TERMS AND CONDITIONS
Please ensure that You read and understand these Terms prior to using the Service. These Terms contain important information about the legal agreement between Us, and provide information about what other documents form part of our relationship with You.
We would like to draw Your attention specifically to the following sections:
- section 7 – Prohibited Acts, Breaches & Account Closure
- section 14 – Breach of Terms
- section 26 – Liability
If you have any questions about these Terms, please contact us to discuss. You can find details of how to contact us on the “Contact Us” section of the Website.
1.1 These Terms and Conditions ("Terms") constitute the legal agreement ("Agreement") between You and members of the Gala Group (please refer to section 2 'Parties') in respect of Your use of remote Gala Bingo products and services (collectively the "Service").
The Service includes:
1.2 The Gala Bingo website (www.galabingo.com) and any other remote product that we may offer from time to time, including (without limitation) any Gala Bingo mobile or tablet applications or websites and downloadable poker or casino clients (collectively the "Website").
1.3 These Terms apply equally irrespective of whether the Service is accessed via telephone, desktop browser, mobile browser, mobile, tablet device, or any other device.
1.4 By using the Service (including visiting any element of the Service, by entering any details into the Service or by opening an account to access the Service), You agree that:
1.4.3 You are bound by the applicable rules relating to the games or products You are playing;
1.4.4 You have the mental capacity to take responsibility for Your own actions and can enter into this contract with us, which is enforceable by law;
1.4.5 You are responsible for complying with Your applicable local or national laws and will not access the Service from a country from which we have restricted access for commercial or legal reasons ("Restricted Countries");
1.4.6 The countries from which we accept business is indicated by the drop down list available on account opening forms and can be confirmed by contacting our Customer Services team. We may amend or alter the list of countries from which we accept business. We advise that You should check the list regularly to ensure that You do not access the Service from a Restricted Country.
There is a risk of losing money and You accept full responsibility for such losses.
You will only use the Service for lawful purposes and in a lawful manner, and will conform with all relevant laws and regulations regarding the Service and Your use of the Service.
You will not use the Service (including but not limited to when providing Your details or corresponding with our staff or other Customers) in any way which could be considered defamatory, abusive, obscene, unlawful, racist, sexist, discriminatory, or which could cause offence.
1.5 In addition, as part of these Terms, You agree to be bound by:
1.5.2 Casino and Games Rules;
1.5.3 Games and Casino Help Files;
1.5.4 Unfair Advantage Policy;
1.5.5 General Promotional Terms & Conditions;
1.5.6 General Casino Bonus Terms & Conditions;
1.5.7 ID Verification Policy (UK players);
1.5.8 Any other terms, policies, or rules applicable to the Service;
1.5.9 Any other terms, policies or rules which You are required to confirm Your agreement to as part of the Service.
1.6 Please ensure that You read and understand these Terms prior to using the Service. We recommend that You print out the Terms and store them safely along with all Your confirmation e-mails, hand written correspondence, transaction data, product rules, and payment methods relevant to Your use of the Service.
1.7 These Terms will always take precedence and prevail in the event of any inconsistencies between the Terms and any other content or document referred to and/or which forms part of this Agreement.
1.8 These Terms make reference to specific betting and gaming terminology. If You are unsure about the meaning of any betting or gaming terminology You should contact Customer Services and should not place a bet or game on any event until You are confident that You fully understand the relevant betting or gaming terminology. We do not accept any responsibility, and are not liable to You, if You bet or game using the Service but are unsure of the meaning of any betting or gaming terminology.
1.9 The original Terms are written in English, and any interpretation of them will be based on the English version. The English version will always prevail in the event that the Terms or other related documents are translated into any other language.
1.10 The Terms may be changed for a number of reasons, including but not limited to customer service reasons, complying with applicable laws, regulations or regulatory guidance. Following Your initial acceptance, we will try and ensure that You are notified of any subsequent material updates to the Terms. However, from time to time we advise that You should check the Terms for any updates as Your continued use of the Service will be regarded as acceptance of the latest version of the Terms.
Where we intend to make significant changes we will notify You using an appropriate method of communication at our discretion which may involve:
1.10.1 post; and/or
1.10.2 email (to the email address You have currently supplied us with); and/or
1.10.3 a notice on the Website; and/or
1.10.4 an invitation to accept the new Terms (for example by checking a 'tick box'); and/or
1.10.5 any other appropriate method.
1.11 If You do not accept any changes that have been made to the Terms You should stop using the Service. Any bets or wagers received, but not settled prior to the introduction of the updated Terms, will be subject to the version of the Terms applicable at the time Your bet or wager was received.
1.12 These Terms are effective from 14/04/20 and shall supersede and replace all previous versions.
2.1 References in the Terms to "You", "Your", or "Customer" refers to any person who uses the Service.
2.2 References in the Terms to the "company", "we", "our", or "us" will relate to the relevant operating and licensed members of the Gala Group and (where relevant) other members of the Gala Group in respect of Your use of the Service. "Gala Group" means LC International Limited and (where relevant) its ultimate holding company and any relevant direct and/or indirect subsidiaries thereof from time to time.
The Service is operated by LC International Limited (company number 46808). LC International Limited's address is Suite 6, Atlantic Suites, Europort Avenue, Gibraltar GX11 1AA).
LC International Limited is licensed by the Government of Gibraltar and regulated by the Gibraltar Gambling Commissioner under the Gibraltar Gambling Act 2005 (RGL 010 – Fixed Odds Betting, and RGL 012 - Casino).
For Customers accessing the Service from Great Britain, the Service is licensed and regulated by the Gambling Commission of Great Britain ("Gambling Commission").
2.3 For the purposes of these Terms (and unless otherwise specified), the Gala Group shall include reference to the remote services offered by Gala Casino, Gala Bingo, Coral and any land based services offered by these brands.
3. OPENING AN ACCOUNT
3.1 In order to place bets or play games using the Service, You will need to open an account.
3.2 As part of opening Your account You will be required to provide personal details such as Your name, date of birth, address, telephone number and e-mail address.
3.3 Customers are only permitted to have one account for use on the Service and these personal details supplied for this account will be confirmed through Verification Checks.
3.4 Any other accounts which we have reason to believe are opened or operated by You (in addition to any existing account whether the existing account is active, or frozen or closed for any reason), will be deemed a duplicate account ("Duplicate Account").
3.5 It is Your sole responsibility to ensure that the information supplied to us is at all times both accurate and current, and to advise us of any changes at the earliest opportunity. Failure to do so may cause Your account to be frozen, if any routine Verification Checks raise a difference that we have not been made aware of.
4. ACCOUNT VERIFICATION
4.1 By opening an account, You agree that we may perform verification checks ("Verification Checks").
4.2 As a condition of opening an account You confirm and we are entitled to verify that:
4.2.1 You are over 18 years of age and over the age at which the use of the Service is legal under the law or jurisdiction that applies to You;
4.2.2 You are reminded that it may be a criminal offence for You to participate in gambling if You are under 18 years of age ("Underage") or under the age at which gambling or gaming activities are legal under the law or jurisdiction that applies to You;
4.2.3 You have provided Your correct name and details;
4.2.4 You are resident at the address You have provided to us;
4.2.5 You are not party to a current self-exclusion agreement.
4.2.6 You do not hold an existing account;
4.2.7 Your use of the Service (or other services of the Gala Group) has not previously been terminated for any reason;
4.2.8 You are the legitimate owner of the money which You have deposited into Your account.
4.4 As part of Verification Checks, there may be requests for supporting ID or other documentation or information which You will be advised of at the time.
4.5 We reserve the right to:
4.5.1 freeze Your account; and/or
4.5.2 prevent You from placing any further bets,
whilst We undertake the Verification Checks.
4.6 If, upon completion of Verification Checks, we are unable to verify Your details or You are unable and/or unwilling to provide proof of Your residential address, or other information required to complete verification, we will restrict Account functionality.
4.7 If, upon completion of Verification Checks (or subsequently) You are ultimately proven to be Underage:
4.7.1 Your account will be closed;
4.7.2 Any winnings obtained while using the Service will be retained by us;
4.7.3 All funds deposited by You will be returned by a method determined by us. Any monies already withdrawn will be deducted from the amount returned.
4.8 While Verification Checks are being performed, restrictions may be put in place to prevent the withdrawal of funds from Your account and/or prevent (whether fully or partially) Your access to the Service until Verification Checks have been successfully completed or further action (as above) is taken. Please note that we may decide to carry out further Verification Checks (including requesting extra documents or information) to confirm, without limitation, Your identity, age and address or payment method details at any time. This is to satisfy our licence obligations, routine security checks and to safeguard the integrity of Your account. Failure to provide any documentation or information requested promptly may lead to account restrictions, suspensions and/or closure, retention of funds and disclosure to relevant authorities.
4.9 It is your responsibility to ensure that all details you provide us in satisfaction of our Verification Checks are kept up to date in order to ensure that you are able to receive important account related notifications.
4.10 Any information collated though Verification Checks may be shared within the Coral Group where you have accounts with any of our other brands.
4.11 Customers registering from Great Britain will only be able to access the Services once we have successfully completed the Verification Checks.
5. USERNAME, PASSWORD & CUSTOMER INFORMATION
5.1 The username, password, account number or any other information used to access Your account ("Access Information") must be kept secure and personal.
5.2 We advise that You should be careful when choosing Access Information that may be known by family members, particularly children or anyone under 18. Any third party, including anyone under 18, must not be permitted to use Your account and cannot accept any winnings on Your behalf. Contact us to enquire about filtering software that will be compatible with the Service. See our Responsible Gambling page for more information.
5.3 We will not be liable if You deliberately or accidentally disclose Your Access Information to another person. Further if another person accesses Your account, then bets or wagers placed by another person, or any other account activity by another person, will be considered valid whether this was with or without Your permission. You should contact us in any circumstances where You believe Your account has been compromised.
5.4 If You think Your password may be known by someone else You can change it, at any time, by using the tools available on the Website or by contacting Customer Services;
5.5 Lost or forgotten passwords can be reset using the tools available on the Website, Your mobile device, or by contacting Customer Services at any time, upon successful verification of supplementary account details that You will be asked to supply.
5.6 You should contact Customer Services in the event of any other account access queries.
6. DEPOSITS & WITHDRAWALS
6.1 In order to place bets or play games using the Service, funds must be deposited to Your account. You are only permitted to bet up to the amount deposited in Your account.
6.2 Our Help section details the payment options, and any associated charges, currently offered when You make a deposit or withdrawal from an account.
6.3 Deposits will be held in Your account and You will be able to move seamlessly between the various elements of the Service. When moving between the products on the Service please be aware that You are accepting any specific rules and/or terms relating to the betting or gaming product You are using.
6.4 We reserve the right to alter the types of payment method that are accepted. We reserve the right in our absolute and sole discretion to refuse any type of payment for any reason, regardless of whether previous payments have been processed to or from a particular method, or if that payment method is usually accepted in respect of any Customer.
6.5 You must ensure that You use a payment method which belongs to You and is registered in Your name.
6.6 Where more than one payment method has been used we reserve the right to ensure that payouts are made in accordance with rules designed to minimise fraud. This can include partial payments to previously used deposit types, where applicable.
6.7 Deposits made by bank transfer, debit or credit cards will not be charged by us, although Your payment provider may make a charge. However, You should be aware that some credit card companies regard betting transactions as "cash" and may attach a fixed and/or interest charge from the date of payment. Withdrawals to UK debit cards, credit cards and via bank transfer to UK bank accounts will also not be charged.
UK Customers only
As from 14 April 2020, We will no longer accept deposits using credit cards from customers in the United Kingdom whether directly, or indirectly via an electronic service provider or eWallet
6.8 Bank charges will apply to the transfer of deposits and withdrawals to international bank accounts. Payment of these charges will be Your responsibility and may vary according to the amount of money transferred.
6.9 Customer funds are held in an independent trust account to ensure that they are protected in the event of our insolvency. This meets the Gambling Commission's requirement for the segregation of customer's funds at the HIGH LEVEL of protection. For further information please refer to the Gambling Commission's web site.
6.10 No withdrawal will be processed and funds cannot be withdrawn from Your account until:
6.10.1 Verification Checks have been satisfactorily completed;
6.10.2 payments have been confirmed; and
6.10.3 You have complied with any other withdrawal conditions, specific rules and promotional terms relating to Your use of the Service and/or affecting Your account (for example, any applicable bonus terms).
6.11 Funds may be deducted from withdrawals in compliance with and as required by any applicable regulation or law.
6.12 If the level of deposits and withdrawals does not correspond to a sufficient volume of play, we may decide to pass on associated charges to You. You are responsible for paying any associated charges to us, either on demand or where there are sufficient funds in Your account by debiting these charges from such funds in Your account.
6.13 If Your gameplay leads us to believe that You have been abusing exchange rate fluctuations, we may decide to charge commission on such transactions. Our currency exchange rates will reflect the daily rates published in the Financial Times.
6.14 We reserve the right to freeze and/or close any account which is not being used for the purpose of play on our products. The reasons for this include but are not limited to exchange rate abuse and deposits without corresponding play, as specified above.
6.15 If required, it will remain Your responsibility to report any winnings and losses to Your local law, regulatory, or tax authorities or any other relevant authorities. We will not be liable to such authorities for any payment of Your personal taxes. Please note that regulatory changes in respect of taxation in certain jurisdictions may have an impact on these Terms, and may include the deduction of any applicable levy from Your winnings or withdrawals.
7. PROHIBITED ACTS, BREACHES & ACCOUNT CLOSURE
7.1 The following acts ("Prohibited Acts") are expressly prohibited in relation to Your use of the Service and will constitute a material breach of the Terms:
7.1.1 Use of the Service when Underage;
7.1.2 Fraud or attempt to defraud; (See 'Fraud')
7.1.3 Money Laundering (including where this is linked to terrorist funding);
7.1.4 Involvement in collusion, match rigging, or cheating of any kind (including obtaining any unfair advantage); (See Unfair Advantage)
7.1.5 You are in a jurisdiction (or a citizen of a jurisdiction) that makes the provision of our Service to You or Your use of the Service illegal;
7.1.6 You are trying to use the Service from any other territory where we do not accept custom;
7.1.7 Any other criminal activity;
7.1.8 Bonus or promotional abuse;
7.1.9 Opening Duplicate Account(s).
7.2 Where we have reason to believe that You (or Your account) are connected to Prohibited Act(s), or otherwise we have reason to believe that:
7.2.1 You are connected to Prohibited Acts elsewhere;
7.2.2 You are in breach of the Terms of Your Agreement;
7.2.3 You are or have been subject to any bankruptcy, insolvency, or criminal proceedings; or
7.2.4 You have made any chargebacks, reversals, or cancel or deny any deposits into Your account,
We will have the right at our sole discretion in respect of any Gala Group account held by You to:
7.2.5 Refuse a bet or any part of a bet offered to us;
7.2.6 Void any accepted bets and withhold settlement (there may be other instances where we may void a bet as detailed under the specific event in our rules, or otherwise as instructed by the appropriate regulator or authority);
7.2.7 Temporarily freeze Your account(s) and prevent the use of the Service. Accounts may remain temporarily frozen if any internal or external investigations are ongoing;
7.2.8 Permanently close Your account(s) and terminate this Agreement;
7.2.9 Withhold all or part of Your account balances or stakes (which will be deemed as forfeited by You);
7.2.10 Recover any affected or applicable bonuses, winnings, pay-outs or deposits;
7.2.11 (In respect of 7.2 IV above), seek compensation for any unpaid deposits, including any expenses incurred by us the process of collecting a deposit.
7.2.12 Inform the applicable authorities, regulator, or external parties (including other gambling operators) and supply the relevant Customer information.
7.3 Any monies withheld or recovered may be used to settle any liabilities we incur as a result of Your actions.
7.4 We will not be liable for any loss or damage which You may incur as a result of any Prohibited Acts. You agree to cooperate in any investigation in respect of Prohibited Acts.
Account Closure (By You)
7.5 You can close Your account at any time, so long as monies are not owed to us.
7.6 If You want to close Your account, You should inform us either in writing, via email, fax, or letter, using the details provided in the Contact Us section. Following request, an account closure process will be put in place as soon as is practicable. Any activity on Your account will remain Your responsibility up to the point of actual account closure.
7.7 Should You wish to resume Your use of the Service, You will be required to reactivate the existing account by contacting Customer Services, as You cannot open a new account.
7.8 Once we receive confirmation that You wish to close Your account, if requested, You shall be paid the balance of Your funds currently in Your account by a method of payment determined by us. If at the time of requesting account closure there are still outstanding bets, where the result is not yet known, then if the bet/s subsequently wins the corresponding sums shall be sent, upon request, once the event has been settled.
7.9 We may withhold any outstanding balance or outstanding bet settlements in respect of Your account in accordance with the provisions of section 7, or otherwise as provided by the Terms. Following account closure, any promotional bonuses, benefits or prizes will be forfeited by You.
Account Closure (By Us)
7.10 We have the right to temporarily freeze Your account (preventing Your use of the Service and the provision of promotional benefits) or permanently close Your account as directed by the Terms and/or at any time and for any reason.
7.11 If requested, You shall be paid the balance of Your funds currently in Your account by a method of payment determined by us. If there are still outstanding bets, where the result is not yet known, then if the bet/s subsequently wins the corresponding sums shall be sent, upon request, once the event has been settled.
7.12 We may withhold any outstanding balance or outstanding bet settlements in respect of Your account in accordance with the provisions of section 7, or otherwise as provided by the Terms. Following account closure, any promotional bonuses, benefits or prizes will be forfeited by You.
8. DORMANT ACCOUNTS
8.1 For internal purposes, if You have not accessed and/or not used Your Gala account for a continuous period of 6 months (182 days) your account shall be deemed dormant. This status does not affect your rights or ability to obtain funds in Your account.
8.2 If Your account has not been accessed and/or not used for a continuous period of 400 days or more Your account will be subject to Dormancy Fees. Information on Dormancy Fees may be found in our Help section.
8.3 We will endeavour to make every effort to contact You, using the most recent details that we have been provided by You, with regards to Your account balance before Your account becomes subject to Dormancy Fees.
8.4 When activity resumes on an account which has been inactive for a period we may perform additional security checks to ensure access is legitimate and to safeguard the integrity of Your account. This may result in a request for additional information and/or the temporary suspension of Your account while the checks are carried out, especially if any of Your personal details, payment details or contact information have become out-of-date.
10. PROMOTIONAL OFFERS
10.1 From time to time we offer new and/or existing Customers various promotional offers.
10.2 The terms of these promotional offers will be clearly stated for each individual promotion. It is Your responsibility to ensure that these terms are read and fulfilled by You in order to qualify for the respective bonus, credit or prize, and also to facilitate any subsequent redemption and/or withdrawal. These promotional terms are to be read in conjunction with these Terms (which incorporates our General Promotional Terms and Conditions).
10.3 You are able to withdraw any funds in Your cash balances (this will also include any winnings realised from stakes using Your own funds) at any time. However, please note that in circumstances where You withdraw funds in Your cash balances that are committed and are being used to stake as part of an active bonus/promotional offer:
10.3.1 where the withdrawal amount requested is less than the full amount in the relevant cash balance, we may charge You a reasonable processing fee (reflecting the processing charges we incur) for processing the withdrawal request. This processing fee will be communicated to You when You make Your request to withdraw; and
10.3.2 all corresponding bonus balances and/or bonus pending winnings will be forfeited in full.
10.4 If there is any ambiguity between these Terms and the promotion specific terms, then these Terms will prevail.
10.5 Promotional offers are restricted to one per Customer, unless otherwise stated in the promotional terms.
11. NORMAL "WORKING" HOURS
11.1 Our Customer Service department's standard working hours are as stated in the Contact Us section of the Website.
11.2 We will aim to ensure that the Website is available 24/7, although we will not be liable if any element of the Service is unavailable outside of the stated working hours. Please refer to our Liability section 26 for more detail.
12. PLACING YOUR BETS
12.1 Your ability to place a bet on any product offered on the Service is limited by the amount of money available in Your account. At the time Your bet is placed and accepted, the corresponding stake value is deducted from Your available account balance.
12.2 You must exercise Your own judgement in choosing to place a bet. You acknowledge that in placing Your bet You are not relying on any statement of any of our employees relating to the subject matter of a bet.
12.3 We do not accept responsibility for a bet not being placed for any reason.
12.4 When placing a bet or wager on the Service You must check that the bet instructions are correct before submitting for confirmation. However, with any submission we reserve the right to refuse a bet.
12.5 Unless permitted at our sole discretion, following bet placement and confirmation that a bet has been accepted, the bet may not be cancelled or amended.
12.6 You can confirm if a bet has been processed correctly by referring to the records displayed on Your account or by contacting Customer Services.
12.7 We recommend that You retain a copy of any transaction records, merchant policies and/or our Terms. If at any time there is disagreement regarding the bet details then we will refer to our records of the transaction and base our subsequent decision on this information.
13. VALID BETS AND WAGERS
13.1 A bet or wager is only considered valid following the generation of a transaction identification number ("TIN"), and the deduction of the relevant stake.
13.2 By accepting the Terms, You acknowledge that bet placement is not prohibited by any term of Your employment contract.
14. BREACH OF TERMS
14.1 You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents, contractors and suppliers, harmless immediately on demand, from and against all claims, liabilities, damages, losses, costs and expenses including legal fees, arising out of any breach of the Terms by You or any other liabilities arising out of Your access and use of the Service (or by anyone else using Your Access Information and/or accessing Your account).
14.2 Any breach will be regarded as a material breach and entitle us to terminate our Agreement with You immediately as outlined in section 7. As a result of Your actions we may use monies in Your account to settle any liabilities we may incur.
15. ERRORS OR OMISSIONS
15.1 While every effort is made to ensure there are no errors or omissions in respect of the Service, the nature of human error or system problems means such circumstances may arise. A non-exhaustive list of "obvious errors" is outlined below:
15.1.1 Odds or terms of a bet or game wager have been misquoted as a result of human error (for example, information being inputted incorrectly or markets being set up incorrectly) or due to computer malfunction;
15.1.2 A bet is accepted at a price or market condition which is significantly different from those available in the market at the time the bet was placed;
15.1.3 In the context of normal betting business, and the probability of the event occurring, A bet is accepted at a price which is obviously incorrect;
15.1.4 Bets have continued to be accepted on a market which should have been suspended, or the market has already closed, which are sometimes referred to as "late bets";
15.1.5 The amount of winnings, returns or promotional benefits/bonuses paid to You are miscalculated as result of human error or computer malfunction;
15.1.6 Where winnings are so obviously incorrect or materially different to those available in the market that this is a clear error or omission e.g. Full House Win = £2,500 and One Line Win = £6,000.
15.1.7 An error has resulted from a Prohibited Act;
15.1.8 In accordance with product rules, a bet should not have been accepted, or where we have the right to cancel or re-settle.
15.2 If such circumstances arise, we reserve the right to either:
15.2.1 Correct the error on the bet placed and resettle the bet at the correct price or terms which were (or should have been) available with us when the bet was placed; or
15.2.2 Declare the bet void and return the bet stake to Your account where bet resettlement and correction is not reasonably practicable.
15.3 15.3. If funds are incorrectly credited to Your account as a result of an error or omission (or otherwise any sum is incorrectly credited to Your account):
15.3.1 You are obliged to notify us;
15.3.2 We reserve the right to deduct or reverse ("Reverse") any incorrectly applied funds from Your account;
15.3.3 If You use incorrectly credited funds to place bets, we reserve the right to void all such related bets and Reverse any winnings.
15.4 If incorrect stakes are deducted from Your account:
15.4.1 You are obliged to notify us;
15.4.2 We reserve the right to void all such bets and Reverse any winnings.
15.4.3 If bets are placed using winnings related to bet(s) on which incorrect stakes were deducted, we reserve the right to void such bets placed and Reverse any winnings.
15.5 In respect of Reversals, if no such funds are available in Your account to fulfil a Reversal (for example, where the funds have been withdrawn by You), we reserve the right to recover such funds from You (with interest) on demand. If necessary, we are permitted to off-set any subsequent amounts You deposit or win with us to make good this liability.
15.6 Errors relating to Prohibited Acts will be handled in accordance with section 7 of the Terms.
15.7 We shall not be liable for any loss of winnings (or other loss) following errors or omissions by us or by You.
16. TIME CRITICAL EVENTS
16.1 When You access the Service You should be aware that You may be using equipment or a connection which is not as fast as that used by other Customers. This may have an impact on Your performance in time critical events offered on the Service.
17. COMPLAINTS AND DISPUTES
17.1 In this section any enquiry which refers to the general conduct of the licensed activities, other than the settlement of the transaction itself, will remain categorised as an enquiry through the internal complaints procedure until any escalation to the Head of Customer Services (or another senior member of staff where necessary) at which point the matter will be classified as a "Complaint". Ultimately it will be the response of the Head of Customer Services, where escalated, which represents the final stage of this procedure.
17.2 Where the enquiry refers to the settlement of a betting or gaming transaction, it will become a "Dispute" where:
17.2.1 it is not resolved at the first or second stage of the complaints procedure and is escalated to the Head of Customer Services;
17.2.2 following the response from the Head of Customer Services, the complainant remains dissatisfied and subsequently refers the matter to the applicable external body for adjudication.
17.3 During this process all telephone and e-mail communications with You and any other person may be recorded. If the contents of these communications are disputed, then we will consult these records and these will be key in our decision making process, unless additional evidence is presented.
17.4 During the resolution process You must agree not to reveal the existence or detail of any enquiry, Complaints or Disputes to any third party, which could include discussions in chat rooms or equivalent forums and shall be deemed Confidential Information. In the event of unauthorised disclosure of confidential information, then the resolution process will be put on hold. In these circumstances we will also have the ability to freeze and potentially close Your account.
17.5 The complaints procedure is as follows:
You should initially contact our Customer Support Team and an advisor (the Agent) will investigate the enquiry and respond to it. The Agent will log the call/message and make notes on their response.
Should your enquiry not be resolved at this stage, the matter will be referred to the Agent's Team/ Line Manager. The Team/ Line Manager will review the matter and communicate their decision to you.
If you still remain dissatisfied, the matter may be escalated to the Customer Support Manager, at which time your enquiry will be either recorded as a Complaint, or, where the matter relates to a betting or gaming transaction, a Dispute.
Complaints and Disputes Resolution Policy
17.6 The Complaints and Disputes resolution policy is as follows:
17.6.1 Upon receipt of an escalated enquiry, the Customer Support Manager will obtain a report from the nominated Agent and Line/Team Manager as appropriate and carry out any further necessary investigation and respond to you. The response of the Customer Support Manager represents the final stage of the Internal Complaints and Disputes procedure.
17.6.2 Should you remain dissatisfied in relation to a Dispute, you do have the option to escalate the matter externally via an Alternative Dispute Resolution provider. Please see below for more information.
For customers in Great Britain:
You may escalate the matter externally to the Independent Betting Adjudication Service (IBAS).
The Independent Betting Adjudication Service (IBAS) acts as an impartial adjudicator on disputes that arise between betting and gambling operators and their customers, after they have been through the operator's own internal dispute procedures and if deadlock exists.
The IBAS panel of betting experts apply their specialist knowledge to the facts and will adjudicate by reference to these Terms but do not rule on complex legal issues. As well as offering effective dispute resolution procedures, IBAS also check that we have complied with the standards set by the appropriate regulatory bodies and with the IBAS Terms and conditions of registration. IBAS can be contacted at www.ibas-uk.com or via telephone on +44 (0)207 347 5883 or via post at IBAS, PO Box 62639, London EC3P 3AS. You may refer a dispute to IBAS at any time following the conclusion of our review of the dispute, so long as this is within twelve months of the date when the dispute arose.
You may also use the Online Dispute Resolution (ODR) platform (http://ec.europa.eu/consumers/odr/) to refer your dispute to IBAS, however, if You choose to use the ODR platform You would not be referring Your dispute directly to IBAS and this may then prolong the process of resolving your dispute.
For customers from outside Great Britain:
Our customers, who live and operate their accounts from outside of Great Britain, have the option of raising the matter with the Gibraltar Gambling Commissioner. For further information on how to contact the Gibraltar Gambling Commissioner, please access their webpage by clicking here.
18.1 Fraud means any fraudulent activity committed by You or any person acting on Your behalf or collusively with You, and includes without limitation attempting to register false or misleading account information, colluding in order to gain an unfair advantage (including in respect of promotional benefits), and the use of funds which do not belong to You, including the use of a payment method which is stolen, cloned, or unauthorised.
18.2 We will take the strongest criminal and contractual measures against You if You are found to be involved in fraud. If You are alleged or suspected of fraud we will deny payment to You and notify the appropriate authorities.
18.3 You will be liable to pay us, on demand, all costs, charges or losses experienced by us, as a result of any fraudulent activity by You. This will include any direct, indirect or consequential losses, any loss of profit and loss of reputation, arising directly or indirectly from Your fraud, dishonesty or criminal act.
19.1 An 'unfair advantage' includes, but is not limited to, the following activities:
Collusion occurs when two or more Customers attempt to gain an unfair advantage, over other Customers, by sharing knowledge of games or other information.
For the avoidance of doubt, collusion includes both hard or direct collusion and soft collusion, i.e. where a player acts differently against different opponents within the same game because of external influence.
Unfair Advantage Programs
Unfair Advantage Programs include the use of any application, program or software, or any other advantage by external factors to automatically play. This includes, without limitation, a robot ("Bot") when using the Service. Read more about our specific poker related policy "Unfair Advantage Policy"
The software employed to both access and use the Service contains certain features designed to detect the use of any application, program or software enabling automatic play.
This includes taking advantage of any fault, error or loophole in the Service (including in respect of any game) or in respect of any errors or omissions.
Any mechanism which provides a Customer with an unfair advantage and/or puts other players at a disadvantage and goes against our Terms.
Any suspected unfair advantage may be reported to Customer Services.
Where possible, registered complaints will be investigated against Customers suspected of gaining an unfair advantage. If we are made aware of suspected behaviour, during play, we may at our sole discretion decide to terminate suspected Customers' access to the Service and/or freeze their accounts. However under no circumstances will we be liable for any loss experienced by You as a result of the collusive, unlawful, or unfair activity of any person using the Service or software.
20. RESPONSIBLE GAMBLING
20.1 We recognise that although for most gambling is fun, for others it can become a problem. You can review the assistance and (as relevant) controls available and understand just how seriously we take this issue on our Responsible Gambling page.
20.2 We provide a self-exclusion facility for those wanting to control their gambling. Self-exclusion is a formal process whereby You request us to prevent You from being able to access Your account and the Service for a specified period.
20.3 The terms applicable to self-exclusion, and more information about how to request the facility can be found on our Responsible Gambling page and from Customer Services.
20.4 It is important that You are aware of the following self-exclusion terms:
20.4.1 You cannot revoke, rescind or withdraw a self-exclusion agreement prior to the stated expiry date. New accounts of any kind may not be opened with regards to the brand(s) selected in your self-exclusion request.
20.4.2 During Your self-exclusion period, we will take reasonable steps to ensure that You will no longer receive marketing materials. We will also employ reasonable automated checks to endeavour to ensure that You can no longer transact with any remote accounts affected by your self-exclusion request.
20.4.3 During Your self-exclusion period, You have an equal undertaking not to seek to circumvent the self-exclusion agreement by entering or continuing (or asking a 3rd party on Your behalf) to participate in gambling and betting services that are affected by your self-exclusion request.
20.4.4 During Your self-exclusion period, in the event (or in circumstances that are beyond the Gala Group's reasonable control):
184.108.40.206 You inadvertently receive marketing material and You continue gambling as a result; and/or
220.127.116.11 You circumvent Your self-exclusion agreement by (including but not limited to
(a) continuing to gamble; or
(b) by opening and operating new accounts; and/or (iii)
(c) automated checks and/or IT or software programmes fail to recognise any attempt by You to circumvent Your self-exclusion:
i. The Gala Group shall have no responsibility or liability to You or any third party and is therefore under no obligation to return any deposits, winnings, or other funds in respect of such activity online.
20.5 Other facilities to help You manage Your gambling and the applicable Terms are included on our Responsible Gambling page.
20.6 We will take all reasonable measures to ensure that any limits (for example, deposit, time or spend) set to help manage Your gambling are observed. However, we will not be liable to You if You circumvent our procedures and continue activity beyond the terms of any limits set.
20.7 Online “GAMSTOP” Self-Exclusion Service
20.7.1 In addition to our own internal self-exclusion facility detailed in paragraph [20.2], we are registered with the self-exclusion service provided by The National Online Self Exclusion Scheme Limited (“GAMSTOP”). Successfully registering with the GAMSTOP self-exclusion service will prevent you from accessing all online gambling websites and apps run by companies licensed as members of the service. You can find out more details about the GAMSTOP self-exclusion service by visiting www.gamstop.co.uk.
20.7.2 In circumstances where you successfully register to use the GAMSTOP self-exclusion service, we will take all reasonable steps, whilst your self-exclusion is “active”, to prevent you from accessing your online accounts, or opening new online accounts, using our online gambling website, telebetting service and apps (this will also include opening/accessing accounts in-shop in circumstances where these accounts are linked to your online accounts).
20.7.3 We are only able to operate self-exclusion under the GAMSTOP self-exclusion service on the basis of information you provide to GAMSTOP as part of your registration to use the GAMSTOP self-exclusion service. We will not be responsible for any failure on our part to spot any errors made by you or GAMSTOP when providing this information.
20.7.4 You are reminded that it is in your interests to provide GAMSTOP with truthful and accurate details, consistent with those which you use/have used to set up any online accounts with us. It is your responsibility to keep the information provided to GAMSTOP up to date. We will not be responsible for you failing to keep this information up to date.
20.7.5 The GAMSTOP self-exclusion service will only prevent you from accessing those online accounts that match the details you have provided to GAMSTOP as part of your self-exclusion application. Similarly, the GAMSTOP self-exclusion service will only prevent you from opening new online accounts where the personal information you provide to us matches the details you have provided to GAMSTOP as part of your self-exclusion application. We will not therefore be responsible for failing to prevent access to your online accounts or prohibiting the opening of new online accounts, in circumstances where inaccurate, inconsistent and/or incomplete information is provided to us and/or GAMSTOP.
20.7.7 To ensure that you get the full benefit of the self-exclusion facility available under the GAMSTOP self-exclusion service, you are advised to also contact the online gambling operators you use to confirm that your application to register with the GAMSTOP self-exclusion service has been successful. You can contact us by email at the following address: email@example.com
20.7.8 When contacting us to confirm that your application to register with the GAMSTOP self-exclusion service has been successful, please confirm the following information (you are reminded that the information you provide to us and GAMSTOP must be accurate, consistent and complete to ensure you can fully benefit from the GAMSTOP self-exclusion service):
18.104.22.168 online account username;
22.214.171.124 address; and
126.96.36.199 date of birth.
20.7.9 By contacting us to confirm that your application to register with the GAMSTOP self-exclusion service has been successful, we will be able to put in place measures and arrangements for the following:
20.7.10 subject to our rights under any terms and conditions you have agreed with us permitting us to withhold any funds from your online accounts, the full balance of your online accounts will be returned to you within 10 working days via the current active payment method linked to your online accounts (albeit please note that in circumstances where you have any outstanding bets in place at that point at which your self-exclusion takes effect on our operating systems, due to the outcome not yet being determined, any potential returns due from these bets will be returned within 10 working days of the outcome being decided); and
20.7.11 you will not receive from us any direct online marketing materials in relation to our online products, promotions and/or services.
20.7.12 After expiry of the minimum exclusion period agreed between you and GAMSTOP, you will be required to contact GAMSTOP direct to arrange for your self-exclusion to be deactivated. Whilst GAMSTOP make every effort to deactivate your self-exclusion as soon as possible, this cannot be guaranteed. Please note that we cannot process deactivation on your behalf. All requests to GAMSTOP for deactivation of your self-exclusion will also be subject to a 24 hour “cooling-off” period. Once your self-exclusion has been successfully deactivated, you will be able to access your online accounts/open new online accounts with us. In circumstances where you do not contact GAMSTOP to deactivate your self-exclusion after the period of exclusion you have agreed with GAMSTOP expires, your self-exclusion will continue for a further 7 years, after which the self-exclusion will be deactivated.
20.7.14 Having implemented reasonable checks and safeguards to ensure that whilst you are self-excluded under the GAMSTOP self-exclusion service you cannot access an existing online account or open a new online account with us, we cannot be held liable to you or any third party if you are able to continue to gamble using our online gambling website, telebetting service and/or apps (this will also include opening/accessing accounts in-shop in circumstances where these are linked to your online accounts).
20.7.15 In addition, in no circumstances will we be liable to you or any third party if you are able to access your online accounts or open new online accounts during a period of self-exclusion under the GAMSTOP self-exclusion service for reasons outside of our reasonable control. This will include circumstances where the operating systems utilised by GAMSTOP fail to properly and/or instantaneously identify you and/or your online accounts as subject to self-exclusion when you attempt to use our online gambling website, telebetting service and/or apps (this will also include when you try to open/access accounts in-shop in circumstances where these are linked to your online accounts).
21. IT FAILURE
21.1 In the event of any unexpected system flaws, faults or errors relating to the software or hardware serving the Service we will make reasonable endeavours to resolve the problem within an acceptable time-frame.
21.2 If Your play has been interrupted for some reason, please refer to the following policies for each product and the interruption provisions within:
Casino and Games Rules
21.3 We shall not be liable to You if (without limitation):
21.3.1 account settlement (or other elements of the Service) issues arise as a result of systems' errors, communications' errors, bugs or viruses; or
21.3.2 damage to Your computer equipment or software results in a loss of data by You.
21.4 We also reserve the right to void all affected games and take necessary action to correct such errors. However we are not required to provide any back up network and/or systems or similar services.
21.5 You agree that we shall not be responsible for any loss, including loss of winnings, resulting from the Service failing to operate correctly because of, but not limited to the following:
21.5.1 any delay or interruption in operation or transmission;
21.5.2 system failures, software error bugs, viruses or other faults (including errors or omissions in content);
21.5.3 any loss or corruption of data or communication or lines failure;
21.5.4 any person's misuse of the Service (including content of the Service); or
21.5.5 any other factors beyond our control.
22. ALTERATION OF THE SERVICE
22.1 To ensure the continued provision of the Service, and dependent on our good judgement, we may at any time decide to carry out software maintenance or modify the Service.
22.2 As a result of maintenance requirements and/or a change to the Service, we may restrict, from time to time, Your access to the Service (in whole or in part). We will try, although we cannot guarantee, to undertake these modifications or maintenance requirements during times which minimise the impact upon our Customers.
23. THIRD PARTY SOFTWARE
23.1 To enable the use of certain third party products on the Service, the required software will need to be made available to You. We will licence, or sub-licence, this software to You depending on whether or not it is owned by a third party.
23.2 By using the Website You agree that You have accepted the terms of our third party's END USER LICENSE AGREEMENT in addition to these Terms. However if there is any inconsistency between these Terms and any third party's END-USER LICENSE AGREEMENT, these Terms will prevail.
24. EVENTS OUTSIDE OUR CONTROL
24.1 If events occur which are outside our reasonable control then we will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms. If any such events should arise our obligations will be suspended for the duration of the applicable event. The time for performing these obligations will then be extended by a period commensurate to the duration of such event. We will use our reasonable endeavours to resume normal operations despite the occurrence of any such event.
25.1 You acknowledge and agree that Your access to and use of the Service, is at Your sole option, discretion and risk.
25.2 You further acknowledge that Your access to and use of the Service is permitted solely in strict accordance with the terms of this Agreement and that any winnings will only be paid if won in accordance with the terms of this Agreement. We will not be liable to You for if You attempt to use the Service using methods not permitted by us or if You are otherwise in breach of this Agreement.
25.3 We will try to operate the Service using reasonable skill and care and substantially as described in these Terms. You acknowledge and accept that the Service is provided "as is". NO WARRANTIES OR REPRESENTATIONS ARE THEREFORE APPLICABLE TO ANY SUBSEQUENT FAULTS AND FAILINGS.
25.4 ANY REPRESENTATION, WARRANTY, CONDITION OR GUARANTEE WHETHER EXPRESS OR IMPLIED (INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF SATISFACTORY QUALITY, FITNESS FOR PURPOSE, COMPLETENESS OR ACCURACY, UNINTERRUPTED PROVISION, OR NON-INFRINGEMENT OR WARRANTY THAT THE SERVICE WILL BE TIMELY, SECURE OR ERROR FREE OR THAT THE SERVICE OR APPLICABLE SERVERS ARE FREE OF VIRUSES, BUGS OR OTHER MALICIOUS PROGRAMS OR THAT THEIR USE WILL MEET YOUR REQUIREMENTS) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.
26.1 Other than our obligation to pay You winnings which have been genuinely won in accordance with the terms of this Agreement and subject always to our rules, our maximum liability to You arising out of or in connection with Your access to and use of the Service and/or these Terms whether for breach of contract, or tort (including negligence) or otherwise will be limited:
26.1.1 in respect of a single transaction in relation to which the liability in question has arisen, to the amount of bets or stakes placed by You from Your account in respect of such transaction;
26.1.2 in relation to any product in any period to the greater of:
188.8.131.52 the amount of bets or stakes placed by You from Your account in relation to such product during such six month period; or
184.108.40.206 Ten thousand pounds sterling (£10,000).
26.2 Under no circumstances will we be liable to You in contract, tort (including negligence), breach of statutory duty or otherwise under or in connection with this Agreement, Your use of, or inability to use, the Service, any of our chat rooms or any software, materials or other information on our the Service, or any goods, materials or services available from there, for:
26.2.1 any injury, loss, claim (other than pursuant to term 26.1) loss of profits, opportunity or revenue, loss of business or agreements, loss of goodwill, loss of use or corruption of software, loss or corruption of data or loss of anticipated savings;
26.2.2 loss or damage to property, or injury;
26.2.3 general damages or any direct, indirect, special, incidental, consequential, exemplary or punitive damages of any kind.
The above conditions are applicable even if such losses are foreseeable or if we have been notified by You of the possibility of such losses arising.
26.3 You specifically acknowledge, agree and accept that we are not liable to You for the following:
26.3.1 any defamatory, offensive or illegal conduct of any Customer or third party;
26.3.2 any loss, including any loss of winnings, arising from the use, abuse or misuse of Your account or the Service, whether by You or a third party;
26.3.3 any loss, including loss of winnings, incurred in the sending of information to the Service by You or by a third party;
26.3.4 IT failures which are caused by the hardware or software equipment which You or other players are using to access the Service;
26.3.5 acts or omissions by Your internet service provider or other third party with whom You have contracted to gain access to the Service or the internet generally;
26.3.6 any technical failures, system breakdowns, defects, delays, interruptions, manipulated or improper data transmission, loss or corruption of data, communications' lines failure, distributed denial of service attacks, or bugs or viruses or any other adverse technological consequence to service;
26.3.7 the accuracy, completeness or currency of any information services provided including without limitation, prices, runners, times, results or general statistics or any live scores, statistics and intermediate results shown on or provided by the Service;
26.3.8 any failure on our part to observe any self-exclusion policies that we may reasonably have in place from time to time and any failure on our part to interact with You where we may have concerns about Your activities;
26.3.9 any link contained, or the website or content contained, on any internet sites linked to and from the Service.
26.4 Nothing in these Terms shall operate so as to exclude or restrict our liability for death or personal injury caused by our negligence, or for fraud.
27. INTELLECTUAL PROPERTY
27.1 You acknowledge and agree that the following intellectual property rights which include but are not limited to Intellectual Property on the Service, in our e-mails and in any other correspondence, shall at all times remain vested in us or our licensors:
27.1.1 any trademarks, logos and trade names;
27.1.2 domain names, database rights and all related software, including content published or used on it.
27.2 All materials, including (but not limited to) design, text, graphics, music, sound, photographs, video, including their selection and arrangement, software compilations, underlying source code and software in relation to the Service are the copyright of a member of the Gala Group, or its applicable licensors.
27.3 You are granted a non-exclusive, non-transferable, revocable, personal licence to such intellectual property rights for the sole purpose of displaying the Service on Your personal computer (or other device) and for transacting with it in strict accordance with these Terms. Any other use of such material and content ("Material") is strictly prohibited. In particular You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit, tamper with or create derivative works of such material.
27.4 If any of the Service material is downloadable or can be printed, then such material can only be downloaded to a single personal computer (or other device) and hard copies may only be printed for Your own personal and non-commercial use. No right, title or interest in any downloaded materials or software is transferred to You by downloading.
27.5 You may not transfer, copy, reproduce, distribute, exploit or make any other use of this Service material other than to display on Your device screen or to view the content on a print out. Our Service must not be linked to any other website without our permission.
27.6 In order to use some parts of the Service You may need to download software. Applicable third party terms are detailed in the Third Party Software section.
27.7 The licence granted to You to use any software or products on or available from the Service, whether obtained electronically or by other means, shall automatically terminate if You attempt to or reverse engineer, counterfeit, mutilate, forge, alter or otherwise tamper with the same in any way, or You are otherwise in breach of these Terms.
27.8 In addition, any use by You or a third party of the Service which is illegal, mechanically or electronically reproduced, if not obtained through legitimate channels or if such use contain printing, production, typographical, mechanical, electronic or any other errors shall be in breach of this Agreement.
27.9 We will not be liable to You for any losses nor be liable to pay You any winnings if we have reasonable cause to believe that You have engaged in any activity prohibited by this term 27.
28. CONFIDENTIAL INFORMATION
28.1 The Website and Service includes non-public and confidential information, which is secret and valuable to us and/or any third parties i.e. software suppliers ("Confidential Information"). You agree, as long as You use the Services (including Websites) and thereafter, to: (a) keep all such Confidential Information strictly confidential; (b) not to disclose such Confidential Information to a third party; and (c) not to use such Confidential Information for any purpose other than participating in the online games and services provided via the Service. You further agree to take all reasonable steps at all times to protect and keep confidential such Confidential Information.
29. GOVERNING LAW AND JURISDICTION
29.1 This Agreement and all other additional terms are governed by the laws of England and Wales.
29.2 The courts of England and Wales shall have the exclusive jurisdiction to settle any disputes relating to these Terms. All other disputes should be dealt with by our Complaints and Disputes procedure.
30.1 If we do not enforce the carrying out of any of Your obligations or if we do not apply any of our permitted rights or remedies we shall not be prevented from enforcing such rights or remedies or requiring You to fulfil Your obligations moving forward.
31.1 If any of these Terms are deemed unlawful, void or for any reason unenforceable then they shall be severable from the rest of these Terms. Any Term/s which is deemed severable shall not affect the validity and enforceability of the remaining Terms.
32. ADDITIONAL TERMS
32.1 These Terms, and all the associated documents referred to in these Terms, comprise the entire Agreement between us and supersede all prior communications and understandings relating to the subject matter of our relationship.
32.2 A verbal or written declaration by any employee or agent of the Gala Group should not be regarded as a variation of these Terms or an authorised statement relating to product or service quality. We shall have no liability to You for any unauthorised statement except where fraud or fraudulent misrepresentation can be demonstrated.
32.3 No person other than members of the Gala Group shall have the right to enforce these Terms or bring an action under the Contracts (Rights of Third Parties) Act 1999.