited is not responsible for the provision of any gambling or the Services, and your agreement is with us.
THESE TERMS AND CONDITIONS
These terms and conditions (the "Terms & Conditions") govern your access to and use of the Website and our Services. By accessing and using the Website and any of our Services (including by opening an Account with us), you agree to be bound by these Terms & Conditions. You also agree to the use of electronic communications in order to enter into contracts, and you waive any rights or requirements under applicable laws or regulations in any jurisdiction which require a signature by hand, to the extent permitted by law.
Please read these Terms & Conditions carefully, as they form a legally binding contract between you and us.
If you do not agree to be bound by these Terms & Conditions, please do not use the Website or our Services.
We recommend that you print out these Terms & Conditions and store them safely along with all the confirmation e-mails, transaction data and payment methods relevant to your use of the Website and our Services.
CONTACTING US
You can contact our Customer Services team. Please click here to see our contact details.
RULES AND ADDITIONAL TERMS
These Terms & Conditions include and incorporate the following additional terms:
If there is a conflict between these Terms & Conditions and any of the Rules, any Promotional Terms and/or the Privacy Policy, the provisions of, as applicable, the Rules, any Promotional Terms and/or the Privacy Policy shall to that extent prevail over these Terms & Conditions.
DEFINITIONS
The following words and terms, when used in these Terms & Conditions, shall have the following meanings:
"Account" : an account opened by you with us to enable you to deposit and wager on the Website or otherwise use the Services;
"Applicable Laws" : any laws, rules and regulations which apply to you in the country in which you reside, or, if different, from which you are conducting activities with us, including (but not limited to) those relating to online gambling, your access to or use of the Services and/or the Website, and your making deposits and receipt of any withdrawal;
"Gambling Transaction" : a bet, wager, stake or similar transaction placed on the Website or by otherwise using our Services;
"Group" : means, in relation to us, a company which is from time to time a subsidiary or the ultimate holding company ours, or another direct or indirect subsidiary of such ultimate holding company. For the purposes of this definition, "subsidiary" and "holding company" have the meaning given to these expressions in section 1159 of the Companies Act 2006 (as amended from time to time);
"Payment Provider" : a third party payment processing company;
"Prohibited Jurisdictions" : any jurisdiction other than the United Kingdom and, the Republic of Ireland.
"Promotional Terms": separate terms and conditions which may apply in respect of promotions, bonuses and special offers (including any wagering requirements) related to the Services from time to time;
"Services" : the services offered by us from time to time through the Website;
"Software" : the software that is required to be accessed or otherwise utilised by you from the Website for the purpose of enabling you to participate in the Services, including any related program or data file and any related documentation, and including any enhancements, modifications, additions, translations or updates to such software;
"Winnings" : any winnings payable to you following a successful Gambling Transaction; and
"Withdrawable Funds": the total funds in your Account (including all unspent deposits and winnings from wagers made with your deposits) excluding any funds that are subject to a restriction (including wagering requirements or other promotional play restrictions).
YOUR REPRESENTATIONS
1. By opening an Account with us, you promise and represent to us that:
1. you have understood and accepted these Terms & Conditions (including any additional Rules and/or other terms that may apply to you, as described in the "RULES AND ADDITIONAL TERMS" section above);
2. you are bound by the provisions of these Terms & Conditions (including any additional Rules and/or terms that may apply to you, as described in the "RULES AND ADDITIONAL TERMS" section above);
3. you are 18 years of age or older;
4. you have the mental capacity to take responsibility for your own actions and enter into an enforceable contract with us;
5. you are acting on your own behalf and not on behalf of anyone else;
6. all information which you give, or have given, to us in the registration process is accurate as at the date of registration;
7. you are not depositing funds originating from criminal or unlawful activities, and you are not otherwise conducting criminal or unlawful activities and/or intending to use the Account in connection with such activities;
8. you are not colluding, or attempting to collude, or intending to participate, directly or indirectly, in any collusion scheme with any other player in the course of any game you play, or will play, on the Website;
9. the payment card details supplied by you in the registration process OR SUBSEQUENTLY are yours as the registered account holder and the relevant card has not been reported as lost or stolen;
10. you are not a problem gambler or compulsive gambler, and have not previously self-excluded from this Website and/or any other gambling website;
11. you are not an officer, director, employee, consultant or agent or of one of our Group companies, or our suppliers or vendors, and you are not a relatives of anyone who falls into these categories (for the purpose of this paragraph, the term "relative" means spouse, partner, parent, child or sibling);
12. you are responsible for complying with Applicable Laws and will not access the Website or our Services from a Prohibited Jurisdiction; and
13. you understand that there is a risk of losing money by wagering on our Website and using our Services and you accept full responsibility for such losses.
RESPONSIBLE GAMBLING
1. As a responsible operator, we recognise that gambling can become a problem for some users. Consequently, we provide users with the facility to exclude themselves from using the Website and our Services or to use other responsible gambling tools that we offer, such as time-outs or setting financial limits in relation to their gambling. You acknowledge and agree that your account may be restricted not only at your request (as described in more detail below in this section), but also pending the completion/outcome of any interaction between you and us relating to responsible gambling matters or concerns.
2. In addition to the Financial Limits which you can apply to your gambling account (please refer to Setting Financial Limits) below, we also have loss limits. In line our Safe Gambling commitments, and in accordance with our regulatory licencing requirements, we may administer a recommended monthly loss limit. A loss limit is the amount you can lose when gambling. When you register your account a default monthly loss limit will be applied to your account and will be shared across all our websites (Sun Bingo, Sun Vegas, Fabulous Bingo and Fabulous Vegas) should you hold another account within our network. Once this limit is met, you will be prevented from making further gaming transactions until the limit resets. Loss limits will only count your Cash, Bets and Wins. More information on our Responsible Gaming Loss Limits can be found here:
Self-exclusion
1. You can instruct us to exclude you from placing Gambling Transactions for a specific period of time (from a minimum of 6 months to a maximum of 5 years): (i) by contacting Customer Services (please click here for our contact details); or (ii) online via the "My Account" tab. In asking us to exclude you from the Website and our Services, you acknowledge and agree that we will block your Account from placing Gambling Transactions for the period requested, starting as soon as possible after receipt of your request (and, in any event, by no later than the next time you try and log in). The self-exclusion will be applied to all websites operated by us and Virtue Fusion (Alderney) Limited, a member of our Group. Please note that there may be a short delay in applying the self-exclusion to the websites operated by Virtue Fusion (Alderney) Limited. If you wish to self-exclude from other gambling operators (including the operators of Sun Play or Sun Arcade) please contact those operators directly or use the GAMSTOP service described below.
2. During a period of self-exclusion, you will not be able to place Gambling Transactions or otherwise access your Account. When you self-exclude, we will attempt to return your Withdrawable Funds to your registered payment method. We will make every reasonable attempt to contact you via email should you have a balance on your account that has not been successfully returned to you. If, after a reasonable period, we are not able to return your Withdrawable Funds (because, for example, we are not able to contact you), we may donate the relevant amount to a charity of our choice. If you wish to reactivate your Account after the period of self-exclusion has expired, you may only do so by calling our Customer Services team (please click here for our contact details) and requesting that the self-exclusion be lifted. Any request to lift the self-exclusion after the specified period has expired will be subject to a 24 hour "cooling off" period, after which your Account will be re-activated.
3. After your self-exclusion has been implemented, we will remove your name and details from any marketing databases we use. Please note that this relates only to marketing materials sent by us. There may be a short delay between your self-exclusion being implemented and marketing materials being stopped.
4. In addition to our self-exclusion tools described above, you are also able to self-exclude with GAMSTOP, a free service that enables individuals resident in the UK to self-exclude from the websites / apps of gambling operators licensed by the Gambling Commission of Great Britain. To find out more details and register with GAMSTOP, please visit www.gamstop.co.uk. If you request to self-exclude using GAMSTOP, we will take reasonable steps to prevent you from transacting on your Account, based on the information that you have provided to GAMSTOP, as soon as possible following your self-exclusion being registered with GAMSTOP. You should ensure that the details you use to register with GAMSTOP are the same as those details registered on your Account. Please note that there may be circumstances where we are unable to implement a self-exclusion requested via GAMSTOP, including, but not limited to, where we are unable to match your Account with the details you provided to GAMSTOP, and where there is a technical failure in the operation of GAMSTOP such that we cannot access the most up-to-date self-exclusion information.
5. During your period of self-exclusion, whether requested directly with us or via GAMSTOP, you promise not to circumvent, or to attempt to circumvent, such self-exclusion arrangement by attempting to place Gambling Transaction using the Website or our Services, either yourself or using a third party. Any Accounts found to be in use in breach of a self-exclusion request will be closed as soon as such use is discovered, and we will attempt to return any Withdrawable Funds as set out above. Please note that if you are able to access your Account and/or open a new Account during any self-exclusion period, including one requested via GAMSTOP, and our automated checks do not prevent this happening, we shall have no responsibility or liability to you or any third party for any gambling activity that takes place (including to refund any losses relating to such gambling activity). You accept that we have no responsibility or liability whatsoever (including in respect of any losses You may incur) if you continue to gamble with us or any third party, including where you have circumvented a GAMSTOP self-exclusion, via additional accounts or by changing registration details, or where you have sought to take advantage of the GAMSTOP service being unavailable or inaccessible.
Setting Financial Limits
1. As part of our commitment to responsible gambling and in line with our regulatory obligations, you have the option to set a daily (24 hour), weekly or monthly deposit limit on your Account. To set a deposit limit, please either contact Customer Services ( click here for our details) or select the option on the Website through the "My Account" link, setting out whether you wish to have a daily (24 hour), weekly or monthly deposit limit, and the amount you wish to be set.
2. Any requested decrease in your maximum deposit level will take effect immediately and any requested increase in your maximum deposit level will take effect after a "cooling off" period of 24 hours. You will be required to confirm that you wish to increase your deposit limit after this time. If you do not give that confirmation, your deposit limit will remain as was originally set.
3. Any deposit limit that you set will be applied across all websites operated by us, irrespective of the brand. 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.
PROHIBITED JURISDICTIONS
1. You may not use the Website and/or the Services if you are located in a Prohibited Jurisdiction. The fact that the Website is accessible in a Prohibited Jurisdiction, or that the Website is provided in the official language of a Prohibited Jurisdiction, shall not be construed as condoning the use of the Website in such Prohibited Jurisdiction. Any attempt to circumvent this restriction (for example, by using a VPN, proxy or similar service that masks or manipulates the identification of your real location, or by otherwise providing false or misleading information regarding your location, citizenship, or place of residence, or by making bets or wagers using the Website through a third party or on behalf of a third party located in a Prohibited Jurisdiction) is a breach of these Terms & Conditions and may constitute a criminal offence under Applicable Laws. If we discover, or we have reasonable grounds to suspect, that you accessing the Website or the Services from a location in any of the Prohibited Jurisdictions, this will result in us closing your Account, without any obligation to provide you with advance notice, and providing the applicable details to any relevant authorities, and you shall compensate us for any damage or loss resulting therefrom.
PROTECTION OF CUSTOMER FUNDS
1. You acknowledge and agree that your Account is not a bank account and is therefore not insured, guaranteed, sponsored or otherwise protected by any deposit or banking or other insurance system of any jurisdiction. Any monies deposited with us will not receive any interest.
2. We are required under our licence from the Gambling Commission of Great Britain to inform customers about what happens to funds which we hold on account for you in the event of our insolvency. We hold customer funds separate from company funds in a mixture of bank accounts and in reserve funds which we hold with our payment processors. These funds are not protected in the event of our insolvency. More information can be found on the Gambling Commissions' website here.
YOUR ACCOUNT
Opening an Account
1. In order to enter into a Gambling Transaction and/or use the Services, you will need to open an Account with us on the Website. You may only open one Account on the Website: duplicate accounts are prohibited and will be closed (and Withdrawable Funds, if any, returned). We do not operate a credit facility, and you may only enter into Gambling Transactions with funds held in your Account.
2. When registering an Account, you will be required to provide certain personal information, including your name, date of birth, address, telephone number and email address. All information supplied by you must be accurate and complete in all respects. We will comply with all applicable data protection laws in respect of the personal information you supply to us and will only use your personal information in accordance with ourPrivacy Policy .
Payment Methods
1. You can have up to ten (10) active payment cards on your Account. If a card registered to your Account is lost or stolen then you should notify Customer Services immediately (our contact details can be found here).
2. You are prohibited from using credit cards on the Website. If we discover that you are using a credit card on the Website then we will refund you the amounts deposited from that card. Any winnings made from these Gambling Transactions will be reversed.
Age
1. You may only use the Website and/or the Services if you are 18 years of age or older. It is illegal for anyone under the age of 18 to open an Account or to place Gambling Transactions on our sites (including the Website) or those of members of our Group. We will void all Gambling Transactions and return all deposits to anyone who we discover is under the age of 18.
2. If you share your computer with anyone under the age of 18, we recommend that you put in place filtering software. Companies that provide filtering software include:
www.cyberpatrol.com
www.netnanny.com
www.surfcontrol.com
www.cybersitter.com
Verification Checks and Source of Funds requests
1. By accepting these Terms & Conditions, you agree that we are entitled to conduct any necessary identification, credit, source of funds/wealth and other verification checks that we may reasonably require and/or are required of us under Applicable Laws and regulations or by regulatory authorities. You agree to provide us with any information we request in relation to such verification checks, and we reserve the right to request proof of age documentation and evidence to verify your identity, or the source of your funds/wealth (including certified documentation) from you at any time. Until such time as the relevant checks are completed to our reasonable satisfaction, and any requested information has been provided, we are entitled to restrict your Account in any manner that we may reasonably deem appropriate, including by preventing you from placing any Gambling Transactions until the verification checks are completed satisfactorily.
2. To comply with Applicable Laws (including our regulatory obligations), we conduct automatic "know your customer" checks. If these checks do not provide us with sufficient information about you we may request to verify your identity and/or your source of funds.
3. When an Account is opened, if the automatic checks do not provide all of the information that we need then we will request identify verification documents from you. Your Account will be frozen and no further gambling permitted until such time as the required information has been received and verified by us.
4. The ID verification required by us is as follows:
a. photographic ID (a copy of your passport or driver's licence showing your name and date of birth); and
b. proof of address (for example, a copy of a bank statement or utility bill that shows the name and address registered on your Account and is dated during the previous three months),
together with such other information as we may reasonably require.
5. If, in line with our regulatory obligations, we request information on your source of funds/wealth, you must provide such information within the period specified in our email (either 48 hours or 7 days). If you do not provide the requested information within the period given, we may restrict your Account until such time as the required information has been sent and verified.
For source of funding/wealth, we will request the following:
a. a copy of the front and the back of the payment card you have registered and used on your Account (you need only show the name, first six digits and last four digits and expiry date; all other details should be obscured);and/or
b. bank statements from the last 3 months; and/or
c. wage slips from the last 3 months; and/or
d. evidence of source of any other source of funds/wealth (e.g. property sale, inheritance, share sale, lottery win).
6. We may supply the information that you give us to authorised credit reference agencies and/or fraud prevention agencies to confirm your identity and card details. You agree that we may process, use, record and disclose personal information which you provide in connection with your registration and that such personal data may be recorded by us or such third-party agencies. For further information please see our Privacy Policy
7. We shall be entitled to restrict or apply financial limits (pending an account review) or permanently close your account in the following circumstance Immediately if we discover that you have become bankrupt, and / or are subject to Country Court Judgements (CCJ), High Court judgement (HCJ), Individual Voluntary Arrangements (IVA), Debt Relief Order (DRO) and Insolvency.
Use of your Account
8. When you open an Account, you will be required to choose a unique username and password. You must keep your username and password secure and confidential and not share it with anyone else. You must not allow any other person to use your Account. You accept that any actions taken using your Account will be considered to have been taken by you and any Gambling Transactions entered into using your Account will be considered valid. We will not be liable if you disclose your username and password to someone else.
9. You must keep your registration and Account details up-to-date. If any of your Account details change you should notify us immediately, as failure to do so may result in transactions being declined by your financial institution. This can be done by contacting our Customer Services team (our contact details can be found here). We are not responsible for transactions which are declined as a result of incorrect details where you have not notified us of any changes.
10. If you forget your username and/or password, or have reason to believe that someone else is aware of your password, please contact our Customer Services team immediately (our contact details can be found here).
11. You can monitor all Gambling Transactions made using your Account by clicking on the "History" button when logged in. You are responsible for all Gambling Transactions made using your Account.
12. The payment card registered on your Account must be in your own name.
Deposits and withdrawals
1. You agree that any financial transactions (e.g. deposits, withdrawals) on your Account will be handled by us directly or through a Payment Provider. Financial transactions will appear on your card statement as "VF2011".
2. Once your Account has been opened, you will be able to credit funds to it by requesting an electronic transfer of funds using any of the means set out on the Website.
3. Each request made by you to deposit funds in your Account shall constitute a valid authorisation for us, or the Payment Provider if applicable, to transfer the amount specified in your request to your Account.
4. Unless specifically authorised by us in writing, the limits on deposits into, and withdrawals from, your Account are set out in the table below. Unless agreed with you separately, we only accept payments, and all Gambling
Transactions will take place and all Account balances will be displayed, in GBP.
|
Minimum Single Deposit |
Maximum Single Deposit |
|
£10/€10 |
£1,000/€1,000 |
|
Minimum Single Withdrawal* |
Maximum Single Withdrawal** |
|
£5/€5 |
£50,000/€50,000 |
* If you wish to withdraw an amount which is less than the Minimum Single Withdrawal set out in the table above, please contact our Customer Support team . A fee may,reflecting our costs incurred in processing the withdrawal, apply.
** The number of withdrawals you can make is not limited. If you wish to withdraw more than the Maximum Single Withdrawal amount, you will be required to undertake multiple withdrawal transactions.
1. We are entitled to determine whether the funds that you have requested to be credited to your Account are available upon receiving confirmation from the relevant Payment Provider in accordance with such Payment Provider's approval procedures. Only when your deposits are reconciled and cleared by the relevant Payment Provider will your Account be credited with the funds.
2. You must notify us if any sum is incorrectly credited to your Account. We are entitled to reverse such credits and/or recover such sums from you if you have withdrawn them. Any Gambling Transactions entered into using improperly credited sums may be cancelled by us and any winnings made from these Gambling Transactions will be reversed.
3. You may withdraw any Withdrawable Funds in your Account at any time by submitting a withdrawal request (either online or, if you wish to withdraw an amount which is less than the Minimum Single Withdrawal set out in the table above, by contacting Customer Support). On receipt of any such withdrawal request, we will return the relevant funds to you (less a processing fee (if applicable)) using the payment method with which those funds were originally deposited (unless we agree otherwise).
Fees and Chargebacks
1. You are responsible for settling any charges levied by the financial institution which issues your payment card.
2. If you frequently make deposits into and withdrawals from your Account without placing a reasonable level of Gambling Transactions, we reserve the right to charge you a fee (debited from your Account) for depositing. We will provide you with advance notice before processing this debit.
3. If relevant in your jurisdiction, it is your responsibility to account to the relevant tax authorities for any winnings you receive via your Account. We are not liable to account to any tax authority for any of your personal taxes.
4. If, for whatever reason, there is a chargeback request to your Account, you accept and acknowledge that we may restrict your Account while we investigate and resolve the matter. During such period, any monies due or requested will be withheld.
Closing your Account
1. If you wish to close your Account, please contact Customer Services (our contact details can be found here).
2. We shall be entitled to restrict (pending our investigation) or permanently close your Account in the following circumstances:
1. Immediately if we discover that you have become bankrupt; and/or
2. in accordance with the "Cheating, Collusion, Fraud and Criminal Activity" section below if an investigation concludes that you have used the Website and/or the Services in a fraudulent manner or for illegal, unlawful and/or improper purposes; and/or
3. as soon as we become aware that in placing Gambling Transactions using your Account you have contravened the rules on gambling of any professional body or your employer;
4. immediately if we are requested to do so by law enforcement or regulatory authorities or by a court order or if we are otherwise required to do so for regulatory or legal reasons; and/or
5. by giving you reasonable notice if you don't supply any information reasonably requested by us; and/or
6. by giving you no less than one (1) months' notice in writing; and/or
7. by giving you reasonable notice if we discover or have reason to believe that you have breached, or are breaching, these Terms & Conditions.
3. Where we close your Account for a breach of these Terms & Conditions, we may withhold and/or retain any and all amounts in such Account until such time as we have investigated the relevant breach. Upon conclusion of our investigation, we will return any amounts in your Account to you other than where we have received a valid request from any law enforcement or regulatory authority, or a court order, which requires us to withhold the funds in your Account.
Gambling Transactions
1. We reserve the right to decline part of a Gambling Transaction if your Account is restricted in our reasonable discretion. All Gambling Transactions are entered into at your own discretion. Gambling Transactions will not be confirmed if there are insufficient funds in your Account.
2. We will only accept Gambling Transactions made online (including via mobile phone or mobile applications). Once a Gambling Transaction has been accepted by us, you cannot cancel the Gambling Transaction. It is your responsibility to ensure that all details of the Gambling Transaction are correct.
3. Winnings from settled Gambling Transactions will be added to the balance of your Account. Any funds credited in error are not available for use and we reserve the right to (i) void any Gambling Transaction placed using such funds and (ii) withdraw the relevant amount and reverse the Gambling Transaction, whether at the time or retrospectively.
Inactive Accounts
1. If you have not placed a Gambling Transaction using your Account for a continuous period of 12 months, your Account will be deemed inactive. Once your Account has been deemed inactive, we may, upon giving you notice, charge you a monthly maintenance fee of the higher of £2 and 5% of the balance of your Account. Should we decide to enforce the maintenance fee we shall contact you via email 30 days before your account is deemed inactive. We will take all reasonable steps to return any balance on your account back to the last used payment method. We will continue to deduct this fee until the balance of your Account is zero or you place a Gambling Transaction. at which point your account will be considered as active once more. Please note that unless we contact you 30 days before your account is deemed inactive, we will not apply a maintenance fee nor remove any balance.
Errors or Omissions
2. A number of circumstances may arise where errors are made in respect of Gambling Transactions placed or payments made by us ( "Error"). An Error could be the result of a mistake by an individual or a defect or fault with our systems and/or the Software. Save where as set out in these Terms and Conditions, we will not be liable for any Error (however caused), including (but not limited to) where:
1. we incorrectly calculate or pay out the amount of Winnings that are paid to you;
2. an error occurs in a random number generator or pay tables included or used in any game or product; and/or
3. caused by the failure of any hardware, Software, or communications systems.
3. We reserve the right to correct any Error which has been identified and, in the case of a fault, take steps as soon as practicable to remedy the problem and ensure that you are treated fairly according to the circumstances.
4. Where it is not practicable for us to correct and re-settle a Gambling Transaction which has been subject to an Error, we reserve the right to declare the relevant Gambling Transaction void and withhold payment of the relevant Winnings to you. Where we have paid Winnings to you which we can reasonably demonstrate were as a result of an Error, we reserve the right to claim back such Winnings from you and/or deduct them from your Account balance.
5. You should inform us of any Error as soon as possible and should not seek to exploit an Error to generate Winnings. Where we can reasonably demonstrate that you have exploited an Error to generate Winnings we shall have no liability to you in respect of such Winnings. Where we have paid Winnings to you which we can reasonably demonstrate were as a result of you exploiting an Error, we reserve the right to claim back such Winnings from you and/or deduct them from your Account Balance.
6. Neither we, nor our employees, partners or suppliers, will be liable for, or be required to compensate you for, any loss that results from any Error by us.
Cheating, Collusion, Fraud and Criminal Activity
1. If we discover, or have reasonable grounds to believe, that you are engaging, or have engaged, in one or more of the following activities, we will commence and/or be involved in and/or assist an investigation into such circumstances:
a. cheating (including by counting cards or exploiting a game or game fault);
b. colluding with others (including by working together to exploit a game or game fault, using "bots" or similar software, or manipulating the Software); and/or
c. fraudulent behaviour or criminal activity (including money laundering, unwarranted chargeback or stolen alternative payment methods).
4. You agree to assist and cooperate with any such investigation, and also agree that we may provide your personal information to a third-party investigating your activity or Account (as set out in our Privacy Policy). While an investigation is ongoing, your Account will be frozen and you will not be able to place any Gambling Transactions, make deposits or process withdrawals. If the investigation concludes that you have not engaged in any of the foregoing activities, your Account will be re-activated. If the investigation concludes that you have engaged in any of the foregoing activities, we will take the appropriate action to meet our legal obligations.
5. It should be noted that where our concerns relate to the validity of your identity, we may deploy anti-fraud systems and processes as well as asking for additional identity documentation. We will only prevent deposits into and/or withdrawals from your Account where the failure to do so may undermine one of our legal or regulatory obligations.
6. You should only deposit money into your Account for the purposes of entering into a Gambling Transaction. In circumstances where we reasonably believe that you are depositing money without any intention to enter into a Gambling Transaction, we may investigate your Account in accordance with the preceding paragraph.
USE OF THE WEBSITE
General
1. No warranty or representation, express or implied, is made as to the accuracy, timeliness, completeness or suitability of the information and materials contained on our Website nor as to the results obtained through its use. The information provided on the Website is not intended to amount to advice or recommendations and is provided for information purposes only. No reliance shall be placed on such information when entering into a Gambling Transaction.
2. You are solely responsible for the supply and maintenance of all computer equipment, telecommunications networks and internet connection services that you require in order to access and use the Website. We shall not be liable in for any loss or damage caused to your computer equipment, telecommunications network or internet connection service as a result of accessing or using the Website, save that if any defective digital content that we have supplied to you damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation.
3. You may only use the Website and/or the Services for the purpose of entering into Gambling Transactions with us and for your own private use. Any commercial exploitation of information from our Website is strictly prohibited.
4. You must not use the Website and/or the Services for any purpose which is illegal, fraudulent, abusive, obscene, discriminatory, dishonest or inappropriate. You will fully compensate us for any and all losses, costs, damages and claims arising from any such activity.
Availability of the Website
1. From time to time the Website may be unavailable for use by you due to maintenance of the Website and/or alteration of our products/Services. We may alter or amend the products/Services and/or undertake maintenance at any time or for any reason.
INTELLECTUAL PROPERTY AND SOFTWARE
1. We are the owner or the licensee of all intellectual property rights in the Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
2. You must not use any part of the materials on the Website for any commercial purposes without obtaining a licence to do so from us or our licensors.
3. You may print off one copy, and may download extracts, of any page(s) from the Website for your personal reference only.
4. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
5. Our status (and that of any identified contributors) as the authors of material on the Website must always be acknowledged.
Software
6. We do not accept any liability in respect of the Software, save that if any Software that we have supplied to you damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. You agree that you are only permitted to use the Software for the purpose of using the Services and, save to the extent permitted by Applicable Law, for no other purpose.
7. We hereby grant you a personal, non-exclusive, non-transferable right to use the Software for the sole purpose of using the Services and the Website, in accordance with the following provisions. You are not permitted to:
1. install or load the Software onto a server or other network device or take other steps to make the Software available to any other person via any form of "bulletin board", online service or remote dial-in, applications service provider, internet services provider, timesharing arrangements, outsourcing services or bureau services;
2. sub-license, assign, rent, lease, loan, transfer or copy the Software or your licence to use the Software, or make or distribute copies of the Software;
3. interrupt or tamper with, or attempt to interrupt or tamper with, the operation of the Software or any information in any form which is included on the Website;
4. use the Software for commercial purposes;
5. translate, reverse engineer, decompile, disassemble, adapt, modify, create derivative works based on, or otherwise modify the Software;
6. copy or translate any user documentation provided 'online' or in electronic format;
7. enter, access or attempt to enter or access or otherwise bypass the applicable security system or interfere in any way (including but not limited to robots and similar devices) with the Website, or attempt to make any changes to the Software and/or any features or components thereof;
8. flood the Website and/or the Software with information, multiple submissions or "spam";
9. knowingly or negligently use any features which may affect the function of the Website and/or the Software in any way, for example by releasing viruses, worms, trojans, logic bombs or similar material that is malicious or harmful; or
10. attack the Website via a distributed denial-of-service attack.
8. You do not own the Software. The Software is owned and is the exclusive property of members of our Group or its licensor (the "Software Provider"). The Software and accompanying documentation which have been licensed to us are proprietary products of the Software Provider and are protected throughout the world by copyright law and other intellectual property law. Your use of the Software does not give you ownership of any intellectual property rights in the Software or any other rights in or with respect to the Software, except for the right to use the Software as expressly provided in these Terms & Conditions .
9. You acknowledge that a random number generator will determine the outcome of the games played on the Website, 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 the Software and the result that appears on the game server, the result that appears on the game server will prevail. You acknowledge and agree that our records will be the final authority in determining the circumstances of your participation in gaming activity on the Website and the results of this participation.
10. Neither we nor the Software Provider, or any of our or its affiliates and related parties, will be liable to you for any costs, expenses, losses or claims arising or resulting from communications or system errors occurring in connection with the settlement of Accounts or other features or components of the Software, or for any damage caused to your devices (PCs, mobile devices) from use of the Software, save that if the Software damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. In the event of such errors, we will further have the right, but not the obligation, to remove any relevant games from the Software and the Website and take any other action to correct such errors.
11. The Software may include confidential information which is secret and valuable to the Software Provider and/or to us. You are not entitled to use or disclose that confidential information other than strictly in accordance with these Terms & Conditions.
OUR LIABILITY
1. Nothing in these Terms & Conditions affects our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law. Your statutory rights remain unaffected and we shall use reasonable care when providing you services pursuant to these Terms & Conditions.
2. If we fail to comply with these Terms & Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of that non-compliance or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
3. The Website and the Services (including all material and information displayed on or via the Website and the Services) are provided without any guarantees, conditions or warranties as to their accuracy. Save where otherwise set out in these Terms and Conditions, and to the extent permitted by Applicable Law, we exclude all liability for:
1. any losses that were not foreseeable to both parties when the contract between us was formed;
2. any losses arising from your breach of these Terms & Conditions;
3. any losses which are not caused by a breach of these Terms & Conditions or a breach of Applicable Law on our part;
4. the accuracy of any information services provided (including, without limitation, scorers, runners, times, results or general statistics) or any live scores, statistics and intermediate results shown on our Websites which are provided by third parties;
5. any losses you incur resulting from failure by us to implement a self-exclusion agreement with you from time to time; and
6. business losses.
4. Subject to the preceding paragraph, and other than in relation to the payment of Winnings lawfully won or in circumstances where we may not limit our liability under Applicable Law, our liability to you pursuant to these Terms & Conditions shall not exceed:
1. in the case of any liability which relates to a specific Gambling Transaction, the amount of the stake wagered; or
2. in the case of any other matters, an aggregate of five thousand pounds (£5,000).
5. We supply the Services for domestic and private use. If you use the Services for any commercial, business or re-sale purpose, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
6. Where we provide links to other websites, we do so for information purposes only and you use any such links at your own risk. We accept no responsibility for the content or use of any other websites or for the information contained on them.
YOUR LIABILITY
1. You agree to compensate us (and our subsidiaries, employees, agents and/or partners) from any claims, liabilities, costs and expenses that may arise as a result of your breach of these Terms & Conditions
OTHER
Changes to the Terms & Conditions
1. These Terms & Conditions are subject to change and we reserve the right to change them at any time for a number of reasons, including in order to comply with Applicable Law and/or in order to reflect changes to the Services or our business practices.
2. Following your initial acceptance of these Terms & Conditions, we will notify you of any subsequent significant changes to the Terms & Conditions before they come into effect, as further described in these Terms and Conditions. However, you should check the Terms & Conditions regularly for any changes as your continued use of the Website and the Services will be regarded as acceptance of the latest version of the Terms & Conditions (including the Privacy Policy).
3. Where we intend to make significant changes to the Terms & Conditions we will notify you before they come into effect using one of the following methods:
1. email (to the email address registered on your Account); and/or
2. a notice/pop up on the Website.
4. If you do not wish accept any changes that have been made to these Terms & Conditions then you should stop using the Website and the Services. Any bets or wagers received but not settled prior to the introduction of the new Terms & Conditions will be subject to the version of the Terms & Conditions applicable at the time the bet or wager was received.
Complaints and Dispute Resolution
1. If you have any complaint about our Website or any of our Services, please contact our Customer Services team (using the contact details here) You can review our full Customer Complaints Process here
2. If, after our internal process has been fully exhausted, you remain unsatisfied as to the outcome of your complaint, you have a right to escalate this complaint to the Independent Betting Service (IBAS), our independent Alternative Dispute Resolution (ADR) body. You have free right of access to the ADR function.
3. You can find the IBAS adjudication form online, at www.ibas-uk.com, or you can request a form by phone by calling 020 7347 5883. You can also write to:
IBAS
PO Box 62639
London
EC3P 3AS
Alternatively, you may also file your complaint through the Online Dispute Resolution (ODR) Platform which can be accessed through this link: https://ec.europa.eu/consumers/odr/main/ .
Events beyond our control
1. We shall not be in breach of these Terms & Conditions nor be liable for delay in performing, or failure to perform, any of our obligations under these Terms & Conditions if such delay or failure results from events, circumstances or causes beyond our reasonable control.
Waiver
1. Our failure or delay in enforcing or partially enforcing any term of these Terms & Conditions shall not be interpreted as a waiver of any of our rights or remedies. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
Severance
1. If any provision of these Terms & Conditions is held by any competent authority to be invalid, void, voidable, unenforceable or unreasonable in whole or in part, the validity of the other provisions of these Terms & Conditions and the remainder of the provision in question shall continue in full force and effect.
Entire Agreement
1. These Terms & Conditions, including any document expressly referred to in them, represent the entire agreement between you and us and replace any prior agreement, understanding or arrangement between you and us. We each acknowledge that neither of us has relied on any representation, undertaking or promise made by the other except as expressly stated in these Terms & Conditions.
Transfer of agreement
1. We may at any time assign or transfer any or all of our rights and obligations under these Terms & Conditions but we will only do so where that assignment or transfer will not prejudice your rights under these Terms & Conditions. In particular, we may assign or transfer our rights and obligations to any purchaser of all or part of our business. We may also subcontract or delegate in any manner any or all of our obligations under these Terms & Conditions to any third party or agent.
2. These Terms & Conditions are personal to you and you may not assign, sub-license or otherwise transfer in any manner whatsoever any of your rights or obligations under these Terms & Conditions.
Notices
1. You agree to receive communications from us in an electronic form. Electronic communications may be posted on the pages within the Website and/or the messages/help files of your client application, and/or delivered to your email address, as decided by us from time to time. All communications in electronic format will be considered to be "in writing" and to have been received no later than five business days after posting or dissemination, whether or not you have actually received or retrieved the communication. We reserve the right, but assume no obligation, to provide communications in paper format. Any correspondence you want to send to us in writing should be addressed to VF2011 at Inchalla, Le Val, Alderney GY9 3UL. Note that any communications under this paragraph shall be governed by our Privacy Policy.
Governing law and jurisdiction
2. These terms and conditions are governed by English law and we both agree to submit to the exclusive jurisdiction of the English Courts.