Terms of Use

THE TERMS AND CONDITIONS OF THIS AGREEMENT ARE EFFECTIVE FROM SEPTEMBER 2014.

1. INTRODUCTION


Always Vegas is a company incorporated and registered for the purpose of operating an online casino. The Company may from time to time offer the Services via third parties to whom it has licensed the Software (“the Licensees”).
By using and or visiting any section (including sub-domains) of this website (“the Website”) or registering on the Website or using the Company’s software which is available in both download and no-download forms (“the Software”) you agree to be bound by:
(a) these terms and conditions; and
(b) the Company’s privacy policy contained herein (“the Privacy Policy”); and
(c) all Additional Rules which shall apply from time to time to the type of Services which you are using (“the Agreement”) and you are deemed to have accepted the Agreement in its entirety and without reservation.
1.2 The Software, including the games contained therein, allows you to use our gambling services available via the Website (“the Services”). In order to access the Services you are required to apply for a user account from the Company, which is a profile account containing your personal details and a client account where deposit funds or winnings are allocated (“the User Account”). The Company will at its sole discretion decide whether to accept your application for a User Account. The Company is absolutely under no obligation to accept an application for a User Account. Upon acceptance by the Company, you will be considered a user of the Company’s Services (“the User”).

2. ACCEPTANCE


If you do not accept any of the terms of this Agreement you should immediately cease using the Website and Software and remove the Software from your computer or wherever the Software is stored. From time to time, we may at our sole discretion amend, modify, update and change any of the terms and conditions of this Agreement. The new Agreement will be effective from the date it is posted on the Website, so we advise you to check for updates on a regular basis. It is your sole responsibility to ensure that you are aware of the correct, current terms and conditions of this Agreement. Continued use of the Website or Services after the Company has updated the changes to the Agreement, indicates your consent to be bound by those changes whether or not you have had actual notice of, or have read, the relevant changes. If you object to any such changes, you must immediately stop using the Services and the Website and the termination provisions below will apply.

3. YOUR OBLIGATIONS


You represent, warrant, covenant and agree that: 3.1 Legal Capacity. You have legal and mental capacity to take responsibility for your actions. In particular, you are not under the age of 18 or the age of legal consent for engaging in the activities included in the Services under the laws of any jurisdiction, whichever is the greater number (“Legal Age”). Should Users not of Legal Age download the Software or use the Services, they will be in breach of this Agreement and all games played by such Users will be deemed null and void and all winnings generated by such Users will NOT be paid.

3.2 Legality. Your use of the Software and or Services does not breach or infringe any applicable statutes, laws or regulations that applies to you in your jurisdiction. Different jurisdictions carry varying rules pertaining to internet gambling. This Website is for use only by persons residing in jurisdictions where the Services may legally be offered. Please therefore verify the relevant laws in your jurisdiction before applying for a User Account. You accept that the Company makes no representations regarding the legality of the Services in your jurisdiction and the Company is unable to advise you in this respect. You declare that you will not use the Services for any illegal or fraudulent activity as prohibited under the laws of any jurisdiction that is applicable to you. In particular you declare that the funds used by you on the Website are no way derived from illegal activity. You also accept not to use the Services as a money transfer system.

3.3 Variation. You accept that the Company has the right to amend the list of countries from which it will not accept users of the Service from time to time in its sole discretion. Services and products described on this Website may therefore not be eligible for solicitation in your jurisdiction. If you are accessing this Website from such jurisdiction, you should not consider anything on this Website as an offer to sell or as a solicitation of an offer to buy any product or service from the Company. You agree that the Company shall have the right to change, modify or delete games provided on the Website or via the Services at any time, without prior notice.

3.4 User Account. You will only apply to register one User Account with us. We will close your accounts if it is found that you have multiple User Accounts registered with us. This includes the use of representatives and or third parties operating on your behalf. You accept that the Company reserves the right to refuse an application for a User Account and or to suspend and or terminate a User Account without cause and at the Company’s sole discretion. You accept that the Website and Services may not be used for any commercial use or on behalf of another person. You shall only use the Website for private purposes only.

3.5 Accurate Information. When applying for a User Account, you warrant that the information you provide to us is authentic and accurate. The Company reserves the right to suspend a User Account and all related cash-ins, should it suspect that the information provided by you is false, misleading or otherwise incomplete. The suspension of a User Account will continue until the Company, in its sole discretion, is satisfied that the User’s information has been authenticated. Should the Company determine that the information that you have provided to be untrue, inaccurate, misleading or incomplete, you will be in breach of contract and we reserve the right to terminate your User Account with immediate effect and prevent you from using the Software or the Services, in addition to any other action we may be entitled to take.

3.6 Privacy Policy. You accept that your personal information will be used in conformity with the terms of the Privacy Policy which you accept in full. In particular you consent to your information being sent to third parties including third party credit agencies in order to ensure your credit worthiness, to confirm your identity and verify any information you have provided.

3.7 Sending Money. When you send money to us you are authorised to do so. In other words, you are the authorised user of the debit card or credit card or charge card you use. Notwithstanding, should you use a credit and or debit card or other form of payment including charge card, which is not in your name, you warrant that you have complete and sufficient consent from the person whose name appears on the card or other payment instrument. We are under no obligation to ascertain whether you have such consent and bear no responsibility with respect to your representations. You will duly inform us of changes of any of the details which you have previously provided to us, such as a change of address or if your card details have changed. You will cooperate with us by providing to us all documents requested from time to time to verify the details on the credit or debit card used by you to deposit monies to your User Account.

3.8 Third Party Use. Your User Account is exclusively for your personal use and benefit. You will not allow any other person or third party to use your User Account to access or use the Services or the Software. You will bear ultimate responsibility for activities undertaken on your account by a third party. You will without delay inform us if you consider that your account is being used by a third party, or is subject to a hacking attempt, or that your computer has suffered a security breach, so we can investigate this matter. Should we decide to investigate this matter you will cooperate with the conduct of this investigation.

3.9 Account Details. You will under no circumstances cause by your actions or inaction your account username and password to be revealed to other persons. This information must be protected by you at all times. You are responsible therefore of the security of those details on your computer or from your Internet access point. It is understood that having any third party involved in a player’s online casino account is a violation of this Agreement. The User assumes full responsibility for all transactions conducted in relation to his User Account and agrees not to hold the Company liable for any losses or damages resulting from the User’s failure to keep his account number and password confidential. Under no circumstances shall the Company be liable for any losses incurred by you as a result of misuse of your password by any person or for any unauthorised access to your account and all transactions conducted by a User Account will be regarding as valid, whether or not authorised by you. Under no circumstances shall the Company be liable for any unauthorised use of credit cards, irrespective of whether or not the credit cards were reported stolen. We shall be entitled to inform any relevant authorities or entities (including credit reference agencies) of any payment fraud or otherwise unlawful activity, and may employ collection services to recover payments. In the case of suspected or fraudulent payment, including use of stolen credit cards, or any other fraudulent activity, we reserve the right to block a User's Account, reverse any pay-out made and recover any winnings.

3.10 Acceptance of Rules and Risks. Your use of our Website, the Services and the Software is in complete accordance with this Agreement and any of the Additional Rules, all of which as amended from time to time. You fully understand the methods, rules and procedures of the Services and Internet gambling in general. You understand that it is your responsibility to ensure the details of bets and games are correct. You shall ensure that you follow the specific rules and instructions for each of the games comprising the Services. By playing any game on the Website, the User warrants that he or she is familiar with the rules of such game and acknowledges that the rules of each game are available through using the "help" facility on the Website. You recognise that there is a risk that by gambling on the Internet and using the Services you may lose money and you accept full responsibility for any loss you incur and that you have no claim for any loss whatsoever against the Company, its subsidiaries or any of its Licensees.

3.11 Good Faith. You shall use the Services and the Software only in good faith towards both the Company and other Users of the Services and you will not act or conduct yourself in a manner that may put the reputation of the Company into disrepute. In the event that the Company deems that you have been using the Services or the Software in bad faith the Company shall have the right to terminate your User Account with the Services and any other accounts you may hold with the Company and the Company shall be entitled to retain all monies therein. You hereby expressly waive any future claims against the Company in such regard.

3.12 Tax Reporting. You are solely responsible for your personal tax liability and for reporting all your winnings and losses to the tax and or other relevant authority in your jurisdiction.

3.13 IT and Internet Access. You are responsible for obtaining sufficient Internet access including where necessary consents and permissions, for you to use the Software and the Services. You are responsible for ensuring that your computer is free from viruses or malware.

4. RESTRICTED USE



4.1 We would like you to enjoy the Services. However, for your protection and that of all Users, the posting of any content on the Service, as well as conduct in connection with the Services, which is in any way unlawful, inappropriate or undesirable is strictly prohibited - it is “Prohibited Behaviour”. If you engage in Prohibited Behaviour, or we determine in our sole discretion that you are engaging in Prohibited Behaviour, your User Account and/or your access to or use of the Services may be terminated immediately without notice to you.

4.2 Legal action may be taken against you by another member, other third party, enforcement authorities and/or us with respect to your having engaged in Prohibited Behaviour.

4.3 Prohibited Behaviour includes, but is not limited to, accessing or using the Service to:

(a) promote or share information that you know is false, misleading or unlawful;

(b) conduct any unlawful or illegal activity, such as, but not limited to, any activity that furthers or promotes any criminal activity or enterprise, provides instructional information about making or buying weapons, violates another member's or any other third party’s privacy or other rights or that creates or spreads computer viruses; (c) harm minors in any way; (d) transmit or make available any content that is unlawful, harmful, threatening, abusive, tortuous, defamatory, vulgar, obscene, lewd, violent, hateful, or racially or ethnically or otherwise objectionable;
(e) transmit or make available any content that harasses, or that advocates the harassment of, another member or other third party;
(f) transmit or make available any content that exploits another member or any other third party in a sexual or violent manner;
(g) transmit or make available any content that contains nudity, violence, or offensive subject matter or contains a link to an adult website;
(h) solicit personal information from another user or any other third party;
(i) provide any telephone numbers, street addresses, last names, URLs or e-mail addresses;
(j) transmit or make available any content that contains any restricted or password only access pages or hidden pages or images;
(k) solicit passwords or personal identifying information for commercial or unlawful purposes from another user or any other third party;
(l) make, solicit or promote any sales or commercial activity, such as, but not limited to, contests, sweepstakes, barter or advertising without our express prior written endorsement or authorization;
(m) transmit or make available any content that contains includes a photograph of another user or any other third party without that person’s consent;
(n) transmit or make available any content that the user does not have a right to make available under any law or contractual or fiduciary relationship, including without limitation, any content that infringes a third party’s copyright, trademark or other intellectual property and proprietary rights;
(o) transmit or make available any content or material that contains any software virus or other computer or programming code (including HTML) designed to interrupt, destroy or alter the functionality of the Services, its presentation or any other website, computer software or hardware;
(p) interfere with, disrupt or reverse engineer the Services in any manner, including, without limitation, intercepting, emulating or redirecting the communication protocols used by us, creating or using cheats, mods or hacks or any other software designed to modify the Services, or using any software that intercepts or collects information from or through the Services;
(q) retrieve or index any information from the Services using any robot, spider or other automated mechanism;
(r) participate in any activity or action that, in the sole and entire unfettered discretion of us results or may result in another member being defrauded or scammed;
(s) transmit or make available any unsolicited or unauthorised advertising or mass mailing such as, but not limited to, junk mail, instant messaging, “spim”, “spam”, chain letters, pyramid schemes or other forms of solicitations;
(t) create User Accounts accounts by automated means or under false or fraudulent pretences;
(u) impersonate another member or any other third party;
(v) use electronic, mechanical, robotic or other devices to automatically make playing decisions. The Company reserves the right to offer such information to a casino industry database of ‘blacklisted’ players;
(w) misuse or abuse of the Services and or Website and or Software in any way. Abuse includes but not being limited to the following: Any irregular playing patterns e.g. playing at intentional minimum risk - equal, zero margin bets or hedge betting. Claiming a bonus and asking for cash out without a fair amount of play, that being not fewer than 120 per cent of the wagering requirements. Making high bets (on the sum of more than 30% of their bonus balance) from your account balance, where that balances is made up of bonus balance. Creating more than one account per person and using these accounts as fraudulent accounts in an attempt to claim our bonuses more than once. Placing high bets (while playing with bonus) in an attempt to generate high balance. Once achieved, changing betting patterns into small bets in order to fulfill wagering requirements and still keep high balance available for cash in (e.g. User places $25 bets and win $5k, then changes to $0.5 bets until wagering requirements achieved), or
(x) Use offensive or discriminatory language directed to the Company’s Support team.

4.4 Wagering requirements, for the purposes of 4.3(w), will apply if your account is credited with bonus chips. In circumstances where wagering requirements are in place, we will only authorise a withdrawal from a User’s account where that User has wagered a certain amount. If this amount has not been wagered a request for withdrawal cannot be requested.

4.5 The above list of Prohibited Behaviour is not exhaustive and may be modified by us at any time or from time to time. If you become aware of the misuse of the Service by another User or any other person, please contact us through the Support team. We reserve the right to investigate and to take all such actions as we, in our sole discretion deems appropriate or necessary under the circumstances, including without limitation, deleting the member’s posting(s) from the Services and/or terminating the User Account of such User, against any member or third party who directly or indirectly in, or knowingly permits any third party to directly or indirectly engage in, Prohibited Behaviour, the whole without or without notice to such member or third party.

5. INTELLECTUAL PROPERTY


5.1 All the brand names represented on the Website or Software including trade marks, service marks, trade names, logos (“the Trade Marks”) used on the Website from time to time belong to the Company, or our group companies or to our licensors. In addition, all other content including but not limited to the Software, images, pictures, graphics, animations or photographs or visual or audio media or text available via the Software or accessible on the Website (“the Website Content”) is protected by copyright and or other intellectual property rights and belongs to the Company, or our Group Companies or to our Licensors.

5.2 Under no circumstances does the Company provide authorisation for the Website Content to be reproduced or distributed on any other website save by third parties who are part of an affiliate program and under a specific licence arrangement to use the Website Content for the purposes of promoting the Services (“Affiliate Program”). Without specific consent from the Licensor you may not use or reproduce any of the Website Content.

5.3 You agree not to manipulate or reverse engineer any of the Software or Website, including any of the games therein, this includes but is not limited to you downloading, selling, assigning, renting, leasing, sublicensing, loaning, distributing, transferring, publishing, creating derivative works, copying, modifying, decompiling, deciphering, disassembling, reverse engineering or discovering the source code of all or any elements of the Website or Software. You agree not to export the Software to any country nor make the Software available to any third party howsoever possible.

5.4 Subject to the above, the Company hereby grants you the non-exclusive, non-transferable, non-sub-licensable right to install and use the Software and all content derived from the Software, including but not limited to, the copyright and all other intellectual property rights therein, in connection with the Services in accordance with this Agreement.

5.5 You hereby acknowledge that under no circumstances do you own or have rights in the Website, Website Content, Software or Trade Marks and that you may only use the same in complete accordance with this Agreement.



6. USER ACCOUNTS & PROMOTIONS


6.1 Only residents of the UK may use the GBP currency.

6.2 The Company reserves the right to limit or refuse any bet, stake or other wage made by you or through your User Account.

6.3 Monies held in your account shall not attract any interest.

6.4 Due to an overwhelming history of promotional abuse, Users from certain countries will be forced to abide by separate wagering requirements for offered promotions. These can be found in our promotions terms and conditions (“the Promotions Terms and Conditions”). In the event of conflict between the Promotions Terms and Conditions as showing on the Website, the terms of this Agreement shall prevail.

6.5 Should you fail to use your User Account for six months the same will be considered dormant (“Dormant Account”). The six-month period will start from the date of your last login to your User Account. In the case of a Dormant Account the Company reserves the right to levy a monthly administration fee at a rate of 10% of the balance in the User Account. The User Account will be closed by the Company once the balance reaches zero. In the event that you login to your Dormant Account, the Company will cease to levy the administration fee but shall not be obliged to return to you any monies already deducted.

6.6 The Company may, at any time, set off any positive balances in your User Account against any amount owed by you to us.

6.7 The Company reserves the right to implement a rounding policy in relation to monies deposited by or cashed –out to Users where currency conversion is involved. Details of the rounding policy in effect from time to time will be available upon request.



7. PRIZES & WINNINGS



7.1 The Company reserves the right to request documentation for the purpose of identity verification prior to granting any deposits with or withdrawals from a User Account.

7.2 A fee may be charged to the User to cover payments made by bank wire or check.

7.3 A User is permitted to withdraw a maximum of $1000 USD of their winnings per 24 hour period and $1500 per week and applies to new Users with less than 10 total deposits with the Company. Where a User is not a new User, the withdrawal limit of that User will be determined at the discretion of the casino; consideration may be given to the User’s VIP level and available withdrawal methods.

7.4 If the value of a deposit made by the User is not played through in full before a withdrawal is requested, the Company reserves the right to charge the User Account to cover all reasonable costs relating to both the deposit and withdrawal.

7.5 Users winning a sizeable amount deemed to be worthy of publicity by the casino agree to make themselves available for any event arranged by the Company in relation to that win. The Company will at all times respect the User’s privacy in this event.

7.6 The Company reserves the right to use your first name and first initial of your surname (e.g. John S.) in any casino announcement regarding winning results.

7.7 The Company reserves the right to deny winnings if the User Account is linked to other User Accounts where chargebacks have been placed.

7.8 Max Cashout on any free bonus given is no more than $100 or 10 times the bonus given.

7.9 No bonus can be claimed while having pending withdrawal.

7.10 The casino reserves the right to deny any and all withdrawals from accounts determined to be fraudulent by the casino's internal Securities team or by Rival's Global Risk and Securities team.

7.11 The casino reserves the right to close your casino account without prior notice. Any balance or pending cashout during such cancellations may be credited to you, however, the casino reserves the right to confiscate any balance or pending cashout for the following reasons:

  • If the casino finds evidence to suggest that you have more than one active account with the casino.
  • If the name on your casino account does not match the name on the credit card that was used to make a deposit to that account.
  • If you participate in a Casino promotion and cash-in before fulfilling the requirements of that particular promotion.
  • If you provide incorrect or misleading registration, account or identification information;
  • If you are not of legal age.
  • If you reside in a jurisdiction where participation in online gambling is prohibited or illegal.
  • If your casino account is being used by another person, whether with your consent or without.
  • If you are linked to fraudulent activity, suspect of cheating, playing as part of a syndicate or make use of malicious software, computers or systems designed to defeat the casino.
  • If observations of your playing pattern suggest that you are not playing in the spirit of the game, or deliberately playing at minimum risk in order to cash in bonus money.
  • If you have exercised fraudulent behaviour including but not limited to multiple account, chargebacks at other Rival casino/s.

8. ERRORS AND DISPUTES

8.1 In the event of a casino system malfunction, all bets are rendered void. In the event of such error or any system failure or game error that results in an error in any odds calculation, charges, fees, rake, bonuses or payout, or any currency conversion as applicable, or other casino system malfunction (“an Error”), we reserve the right to declare null and void any wagers or bets that were the subject of such Error and to take any money from your User Account relating to the relevant bets or wagers. If there are insufficient funds in your User Account, we may demand that you pay us the relevant outstanding amount relating to these bets or wagers. You are under an obligation to inform us immediately as soon as you become aware of any Error.

8.2 The Company’s Random Number Generator (RNG) will determine all randomly generated events. Should there be a conflict between the result shown on the Software after having been installed by you on your computer and the result on our server, the result on our server will prevail. All disputes should be immediately brought to the attention of the Support team by email.

9. PAYMENT TRANSACTIONS & PROCESSORS

9.1 Each User of the Services is fully responsible for paying all monies owed to the Company. You must make all payments to us in good faith and not attempt to reverse a payment made or take any action which will cause such payment to be reversed by a third party in order to avoid a liability legitimately incurred. You will reimburse the Company for any charge-backs, denial or reversal of payment you make and any loss suffered by the Company as a consequence thereof. The Company reserves the right to also impose an administration fee of $60 per charge-back, denial or reversal of payment you make.

9.2 We reserve the right to use third party electronic payment processors and or merchant banks to process payments made by you and you agree to be bound by their terms and conditions providing they do not conflict with the terms of this Agreement.

10. LINKS TO OTHER WEBSITES

10.1 The Website may contain links to third party websites that are not maintained by, or related to, us, and over which we have no control. Links to such websites are provided solely as a convenience to Users, and are in no way investigated, monitored or checked for accuracy or completeness by us. Links to such websites do not imply any endorsement by us of, and/or any affiliation with, the linked websites or their content or their owner(s). We have no control over or responsibility for the availability nor their accuracy, completeness, accessibility and usefulness. Accordingly when accessing such websites we recommend that you should take the usual precautions when visiting a new website including reviewing their privacy policy and terms of use.

11. NO WARRANTY


11.1 THE SERVICES AND THE SOFTWARE ARE PROVIDED "AS IS". THE ENTIRE RISK AS TO THE USE, QUALITY AND PERFORMANCE OF THE SOFTWARE LIES WITH YOU. THE COMPANY ANY OF ITS SUBSIDIARIES AND LICENSEES HEREBY EXCLUDE AND DISCLAIM (TO THE EXTENT SUCH EXCLUSION IS PERMISSIBLE BY LAW) ANY AND ALL IMPLIED TERMS, CONDITIONS AND WARRANTIES OR REPRESENTATIONS (INCLUDING ANY WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR ANY PARTICULAR PURPOSE, COMPLETENESS OR ACCURACY OF THE SERVICES OR THE WEBSITE OR THE SOFTWARE), AND, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY IN NO WAY WARRANTS THAT (A) THE SOFTWARE WILL NOT INFRINGE ANY THIRD PARTY'S IP RIGHTS, OR THAT (B) THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT ANY DEFECTS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE IS VIRUS-FREE OR FREE OF BUGS; OR THAT (C) THE SOFTWARE IS OF SATISFACTORY QUALITY OR FIT FOR ANY PARTICULAR PURPOSE; OR (D) THAT USE BY YOU OF THE SOFTWARE WITH ANY HARDWARE OR OTHER SOFTWARE WILL NOT CAUSE ANY DISTURBANCE TO THE SOFTWARE, TO SUCH HARDWARE OR TO SUCH OTHER SOFTWARE.

11.2 IN THE EVENT OF COMMUNICATIONS OR SYSTEM ERRORS OR BUGS OR VIRUSES OCCURRING IN CONNECTION WITH THE SOFTWARE AND OR PAYMENTS MADE TO YOU AS A RESULT OF A DEFECT OR ERROR IN THE SOFTWARE, THE COMPANY WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY COSTS, EXPENSES, LOSSES OR CLAIMS ARISING OR RESULTING FROM SUCH ERRORS, AND THE COMPANY RESERVES THE RIGHT TO VOID ALL GAMES IN QUESTION AND TAKE ANY OTHER ACTION TO CORRECT SUCH ERRORS.

11.3 WE STRONGLY RECOMMEND THAT YOU (A) TAKE CARE TO VERIFY THE SUITABILITY AND COMPATIBILITY OF THE SERVICES AND SOFTWARE WITH YOUR OWN COMPUTER EQUIPMENT PRIOR TO USE; AND (B) TAKE REASONABLE PRECAUTIONS TO PROTECT YOURSELF AGAINST HARMFUL PROGRAMS OR DEVICES INCLUDING THROUGH INSTALLATION OF ANTI-VIRUS SOFTWARE.

11.4 THE COMPANY SHALL NOT BE LIABLE FOR ANY ACTS OR OMISSIONS MADE BY YOUR INTERNET SERVICE PROVIDER OR OTHER THIRD PARTY WITH WHOM YOU HAVE CONTRACTED TO GAIN ACCESS TO THE SERVER THAT HOSTS THE SITE. NOTHING IN THIS AGREEMENT WILL OPERATE SO AS TO EXCLUDE ANY LIABILITY OF THE COMPANY FOR FRAUD, DEATH OR PERSONAL INJURY THAT IS CAUSED BY THE COMPANY'S NEGLIGENCE.

12. LIMITATIONS OF LIABILITY


12.1 The Company shall not in any circumstances have any liability for any losses or damages which may be suffered by you (or any person claiming under or through you) through your, or any third party’s, use of the Software, use of any link contained on our Website, or the Services, whether the same are suffered directly or indirectly or are immediate or consequential, and whether the same arise in contract, tort (including negligence) or otherwise howsoever, which fall within any of the following categories:
(a) special damage even if the Company was aware of the circumstances in which such special damage could arise;
(b) loss of profits, loss of business;
(c) loss of anticipated savings;
(d) loss of business opportunity;
(e) loss of goodwill;
(f) loss or corruption of data,
(g) business interruption,
(h) any other pecuniary or consequential loss.

12.2 The Company’s total aggregate liability to you under or in connection with this Agreement shall not exceed the value of the bets and or wagers you placed via your User Account in respect of the relevant bet/wager or product that gave rise to the relevant liability but not more than $5,000. Nothing in this Agreement will operate so as to exclude any liability of the Company for fraud, death or personal injury that is caused by the Company's negligence.

12.3 The Company shall not be in breach of this Agreement nor liable for delay in performing, or failure to perform, any of its obligations under this Agreement if such delay or failure results from events, circumstances or causes beyond its reasonable control. In such circumstances the time for performance shall be extended by a period equivalent to the period during which performance of the obligation has been delayed or failed to be performed.

13. INDEMNITY


13.1 You shall indemnify the Company, its Licensees and their respective companies and their respective officers, directors and employees against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest penalties and legal and other reasonable professional costs and expenses) suffered or incurred by the Company arising of or in connection with:
(a) any breach of terms and or warranties in this Agreement by you;
(b) violation by you of any law or the rights of any third party;
(c) use by you of the Services or Software or use by any other person accessing the Services or Software using your user identification, whether or not with your authorization; or
(d) acceptance of any winnings;

13.2 In addition to any other remedy available, if you breach any of these terms and conditions of this Agreement or the Company has reasonable grounds for suspecting that you have breached the terms and conditions of this Agreement, in addition to any other remedies available to the Company, your winnings may be forfeited at the discretion of the Company and the Company may retain any positive balance then existing in your account on account of any damages or other amounts owed by you to the Company pending investigation and/or the conclusion of any legal proceedings. Failure to comply with this Agreement may also result in disqualification, account closure and/or legal action being taken against you.

13.3 You shall indemnify and shall be liable to pay us, on demand, all costs, charges or losses sustained or incurred by us (including any direct, indirect or consequential losses, loss of profit and loss of reputation) arising directly or indirectly from your fraud, dishonesty or criminal actions.

14. DURATION AND TERMINATION


14.1 This Agreement comes into force immediately upon you completing the registration process with the Company. This Agreement shall remain in force until terminated in accordance with this Agreement.

14.2 You may terminate this Agreement and your User Account at any time by sending an email to us or where relevant via the support email on the Website, such termination to take effect upon the Company terminating your User Account, We will respond within a reasonable time. You will continue to assume responsibility for all activity on your User Account until such closure has been affected by us.

14.3 We take responsible gaming seriously. If you would like us to close your User Account for responsible gaming reasons please email us and we will endeavour to close your User Account as soon as reasonably possible. 14.4 We are, at any time entitled to close your User Account and terminate this Agreement. This may be for example should we decide to withdraw the Services in general or for any other reason we see fit. In the event of any such termination by us we shall, as soon as reasonably possible following a request by you, refund the balance on your User Account.

14.5 We may terminate this Agreement should we believe you to be in breach of any of the terms of the Agreement or the spirit of this Agreement. The right to terminate this Agreement given by this clause shall not prejudice any other right or remedy of either party in respect of the breach concerned (if any) or any other breach. In the event of our termination of this Agreement on account of your breach of this Agreement (including the Additional Rules) the Company will be under no obligation to refund to you any funds that may be in your User Account and you shall have no claims against the Company in such regard; the balance of User Account will be deemed to be forfeited. For the avoidance of doubt, we will not credit any bonuses into your User Account, nor will you be entitled to any contingent winnings, at any time after the date on which it has been closed.

14.6 On termination of this Agreement you shall:
(a) Discontinue the use of the Software and the Services;
(b) Pay all amounts due and owing to the Company;
(c) Remove and permanently delete the Software from your computer equipment and destroy all related documentation in your possession, custody, power or control.

14.7 Upon the termination of this Agreement for any reason, except as otherwise provided in this Agreement and subject to any rights or obligations which have accrued prior to termination, neither party shall have any further obligation to the other under this Agreement.

15. GENERAL


15.1 The Company may assign, transfer, charge, sub-license or deal in any other manner with this Agreement or sub-contract any of its rights and obligations under this Agreement, to any party including any company within the Company’s group.

15.2 This Agreement constitutes the entire Agreement between the parties and supersedes and extinguishes all previous agreements, statements, representations, arrangements and understandings between them, whether written or oral, relating to its subject matter.

15.3 No failure or delay by a party to exercise any right or remedy provided under this Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. 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.

15.4 This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).

15.5 If any court or competent authority finds that any provision of this Agreement (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this Agreement shall not be affected. If any invalid, unenforceable or illegal provision of this Agreement would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable. Each clause contained in these terms and conditions shall be separate and severable from each of the others. If any clause is found to be void, invalid, or unenforceable for any reason, the remaining terms and conditions shall remain of full force and effect.

15.6 Any notice or other communication required to be given to a party under or in connection with this Agreement shall be in writing and shall be sent by email providing the recipient of the email confirms receipt or three days after the email is sent. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

15.7 Any of the Company’s subsidiaries may enforce any provision of these terms and conditions against you as a third party contract beneficiary whether in the name of the Company or in its own name. The Contracts (Rights of Third Parties) Act 1999 shall apply to this Agreement.

15.8 Unless the context requires, words in the singular shall include the plural and in the plural shall include the singular.