Terms & ConditionsTERMS AND CONDITIONS OF USE OF www.BetMostPoker.com ("the Website") 1.
INTRODUCTION:
WHAT MAKES UP YOUR TERMS AND CONDITIONS
1.1
By using and/or visiting any section of the
Website; or by opening an account with the relevant group company of the
Operator (as determined by reference to paragraph 2 of the General Terms and Conditions) through the
Website, You agree to be bound by:
1.1.1
the General Terms and Conditions, on this
page; and 1.1.2
the Privacy
Policy,
and You accordingly agree to the use of
electronic communications in order to enter into contracts; and You waive any
applicable rights or requirements which require a signature by hand, to the
extent permitted by any applicable law.
1.2
In addition, where You play any game though
the Website, You agree to be bound by:
1.2.1
Any House Rules, Game Rules, and/or
Tournament Rules, Withdrawal Conditions, or any other similar rules and
conditions which are displayed on the Website;
1.2.2 The terms and conditions and/or rules with regard to promotions, bonuses and special offers, as are contained in the Promotions, Promotions Terms and Conditions section (or similarly titled section) of the Website. 1.2.3
the Licence To Use, in respect of any
software which You are required to access or utilise (if any) for the purpose
of Your use of the relevant Website, which can be found in Appendix 1 of these General Terms and Conditions;
and
1.2.4
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 Appendix 2 of
these General Terms and Conditions.
1.3
All of the various terms and conditions in paragraphs
1.1 and 1.2 above shall together be referred to as the Terms of Use.
1.4
Please read the Terms of Use carefully before
accepting them. Once You have accepted the Terms of Use, please print the Terms
of Use and store them, along with all confirmation emails, additional terms,
transaction data, game rules, fair deal rules and payment methods relevant to
Your use of the Website. Please note that the Terms of Use are subject to
change, as set out in paragraph below.
1.5
If You do not agree to accept and be bound by
the Terms of Use please do not open an account, and/or continue to use Your Account.
Your continued use of the Website will constitute acceptance of the Terms of
Use which we have notified You are in force from time to time.
1.6
The Terms of Use govern Your contract with
the relevant company in the Operatorӳ group as determined by reference to paragraph
2 below and will come into effect on 5th August 2009.
GENERAL
TERMS AND CONDITIONS
2.
PARTIES
2.1
The Terms of Use shall be agreed between You
and the following company in the Operatorӳ group:
2.1.1
with WHG
(International) Limited, a company registered in Gibraltar with registered company number 99191 and whose registered office is at 57/63 Line Wall Road, Gibraltar, if You are using the Website and You are based in,
or the address given for Your Account at the relevant time of such use is in,
anywhere other than in the United Kingdom; and/or 2.1.2
with WHG
Trading Limited, a company registered in Gibraltar with registered company number 101439 and whose registered office is at 57/63 Line Wall Road, Gibraltar, if You are using the Website and You are based in, and the
address given for Your Account at the relevant time of such use is in, the 2.2
WHG (International) Limited and/or WHG Trading
Limited are members of the same group of companies, and the relevant one of
them shall be referred to in these Terms of Use as the Operator
2.3
WHG (International) Limited and WHG Trading
Limited are licensed and regulated by the Gibraltar Regulatory Authority, 2.4
References in the Terms of Use to
"us", "our" or "we" are references to the
relevant company who You are contracting with, as specified above. 2.5
For the avoidance of doubt, each and all sections
of the Website are governed by the Terms of Use, and You should ensure at all
times that Your use of the Website is in accordance with the Terms of Use.
3.
CHANGES TO
THE TERMS OF USE
3.1
We may need to change the Terms of Use from
time to time for a number of reasons, including (without limitation) for commercial
reasons; and/or to comply with law or regulations; and/or to comply with
instructions, guidance or recommendations from a regulatory body; or for
customer service reasons. The most up-to-date Terms of Use can be accessed from
the Terms and Conditions link in the footer section of the Website, and the
date on which they will come into force is noted in paragraph 1.6 of the Terms of Use.
3.2
Where we wish to make substantial changes to
the Terms of Use, we will (where reasonably practicable) give You as much prior
notice of such changes as is reasonably practicable via one of the methods set
out in paragraph
3.3. For minor or insubstantial changes, we may
not give You any notice of any changes, so You are advised to review terms and
conditions which are available through the Terms and ConditionsҠlink on the Website.
3.3
Where we make changes to the Terms of Use
which we wish to notify You of, we will do so by:
3.3.1
by email (to the email address You have
previously supplied us with, if any); and/or 3.3.2
by a notice on the Website; and/or 3.3.3
by a notice in the Racing Post or another
newspaper; and/or 3.3.4
by a notice on a teletext page. 3.4
If any change is unacceptable to You, You may
either cease using the Website, and/or close Your Account by complying with
paragraph 12 of these General Terms and Conditions. Your continued
use of any part of the Website after the date on which the Terms of Use are
stated to come into effect will be deemed to be Your binding acceptance of the revised
Terms of Use, including (for the avoidance of doubt) any additions, removals,
substitutions or other changes to the identities of the Parties in paragraph 2.1 of these General Terms and Conditions, whether or not
You have had notice of, or have read, the revised Terms of Use. 3.5
We may also change the Terms of Use by notice
on the Website, accompanied by an invitation for You to accept the new Terms of
Use by clicking "Yes I Accept" or similar method of confirmation
by You. If You provide us with any such confirmation, from that time You are
deemed to have accepted, and be bound by, the new Terms of Use.
4.
OPENING
YOUR ACCOUNT 4.1
In order to play games via the Website, You will
need to open an account with the Operator
4.2
For various legal or commercial reasons, we
do not permit accounts to be opened by, or used from. from customers based in
certain jurisdictions, including The United States of America, Hong Kong,
Israel and Bulgaria. This list of jurisdictions may be changed by us from time
to time with or without notice. You agree that You shall not open an account,
nor attempt to use Your Account, if You are based in these jurisdictions. 4.3
In order to open Your Account for use with the
Website, You should follow the instructions on the Getting Started or similar links on the Website.
4.4
Your Account will either be operated by the
relevant company with whom You contract as identified by reference to paragraph
2.1, but in some cases may be operated by another company
in the same group of companies as the Operator for and on behalf of itself and the
relevant company with whom You have contracted.
4.5
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.
You may update Your Contact Details from time to time by contacting Customer
Services.
4.6
If You do not wish Your Contact Details to be
used by us and our business partners to contact You to inform You with
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. 4.7
You hereby acknowledge and accept that, by
using the Website, there is a risk that You may, as well as winning money, lose
money.
5.
VERIFICATION
OF YOUR IDENTITY; MONEY LAUNDERING REQUIREMENTS
5.1
You warrant that: 5.1.1
You are not younger than the greater of the
age : 5.1.1.1
of18 (eighteen) years; or 5.1.1.2 at which gambling or gaming activities are legal under the law or jurisdiction that applies to You; And 5.1.2
the name and address You supply when opening
Your Account are correct; and 5.1.3
You are the rightful owner of the money which
You at any time deposit in Your Account. By agreeing to the Terms of Use You authorise
us to undertake any such verification checks from time to time as we may
require ourselves or may be required by third parties (including, but not
limited to, regulatory bodies) to confirm these facts (the "Checks"). You agree that from time
to time, upon our request, You may be required to provide additional details in
respect of the any of such information You have provided us, of any deposits
which You have made into Your Account.
5.2
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 re-perform the Checks for regulatory, security or
other business reasons. If such any such restrictions cause You a problem,
please contact Customer Services.
5.3
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. If You do not or cannot provide us with such
information then we may suspend Your Account until such time as You have
provided us with such information, and/or permanently close Your Account. 5.4
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 or over within seventy two (72) hours of Your Account being
opened then we are required to suspend Your Account. 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: 5.4.1
Your Account will be closed; 5.4.2
all transactions made whilst You were
underage will be made void, and all related funds deposited by You will be
returned; 5.4.3
any stakes for bets at made while You were
underage will be returned to You; and 5.4.4
any winnings which You have accrued during such
time when You were underage will be forfeited by You and You will return to us
on demand any such funds which have been withdrawn from You Account. 6.
USERNAME,
PASSWORD, PIN and CUSTOMER INFORMATION
6.1
After opening Your Account, You must use take
all reasonable steps to avoid disclosing (whether deliberately or accidentally)
Your username, password and/or account number to anyone else. 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 give disclose Your
username, password or account number to anyone else.
6.2
If You have lost or forgotten Your Account
details please contact us immediately for a replacement through
Customer Services, details of which can be found in the Help section of the
Website.
7.
DEPOSITS
AND WITHDRAWALS FROM YOUR ACCOUNT 7.1
If You wish to participate in gaming using the
Website, You must deposit monies into Your Account. Such monies may then be
used by You to play games on the Website. Further details of how to deposit,
withdraw and transfer funds can be found help section of the Website (as appropriate
to Your Account). 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.
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 in the name of the
appropriate company and are not subject to special trust arrangements. As such,
we do not provide particular protection for the monies deposited in Your
Account in the event of our insolvency. 7.4
We may at any time set off any positive
balance on Your Account against any amount owed by You to any company within
the same group of companies as the Operator. 7.5
You are responsible for reporting Your
winnings and losses, if such reporting is required by Your local law or tax or
other authorities. 7.6
You can set a deposit limit on Your Account
in any one (1) day. This limit cannot be increased without giving us twenty
four (24) hours' notice of Your wish to increase Your deposit limit and only
when twenty four (24) 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. 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 above have been completed by us to our satisfaction. For
this purpose, we will further be entitled, at our sole discretion, to require
that You provide us with, and You agree to so do, a notarised ID or any
equivalent certified ID according to the applicable law of Your jurisdiction or
otherwise, proof of address, utility bills, bank details, bank statements and
bank references; and 7.7.3
You have complied withy any other relevant
withdrawal conditions in respect of, and can be found on, the relevant Website.
7.8
On any Withdrawal approved by us, and
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 7.8 (less charges
incurred or any required amount 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. 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. 7.10
When using the Website, there us a maximum
amount that can be withdrawn in one time of $9,000 (or the corresponding amount
in the currency of payment) per month, including relating to progressive
jackpots. For the avoidance of doubt, all withdrawals are subject to the
provisions of paragraph 5.2 regarding the carrying out by us of Checks. 8.
LEGAL USE
OF THE WEBSITE 8.1
Access to or use of the Website or any of the
products offered 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. We
make no 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 winning from Your Account. 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. 9.
GAMING ON THE
WEBSITE 9.1
It is Your responsibility to ensure that the details
of any transaction which You place using the Website is correct. We reserve the
right to refuse the whole or part of any transaction requested by You via the Website
at any time where You have breached the Terms of Use. If You do not receive a confirmation
that Your transaction has been accepted, it may not have been accepted successfully
by us. If You are in any doubt as to whether it has been accepted successfully,
You should contact Customer Services. Once such confirmation has been given by
us, You cannot cancel the transaction unless we agree otherwise. 10.
REMOTE
GAMING OR BETTING 10.1
Where You are betting or gaming via an electronic
form of communication You should be aware that: 10.1.1
In relation to Your use of the Website for
the placing of bets or playing of games: 10.1.1.1
You may be using a connection or equipment
which is slower than such equipment used by others and this may affect Your performance
in time critical events offered via the Website; 10.1.1.2
You may encounter system flaws, faults,
errors or service interruption which will be dealt with in accordance with
paragraph 17 (IT Failure); 10.1.1.3
the rules for each event or game offered via
the Website are available and should be considered by You prior to Your use of
the products 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 electronic players
(known as robots, and 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; and 10.1.2
In relation to Your use of the Website, if
You are betting on an "in running" event, You may not at any relevant
time be able to see or otherwise be provided with the most up to date
information in relation to the relevant event.
11.
COLLUSION,
CHEATING, FRAUD AND CRIMINAL ACTIVITY
11.1
If You are gaming on peer-to-peer events via
the Website (i.e. against third parties, for example, whilst playing Poker) You
cannot see who You are gaming against and they may be: colluding with other third parties; and/or
using unfair external factors or influences
(commonly known as cheating); and/or
undertaking fraudulent activities to Your disadvantage
and their advantage.
Such practices are not permitted and we will
take all reasonable steps to prevent them; detect them and the relevant players
concerned if they do occur; and deal with the relevant players appropriately. We
will not be liable for any loss or damage which You or any other player may
incur as a result of collusive, fraudulent or otherwise illegal activity, or
cheating, and any action we take in respect of the same will be at our sole
discretion. 11.2
If You suspect a person is colluding,
cheating or undertaking a fraudulent activity, You shall as soon as reasonably
practicable report it to us by e-mailing or telephoning Customer Services.
11.3
You agree that You shall not participate in
or be connected with any form of collusion, cheating or fraudulent practice, or
otherwise any other criminal activity, in connection with Your access to or use
of the Website. Any breach of this paragraph by You will be a material breach
of the Terms of Use.
11.4
If:
11.4.1
We believe or have reasonable grounds to
suspect that:
11.4.1.1
You have participated in or have been
connected with any form of collusion, cheating or fraudulent practice, or
otherwise any other criminal activity; or 11.4.1.2
a game in which You participated included the
use of collusive or fraudulent practice, or any cheating; or 11.4.2
we become aware that You have placed bets
and/or played online games with any other online provider of gambling services
and are suspected (as a result of such play) of collusion, cheating or fraud
(including in relation to charge-backs), or otherwise any criminal 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
You become bankrupt or suffered analogous
proceedings anywhere in the world,
then we shall have the right to suspend Your
Account for an indefinite period of time; and/or withhold the whole or part of balance
of Your Account; and/or close Your Account and terminate the Terms of Use;
and/or recover from Your Account the amount of any pay-outs, bonuses or
winnings which have been affected by the event(s) contemplated in paragraphs 11.4.1 to 11.4.4 (inclusive) above. 11.5
For the purposes of paragraph 11.4: 11.5.1
the basis of our belief or suspicion 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; 11.5.2
a fraudulent
practice shall include 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 debit or other payment card (or any other
electronic payment method) as a source of funds;
11.5.3
criminal
activity shall include money laundering.
11.6
Where we exercise our rights under paragraph 11.4 pursuant to the ground in paragraph 11.4.1, we undertake to thoroughly investigate the grounds
for our suspicion (which may be after we have initially suspended Your Account
or withheld the balance of Your Account, as the case may be) in accordance with
our usual practices and to our satisfaction, and that we shall complete such
investigations in a timely manner. We undertake that we will use all reasonable
endeavours to ensure that, while complying with our regulatory and other legal
obligations, we exercise our rights in this paragraph 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 unlawful,
fraudulent or improper activity, and You agree to cooperate fully with us to investigate
any such activity.
12.
CLOSURE OF
YOUR ACCOUNT; TERMINATION OF THE TERMS OF USE
CLOSURE AND TERMINATION BY YOU
12.1
You are entitled to close Your Account and
terminate the Terms of Use on not less than 4 working daysҠnotice to us at any
time, provided that Your Account does not show a balance is due to us, by contacting
us by any of the contact details in paragraph 6.2, in each case clearly: 12.1.1
indicating Your wish to close Your Account;
and 12.1.2
stating the reasons why You wish to close
Your Account, in particular if You are doing so because of concerns over the
level of Your use of the same. We will respond to Your request, confirming
closure of Your Account and the date on which such closure will be effective, within
a reasonable time, provided that You continue to assume responsibility for all
activity on Your Account until such closure has been affected by us. 12.2
The Terms of Use shall terminate with effect
from the date on which the closure of Your Account takes effect. When You
request closure of Your Account we will return any outstanding balance in Your
Account to You, using the same method of payment which You provided upon
registration of Your Account, or such other accepted updated payment methods
with which You have provided to us subsequently, except where we are
withholding such monies pursuant to paragraph 11 (Collusion, Cheating, Fraud and Criminal Activity) or
paragraph 20 (Breach of the Terms of Use) of these General Terms
and Conditions. 12.3
Where You have closed Your Account, we may in
certain circumstances be able to re-open Your Account with the same account
details as before if You request us to do so. In such circumstances, while Your
Account will have the same account details as before, it will be subject to the
Terms of Use which are in force at the date of any such re-opening; and any
prior entitlements (including, but without limitation, to bonuses or contingent
winnings) will no longer be valid. CLOSURE AND TERMINATION BY US
12.4
If Your Account remains inactive for a
continuous period of six (6) months or more, we may close or suspend Your
Account without notice. In the event of such account closure, the Terms of Use will
be terminated automatically from the date on which such termination takes
effect. 12.5
We are entitled to close Your Account and terminate
the Terms of Use on written notice (or attempted notice) to You using Your
Contact Details. In the event of any such termination by us, other than where such
closure and termination is made pursuant to paragraph 11 (Collusion, Cheating, Fraud and Criminal Activity) or
paragraph 20 (Breach of the Terms of Use) of these General Terms
and Conditions, as soon as reasonably possible following a request by You we
will refund the balance of Your Account using the same method of payment which You
provided upon registration of Your Account, or such other accepted updated
payment methods with which You have provided to us subsequently. 12.6
Where we close Your Account and terminate the
Terms of Use pursuant paragraphs 11 (Collusion, Cheating, Fraud and Criminal Activity) or
paragraph 20 (Breach of the Terms of Use) of these General Terms
and Conditions, the balance of Your Account will be non-refundable and deemed to
be forfeited by You. Closure of Your Account and Termination of the Terms of
Use, other than pursuant to paragraphs 11 or 20 of these General Terms and Conditions, will not
affect any outstanding bets, provided that such outstanding bets are valid and You
not in breach of the Terms of Use in any way. 12.7
The following paragraphs shall survive any
termination of the Terms of Use: 11, 19, 20, 21, 22, 23, 25, 26, 28, 29, 30, 31 and 32 and any other paragraphs which are required for the
purposes of interpretation; together with any relevant sections of the Betting
Rules and the Privacy Policy. 12.8
We will not credit any bonuses into Your
Account, nor will You be entitled to any contingent winnings, at any time while
we have suspended it, or after the date on which it has been closed (whether by
us pursuant to the Terms of Use, or in response to Your request). 13.
ACCESS TO,
AND USE OF, THE WEBSITE 13.1
You are solely responsible for the supply and
maintenance of all of the computer equipment and telecommunications networks
and internet access services that You need to use in order to access the Website.
We will not be liable in any way whatsoever for any losses caused to You by the
internet or any telecommunication service provider which You have engaged in
order to access the Website. 13.2
Under no circumstances should You use the Website
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 behave in such a manner towards any of
the Operatorӳ staff used to provide Customer Services, or any helpdesk or
support function which we make available to You. 13.3
You shall not corrupt the Website, flood the Website
with information so as to cause the Website to not function, nor use any
features which may affect the function of the Website in any way for example
(but not limited to) releasing or propogating viruses, worms, logic bombs or
similar. Any multiple submissions or "spam" are strictly prohibited.
You must not interfere or tamper with, remove or otherwise alter in any way,
any information in any form which is included on the Website. 13.4
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. 13.5
For various legal and commercial reasons, we
reserve the right to restrict access to the Website in respect of customers who
are based in certain jurisdictions. 13.6
You will fully indemnify, defend and hold us
and our officers, directors, employees, agents, contractors and suppliers
(including without limitation the Software Provider) harmless from and against
any and all losses, costs, expenses, claims, demands, liabilities and damages
(including legal fees), however caused, that may arise as a result of or in
connection with: 13.6.1
access and use of the Website by Yourself or
by anyone else using Your Username and Password; and/or 13.6.2
breach by You of any of the terms and
provisions of these Terms of Use. 14.
BETTING AND
GAMING TERMS Expressions used in the
betting and gaming industry are numerous. Where appropriate, a glossary
explaining the meaning of commonly-used betting and gaming expressions is
available through the help pages in the Website. Should You be in any doubt
as to the meaning of any expression, You should look up its meaning in the
glossary in the relevant help section relating to the event or game You are
betting or gaming on. If You are still in any doubt You should contact Customer
Services and should not place any bet or game on any event until its meaning is
understood to Your satisfaction. We cannot accept any responsibility if You place
a bet or game via the products offered via the Website 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 offered via the Website at
any time for the purpose of ensuring the ongoing provision of the Website and
may alter prices offered via the products offered via the Website where such
alterations do not affect games and/or bets already in progress. 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 products offered via it. 16.
SOFTWARE 16.1
It may be necessary to provide You with
software ("Software")
provided by third parties to enable You to use the products offered via the Website,
in particular our download Casino and download Poker products. 16.2
In such circumstances, You may be required to
enter into end user terms and conditions of use in respect of such Software with
such third party (a "Third Party
Software Agreement") in order to make use of such Software. In case of
any inconsistency between the Terms of Use and any Third Party Software
Agreement, the Terms of Use will prevail. Third Party Software Agreements which
You may be required to enter into are as follows: 16.2.1
Playtech Software Limited ֠for download
Casino and Poker products. 16.3
You shall not interfere with, modify or
reverse engineer any software provided to You by us and/or any Third Party or
attempt to do so, except as permitted by law.
17.
IT FAILURE
17.1
Where unexpected system flaws, faults or
errors occur in the software or hardware which we use to provide the Website we
will take immediate steps to remedy the problem. Where such flaws, faults or
errors 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. 17.2
We do not accept any liability whatsoever for
IT failures which are caused by the equipment which You or other players are
using to access the Website or faults which relate to Your or their internet
service provider. 18.
ERRORS OR
OMISSIONS 18.1
If an error is made by us (including our employees
and agents), our partners, or our suppliers as to the amount of
winnings/returns that are paid to You in Your favour, such monies shall be
deemed to be held by You on trust for us and should 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 without further recourse to You. 18.2
Should We mis-state any odds or terms of a
bet or gaming wager to You as a result of obvious error or omission in
inputting the information or setting up a market on the Website, or as a result
of a computer malfunction, the bet or game will be deemed to have taken place
on the correct terms or prices which were available through the Operator or any
company in its group (absent the publishing error) at the time that the bet was
struck and the game will be deemed to have taken place on the terms which were
usual for that bet or game. 18.3
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 You. You will forfeit any
winnings/losses that result from any such error.
19.
EXCLUSION
OF OUR LIABILITY
19.1
Your access to and use of the products offered
via the Website is at Your sole option, discretion and risk. We shall not be
liable for any attempts by You to use the Website by methods, means or ways not
intended by us. 19.2
We will provide the Website with reasonable
skill and care and substantially as described in the Terms of Use. We do not
make any other promises or warranties regarding the Website, or the products
offered via the Website, and hereby exclude (to the extent permitted by law)
all implied warranties in respect of the same. 19.3
Save as provided in our Betting Rules, our
maximum liability to You or any third party arising out of the Terms of Use or
Your use of the Website, whether for breach of contract, tort (including
negligence), or otherwise will be limited in any six (6) month period to the
greater of: (a) the amount if any, You have paid into Your Account in the same
six (6) month period and in relation to the product offered by us relevant to
which the liability in question has arisen; and (b) ten thousand pounds
sterling (ñ0,000). 19.4
We (including our parent and subsidiary
companies, affiliates, officers, directors, agents and employees) shall not be
liable to You in contract, tort (including negligence) or otherwise for any
business losses, including but not limited to loss of data, profits, revenue,
business, opportunity, goodwill, reputation or business interruption or for any
losses which are not currently foreseeable by us arising out of the Terms of
Use or Your use of the Website. 19.5
Nothing in the Terms of Use will operate so
as to exclude any liability which we may have in respect of fraud, or death or
personal injury caused by our negligence.
20.
BREACH OF
THE TERMS OF USE
20.1
You shall compensate us in full for any
claims, liabilities, costs, expenses (including legal fees) and any other charges
that may arise as a result of Your breach of the Terms of Use or any breach by
You or by any other person using Your Account (whether or not with Your
authority) of any laws of any jurisdiction which is applicable to You, the Website.
20.2
Where You are in material breach of the Terms
of Use, we reserve the right, but shall not be required, to: 20.2.1
Provide You with notice (using Your Contact
Details) that You are in breach; requiring You to stop the relevant act or
failure to act, and/or requiring You to put right an act or fault on Your part;
and warning You of our intended action if You do not do so; and/or 20.2.2
suspend Your Account so that You are unable
to place bets or play games on the Website for such period as we may determine;
and/or 20.2.3
close Your Account and terminate these Terms
of Use, with or without prior notice from us. 20.3
We have the right to disable any user
identification code or password, whether chosen by You or allocated by us, at
any time, if in our reasonable opinion You have failed to comply with any of
the provisions of the Terms of Use. 20.4
In addition to any other remedy available, if
You materially breach any of the Terms of Use Your winnings will be forfeited.
In these circumstances the Operator may retain any positive balance then
existing on Your Account.
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 contained
within the Website 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 contained on the Website may be downloaded or
printed then such material may be downloaded to a single personal computer only
and hard copy portions may be printed solely for Your own personal and
non-commercial use. 21.2
Under no circumstances shall the use of the Website
grant to any user any interest in any intellectual property rights (for example
copyright, know-how or trade marks) owned by us or by any third party
whatsoever. 21.3
No rights whatsoever are granted to use or
reproduce any trade marks or logos which appear on the Website except as
specifically permitted in accordance with the Terms of Use. 21.4
You must not, nor must You allow any other
person to copy, store, publish, rent, licence, sell, distribute, alter, add to,
delete, remove or tamper with the Website or any part of them in any way or
directly or indirectly disrupt or interfere (or attempt to disrupt or
interfere) with or alter the Website, other than in the course of viewing or
using the Website in accordance with the Terms of Use . 21.5
All intellectual property rights in the name
of the Website, the logos, designs, trade marks and other distinctive brand
features of the Operator and any content provided by the Operator for inclusion
on the Website vest in the Operator. 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 must not misuse the Website by knowingly
or negligently introducing viruses, trojans, worms, logic bombs or other
material which is malicious or technologically harmful. You must not attempt to
gain unauthorised access to the Website, the servers on which the Website are
stored or any server, computer or database connected to the Website. You must
not attack the Website via a denial-of-service attack or a distributed
denial-of service attack. By breaching provision, You would commit a criminal
offence under the Computer Misuse Act 1990. We will report any such breach to
the relevant law enforcement authorities and we will co-operate with those
authorities by disclosing Your identity to them. 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 computer equipment,
computer programs, data or other proprietary material due to Your use of the Website
or to Your downloading of any material posted on such Website, or on any
website linked to the Website.
23.
YOUR
PERSONAL INFORMATION
23.1
All information on Your Account held by us is
securely data warehoused and remains confidential except where otherwise stated
in the Terms of Use (including, for the avoidance of doubt, the Privacy
Policy). 23.2
We are required by law (in particular by the
Data Protection Act 1998 in the UK and, where relevant, 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 Website.
We therefore take very seriously our obligations in relation to the way in
which we use Your personal information. 23.3
When You use the Website it will be necessary
for us to collect certain information about You, including Your name and date
of birth, Your Contact Details, and may also include information about Your
marketing preferences (all of which shall be known as Ӽb style='mso-bidi-font-weight:
normal'>Your Personal Informationԩ. 23.4
By providing us with Your Personal
Information, You consent to our processing Your Personal Information, including
any of the same which is particularly sensitive: 23.4.1
for the purposes set out in the Terms of Use
(including the Privacy Policy); and 23.4.2
for other purposes where we need to process Your
Personal Information for the purposes of operating the Website, 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 personal data in order to comply with a legal or
regulatory obligation. 23.5
We will 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 ҃OOKIESҍ
ON THE WEBSITE 24.1
The Website use ңookiesҠto track Your use
of the web and to assist the functionality of the Website. A cookie is a small
file of text which is downloaded onto Your computer when You access the Website
and it allows us to recognise when You come back to the Website. We use cookies
for the operation of the Website, including (for example) to allow You to
remain logged in as You browse between, and use Your Account to bet on or play
games on, different parts of the Website. We also use cookies for our own
analytical purposes so that we can identify where customers have encountered
technical problems on the Website, and therefore help us improve our customersҍ
experience. 24.2
If You object to cookies or want to delete
any cookies that are already stored on Your computer, we recommend that You
follow the instructions for deleting existing cookies and disabling future
cookies on Your file management software. Further information on deleting or
controlling cookies is available within our Privacy Policy
or at www.aboutcookies.org
. Please note that by deleting our cookies or disabling future cookies You may
not be able to access certain areas or features of the Website.
25.
COMPLAINTS
AND NOTICES
25.1
No claim or dispute with regard to the
acceptance or settlement of a bet which You have made via the Website will be
considered more than 30 days after the date of the original transaction. No
claim or dispute in respect of a game which You have played via the Website
will be considered more than 12 (twelve) weeks after the date on which the
relevant transaction or game play took place. 25.2
If You wish to make a complaint regarding the
Website, You should, as a first step, as soon as reasonably practicable contact
us raise Your Complaint with Customer Services. 25.3
If there is a dispute arising from these
Terms of Use which cannot be resolved by Customer Services, it should be
referred, prior to taking any other steps, for adjudication by the Independent
Betting Adjudication Service (IBAS), telephone number +44 207 347 5883. IBASӳ
decision will be final so long as the full facts are presented by all parties
concerned. We are able to provide You with IBASӳ postal address on request. 25.4
In the event of any dispute, both You and the
Operator agree that the records of the server shall act as the final authority
in determining the outcome of any claim. 25.5
You acknowledge that our 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 Your screen and the
game server, 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. 25.6
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 e-mail is sent or after we have
communicated with You directly by telephone (including where we leave You a
voicemail), or three (3) 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 and; and 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 e-mail was sent.
26.
INTERPRETATION
26.1
The original text of the Terms of Use are in
English and any interpretation of them will be based on the original English
text. If the Terms of Use or any documents or notices related to them are
translated into any other language, the original English version will prevail. 26.2
In the event that there is any conflict or
inconsistency between the terms and conditions which make up Your contract with
the Operator as identified in paragraphs 1.1 and, the order of precedence shall be as follows: 26.2.1
First, the General Terms and Conditions; 26.2.2
Second, the Privacy Policy; 26.2.3
Third, any terms and conditions relevant to
promotions, bonuses or special offers, as referred to in paragraph 1.2.2; 26.2.4
Fourth, any rules which apply to the game, as
referred to in paragraph 1.2.1; and 26.2.5
Fifth, the end user terms and conditions of
use referred to in paragraph 1.2.4. 27.
TRANSFER OF
RIGHTS AND OBLIGATIONS We reserve
the right to transfer, assign, sublicense or pledge the Terms of Use, in whole
or in part, to any person (but without Your consent) without notice, provided
that any such assignment will be on the same terms or terms that are no less
advantageous to You. You may not assign, sublicense or otherwise transfer in
any manner whatsoever any of Your rights or obligations under the Terms of Use.
28.
EVENTS
OUTSIDE OUR CONTROL
28.1
We will not be liable or responsible for any
failure to perform, or delay in performance of, any of our obligations under a the
Terms of Use that is caused by events outside our reasonable control.
28.2
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.
29.
WAIVER
29.1
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. 29.2
A waiver by us of any default shall not
constitute a waiver of any subsequent default. 29.3
No waiver by us of any of the provisions of
the Terms of Use shall be effective unless it is expressly stated to be a
waiver and is communicated to You in writing in accordance with paragraph 25 (Complaints and Notices) above.
30.
SEVERABILITY
30.1
If any of the Terms of Use are determined by
any competent authority to be invalid, unlawful or unenforceable to any extent,
such term, condition or provision will to that extent be severed from the
remaining terms, conditions and provisions which will continue to be valid to
the fullest extent permitted by law. 30.2
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.
31.
ENTIRE
AGREEMENT
31.1
The Terms of Use and any document expressly
referred to in them represent the entire agreement between You and us and
supersede any prior agreement, understanding or arrangement between You and us,
whether oral or in writing. 31.2
We each acknowledge that neither of us has
relied on any representation, undertaking or promise given by the other or be
implied from anything said or written in negotiations between us except as
expressly stated in the Terms of Use. 31.3
Neither party shall have any remedy in
respect of any untrue statement made by the other, whether orally or in
writing, prior to the date of the contract (unless such untrue statement was
made fraudulently) and the other party's only remedy shall be for breach of
contract as provided in the Terms of Use.
32.
LAW AND
JURISDICTION
32.1
These Terms of Use shall be governed by and
interpreted in accordance with the laws of Gibraltar. 32.2
The courts of England and Wales shall have
non-exclusive jurisdiction over any disputes arising out of the Terms of Use. 33.
RESPONSIBLE
GAMING/GAMBLING 33.1
For those customers who wish to restrict
their gambling, we provide a voluntary self exclusion policy, which enables You
to close Your Account or restrict Your ability to place bets or game on the Website
for a minimum period of six months. You can ask that the restriction lasts for
a period of up to 5 (five) years. 33.2
If You require any information relating to
this facility please speak to Customer Services. 33.3
We will use our reasonable endeavours to
ensure compliance with self exclusion. However 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. For
example including but not limited to You opening a new account, gambling in an
LBO or over the telephone rather than over the internet or using a different
name or address. 33.4
The National Association for Gambling Care
Educational Resources and Training (GAMCARE)
provides information, advice and counselling to individuals, their family and
friends who have concerns about problem gambling. The Helpline number for
GAMCARE when calling from the UK is 0845 600 0133; this number may not be
available from outside the UK.
33.5
The Operator is committed to supporting Responsible Gambling
initiatives.
LICENCE TO USE
SOFTWARE This Licence applies to the software
(if any) licensed to us that is required to be downloaded, accessed or
otherwise utilized by You from the Website for the purpose of enabling You to
participate in the a relevant online game, including any program or data file
derived therefrom and any related documentation, and including any
enhancements, modifications, additions, translations or updates to the Software.
We hereby grant You a personal,
non-exclusive, non-transferable right to use the Software, solely for playing
in the relevant online product , in accordance with the following provisions. 1.
This license applies only to the Object Code
of the Software (i.e., the compiled, assembled, or machine executable version
of the Software) and does not grant You any rights whatsoever with respect to
the source code of the Software. 2.
This license does not apply to certain
territories which are identified in the following paragraph, of which YOU
SHOULD NOT BE A RESIDENT AND FROM WHICH YOU ARE NOT ALLOWED TO ACCESS OR USE
THE ONLINE CASINO AND/OR THE WEBSITE AND/OR THE SOFTWARE, OR TO MAKE ANY
DEPOSIT OR RECEIVE ANY WITHDRAWAL. 3.
You are not permitted to and will not permit
or assist others to: 3.1
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, application service provider services, internet services
provider services, timesharing arrangements, outsourcing services or bureau
services; 3.2
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; 3.3
translate, reverse engineer, decompile,
disassemble, adapt, modify, create derivative works based on, or otherwise
modify the Software; 3.4
copy or translate any user documentation
provided 'online' or in electronic format; 3.5
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. 3.6
You do not own the Software. The Software is
owned and is the exclusive property of the licensor, a third party software
provider company (the "Software Provider"). The Software and
accompanying documentation which have been licensed to us are proprietary
products of the Software Provider and 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 this Agreement. This Agreement
applies only to the grant of a license to use the Software. 3.7
Any trade marks, service marks and/or trade
names used by us on the Website from time to time (the "Trade Marks")
are the trade marks, service marks and/or trade names of ours or our affiliates
or licensors, and we and/or such entities, as applicable, reserve all rights to
the Trade Marks. In addition, other content on the Website, including, but not
limited to, the Software, images, pictures, graphics, photographs, animations,
videos, music, audio and text (the "Site Content") belongs to us or
our affiliates or licensors and is protected by copyright and/or other
intellectual property rights. You hereby acknowledge that by accessing and
using the Internet Game and the Website You obtain no rights in or to the Trade
Marks or the Site Content and must not use them without our prior written
consent. 3.8
THE SOFTWARE IS PROVIDED "AS IS"
WITHOUT ANY WARRANTIES, CONDITIONS, UNDERTAKINGS OR REPRESENTATIONS, EXPRESS OR
IMPLIED, STATUTORY OR OTHERWISE. WE AND THE SOFTWARE PROVIDER, AND ALL OF OUR
AND THEIR AFFILIATES AND RELATED PARTIES, HEREBY EXCLUDE ALL IMPLIED TERMS,
CONDITIONS AND WARRANTIES (INCLUDING ANY WARRANTY OF MERCHANTABILITY,
SATISFACTORY QUALITY AND FITNESS FOR ANY PARTICULAR PURPOSE), AND DO NOT
WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS. 3.9
NEITHER WE NOR THE SOFTWARE PROVIDER, NOR ANY
OF OUR OR THEIR AFFILIATES AND RELATED PARTIES, WARRANT OR GUARANTEE (1) THAT
THE SOFTWARE WILL BE NON-INFRINGING, (2) THAT THE OPERATION OF THE SOFTWARE
WILL BE ERROR FREE OR UNINTERRUPTED, (3) THAT ANY DEFECTS IN THE SOFTWARE WILL
BE CORRECTED, (4) THAT THE SOFTWARE OR THE SERVERS ARE FREE OF VIRUSES AND
BUGS, OR (5) THE PRIVACY, SECURITY, AUTHENTICITY AND NON-CORRUPTION OF ANY
INFORMATION TRANSMITTED THROUGH, OR STORED IN ANY SYSTEM CONNECTED TO, THE
INTERNET. 3.10
NEITHER WE NOR THE SOFTWARE PROVIDER, OR ANY
OF OUR OR THEIR AFFILIATES AND RELATED PARTIES, WILL BE LIABLE TO YOU OR TO ANY
THIRD PARTY FOR ANY COSTS, EXPENSES, LOSSES OR CLAIMS ARISING OR RESULTING FROM
COMMUNICATIONS OR SYSTEM ERRORS OCCURING IN CONNECTION WITH THE SETTELMENT OF
ACCOUNTS OR OTHER FEATURES OR COMPONENTS OF THE SOFTWARE. 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. 3.11
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 the terms of this Agreement.
END USER LICENSE AGREEMENT THIS WEBSITE IS OPERATING THE GAMING SOFTWARE PLATFORM (THE “SOFTWARE”) OF PLAYTECH SOFTWARE LIMITED (THE “VENDOR”) UNDER A LICENSE FROM VENDOR. A CONDITION TO YOUR DOWNLOADING OR OTHREWISE USING THIS SOFTWARE IS THAT YOU ENTER INTO THE FOLLOWING LEGALLY BINDING SUB-LICENSE AGREEMENT WITH US, WHICH GOVERNS YOUR USE OF THE SOFTWARE. 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. 1. DEFINITIONS The following words and terms, when used in this Agreement, shall have the following meanings, unless the context clearly indicates otherwise: 1.1 “Online Casino” means Our Internet gaming system on the Website, and related services and gaming activities (including, but not limited to, Online Casino, online bingo, online poker and any other games) offered on the Website. 1.2 “Software” means the Software required to be downloaded, accessed or otherwise utilized by You, the user, from the Website for the purpose of participating in the Online Casino, including the related documentation and including any enhancements, modifications, additions, translations or updates to such Software. 1.3 “You”, “Your” and similar terms mean the user of the Software downloaded from the Website. 1.4 “Us”, “We”, “Our” and similar terms mean [BetMost Poker]. 1.5 “Website” means www.BetMostPoker.com, and any related sites on which the Online Casino is operated and are accessible via links or any other way. “IP Rights” means any and all intellectual property rights, of all types or nature whatsoever, including, without limitation, patent, copyright, design rights, trade marks, data base rights, applications for any of the above, moral rights, know-how, trade secrets, domain names, URL, trade names or any other intellectual or industrial property rights (and any licenses in connection with any of the same), whether or not registered or capable of registration, and whether subsisting in any specific country or countries or any other part of the world. LICENSE TO USE THE SOFTWARE; RESTRICTIONS We hereby grant to You a limited, personal, non-transferable, non-exclusive, worldwide (except as noted below) license to download, access and otherwise utilize the Software on Your computer, for the sole purpose of participating in the Online Casino. This license applies only to the object code of the Software (i.e., the compiled, assembled, or machine executable version of the Software) and does not grant You any rights whatsoever with respect to the source code of the Software. In addition, this license does not apply to certain territories, identified by Us from time to time; currently, this license does not apply to the United States, Israel, Antigua and Barbuda, Netherlands Antilles, Estonia and Cyprus, and IT IS YOUR DUTY TO CONSULT AND CHECK REGULARLY OUR WEBSITE REGARDING THE LIST OF THE EXCLUDED TERRITORIES. We reserve any and all rights not expressly granted in Section 2.1 above. In addition, You are not permitted to, and You agree not to permit or assist others to: 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; decode, reverse engineer, disassemble, decompile or otherwise translate or convert the Software or any part of it; transfer, loan, lease, assign, rent, or otherwise sublicense the Software; remove any copyright, proprietary or similar notices from the Software (or any copies of it); operate the Software or any part of it for the benefit of or on behalf of any third party, including by way of “bulletin board”, online service or remote dial-in, application service providers, internet service providers, timesharing arrangements, outsourcing services or bureau services; or copy or translate any user documentation provided online or in electronic format. 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 vendor, even if developed based on ideas, suggestions or proposals by You or any other third party. You irrevocably assign to the vendor all right, title, and interest You may have or may acquire in and to all such rights, including, without limitation, patent, copyright, trademark, trade secret or know how, and You agree to sign and deliver to the vendor such documents as vendor considers desirable as evidence or to effect the assignment of all the aforesaid rights to the vendor. You agree not to, directly or indirectly, attempt to invalidate for any reason whatsoever, or assert, or assist the assertion by others, that the rights, title or interest in the Software belong to any third party other than the vendor, or that they infringe the IP Rights of others. YOUR DUTY TO EXAMINE LEGALITY OF USE You confirm that You are older than 18 years, and in any event of legal age as determined by the laws of the country where You live. You also confirm that You are aware of the legal issues relating to the operation of online gambling sites, and that You understand that We and the vendor are not warranting in any way or manner that the use of the Software for the purposes of gambling, as such term is commonly understood in the industry, is legal in any jurisdiction. Given the changes in the legal requirements in various jurisdictions, You undertake to examine the legality of Your participation on the Online Casino and use of the Software in each jurisdiction that is applicable to You and to do the same only in compliance with all applicable laws and orders of any competent authority. DISCLAIMER OF WARRANTIES THE SOFTWARE IS MADE AVAILABLE TO YOU HEREUNDER ON AN “AS IS” BASIS, WITHOUT ANY UNDERTAKINGS, WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. WE AND THE VENDOR, AND ALL OF THEIR AFFILIATES AND RELATED PARTIES, HEREBY EXCLUDE AND DISCLAIM ANY AND ALL IMPLIED TERMS, CONDITIONS AND WARRANTIES (INCLUDING ANY WARRNATY OF MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR ANY PARTICULAR PURPOSE), AND, WITHOUT LIMITING THE GENERALITY OF THE AFORESAID, WE DO NOT WARRANT, AMONG OTHER THINGS, THAT (A) THE SOFTWARE WILL BE NON-INFRINGING, OR THAT (B) THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE IS VIRUS-FREE; OR THAT (C) THE SOFTWARE IS OF SATISFACTORY QUALITY OR FIT FOR ANY PARTICULAR PURPOSE; OR THAT (D) USE BY YOU OF THE SOFTWARE WITH ANY OTHER SOFTWARE, or with inappropriate hardware, WILL NOT CAUSE ANY DISTURBANCE TO THE SOFTWARE OR TO SUCH OTHER SOFTWARE. IN THE EVENT OF COMMUNICATION OR SYSTEM ERRORS OCCURING IN CONNECTION WITH THE SOFTWARE, NEITHER WE NOR THE VENDOR NOR THEIR AFFILIATES AND RELATED PARTIES WILL BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY COSTS, EXPENSES, LOSSES OR CLAIMS ARISING OR RESULTING FROM SUCH ERRORS. NEITHER WE NOR OUR AFFILIATES AND RELATED PARTIES WILL BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR PAYMENTS MADE TO YOU AS A RESULT OF A DEFECT OR ERROR IN THE SOFTWARE, OR IN CONNECTION WITH ANY CLAIM OR DEMAND MADE BY THE VENDOR OR ANY THIRD PARTY FOR THE RETURN OF SUCH PAYMENTS OR OTHERWISE IN CONNECTION WITH SUCH PAYMENTS. CONFIDENTIALITY The Software includes non-public and confidential information, which is secret and valuable to Us or the vendor. You agree, as long as You use the Software and thereafter, to (a) keep all such confidential information strictly confidential; (b) not to disclose such confidential information to a third party, and not to use such confidential information for any purpose other than participating in the Online Casino. You further agree to take all reasonable steps at all times to protect and keep confidential such confidential information. YOUR WARRANTIES AND REPRESENTATIONS You warrant and represent to Us that: You are not a resident of any of the excluded territories listed in Section 2.3 above; and You have examined the legality of Your participation in the Online Casino and use of the Software in each jurisdiction that is applicable to You, and have found the same to be legal in such jurisdictions under all applicable laws and orders of any competent authority. CHANGES TO THIS AGREEMENT We may make changes to this agreement at any time, at Our sole discretion. Such changes will take effect from the date specified by Us on the Website, whether or not We have notified You specifically of such changes. It is important, therefore, that You log in to the Website from time to time to check to see whether there is a notification of change. You agree to be solely responsible for becoming informed of such changes. If You continue to use the Website or the Online Casino after the effective date of certain changes (regardless of the way We have notified such changes), You agree to be bound by those changes whether or not You have had actual notice of, or have read, the relevant changes. If You do not agree to be bound by relevant changes, You should not continue to use the Website or the Online Casino any further. TERM AND TERMINATION This agreement is effective, and binding upon You, from the moment of Your acceptance by clicking on the “I agree” button, and shall remain in force unless terminated in accordance with the provisions hereof. You may terminate this agreement with immediate effect at any time, subject to the terms of clause 8.4. Termination by You shall be effected by sending Us written notice of the termination of Your participation in the Website and the Online Casino and closure of Your account with Us. We may terminate this agreement with immediate effect at any time, by written notice to You. Upon any termination of this agreement, whether by Us or by You, You agree and acknowledge that (i) Your rights to use the Software shall immediately terminate, and (ii) You will cease any and all use of the Software, and (iii) You will remove the Software from Your computer, hard drives, networks and other storage material. NO CLAIMS AGAINST VENDOR; LIMITATION OF LIABILITY You understand and agree that We will be solely responsible to You under this agreement, and while Your commitments under this agreement are also for the benefit of the vendor, its affiliates and related parties (and can therefore be enforced by them too), the vendor, its affiliates and related parties are not parties to this agreement and will not be liable for any damages of any kind whatsoever caused to You or any third party, regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise. You are free to choose whether to download and use the Software. If You do so, You acknowledge that You do it with the full understanding of this agreement, including the provisions of this Section 9, and at Your own risk. IN NO EVENT SHALL WE (and for the avoidance of doubt, also Vendor) OR ANY OF THEIR AFFILIATES AND RELATED PARTIES, IN AGGREGATE: 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 BE LIABLE TO YOU WITH RESPECT TO ANY AND ALL CLAIMS AT ANY AND ALL TIMES ARISING FROM OR RELATING TO THIS AGREEMENT, HOWSOEVER ARISING UNDER CONTRACT OR ANY THEORY OF LAW, FOR DAMAGES EXCEEDING THE LOWER OF (A) THE AMOUNT DEPOSITED BY YOU WITH US AND USED BY YOU FOR GAMING PURPOSES, OR (B) 1,000 EURO (ONE THOUSAND EURO). GENERAL PROVISIONS Governing Law. The construction, validity and performance of this agreement will be governed by the laws of England. Competent Courts. Any legal proceedings arising out of or relating to this agreement will be subject to the jurisdiction of the courts of London, England. However, this shall not prevent Us from bringing any action in the court of any other jurisdiction for injunctive or similar relief. Severability. The illegality, invalidity or enforceability of any part of this agreement will not affect the legality, validity or enforceability of the remainder. Language. The English language version of this agreement will prevail over any other language version issued by Us. No assignment by You. You are not allowed to assign this agreement or any rights or obligation hereunder to any other party. Priority. This agreement shall prevail in the event of any conflict between the terms and conditions herein and any other agreement or document referred to herein or used in connection with the Software. Notices. You agree to receive communications from Us in an electronic form. Electronic communications may be posted on the pages within the Website or the messages/help files of Your client application, or delivered to Your e-mail address. All communications in either electronic or paper format will be considered to be in "writing" and to have been received no later than five business days after posting or dissemination, whether or not You have received or retrieved such communication. We reserve the right, but assume no obligation, to provide communications in paper format. Any notices required to be given in writing to Us or any questions concerning this agreement should be addressed to support@betmostpoker.com.
IF YOU AGREE TO BE BOUND BY ALL OF THE ABOVE TERMS AND CONDITIONS, PLEASE INDICATE YOUR AGREEMENT BY CLICKING THE “I AGREE” BUTTON BELOW. |