TERMS AND CONDITIONS FOR DAILY RECORD BINGO AND DAILY RECORD CASINO
This website www.mirrorbingo.com and mirrorcasino.com, and any mobile applications through which our Services are offered ("Website"), are operated by Virtue Fusion (Alderney) Limited ("we", "us" or "Virtue Fusion"), a company incorporated and registered in Alderney (company number 1628) whose registered office is at Inchalla, Le Val, Alderney GY9 3UL. Virtue Fusion is licensed to provide gambling services by the Alderney Gambling Control Commission (licence number 40 C1 & C2) and the Gambling Commission of Great Britain (licence number 38838).
We operate the Website under a brand licence from Trinity Mirror Shared Services Limited. Trinity Mirror Shared Services Limited is not responsible for the provision of any gambling or the Services, and your agreement is with Virtue Fusion.
These Terms & Conditions govern your gambling activity with Virtue Fusion and are a legally binding contract between you and us. You will not be able to use our Services until you have read these Terms & Conditions and confirmed that you agree to be bound by them.
These Terms & Conditions are effective from 21st September 2016. All previous terms and conditions are cancelled.
PLEASE READ THE FOLLOWING TERMS & CONDITIONS CAREFULLY AND ENSURE THAT YOU UNDERSTAND THEM.
IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS & CONDITIONS, PLEASE DO NOT USE THE WEBSITE OR OUR SERVICES. NOTE THAT THESE TERMS & CONDITIONS ALSO APPLY TO GAMBLING USING A MOBILE APPLICATION.
We recommend that you print out these Terms & Conditions and store them safely along with all the confirmation e-mails, transaction data and payment methods relevant to your use of the Website and our Services.
You can contact our Customer Services team at firstname.lastname@example.org or email@example.com
RULES AND ADDITIONAL TERMS
To complement these Terms & Conditions, there are product specific rules ("Rules") which govern particular games and/or products. The Rules provide product specific detail and are incorporated into these Terms & Conditions.
Where you play any game or wager with us, or otherwise use the Services, you agree to be bound by the Rules of any game you play (as set out in the game itself or in the "Help" section).
In addition, you agree to be bound by any Promotional Terms, which are incorporated into these Terms & Conditions by reference. If there is a conflict between these Terms & Conditions and one of the Rules and/or any Promotional Terms, the provisions of, as applicable, the Rules and/or any Promotional Terms shall prevail.
The following words and terms, when used in these Terms & Conditions, shall have the following meaning:
"Account": one account pertaining to one individual at one domestic household address, opened by that individual and maintained with us to enable that individual to deposit and wager on the Website or otherwise use the Services;
"Applicable Laws": any laws, rules and regulations which apply to you in the country in which you reside or, if different, from which you are conducting activities with us, including (but not limited to) those relating to online gambling, your access to or use of the Services and/or the Website, or your making deposits and receipt of any withdrawal;
"Gambling Transaction": placing a bet, wager, stake or similar transaction on the Website or by otherwise using the Services;
"Group": means, in relation to us, a company which is from time to time a subsidiary or the ultimate holding company ours, or another direct or indirect subsidiary of such ultimate holding company. For the purposes of this definition, "subsidiary" and "holding company" have the meaning given to these expressions in section 1159 of the Companies Act 2006 (as amended from time to time);
"Payment Provider": a third party payment processing company;
"Prohibited Jurisdictions": the territories from which you are not permitted to access the Website or our Services, as determined by us from time to time and as set out in the "Prohibited Jurisdictions" paragraph below;
"Promotional Terms": separate terms and conditions in respect of promotions, bonuses and special offers (including any wagering requirements) related to the Services from time to time;
"Services": the services offered by us from time to time through the Website or any other means;
"Software": the software that is required to be downloaded, accessed or otherwise utilised by you from the Website for the purpose of enabling you to participate in the Services, including any program or data file derived therefrom and any related documentation, and including any enhancements, modifications, additions, translations or updates to such software; and
"Winnings": any winnings payable to you following a successful Gambling Transaction.
By opening an Account and placing Gambling Transactions with us, you promise and represent that:
you are 18 years of age or older (and, in any case, are over the legal age for gambling in the jurisdiction which applies to you);
you have the mental capacity to take responsibility for your own actions and enter into an enforceable contract with us;
you are acting as principal and not on behalf of anyone else;
all information which you give, or have given, us in the registration process is accurate as at the date of registration;
you are not depositing funds originating from criminal or unlawful activities, and you are not otherwise conducting criminal or unlawful activities and/or intending to use the Account in connection with such activities;
you are not colluding, or attempting to collude, or intending to participate, directly or indirectly, in any collusion scheme with any other player in the course of any game you play, or will play, on the Website;
the debit card or credit card details supplied by you in the registration process are yours as the registered account holder and the relevant card has not been reported as lost or stolen;
you are not classified as a problem gambler or compulsive gambler, and have not previously self-excluded from this Website and/or any other gambling website;
you are not an officer, director, employee, consultant or agent or of one of our affiliated or subsidiary companies, or suppliers or vendors, and you are not any of their relatives as well (for the purpose of this paragraph, the term "relative" means spouse, partner, parent, child or sibling);
you are responsible for complying with Applicable Laws and will not access, or attempt to access, the Website from a Prohibited Jurisdiction; and
you understand that there is a risk of losing money by wagering on our Website and using our Services and you accept full responsibility for such losses.
1. RESPONSIBLE GAMBLING
As a responsible operator, we recognise that gambling can become a problem for some users. Consequently, we provide users with the facility to exclude themselves from using the Website and our Services, to use other responsible gambling tools that may be available (such as time-outs and reality checks), or to set financial limits in relation to their gambling.
You can instruct us to exclude you from placing Gambling Transactions, either for a specific period of time (from a minimum of 6 months) or permanently, either by using the functionality on the Websites or contacting Customer Services. In asking us to exclude you from the Website and our Services, you acknowledge and agree that we will (i) block your Account from placing Gambling Transactions for the period requested, starting as soon as possible after receipt of your request (and, in any event, no later than the next time you try and log in) and (ii) return any funds in your Account to you. The self-exclusion will be applied to all websites operated by us and members of our Group (please note that there may be a short delay in applying the self-exclusion to websites operated by other members of our Group).
If you do not self-exclude permanently then, during the period of self-exclusion, you will not be able to place Gambling Transactions or otherwise access your Account. If you wish to reactivate your Account after the period of self-exclusion has expired, you may only do so by calling our Customer Services team on 0800 520 0353 and requesting that the self-exclusion be lifted. Any request to lift the self-exclusion after the specified period has expired will be subject to a 24 hour "cooling off" period, after which your Account will be re-activated.
If you instruct us to exclude you permanently, your Account will be closed and reactivation will not be possible.
After your self-exclusion has been implemented, we will take all reasonable steps to stop sending marketing materials to you. Please note that this relates only to marketing materials sent by us. There may be a short delay between your self-exclusion being implemented and marketing materials being stopped.
During your period of self-exclusion, you promise not to circumvent, or to attempt to circumvent, the self-exclusion agreement by attempting to place Gambling Transaction using the Website or our Services, either yourself or using a third party. Any Accounts found to be in breach of a self-exclusion agreement will be closed as soon as they are discovered. Please note that if you access your Account and/or open a new Account ¬during the self-exclusion period by fraudulent means or by deliberately entering incorrect information and our automated checks do not prevent this happening, then we shall have no responsibility or liability to you or any third party for any gambling activity that takes place (including to return any deposits, winnings or other funds in respect of such activity). Any new Accounts opened during a self-exclusion agreement will be closed as soon as they are detected by us.
1.2 Setting Financial Limits
As part of our commitment to responsible gambling, you have the option to set a daily, weekly or monthly deposit limit on your Account. To set a deposit limit, please contact Customer Services or (if applicable) select the option on the Website, setting out whether you wish to have a daily, weekly or monthly deposit limit and the amount you wish to be set.
A decrease in your maximum deposit level and/or frequency will take effect immediately and an increase in your maximum deposit level and/or frequency will take effect after a "cooling off" period of 24 hours. You will be required to confirm that you wish to increase your deposit limit after this time. If this is not done, your deposit limit will remain as was originally set.
Any deposit limit that you set will be applied to all websites operated by us irrespective of the brand, and will be cumulative across all sites. The National Association for Gambling Care Educational Resources and Training (GAMCARE) provides information, advice and counselling to individuals, their family and friends who have concerns about problem gambling. The Helpline number for GAMCARE when calling from the UK is 0808 802 0133; this number may not be available from outside the UK.
Reality Checks are designed to remind you of the time you have spent logged into your account. Here at Mirror Bingo you can set up your personalised alert which will notify you when you have reached a specific period of time. You can set a reality check for a period of 10, 20, 30, 40, 50, 60 minutes. To activate this simply go to our responsible gaming Tools when logged into your account.
2. PROHIBITED JURISDICTIONS¬
2.1 Only players located in the United Kingdom or the Republic of Ireland are allowed to play on the Website. All other jurisdictions are "Prohibited Jurisdictions" for the purpose of these Terms & Conditions. ¬
2.2 You may not use the Website and/or the Services if you are located in a Prohibited Jurisdiction. The fact that the Website is accessible in a Prohibited Jurisdiction, or that the Website is provided in the official language of a Prohibited Jurisdiction, shall not be construed as condoning the use of the Website in such Prohibited Jurisdiction. Any attempt to circumvent this restriction (for example, by using a VPN, proxy or similar service that masks or manipulates the identification of your real location, by otherwise providing false or misleading information regarding your location, or by placing wagers using the Website through a third party or on behalf of a third party located in a Prohibited Jurisdiction) is a breach of these Terms & Conditions and may constitute a criminal offence under Applicable Laws. If it becomes apparent, or we have reasonable grounds to suspect, that you are located in a Prohibited Jurisdiction, this may result in us closing your Account, without an obligation to provide you with advance notice, freezing the funds therein and providing the applicable details to any relevant authorities, all in accordance with Applicable Laws, and you shall compensate us for any damage or loss resulting therefrom.
2.3 Some jurisdictions have not addressed the legality of online gambling, whereas others have specifically made online gambling illegal. We make no promise as to whether your accessing and/or use of the Website/Services is compliant with Applicable Laws in the jurisdiction in which you are located and you promise us that online gambling is not illegal in your jurisdiction.
2.4 You are responsible for ensuring that you comply with any laws applicable to a consumer gambling online in the country in which you are located. You must not access the Website and/or open an Account from within a jurisdiction that prohibits online gambling; ¬ nor must you do so if you are a citizen of a nation state that prohibits its citizens from participating in online gambling (regardless of their location).
3. PROTECTION OF PLAYER FUNDS
3.1 You acknowledge and agree that your Account is not a bank account and is therefore not insured, guaranteed, sponsored or otherwise protected by any deposit or banking or other insurance system of any jurisdiction. Any monies deposited with us will not receive any interest. ¬
3.2 Player funds deposited with us will be held by our bank in a designated client bank account ("Player Account") separated from our own company accounts. The money in the Player Account is not protected in the event of any insolvency or analogous event of Virtue Fusion. The Gambling Commission of Great Britain categorises our protection of player funds as "Basic" (see http://www.gamblingcommission.gov.uk/consumers/protection_of_customer_funds.aspx for more details). If you require any further information on protection of funds and insolvency, we suggest that you obtain external advice.
4. YOUR ACCOUNT
Opening an Account
4.1 In order to enter into a Gambling Transaction and/or use the Services, you will need to open an Account with us on the Website. You may only open one Account for the Website and duplicate accounts are prohibited and will be closed. We reserve the right to void any Gambling Transactions made using duplicate accounts.
4.2 We do not operate a credit facility, and you may only enter into Gambling Transactions with funds held in your Account.
4.4 You can have as many payment methods as you like on your Account, but may only have five active credit cards or debit cards at any time. If a card registered to your Account is lost or stolen, then you should notify Customer Services immediately.
4.5 You can only use the Website and/or the Services if you are 18 years of age or older (and, in any case, if you are over the legal age for gambling under the law or jurisdiction of the place where you are situated). It is illegal for anyone under the age of 18 to open an Account or to place Gambling Transactions on the Website or those websites operated by members of our Group. We reserve the right to forfeit all Gambling Transactions and return all deposits to anyone who we discover is under the age of 18. If you share your computer with anyone under the age of 18, we recommend that you put in place filtering software. Companies that provide filtering software include:
4.6 By accepting these Terms & Conditions, you agree that we are entitled to conduct any necessary identification, credit, source of funds and other verification checks that we may require and/or are required of us under Applicable Laws or by regulatory authorities. You agree to provide us with any information in relation to such verification checks, and we reserve the right to request proof of age documentation and evidence to verify your identity or the source of your funds, including certified documentation, from you at any time. Until such time as the relevant checks are completed to our satisfaction, and any requested information has been provided, we are entitled to suspend or restrict your Account in any manner that we may deem appropriate (in our absolute discretion), including by preventing you from placing any Gambling Transactions until the verification checks are completed satisfactorily.
4.7 To comply with Applicable Laws, and so that the Website remains safe and secure, we may request to verify your ID or source of funds from time to time or on certain trigger events, for example deposit or withdrawal. If we make such a request, until such time as the checks have been adequately concluded any withdrawal request you make will be held and considered pending. Once approved, the withdrawal will then be actioned for payment. In addition to any requested withdrawal being held, if the relevant documents are not sent to us within 72 hours from the request email being sent or the documents being certified, your Account will be suspended and you will not be able to place any Gambling Transactions until such time as the required information has been sent and verified.
For ID verification, we will request the following:
i) photographic ID (a copy of your passport or driver's licence showing your name and date of birth);
ii) a copy of the front of the credit or debit card you have registered and used on your Account (you need only show the name, last four digits and expiry date - all other details may be obscured); and
iii) proof of address (for example, a copy of a bank statement or utility bill that shows the name and address registered on your Account and is dated during the previous three months),
together with such other information as we may reasonably require.
For source of funding, we will request the following:
i) Bank statements
ii) Wage slips
iii) Evidence of source of any other source of funds (e.g. property sale, inheritance, share sale, lottery win).
5. Use of your Account
5.1 When you open an Account, you will be required to choose a unique username and password. You must keep your username and password secure and confidential and not share it with anyone else. You must not allow any other person to use your Account. You accept that any actions taken using your Account have been taken by you and any Gambling Transactions entered into using your Account will be considered valid. We will not be liable if you disclose your username and password to someone else.
5.2 You must keep your registration and Account details up to date. If any of your Account details change you should notify us immediately, as failure to do so may result in transactions being declined by your financial institution. Depending on what Account details are being changed, this can be done either by accessing the "Your Account" facility or by contacting our Customer Services team. We are not responsible for transactions which are declined as a result of incorrect details where you have not notified us of any changes.
5.3 If you forget your username and/or password, or have reason to believe that someone else is aware of your password, please contact our Customer Services team immediately (by email or chat).
5.4 You can monitor all Gambling Transactions made using your Account by clicking on the "History" button when logged in. You are responsible for all Gambling Transactions made using your Account.
5.5 Any debit card or credit card registered on your Account must be in your own name.
5.6 You warrant to us that you are acting as principal and will use your Account for your own use and not as agent for someone else.
6. Deposits and withdrawals
6.1 You agree that any financial transactions (e.g. deposits, withdrawals) on your Account will be handled by us directly or through a Payment Provider. Financial transactions will appear on your card statement as "VF Bingo"
6.2 Once your Account has been opened, you will be able to credit funds to it by requesting an electronic transfer of funds using any of the means set out on the Website. Otherwise, you may make deposits solely by any of the following payment methods:
a) by a credit card that is in good standing and, unless specifically authorised by us in writing, is registered in your name (and which is acceptable to us at our sole discretion);
b) by a debit card that is in good standing and, unless specifically authorised by us in writing, is registered in your name (and which is acceptable to us at our sole discretion);
c) by a payment method pre-authorised by us (and which is acceptable to us at our sole discretion);
d) through a Payment Provider acceptable to us (and which is acceptable to us at our sole discretion); and
e) by such other method deemed acceptable to us from time to time (at our sole discretion).
6.3 Each request made by you to deposit funds in your Account shall constitute a valid authorisation for us, or the Payment Provider if applicable, to transfer the amount specified in your request to your Account.
6.4 Unless specifically authorised by us in writing or where you have set a financial limit, the limits on deposits into, and withdrawals from, your Account in a 24-hour period are set out in the table below. We only accept payments in UK Sterling and Euros.
Minimum Single Deposit Maximum Single Deposit Maximum Number of Deposits Maximum Total Deposits
£5/€5 £1,000/€1000 n/a £5,000/€5000
Minimum Single Withdrawal Maximum Single Withdrawal Maximum Number of Withdrawals Maximum Total Withdrawals
£10/€10 £10,000/€10,000 n/a £10,000/€10,000
6.5 We are entitled to determine whether the funds that you have requested to be credited to your Account are available upon receiving confirmation satisfactory to us from the relevant Payment Provider in accordance with such Payment Provider's approval procedures. Only when your deposits are reconciled and cleared to our satisfaction by the relevant Payment Provider will your Account be credited with the funds.
6.6 You must notify us if any sum is incorrectly credited to your Account. We are entitled to reverse such credits and/or recover such sums from you if you have withdrawn them. ¬ Any Gambling Transactions entered into using improperly credited sums may be cancelled by us and any winnings made from these Gambling Transactions will be reversed.
6.7 You acknowledge that you may, from time to time upon our request, be required to provide additional details in respect of the deposits made by you, including the source of your funds, in order for us to comply with Applicable Laws.
6.8 Subject to the withdrawal limits set out above, you may withdraw any unused cleared funds held in your Account by submitting a withdrawal request. 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 (less any charges incurred or any amount required to be withheld from your withdrawal in order to comply with any Applicable Laws).
7. Fees and Chargebacks
7.1 We will not typically charge you a fee to deposit or withdraw funds. However, if we suspect that you are misusing the deposit and/or withdrawal functionality, we reserve the right to charge you a fee to reflect any costs incurred by us in connection with such misuse.
7.2 When you make a deposit by debit card or credit card, some financial institutions categorise gambling deposits as "cash" and may levy a fixed and/or interest charge from the date of payment. It is your responsibility to settle this charge.
7.3 If you make repeated deposits and withdrawals, but do not engage in a reasonable level of Gambling Transactions, we reserve the right to charge any associated bank charges to you by debiting your Account. We will provide you with advance notice before processing this debit.
7.4 Where relevant in your jurisdiction, it is your responsibility to account to the relevant tax authorities for any winnings. We are not liable to account to any tax authority for any of your personal taxes.
7.5 If, for whatever reason, there is a chargeback request to your Account, you accept and acknowledge that we may suspend your Account indefinitely to enable us to investigate and resolve the matter. During such period, any monies due or requested will be withheld.
8. Suspension and closure
8.1 If you wish to close your Account, please contact Customer Services.
8.2 We reserve the right to close or suspend your Account at any time and for any reason. In the event of such closure or suspension, subject to paragraph 8.4 below and as soon as reasonably following a request from you, we will refund the balance of your Account.
8.3 Without prejudice to the preceding paragraph, we shall be entitled to close or suspend your Account and void all Gambling Transactions in the following circumstances:
a) you become bankrupt;
b) we consider that you have used the Website and/or the Services in a fraudulent manner or for illegal, unlawful and/or improper purposes;
c) we consider that you have used the Website and/or the Services in an unfair manner or have deliberately cheated or taken unfair advantage of us or any of our other customers;
d) we become aware that in placing Gambling Transactions using your Account you have contravened the rules on gambling of any professional body or your employer;
e) we are requested to do so by law enforcement or regulatory authorities or by a court order;
f) we consider that any of the events referred to in (a) to (e) may have occurred or are likely to occur;
g) you don't supply any information requested by us; and/or
h) we have reason to believe that you have breached, or are breaching, these Terms & Conditions.
8.4 Where we close or suspend your Account for your breach of these Terms & Conditions, we may withhold and/or retain any and all amounts which would otherwise have been paid or payable to you, and you will compensate us for all claims, losses, liabilities, damages, costs and expenses incurred or suffered by us. Furthermore, we may withhold the funds in your Account following a valid request from any law enforcement body or regulatory authority, or if a court order requires us to withhold the funds in your Account.
9. Inactive and Dormant Accounts
If you have not entered into a Gambling Transaction using your Account for a continuous period of 12 months, your Account will be deemed inactive. Once your Account has been deemed inactive we may, upon giving you notice, charge you a maintenance fee. If your Account is inactive for a further 12 months (i.e. you have not entered into a Gambling Transaction using your Account for a continuous period of 2 years), your Account will be considered dormant and closed. ¬
10. Entering into a Gambling Transaction and/or using the Services
10.1 We reserve the right to decline all or part of a Gambling Transaction entered into by you at our sole and absolute discretion. All Gambling Transactions are entered into at your own discretion. Gambling Transactions will not be confirmed if there are insufficient funds in your Account.
10.2 We will only accept Gambling Transactions made online (including via mobile phone or mobile applications). Once a Gambling Transaction has been accepted by us, you cannot cancel the Gambling Transaction. It is your responsibility to ensure that all details of the Gambling Transaction are correct. ¬
10.3 Winnings from settled Gambling Transactions will be added to the balance of your Account. Any funds credited in error are not available for use and we reserve the right to (i) void any Gambling Transaction involving such funds and (ii) withdraw the relevant amount and reverse the Gambling Transaction, whether at the time or retrospectively.
11. Errors and omissions
11.1 A number of circumstances may arise where errors are made in respect of Gambling Transactions or payments made by us ("Error"). An Error could be the result of a mistake by an individual or a defect or fault with the Software. Subject to paragraph 18.2, we will not be liable for any Error (however caused) including (but not limited to) the following:
a) any terms of a Gambling Transaction are incorrect as a result of an obvious error or omission in inputting the information or as a result of a computer malfunction; and/or
b) we incorrectly calculate or pay out the amount of Winnings that are paid to you; and/or
c) an error occurs in a random number generator or pay tables included or used in any game; and/or
d) the failure of any hardware or communications systems.
11.2 We reserve the right to correct any Error which has been identified and re-settle the relevant Gambling Transaction at the correct price or on terms which were available/should have been available (absent the Error) at the time the Gambling Transaction was placed.
11.3 Where it is not practicable for us to correct and re-settle a Gambling Transaction which has been subject to an Error, we reserve the right to declare the relevant Gambling Transaction void and withhold payment of the relevant Winnings to you. Where we have paid Winnings to you which we can reasonably demonstrate were as a result of an Error, we reserve the right to claim back such Winnings from you and/or deduct them from your Account. ¬
11.4 You should inform us of any Error as soon as possible and should not seek to exploit an Error to generate Winnings. Where we can reasonably demonstrate that you have exploited an Error to generate Winnings we shall have no liability to you in respect of such Winnings. Where we have paid Winnings to you which we can reasonably demonstrate were as a result of you exploiting an Error, we reserve the right to claim back such Winnings from you and/or deduct them from your Account Balance. ¬
11.5 Neither we, nor our employees, partners or suppliers, will be liable for, or be required to compensate you for, any loss that results from any Error by us.
12. Cheating, fraud, collusion and criminal activity
12.1 We reserve the right to suspend and/or close your Account and/or void Gambling Transactions at any time:
a) if we believe there may be fraudulent or improper activity taking place;
b) if we believe that you are abusing bonuses or other promotions;
c) if we suspect that you are cheating, colluding with others or taking unfair advantage, including by the use of "bots" or other third party software or by manipulating the Software;
d) if we discover that you have more than one Account;
e) if we believe you are undertaking criminal activity, including money laundering;
f) if there is a problem with the legality of wagering in the jurisdiction in which you are based; or
g) if you are suspected to be underage, and/or the verification of your identity and/or source of funds has not been completed.
12.2 Misuse or abuse of a game voids all wagers, plays and pay-outs related to your playing of that game.
12.3 You should only deposit money into your Account for the purposes of entering into Gambling Transactions. In circumstances where we reasonably believe that you are depositing money without any intention to enter into a Gambling Transaction, we shall be entitled to close or suspend your Account, and we may also report this to the relevant authorities.
12.4 We reserve the right to refuse to open an Account for any reason and to close an Account at any time without giving notice to you.
12.5 The Software is to be used as presented. No manipulation or use of other software, artificial intelligence or player assistance programs may be used with this Website. The Website should not be hacked into, altered or be compromised by users in any way. Any such behaviour will lead to the closure of an Account and may also lead to criminal investigations.
USE OF THE WEBSITE
13.1 No warranty or representation, express or implied, is made by us as to the accuracy, timeliness, completeness or suitability of the information and materials contained on our Website nor as to the results obtained through its use. The information is not intended to amount to advice or recommendations and is provided for information purposes only. No reliance shall be placed on the information when entering into a Gambling Transaction.
13.2 You are solely responsible for the supply and maintenance of all computer equipment, telecommunications networks and internet connection services that you require in order to access and use the Website. We shall not be liable in any way whatsoever for any loss or damage caused to you by your computer equipment, telecommunications network or internet connection service.
13.3 You may only use the Website and/or the Services for the purpose of entering into Gambling Transactions with us and for your own private use. Any commercial exploitation of information from our Website is strictly prohibited.
13.4 You must not use the Website and/or the Services for any purpose which is illegal, fraudulent, abusive, obscene, discriminatory, dishonest or inappropriate. We will withhold payment of Winnings to you where any such activity is suspected. You will fully compensate us for any and all losses, costs, damages and claims arising from any such activity.
14. Availability of the Website
14.1 We reserve the right to restrict access to some or all users (including in respect of certain jurisdictions) to all or parts of the Website.
14.2 From time to time the Website may be unavailable for use by you due to maintenance of the Website and/or alteration of our Services. We may alter or amend the Services and/or undertake maintenance at any time or for any reason.
15. INTELLECTUAL PROPERTY AND SOFTWARE
15.1 We are the owner or the licensee of all intellectual property rights in the Website, and in the material published on it. ¬ Those works are protected by intellectual property laws around the world and all such rights are reserved.
15.2 You may print off one copy, and may download extracts, of any page(s) from the Website for your personal reference.
15.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
15.4 Our status (and that of any identified contributors) as the authors of material on the Website must always be acknowledged.
15.5 If you print off, copy or download any part of the Website in breach of these Terms & Conditions, we reserve the right to terminate your right to use the Website immediately. We reserve the right to close your Account with immediate effect, and if we do so you must, at our option, return or destroy any copies of the materials you have made.
16.1 We do not accept any liability in respect of the Software. You agree that you are only permitted to use the Software for the purpose of using the Services and, save to the extent permitted by Applicable Law, for no other purpose.
16.2 We hereby grant you a personal, non-exclusive, non-transferable, personal right to use the Software for the sole purpose of using the Services and the Website, in accordance with the following provisions. You are not permitted to:
a) install or load the Software onto a server or other network device or take other steps to make the Software available to any other person via any form of "bulletin board", online service or remote dial-in, applications service provider, internet services provider, timesharing arrangements, outsourcing services or bureau services;
b) 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;
c) translate, reverse engineer, decompile, disassemble, adapt, modify, create derivative works based on, or otherwise modify the Software;
d) copy or translate any user documentation provided 'online' or in electronic format;
e) 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;
f) flood the Website and/or the Software with information, multiple submissions or "spam";
g) knowingly or negligently use any features which may affect the function of the Website and/or the Software in any way, for example by releasing viruses, worms, Trojans, logic bombs or similar material that is malicious or harmful; or
h) attack the Website via a distributed denial-of-service attack.
16.3 The Software is owned and is the exclusive property of members of our Group or its licensor (the "Software Provider"). The Software and accompanying documentation which have been licensed to us are proprietary products of the Software Provider and are protected throughout the world by intellectual property law. Your use of the Software does not give you ownership of any intellectual property rights in the Software or any other rights in or with respect to the Software, except for the right to use the Software as expressly provided in these Terms & Conditions.
16.4 The Software is provided "as is" without any promises, warranties, conditions, undertakings or representations, express or implied, statutory or otherwise. We and the Software Provider, and all of our and its 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, that the Software will not infringe any third party's intellectual property rights, that the operation of the Software will be error free or uninterrupted, that any defects in the Software will be corrected, and that the Software is virus-free.
16.5 Neither we nor the Software Provider, or any of our or its affiliates and related parties, will be liable to you for any costs, expenses, losses or claims arising or resulting from communications or system errors occurring in connection with the settlement of Accounts or other features or components of the Software, or for any damage caused to your devices (PCs, mobile devices) from use of the Software. 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.
16.6 The Software may include confidential information which is secret and valuable to the Software Provider and/or to us. You are not entitled to use or disclose that confidential information other than strictly in accordance with these Terms & Conditions.
17. Use of "cookies" on the Website
17.2 If you object to cookies or want to delete any cookies that are already stored on your computer, you should follow the instructions for deleting existing cookies and disabling future cookies on your web browser or equivalent software. Further information is available at www.aboutcookies.org. Please note that by deleting or disabling cookies you may not be able to access certain areas or features of the Website.
18. OUR LIABILITY
18.1 The material and information displayed on the Website is provided without any guarantees, conditions or warranties as to its accuracy. Subject to paragraph 18.2, we hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity, and:
a) any loss incurred in transmitting information to the Website;
b) any loss whatsoever arising from the use, abuse or misuse of your Account;
c) any technical failures, system breakdowns, defects, delays, interruptions, manipulated or improper data transmission, loss or corruption of data;
d) communications' lines failure, distributed denial of service attacks, viruses or any other adverse technological consequence of your choosing to use our products and services;
e) any failure by us to implement a self-exclusion agreement with you from time to time; and
f) any liability for any losses that were not foreseeable when the contract was formed, losses that were not caused by any breach on our part, business losses, or damage incurred by any user in connection with the Website or in connection with the use, inability to use, or results of the use of the Website, any websites linked to it and any materials posted on it, including, without limitation any liability for:
a. loss of income or revenue;
b. loss of business;
c. loss of profits or contracts;
d. loss of anticipated savings;
e. loss of data;
f. loss of goodwill; and
g. wasted management or office time.
18.2 Nothing in these Terms & Conditions affects our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor our failure to use reasonable skill and care when providing you the Services. Your statutory rights remain unaffected.
18.3 Subject to paragraph 18.2 above and other than in relation to the payment of Winnings lawfully won, we shall have no liability to you pursuant to these Terms & Conditions in excess of:
a) in the case of any liability which relates to a specific Gambling Transaction, the amount of the stake wagered; or
b) in the case of any other matters, an aggregate of five thousand pounds (£5,000).
19. YOUR LIABILITY
You agree to compensate us (and our group companies, employees, agents and/or partners) for any claims, liabilities, costs and expenses that may arise as a result of your breach of these Terms & Conditions or a breach of any laws of any jurisdiction applicable to you. If there is such a breach, your Account will be frozen and any credit balance withheld by us pending investigation and/or the outcome of any legal or regulatory proceedings.
20. Changes to the Terms & Conditions
20.1 These Terms & Conditions are subject to change and we reserve the right to change them at any time.
20.3 Where we intend to make significant changes to the Terms & Conditions we will notify you before they come into effect using one of the following methods
a) email (to the email address registered on your Account); and/or
b) a notice/pop up on the Website; and/or
c) any other appropriate method.
20.4 If you do not wish accept any changes that have been made to these Terms & Conditions, you should stop using the Website and the Services.
If you have any complaint in respect of this Website, please contact Customer Services at firstname.lastname@example.org or email@example.com in the first instance in order for your complaint to be reviewed internally.
If, after our internal complaints process has been fully exhausted, you remain unsatisfied as to the outcome of your complaint, you have the right to escalate your complaint to the Independent Betting Service (IBAS), our independent Alternative Dispute Resolution (ADR) body. We have appointed IBAS as our ADR body and you have free right of access to this ADR function. The IBAS adjudication form is available online (at www.ibas-uk.com), or you can request a form by calling 020 7347 5883 or writing to IBAS, P O Box 62639, London EC3P 3AS. You can also write to IBAS at adjudication@IBAS-uk.co.uk
For Online Dispute Resolution please click on the following link; ODR.
22. Events beyond our control
We shall not be in breach of these Terms & Conditions nor be liable for delay in performing, or failure to perform, any of our obligations under these Terms & Conditions if such delay or failure results from events, circumstances or causes beyond our reasonable control.
Our failure or delay in enforcing or partially enforcing any term of these Terms & Conditions shall not be interpreted as a waiver of any of our rights or remedies. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
If any provision of these Terms & Conditions is held by any competent authority to be invalid, void, voidable, unenforceable or unreasonable in whole or in part, the validity of the other provisions of these Terms & Conditions and the remainder of the provision in question shall continue in full force and effect.
25. Entire Agreement
These Terms & Conditions, including any document expressly referred to in them, represent the entire agreement between you and us and replace any prior agreement, understanding or arrangement between you and us. We each acknowledge that neither of us has relied on any representation, undertaking or promise made by the other except as expressly stated in these Terms & Conditions.
26. Transfer of agreement
26.1 We may at any time assign or transfer any or all of our rights and obligations under these Terms & Conditions. In particular, we may assign or transfer our rights and obligations to any purchaser of all or part of our business. We may also subcontract or delegate in any manner any or all of our obligations under these Terms & Conditions to any third party or agent.
26.2 These Terms & Conditions are personal to you and you may not assign, sub-license or otherwise transfer in any manner whatsoever any of your rights or obligations under these Terms & Conditions.
28. Governing law and jurisdiction
These terms and conditions are governed by English law and we both agree to submit to the exclusive jurisdiction of the English Courts.
Where we provide links to other websites, we do so for information purposes only and you use any such links at your own risk. We accept no responsibility for the content or use of any other websites or for the information contained on them.
1.2 We operate the Website under a brand licence from Trinity Mirror Shared Services Limited ("Mirror"). We will share your Personal Information with Mirror in accordance with our agreement with Mirror.
2. The information we collect
2.1 As part of operating the Website, we collect your Personal Information. "Personal Information" means any information from which you can be personally identified, including (for example) your name, email address, home address, telephone number, debit/credit card data and date of birth.
2.2 We collect your Personal Information when you register for an Account, through the use of online forms and when you email us your details. We also collect information about the transactions you undertake, including details of payment cards used. In addition, we collect Personal Information through surveys which we, or companies engaged by us for such purpose, undertake.
3. How we use your Personal Information
3.1 Your Personal Information is processed by us (including our agents, Group members, sub-contractors and/or employees) to provide you with the Services. In particular, we collect your Personal Information in order to enable us to:
a. set-up, administer and manage your Account and records (including processing deposits and withdrawals);
b. provide and personalise the Services (including to allow you to wager and play our games and to provide chat moderation);
c. receive and respond to your communications and requests;
d. notify you about updates to the Software and/or the Services;
e. ensure that we are able to fulfil our regulatory obligations regarding your Account, including by verifying the accuracy of any information you give us;
f. comply with our obligations under Applicable Laws (including the Gambling Act 2005) and to regulators in jurisdictions where we and members of our Group are licensed (including the Gambling Commission of Great Britain);
g. investigate, and assist with the investigation of, suspected unlawful, fraudulent or other improper activity connected with the Services (including, where appropriate, dealing with requests from regulatory bodies for the sharing of information);
h. carry out market research campaigns;
i. prepare statistics relating to the use of the Services by you and other customers;
k. provided that you don't "opt-out" from this option, keep you informed of offers and promotions relation to our products and services and those of other entities within our Group;
l. provided that you don't "opt-out" from this option, enable Mirror to market its services and products and those of other entities within its Group; and
m. support any other purpose necessary for performance of our contractual obligations or specifically stated at the time at which you provided your Personal Information.
3.2 ¬These are the "Purposes" for which we may collect your Personal Information.
3.3 Telephone calls to and from our customer services representatives may be recorded for training and security purposes.
4. Disclosure of your Personal Information
4.1 We may, for the Purposes, disclose your Personal Information to any of the following recipients:
a. any company within our Group (including to its employees and sub-contractors) which assists us in providing the Services or which otherwise has a need to know such information;
b. any third party which assists us in providing the Services, including (but not limited to) payment processors and chat moderators;
c. any third party which can assist us in verifying the accuracy of your Personal Information, including financial institutions and credit reference agencies (a record of the search may be retained by such third party);
d. any third party which assists us in monitoring use of the Services, including the detection and prevention of fraud and collusion;
f. any contractors or other advisers auditing any of our business processes or who have the need to access such information for the purpose of advising us;
g. any law enforcement body which may have any reasonable requirement to access your Personal Information ¬
h. any regulatory body which may have any reasonable requirement to access your Personal Information; and
i. any potential purchaser of Virtue Fusion's business or any investors in it or in any company within our Group (including in the event of insolvency).
4.2 If at any time you wish us to stop processing your Personal Information for the above purposes, then you must contact us and we will take the appropriate steps to stop doing so. Please note that this may mean that your Account will be closed.
4.3 In addition to the above, we may disclose your Personal Information to another company (or another legal entity) if we restructure our business, if there is a sale of all or any part of our business or its assets, or if the operation of this Website (or a replacement website for this Website) is transferred to another company (or other legal entity).
5. Marketing Preferences
5.1. We and Mirror (and, as relevant, any other company in our Group or Mirror's Group) will not send you unsolicited information regarding any third party's products or services.
5.2. As part of the Account registration process, you will have the opportunity to choose whether or not to receive information on our offers and promotions and those of Mirror (and any company in our Group or Mirror's Group).
5.3. We will send you promotional emails and updates until such time as you inform us that you do not wish to continue to receive them. You may update your marketing preferences at any time by: ¬
clicking on the "unsubscribe" link in an email and following the instructions; or
contacting our Customer Services team.
6. Transfer of your Personal Information outside of the EEA
Your Personal Information will be transferred outside of the European Economic Area, both to us and other members of our Group. This includes, but is not limited to, Israel, Guernsey and the Philippines.
7. Updating your Personal Information
You may update or delete your Personal Information at any time via the Website or by contacting Customer Services.
8. Contacting us
You can contact our Customer Services team at firstname.lastname@example.org or email@example.com
8.1 You may obtain a copy of your Personal Information held by us by contacting our Customer Services team or by writing to us at Inchalla, Le Val, Alderney GY9 3UL. We require up to twenty-eight (28) days' notice to enable us to comply with such a request.
8.2 In accordance with Applicable Law, we reserve the right to charge a fee for providing such information.
9.2. If you object to cookies or want to delete any cookies that are already stored on your computer, you should follow the instructions for deleting existing cookies and disabling future cookies on your web browser or equivalent software. Further information is available at www.aboutcookies.org. Please note that by deleting or disabling cookies you may not be able to access certain areas or features of the Website.
9.3. We (and any company in our Group) may use your username and/or first name for advertising or promotional purposes.
9.4. As part of the Website's operation, and for our own statistical analysis of site traffic, our Website automatically logs internet IP addresses. We do NOT log any e-mail address of visitors to the Website. Our advertising system logs IP addresses to supply more accurate advertising features, such as language-specific banners.
9.5. While the Website may contain links to websites operated by parties other than us, we are not responsible for the privacy practices or content of such websites.
10.1 We use a number of methods to ensure that all customer information remains confidential. Transferred information is sent using advanced encryption methods and, once stored in our servers, is protected by the most up-to-date firewall technology available to protect data from being misused and/or lost.
10.2 Your Winnings are kept strictly confidential, and winnings information is stored in secure operating environments. We do not provide winnings information to any third party unless such information is required to be disclosed by law, regulation or a similar governmental authority.
10.3 The Website is protected by industry-standard SSL (Secured Socket Layer) encryption. This technology encrypts all personal data transferred between you and us.