Terms and Conditions
TERMS & CONDITIONS
Version 2.2 dated 21st February 2012
In order to register with us and use this Website, You will need to accept these terms and conditions during the registration process. Once You have registered, You will be able to check for any changes to these terms and conditions. Any use of the Site by You after any amendments or modifications to these terms and conditions shall constitute Your acceptance of the most current version of these terms and conditions and the amendment of the Agreement between us to incorporate such amended terms and conditions.
Once accepted, these terms and conditions, together with the Prize Draw Rules and Privacy Policy and any additional terms referred to below, constitute a legally binding agreement between Genting Alderney Limited (hereinafter referred to as “GA”), trading under the brand name of pchprizes.co.uk, and You (hereinafter referred to as “Agreement”). Publishers Clearing House (U.K.) Limited Liability Company (“PCH”) is a brand licensor, service provider for the Website and third party beneficiary of this Agreement, and entitled to all the benefits of the Contract (Rights of Third Parties) Act 1999 with respect hereto, and shall be presumed to have relied on the terms of this Agreement and its rights under the Act in entering into contractual relations with GA. Any rights and powers, or disclaimers of warranties and other obligations, or limitations on liabilities and other obligations, rights to indemnification, and any other provisions in the Agreement expressly stated to apply to Us, shall apply equally to PCH, regardless of whether or not PCH is expressly mentioned herein below. Please read this Agreement carefully and make sure You fully understand its contents. If You have any doubts about the rights and obligations resulting from this Agreement, consultation with an appropriate lawyer in Your jurisdiction is advised. If You do not agree with any of the terms of this Agreement, do not click the “I Agree” button during registration and do not continue to use the Website. By clicking the “I Agree” button You acknowledge that You have read and agree to be bound by the terms and conditions of this Agreement, any terms and conditions relating to any promotions you participate in (including but not limited to the Promotions and the Official Rules for the prize draws offered on the Site) and Our Privacy Policy laid out at :
http://www.pchprizes.co.uk/terms-conditions/
http://www.pchprizes.co.uk/privacy/
Also, by clicking the “I Agree” button, You agree to enter into this Agreement via electronic means and waive any rights or requirements under the Applicable Laws, or regulations in any jurisdiction, which require a signature.
If You do not agree with any of the terms of this Agreement, do not click the “I Agree” button and do not continue to register with the Website, install or otherwise use the Software.
1. DEFINITIONS
The following words and terms, when used within this Agreement, shall have the following meanings, unless the context clearly indicates otherwise.
Applicable Laws
Any laws and associated regulations relating to the access, use, advertisement and promotion of online gambling including the making of deposits and receipt of payments from the Online Casino and/or associated websites that are applicable to You in the country where You are present and, if different, from which such activities are conducted or otherwise which are applicable to You and / or the conduct of the gambling and associated activities;
Deposits
Any funds deposited by You to Your Player Account either directly or indirectly via a Payment Method;
Online Casino
GA’s internet gaming system on the Website and related services and gaming activities as offered and listed at http://www.pchprizes.co.uk including, but not limited to, online casino, bingo and/or any other games, where applicable and excluding Promotions (defined in Clause 3.3 below);
Payment Method
A payment system provided by a third party;
Player Account
A personal account opened by an individual and maintained with GA to enable that person to play games on the Online Casino;
Software
The software licensed to GA in relation to the Online Casino including any program or data file or any other content derived there from;
Username and Password
The username chosen by You on registration with the Website and Online Casino and the password chosen by You;
Us/We/Our
GA / GA’s;
Website or Site
http://www.pchprizes.co.uk and any related sites accessible via links from http://www.pchprizes.co.uk or other access method from http://www.pchprizes.co.uk
Withdrawal
Any transfer of funds from Your Player Account to You either directly or through a Payment Method provider;
You
The party other than GA entering into this Agreement to use the Online Casino and the Website.
Systems Malfunction
A Systems Malfunction means when the Online Casino or Website malfunctions and gives erroneous results due to software or network control breakdowns or other unforeseen reasons which may or may not be outside the control of GA or the Software Provider; including systems malfunction caused by malicious (internet) attacks on the Online Casino or Website by third parties, including but not limited to attempts to overload the systems or the introduction of a virus to the systems or any other means.
2. SUBJECT MATTER OF AGREEMENT
This Agreement covers the arrangements between You and Us in relation to Your use of the Online Casino and Website, either for playing play-for-real or play-for-fun games and enter free prize draw and instant win games.
3. LEGAL REQUIREMENTS
GA is a company incorporated under the Laws of Alderney. GA is regulated for the purpose of owning and operating an online casino with a website at http://www.pchprizes.co.uk. The casino games on the Website are conducted under a Category 1 eGambling licence issued by the Alderney Gambling Control Commission under Section 7 of the Alderney Gambling Ordinance, 2009.
3.1 GA is a limited company registered in Alderney. Its registered office is at Millennium House, Ollivier Street, St Anne, Alderney GY9 3TD. GA is a wholly-owned subsidiary of Genting Singapore Plc. GA is licensed to conduct online casino games under an online Gambling Licence issued by the Alderney Gambling Control Commission. All bets placed through this site are placed with GA.
3.2 PCH is a limited liability company organized under the law of the Delaware. Its principal offices are located at 101 Winners Circle, Port Washington, NY 11050, United States of America. PCH is responsible for the free prize draws and instant win games available on the Website (together, “Promotions”). Any inquiries and complaints concerning these Promotions and the portions of the Website devoted to them should be directed to Customer Service found on the Help tab on the Website. PCH is not responsible or answerable to You for any matters related to the play-for-real games or play-for-fun games or online gambling opportunities available on the Online Casino or elsewhere on the Website.
3.3 You can only use the Online Casino and/or the Website if You are the legal age as determined by the Applicable Laws. You cannot use the Online Casino and/or the Website if You are under 18 years of age in any circumstances. GA reserves the right to suspend Your Player Account until satisfactory proof of age and identity is provided.
3.4 Some legal jurisdictions have not addressed the legality of online gambling and others have specifically made online gambling illegal. We make no representation or warranty with respect to the legality or otherwise of: (i) the access to and use of the Online Casino and/or the Website; and (ii) the making of Deposits to the Online Casino, and receipt of any winnings from them, under any Applicable Laws. The Online Casino is not open to U.S. citizens, U.S. residents or anyone else subject to U.S. jurisdiction while using the Site, and all such persons are expressly prohibited from accessing the Online Casino.
3.5 We do not intend that anyone should use the Online Casino and/or the Website where such use is illegal. The availability of the Online Casino and/or the Website does not construe an offer or invitation by Us to use the Online Casino and / or the Website in any country in which such use is illegal. Use of the Online Casino and / or the Website is void wherever prohibited by any Applicable Laws. Any winnings from such illegal use of the Online Casino and / or the Website will be void.
3.6 You accept sole responsibility for determining whether Your use of the Online Casino and / or the Website is legal under any Applicable Laws. If in doubt, consultation with an appropriate lawyer is advised.
3.7 We reserve the right to inform the other online casino operators, service providers, banks or financial institutions, credit card companies, payment systems providers and relevant authorities of Your identity and of any suspected unlawful, fraudulent or improper activity and You shall extend Your full cooperation in the investigations of such matters.
3.8 You are entitled to exclude Yourself from gambling in the Online Casino. Self exclusion lasts for a minimum of six months and means that Your Player Account will be deactivated and You are not permitted to create a new account during that time. When self exclusion is implemented, We will refund the balance in Your Player Account to You. Please send requests and enquires about self exclusion to .(JavaScript must be enabled to view this email address) .
4. LICENCE TO USE SOFTWARE
4.1 We hereby grant to You a personal, non-exclusive, non-transferable right to use the Software, for playing in the Online Casino, in accordance with the following provisions:
4.1.1 The licence to use only applies to the object code of the Software which has been compiled and/or assembled into a machine executable code and does not grant You any rights whatsoever with respect to the source code of the Software.
4.2 This licence is not applicable to certain excluded jurisdictions (which include but not limited to the United States of America, Israel, Antigua and Barbuda, Switzerland, Netherlands Antilles, The Netherlands, Estonia, Cyprus, Bulgaria, Hong Kong, the Philippines, Belarus, Italy, Australia, Singapore, China, Taiwan, Malaysia, Turkey, Palestine, France, South Africa, Syria, Sudan, North-Korea, Libya, Austria, Belgium, Canada, Germany, Greece, Norway, Poland, Portugal, Russia, Spain and any other jurisdictions where internet gaming is prohibited by law) in which You should not be present when accessing and/or using the Online Casino or the Website including but not limited to the making of Deposits or receiving of any Withdrawal. Any use of the Online Casino or the Website and associated services is at Your sole option, discretion and risk. It is Your responsibility to determine the Applicable Laws to ensure that You will be acting legally in using the Online Casino and the Website and associated services.
4.3 You are not permitted to or to assist others to:
i) install or load the Software onto a server or other networked device or take other steps to make the Software available to any person via any form of network, “bulletin board”, online service or remote dial-in or any other services such as application service provider services, internet services, time-sharing services, outsourcing services, bureau services or other similar services;
ii) sub-license, assign, rent, lease, loan, transfer or copy (except as expressly provided elsewhere in this Agreement), your licence to use the Software or make or distribute copies of the Software;
iii) modify, create derivative works based on, or otherwise modify, or (in each case except where and to the extent expressly permitted by law) translate, reverse engineer, decompile or disassemble, the Software;
iv) copy or translate any user documentation provided ‘online’ or in electronic format;
v) enter, access or attempt to enter or access or otherwise bypass Our security system or interfere in any way (including but not limited to, by use of robots and similar devices) with the Online Casino and / or the Website or attempt to make any changes to the Software and/or any features or components thereof.
4.4 You agree that You do not own the Software. The Software is owned and is the exclusive property of the licensor, a third party software provider company (the "Software Provider"), or the Software Provider’s licensors. You acknowledge that the Software includes certain open source software, public source software, shareware and/or freeware ("Open Source Software"). The Software and accompanying documentation which have been licensed to Us are protected throughout the world by copyright law and (other than the Open Source Software) are proprietary products of the Software Provider. Your use of the Software does not give You ownership of any intellectual property rights in the Software. This Agreement only grants a licence to use the Software on the terms of this Agreement.
4.5 Any trademarks, service marks and/or trade names and any other intellectual property including, but not limited to, copyright, service mark, trade secret and/or patents used by Us or PCH on the Website from time to time (the “Trade Marks”) and Website content such as, but not limited to images, pictures, graphics, photographs, animations, videos, music, audio, text (the “Site Content”) belongs to Us or PCH or Our or PCH’s affiliates or licensors. The Trade Marks and Site Content are protected by copyright and/or other relevant intellectual property laws and regulations. You hereby acknowledge that You obtain no rights whatsoever in or to use the Trade Marks or the Site Content unless written permission signed by an authorised representative of GA is granted by Us. You agree to use this Website for Your own personal use only and shall not copy, duplicate, display, transmit, distribute, modify, reverse engineer or prepare derivative works of all or any portion of this Website, or other aspect of the associated services or the Promotions, for any purpose unless We give You express written permission
4.6 The Software is provided “as is” and, to the maximum extent permitted by law, without any warranties, conditions, undertakings or representations, express or implied, statutory or otherwise. GA and the Software Provider as well as Our and their respective affiliates and related parties hereby exclude, to the maximum extent permitted by law, all implied terms, conditions and warranties (including without limitation any warranty of merchantability, satisfactory quality and/or fitness for any particular purpose). Neither we nor the Software Provider warrants that the Software will meet your requirements.
4.7 Further, We and the Software Provider as well as Our and their respective affiliates and related parties do not warrant or guarantee that the Software will be non-infringing or that the operation of the Software will be error-free or uninterrupted or that any defects in the Software will be corrected, or that the Software is virus-free or that use by You of the Software with any inappropriate software or inappropriate hardware will not cause any disturbance to the Software or such other software or hardware.
4.8 In the event of communications or system errors occurring in connection with the settlement of accounts or other features or components of the Software neither We nor the Software Provider nor Our or their respective affiliates or related parties will be liable to You or to any third party for any costs, expenses, losses or claims arising as a result of such errors. We further reserve the right, (but are not obliged to do so), in the event of such errors to remove and/or suspend all relevant games from the Software and the Website and to take any other action We consider necessary to correct such errors.
4.9 The Software may include confidential information which is secret and valuable to the Software Provider and/or Us. You are not entitled to disclose that confidential information or to use it other than strictly in accordance with the terms of this Agreement.
5. PROPRIETARY RIGHTS
All or portions of the Website are proprietary to Us or PCH and are protected by intellectual property laws and treaties, including, but not limited to, copyright, trademark, service mark, trade secret and/or patent laws. You agree to use the Website for Your own personal use only and shall not copy, duplicate, display, transmit, distribute, modify, reverse engineer or prepare derivative works of all or any portion of the Website, or other aspect of the associated services or the Promotions, for any purpose unless We give You express written permission to do so.
6. RULES FOR THE PRIZE DRAWS AND INSTANT WIN GAMES
Any Promotions made available through the Website may be governed by specific rules that are separate from this Agreement. By participating in any such Promotions You will become subject to those rules, which may vary from the Terms and Conditions set forth herein. We urge You to review any applicable rules, which appear in connection with the particular Promotion in the Official Rules and Privacy Policy, which are incorporated by reference herein. See the Official Rules and Privacy Policy for details and additional information.
7. PUBLICITY AND LICENCES
7.1 Your acceptance of any prize from the Online Casino, whether it be cash or prize points shall, unless prohibited by law, also constitute a grant to Us of the right to print, publish, broadcast and use, worldwide, in any media now known or hereafter discovered and at any time, Your name, location, picture, voice, likeness and/or biographical information for promotional purposes without additional compensation and without additional consent, the amount of any prize and the details of how it was won and/or any quotation, statement, image or other content that You are willing to provide about this Site or the Promotions that We, in Our sole discretion, may wish
7.2 By using this Site and participating in the Promotions, You hereby give PCH the right, without any obligation to compensate You, to publish, disclose, use, reproduce, exhibit, display, print and/or distribute Your first name, first letter of the last name, location, the amount of any prize and the free prize draw or instant win game from which it was won and/or any quotation, statement, image or other content that You are willing to provide about this Site or the Promotions that PCH, in its sole discretion, may wish.
7.3 By submitting any content to this Website, You grant to Us a perpetual, unlimited, irrevocable, royalty-free, non-exclusive, assignable and worldwide license to make, copy, perform, publish, display, distribute, transmit, translate, modify, prepare derivative works from and use such content in any form, media or technology now known or hereafter developed. You also agree to waive and never assert any moral rights that You may have in or to any content submitted to Us.
8. SECURITY
8.1 We only allow access to games on the Online Casino or Website through secured networks using encryption of the Username and Password. You cannot play games on the Online Casino or Website without passing Our customer security login.
8.2 You may not use the Online Casino or Website for any commercial use or on behalf of another person. Any use of the Online Casino or Website by You is for Your own private purposes only.
8.3 You may only have one Player Account, for which You must register using Your own, correct name and each Player Account shall only have one personal single account-holder with one domestic household address.
8.4 You must keep Your Username and Password confidential and must not disclose them to anybody. You are responsible for all transactions conducted in relation to Your Player Account using Your Password. Every person who identifies him/herself by entering Your correct Username and Password is assumed by us to be You and all transactions where the Username and Password have been entered correctly will be regarded as valid. We will neither be responsible for any unauthorised access to Your Player Account nor liable for any losses incurred thereof.
8.5 You may not use anyone else’s Username or Password, and You must not use any other person’s Player Account or means of payment to access the Online Casino or the Website.
8.6 We are using advanced methods for the encryption of the Username and Password information, and any other sensitive information transferred to and from the client application and Our servers, thus securing the player and Us against manipulation attempts by a third party. You must not break in, access or attempt to break in or access or otherwise by-pass Our security. If We have a suspicion that You have attempted to or may be attempting to break in, access or otherwise by-pass Our security, We will be entitled to terminate with immediate effect Your access to the Online Casino and / or Site and/or have Your account blocked, and We reserve the right to inform the applicable authorities.
8.7 You agree that You will not use, implement or employ, or directly or indirectly aid, encourage or solicit anyone else to use, implement or employ, any automated or manual device, process or program (including without limitation any robot, scripting, spider, spyware, adware, etc.) that is designed to or does in fact: (i) monitor, observe, track, gather, collect, copy or transmit any of the content, data or user information contained on this Website; (ii) deliver promotional, advertising, marketing, commercial or non-commercial material to Users (e.g. pop-up advertisements) without Our express written permission; (iii) interfere, circumvent or encumber, or attempt to interfere, circumvent or encumber, the operation or administration of this Website; or (iv) obtain extra entries, prize points, cash winning or any other improper or unfair advantage in the Promotion or Online Casino game. We reserve the right to terminate the online portion of the Promotion or Online Casino game if We or PCH determine in our discretion that the Promotion or Online Casino game is incapable of running as planned for any reason, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other cause beyond Our or PCH’s control which corrupts or affects the administration, security, fairness, integrity or proper conduct of the Promotion or Online Casino Game.
8.8 We will only use Your personal information in accordance with Our Privacy Policy, which is set out in full at http://www.pchprizes.co.uk/privacy/. We reserve the right to amend the Privacy Policy at any time. However, We reserve the right to ask You to provide Us with additional details and any such additional information will be processed in accordance with our Privacy Policy.
8.9 You agree that We have the right to disclose information to the relevant authorities (such as courts, an arm of the state, law enforcement agencies, or a regulatory body) when required by the authorities. Such authorities may include but are not limited to bodies or authorities whose purpose is to investigate money laundering, fraud and other criminal activity. Further, We shall be entitled to disclose information pursuant to Clause 3.8 above.
9. YOUR RESPONSIBILITIES
9.1 It is Your responsibility to ensure that obtaining access to and the use of the Online Casino and /or Site by You, and the making of Deposits to the Online Casino or Site and the receipt of Winnings from them, are permitted under any Applicable Laws.
9.2 It is Your responsibility to ensure that You understand the rules and procedures of the games in the Online Casino and / or on the Website before You play any such games.
9.3 You shall not assign or transfer in any way whatsoever Your rights under this Agreement without Our prior written consent, which may be given at Our sole discretion.
9.4 You are fully responsible for all taxes, fees and other costs incidental to and arising from winnings resulting from Your use of the Online Casino and / or Site. You will indemnify and reimburse Us in respect of any costs, expenses or losses that may be incurred by Us as a result of any claim or demand made by any governmental or other authority, with regards to withholding tax obligations or similar obligations to which We may be subject in connection with Your winnings and the processing of Your Withdrawal requests.
9.5 It is Your responsibility to inform Us of any changes to Your registration details.
9.6 You shall provide Us with all information requested by Us and necessary for the operation of the Player Account, including, but not limited to, proof of identity, notarised documentation, proof of address, utility bills, bank details, bank statements and bank references. You shall provide Us with any such requested documents immediately upon request and not later than within a reasonable time of response.
9.7 You acknowledge and understand that separate terms and conditions exist with respect to promotions (including but not limited to Promotions), bonuses and special offers, and such terms and conditions are in addition to this Agreement. These terms and conditions are set forth on or available through this Website or have been or will be delivered to You personally, as the case may be. In the event of a conflict between the provisions of such additional terms, promotions, bonuses and special offers, and the provisions of this Agreement, the provisions of the additional terms, such promotions , bonuses and special offers will prevail (including such terms and conditions on restrictions on Withdrawal of bonus and cash won by bonuses being subject to qualifiers).
9.8 For the avoidance of doubt, it is clarified that any use by You of the services of a Payment Method provider will be subject to the terms and conditions of use prescribed by such Payment Method provider. This, however, will not derogate from Your obligations to Us under this Agreement.
9.9 You accept that You are solely responsible for the supply and maintenance of all of the computer equipment and telecommunications networks and internet access services that You need to use in order to access the Online Casino and/ or Website. We will not be liable in any way whatsoever for any loss caused to You by the internet or any telecommunication service provider which You have engaged in order to access to the Online Casino and / or the Website.
9.10 You acknowledge that Our random number generator will determine the outcome of the games played on the Online Casino for real played for free and You accept the outcomes of all such games. You further agree that in the unlikely event of a disagreement between the result that appears on the software and the game server, the result that appears on the game server will prevail and You acknowledge and agree that Our records will be the final authority in determining the terms and circumstances of Your participation in the Online Casino and gaming activity and the results of this participation.
9.11 You will not act in a way that damages Our reputation or that of Our Software Provider or any other related service providers.
9.12 You will fully indemnify Us, and Our officers, directors, employees, agents, contractors and suppliers (including without limitation the Software Provider) harmless from and against all and any losses, costs, expenses, claims, demands, liabilities and damages (including legal fees) however caused that may arise as a result of Your access or use of the Website or the Online Casino or the Software or the Promotions or by You or by anyone else using Your Username and Password; (ii) breach by You of any of the terms of this Agreement; or (iii) any negligent or wilful misconduct by You.
9.13 We reserve the right to change this Agreement from time to time as set out below. It is Your responsibility to check from time to time and see whether there is a notification of change.
10. YOUR WARRANTIES AND REPRESENTATIONS
10.1 You warrant and represent that:
10.1.1 You will neither use nor attempt to access the Online Casino or the Webite from any of the excluded territories referred to in Clause 4.2; in which You should not be present when accessing and/or using the Website including but not limited to the making of Deposits or receiving of any Withdrawal. Any use of the Website and associated services is at Your sole option, discretion and risk. It is Your responsibility to determine the Applicable Laws to ensure that You will be acting legally in using the Website and associated services;
10.1.2 You are acting on Your own behalf;
10.1.3 You are not restricted by limited legal capacity;
10.1.4 You are not classified as a problem gambler;
10.1.5 All details which You give or have given in the process of registering with the Online Casino and / or Website are accurate and that You will continue to update such details should there be any changes.
10.1.6 You are fully aware of the fact that there is a risk of losing money through the use of the Software and otherwise to play games on the Online Casino and the Website;
10.1.7 You are not depositing funds originating from criminal and/or unlawful activities;
10.1.8 You do not otherwise engage in criminal activities and/or intend to utilise the Player Account in connection with such activities. You do not use or intend to use or intend to allow any other person to use the Online Casino or Website and the Player Account for any prohibited or unlawful activity, including but not limited to, fraud or money laundering, under any Applicable Laws, including without limitation the laws in Your jurisdiction and the laws that apply to Us;
10.1.9 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 Online Casino or Website.
10.1.10 You are not under the age of either (i) 18; or (ii) the age at which gambling activities are legal under the Applicable Laws, whichever is greater.
10.1.11 The debit/credit card details supplied by You in the registration process or at a later date are those of the registered account holder and the card has not been reported as lost or stolen.
10.1.12 You are not one of Our or PCH’s officers, directors, employees, consultants or agents or of one of Our or PCH’s affiliated or subsidiary companies, or suppliers or vendors, and You are not any of their relatives as well (for the purpose of this clause, the term “relative” means spouse, partner, parent, child or sibling). In the event that You have breached this prohibition, (among others actions that may be taken against You), You will not be entitled to any of Your winnings.
10.1.13 You have not previously held a Player Account which was suspended or terminated either by Us or by any other online gaming operator, or charged back any monies via a Player Account nor do You already have a current Player Account; and
10.1.14 In opening the Player Account, You will not provide any information or make any statement to Us which is untrue, false, incorrect or misleading.
10.1.15 You agree to fully pay any and all payments due to Us or any third party in connection with Your use of the Online Casino. You further agree not to make any charge-backs and/or renounce or cancel or otherwise reverse any of Your due payments and in any such event You will refund and compensate Us for such unpaid payments including any expenses incurred by Us in the process of collecting Your payment.
11. LINKING AND FRAMING
You agree not to bypass or attempt to bypass the home page of this Website and “deep link” to any other page in this Website, or frame Our content within another website, or copy or use Our content in another medium without Our express written permission.
12. THIRD PARTY PRODUCTS/SERVICES
You acknowledge and agree that this Website may feature materials, products, and services provided by third parties. We make no representations or warranties with respect to, nor do We guarantee or endorse the quality, non-infringement, accuracy, completeness, timeliness, reliability or correct sequencing of such third party materials, products and services, or any other materials, products and services which may be accessed or acquire through such third party materials, products and services. We expressly disclaim responsibility and liability for all third party materials, products and services contained on or accessed through this Website.
13. ADVERTISERS ON THIS SITE
In Our sole discretion, We may post advertisements from and by third parties on this Website. Your correspondence or any other dealings with advertisers found on this site are solely between You and such advertiser. You agree that We shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertisers on this Website. Moreover, We shall not be responsible or liable for the statements or conduct of any third party on this Website.
14. LINKS TO OTHER SITES
We may provide links, in Our sole discretion, to other sites on the World Wide Web for Your convenience in locating related information, products and services. These sites have not necessarily been reviewed by Us and are maintained by third parties over which We exercise no control. Accordingly, We expressly disclaim any responsibility for the content, materials, accuracy of the information and/or quality of products or services provided by or advertised or on third party web sites. Moreover, these links do not imply an endorsement with respect to any third party or any website or the products or services provided by any third party.
15. PLAYER ACCOUNT, DEPOSITS AND WITHDRAWALS
15.1 General
15.1.1 You agree that the financial account transactions will be handled by Us directly or through a Payment Method provider or any other third party service provider.
15.1.2 Deposits and Withdrawals may be transferred from You to Us and vice versa, either directly or through a Payment Method provider chosen by You subject to Clause 15.4.3 below.
15.1.3 We do not guarantee that there will not be any delay in the processing or receipt of Deposits or Withdrawals.
15.1.4 There are no set-up charges and no monthly fees for maintaining a Player Account.
15.1.5 You acknowledge and agree that Your Player Account is not a bank account and is therefore not insured, guaranteed, sponsored or otherwise protected by a deposit or banking insurance system or by any other similar insurance system of any other jurisdiction, including but not limited to Your local jurisdiction. Furthermore, the Player Account does not bear interest on any of the funds held in it.
15.2 Making Deposits and crediting funds to Your Player Account
Once Your Player Account has been opened, You will be able to credit funds to Your Player Account by requesting an electronic transfer of funds using any of the means set out in the Cashier section of the Online Casino or Website. Otherwise, You may make Deposits solely by any of the following payment methods:
i) by a credit or debit card that must be in good standing and registered in Your name, and which is acceptable to Us at Our sole discretion;
ii) by a payment pre-authorised by Us;
iii) through a Payment Method provider acceptable to Us;
iv) by providing Us with a valid cheque, money order or wire transfer; or
V) by such other method deemed acceptable to Us from time to time, at Our sole discretion.
15.2.1 You agree to fully pay any and all payments and charges due to Us or to Payment Providers in connection with Your use of the Online Casino or Website. You further agree not to make any charge-backs or renounce or cancel or otherwise reverse any of Your Deposits, and in any such event You will refund and compensate Us for such unpaid Deposits including any expenses incurred by Us in the process of collecting Your Deposit.
15.2.2 Each request made by You to fund Your Player Account shall constitute a valid authorisation for Us or the Payment Method provider, as applicable, to transfer the amount specified in Your request, by Us or from or by the Payment Method provider chosen by You, as applicable to Your Player Account.
15.2.3 We will be entitled to determine minimum and maximum amounts to be deposited in a Player Account, at Our discretion.
15.2.4 We will be entitled to determine whether the funds that You have requested to be credited to Your Player Account are available, upon receiving confirmation satisfactory to Us from the relevant Payment Method provider in accordance with such Payment Method provider’s approval procedures for such transactions to be reconciled, finalised, completed and cleared. Only when Your Deposits are reconciled and cleared to Our satisfaction by the relevant Payment Method provider, will the Player Account be credited with the funds, unless stated otherwise.
15.2.5 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.
15.2.6 Any Deposit that is requested by You is non-reversible and non-refundable.
15.2.7 For withdrawals using the Bank Draft Express payment method, the fee for sending a cheque by courier is £25 (twenty five sterling pounds) or €35 (thirty five euro) or US$50 (fifty US dollar) depending on the currency in which the cheque is issued.
15.3 Wagering and utilizing the Player Account
15.3.1 Any wager made by You will be treated by Us as an authorisation to debit Your Player Account. Provided that the balance of Your Player Account at the time the wager is made is greater than or equal to the amount of the wager, we will debit Your Player Account in the amount of the wager.
15.3.2 Your Player Account will immediately be credited with the amount of any winnings made by You.
15.4 Withdrawals from the Player Account
15.4.1 Subject to Clauses 15.4.2 and 15.4.4 below, You may withdraw any unutilised and cleared funds held in Your Player Account, by submitting a Withdrawal request in accordance with Our Withdrawal Conditions. It is Your duty to access the Website and review any changes to the Withdrawal Conditions. On any Withdrawal approved by Us, and provided that You give Us sufficient information as to how the funds should be transferred to You, We will return the relevant funds to You in accordance with Clause 15.4.3 (less charges incurred or any required amount from Your Withdrawal in accordance to any Applicable Law).
15.4.2 You agree that We will have the right to withhold any Withdrawals, in the event that We believe or suspect that You may be engaging in or have engaged in fraudulent, collusive, unlawful or improper activity, or if We are concerned about the operation of Your Player Account or the request for Withdrawal. In such cases, We may commence and/or be involved in and/or assist any investigation into such circumstances, and You agree to assist and cooperate with any such investigation.
15.4.3 We will attempt to accommodate Your request regarding the Payment Method and currency of payment of Your Withdrawal. This, however, cannot be guaranteed. Therefore, We may process and pay Withdrawals in a different Payment Method than the one requested by You, such as through different Payment Providers, a bank draft or wire transfer. Similarly, in certain cases, the currency of Your Withdrawal may not be the currency in which Your deposit was made or that was otherwise requested by You.
15.4.4 We will pay jackpot winnings from play for real games into Your Player Account within 15 working days of Your win.
15.5 Closing of a Player Account
You may close Your Player Account at any time by contacting the Website customer service on the Help tab, provided that Your Player Account is not and is not expected to become in deficit pursuant to any liabilities incurred through Your gaming activities on the Online Casino. On closing Your Player Account, We will return the balance to You in accordance with the rest of the provisions of this Clause 15.
15.6 Customer Deposit Trust Account
Notwithstanding that a Customer Deposit Trust Account has been created to segregate Deposits received from the players via the various Payment Methods, the Deposits may not be protected in the event of GA entering into administration. Deposits are first maintained as part of the float in the various Payment Methods. From time to time (normally once a week), any excess funds held in the float are transferred from the respective Payment Methods to the Customer Deposit Trust Account. Sufficient funds are maintained in the Payment Method float as well as the Customer Deposit Trust Account to ensure that GA is able to meet Withdrawals. Deposits are segregated from GA’s corporate fund accounts and Deposits are only transferred from the Customer Deposit Trust Account to the corporate fund accounts when the aggregated balances in the various Payment Method’s float and Customer Deposit Trust Account are more than the aggregate of the players’ outstanding balances in Player Accounts. The amount transferred is limited to an amount such that there are always sufficient funds in the various Payment Methods and the Customer Deposit Trust Account to meet the players’. Withdrawals in the event that they withdraw all of their funds from their Player Accounts. Internal Controls are put in place to ensure the Deposits are properly accounted for including monthly reconciliations between the total of Payment Methods and the total of all the individual Player Account balances as well as independent review of the operation of the Payment Methods by both internal and external auditors. There are no set off arrangements in place in relation to the operation of the Payment Methods, Customer Deposit Trust Account and the Players’ Accounts. Further, the Customer Deposit Trust Account has not been used as security for any liabilities of the company.
16. OUR RIGHTS
16.1 We reserve, at Our sole discretion, the right to :
16.1.1 refuse to register any applicant for registration on the Website or the Online Casino;
16.1.2 refuse to accept any wager on the Online Casino;
16.1.3 change, suspend, remove, modify or add any game or tournament on the Online Casino;
16.1.4 immediately terminate Your Player Account if We believe or suspect that You are accessing the Online Casino or Site from a country or jurisdiction where such use is or might be illegal;
16.1.5 We will be entitled to make inquiries related to You, including credit checks, with third party credit and financial institutions, in accordance with the information You have provided to Us; or
16.1.6 In the event of any dispute regarding a wager or winnings, Our decision will be final and binding (subject to Clause 27.2 below).
16.2 We are entitled to withhold any pay-out or winning amount until the identity of the winning person is verified to Our satisfaction, in order to ensure that payment of any winnings is being made to the correct person. For this purpose, We are further entitled, at Our sole discretion, to require that You provide Us with a notarised ID or any equivalent certified ID according to the Applicable Law or otherwise.
16.3 We may at any time disclose certain personal information of Yours to third parties in accordance with Our Privacy Policy and Clause 3.8 above.
16.4 In the event that We suspect fraud or fraudulent activity on Your part or if any of Your payments are charged back, We will have the right to withhold any amount from Your account which is in excess of Your original Deposit, and if deemed necessary by Us, to initiate any legal proceedings to collect any payments owed by You.
16.5 Notwithstanding anything stated or implied to the contrary in this Agreement, We may at any time, without prior notice to You and without derogating from Our other rights under this Agreement, terminate Your use of the Online Casino or Website and block Your Player Account if We suspect or believe that You are in breach of any of the terms and conditions of this Agreement; or that You may be engaging in or have engaged in fraudulent, unlawful, or improper activity, including without limitation any violation of any applicable terms and conditions, money laundering or collusion with another Player Account holder; or that You are otherwise acting unlawfully or if You become bankrupt or similar proceedings occur anywhere in the world; or if You have not accessed Your Player Account for 1 year or longer. Notwithstanding anything stated or implied to the contrary of this Agreement, We will not be under any obligation in any such circumstances to refund or otherwise reimburse You for any of the funds in Your Player Account.
16.6 We have the right to withhold or otherwise decline or reverse any pay-out or winnings or amend any policy in the event that We suspect You are abusing or attempting to abuse any of the following: (i) bonuses; (ii) other promotions; or (iii) specific policy or rules determined in respect of an existing game or a new game. For the avoidance of doubt, We may determine that such an abuse has taken place if Your activity in Our Online Casino or on the Website, by itself, is not abusive, but Your activities in Promotions in addition to, constitute such abuse of Our bonuses, promotions, policies or rules.
16.7 We may, at any time, set off any positive balances on Your Player Account against any amount owed by You to Us.
16.8 All forfeited or abandoned account balances in Your Player Account will be donated to one or more approved (by the Alderney Gambling Control Commission) registered charities unless we are required to do otherwise by a court or a regulatory authority. A Player Account balance shall be deemed to be forfeited or abandoned in the event that You have not played, made a Withdrawal or entered into correspondence with GA about Your Player Account (or attempted to do so) within the previous 24 months.
16.9 We may transfer, assign, sublicense or pledge this Agreement, in whole or in part, to any person or entity without notice, and You will be deemed to have given Your consent to any such assignment.
17. LIMITATION OF LIABILITY
17.1 You hereby acknowledge that We do not control or have responsibility for the use that You make of the Software. Loading, accessing and using the Software and Website and accessing and using the Online Casino and / or the Promotions by You is done at Your own risk. Neither GA nor the Software Provider nor any of Our affiliates and related parties, shall have any liability whatsoever of any kind in connection with such use.
17.2 In no event shall GA or the Software Provider or any of Our affiliates and related parties, be liable to You for any direct, consequential, indirect, incidental or special damage or loss of any kind, including without limitation loss of business, profits, revenue, contracts or anticipated savings, or loss or damage arising from loss, damage or corruption of any data, whether or not the possibility of such loss or damage has been notified to Us ahead of time.
17.3 Without derogating from the generality of Clauses 17.1 and 17.2 above, and from any other liability limitation provision in this Agreement, neither GA nor the Software Provider nor any of Our affiliates and related parties, will be liable for any loss, costs or damages (howsoever arising) deemed or alleged to have resulted from or caused by any of the following :
17.3.1 any error made due to the input of incorrect information by You;
17.3.2 any fraud, deception or misrepresentation by You;
172.3 Our decision not to accept a Deposit from You;
17.3.4 any delay in receiving or accepting a Deposit by Us or withholding a Withdrawal by Us for the purpose of conducting identity verification procedures;
17.3.5 use of Your Player Account for purposes that are or may be considered illegal under Applicable Laws;
17.3.6 any transactions on Your Player Account which are conducted after the correct entry of Your Username and Password;
17.3.7 any unauthorized interception or use of data relating to You or Your Player Account;
17.3.8 any inability to use or access the Website for any reason;
17.3.9 any actions or transactions by an individual that uses Your Username and Password;
17.3.10 any cause over which We do not have direct control, including problems attributable to computer hardware or software (including computer viruses and including the Software), data transmission systems, telephone or other communications, or internet service providers;
17.3.11 the loss of any transactions caused by the loss or malfunction of any communications device used by You or any entity relaying information between You, Us, or any other Payment Method provider or payment solution company;
17.3.12 any undelivered e-mail communications;
17.3.13 the quality or availability (or lack of) of the Website or the Online Casino; or
17.3.14 any results of any acts of government or authority or any force majeure event.
17.4 You hereby acknowledge that for any Systems Malfunctions that affects the result of a bet or bets, all the bet(s) affected by the Systems Malfunction are to be void and the results are rolled back to the prior state just before the Online Casino or the Website is subject to a Systems Malfunction.
18. FRAUDULENT ACTIVITY POLICY
The Site strictly prohibits user fraud and abuse relating to access to and use of the Site or any Promotion made available on the Site. In accessing the Site or participating in any Promotion, or any other activities, products or services offered by or through the Site, you represent and warrant that: (a) all information you supply is complete and accurate, (b) you are not acting in violation of any applicable laws, rule or regulations or of this Agreement and (c) you will not circumvent or attempt to circumvent any provision this Agreement or any security feature on the Site or engage in any activity that interrupts or attempts to interrupt the operation of the Site.
Anyone who engages in, participates in or displays behavior that may be interpreted, in GA’s or PCH’s sole and absolute discretion, as the use of unfair, improper or unauthorized methods or activities on the Site, including (but not limited to) the opening and/or use of multiple accounts, the use of unauthorized or altered software or hardware to assist play (including the use of bots, bot nets, collusion with bots and/or use of gaming software or programs), accessing the Site from a foreign or otherwise ineligible location or IP address, using automated technology, proxy servers or other means to conceal your identity, intentionally poor play in certain games in order to achieve a broader competitive advantage, collusion with other players or any other act or circumstance that unfairly alters your chance of winning, gives you an unfair advantage, or constitutes the commission of fraud or harassment of other participants, posting of objectionable material, any breach of this Agreement, any breach of the security of Your account or the Site or any other activity that GA or PCH, in their discretion, deem to be abusive (collectively, “Abuse”), shall be subject to immediate sanction (as determined in GA’s or PCH’s sole and absolute discretion), including without limitation: (1) your account may be terminated without notice and your access to the Site blocked; (2) any entries submitted will not be valid and you will not be eligible to win; (3) any “winning” invalid entries will be void and may report a losing result; (4) any prizes, winnings and any other representative of value (if any) that you may otherwise have been entitled to receive shall be void and/or forfeited; and (5) any prizes, winnings or representative of value already received by You shall be subject to disgorgement and/or recoupment by the Site.
19. RELIANCE UPON LIMITATIONS
The parties acknowledge that they have entered into this Agreement in reliance upon the limitations of liability and the disclaimer of warranties and damages as set forth herein, and that the same form an essential basis of the bargain between the parties. The parties agree that the limitation and exclusions of liability and disclaimers specified in this Agreement are reasonable under the circumstances, will survive termination of the Agreement and all remaining limitations will apply even if any limited warranty is found to have failed of its essential purpose or to be invalid.
20. CHANGES TO THIS AGREEMENT OR THE PRIVACY POLICY
20.1 We may, at Our sole discretion, make changes to this Agreement or the Website’s terms or the games rules on the Online Casino, or the Privacy Policy, and any other terms on the Website, at any time. PCH may make changes to the terms of any Promotion.
20.2 Any changes will take effect from the date on which they are included in this Agreement, on the Website or in one of the other documents listed above) unless another date is specified. It is important, therefore, that You log in to the Website from time to time and check to see whether there is an updated version by looking at version number and the date of the relevant document. You are solely responsible for reading and understanding of such updated versions and changes.
20.3 If You continue to use the Website or the Online Casino after We have updated the changes, You agree to be bound by those changes whether or not You have had actual notice of, or have read, the relevant changes. If You do not agree to be bound by relevant changes, You should not continue to use the Website or the Online Casino any further.
21. TERM
This Agreement is effective from the moment of acceptance by clicking on the “I Agree” button, and shall remain in force indefinitely unless terminated in accordance with the terms of this Agreement. For the avoidance of doubt it is agreed that You are bound by this Agreement if You use the Online Casino and / or the Website in any way, including, but not limited to, initiating or making a Deposit through Your Account or submitting Your deposit details to Us.
22. INTEGRATION AND CONFLICTING TERMS
This Agreement, including the Official Rules and the Privacy Policy and any additional terms referenced herein, constitute the complete and exclusive agreement between You and Us with respect to use of this Website and supersedes any and all prior or contemporaneous communications, representations, statements, agreements and understandings, whether in oral, written or electronic form, between You and Us concerning the use of this Site, the associated services and the Promotions. You agree that you are not in privity with PCH, are not party to a contract with PCH and have no claim on PCH for the performance of any act or deed other than the faithful performance of the Promotions. This Agreement, the Official Rules and the Privacy Policy and any additional terms and conditions shall be construed as consistent with each other whenever possible, but if such construction is unreasonable due to conflicting terms, the terms of the Official Rules shall control over all others in respect of any Promotion. The Privacy Policy and the rest of these Terms and Conditions shall be construed as consistent with each other whenever possible, but if such construction is unreasonable due to conflicting terms, the terms of the Privacy Policy shall control over the rest of the Terms and Conditions.
23. FORCE MAJEURE
If the performance of any part of this Agreement by Us is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labour disputes, act of God or any other cause or causes beyond our control, We shall be excused to the extent that We are prevented, hindered or delayed by such cause or causes.
24. SEVERABILITY
If any one or more of the provisions contained in this Agreement, the Privacy Policy or any additional terms or the Official Rules shall for any reason be found to be invalid, illegal or unenforceable in any respect, said finding shall not affect the remaining provisions, which shall be enforceable to the fullest extent permitted by law, provided that such severance does not alter the fundamental benefit of the bargain to either party.
25. WAIVER
If any one or more of the provisions contained in this Agreement or the Official Rules shall for any reason be found to be invalid, illegal, or unenforceable in any respect, said finding shall not affect the remaining provisions.
26. GOVERNING LAW
The construction, validity and performance of this Agreement will be governed by the laws of Alderney.
You irrevocably agree to submit to the exclusive jurisdiction of the courts of Alderney for settlement of any disputes or matters arising out of or concerning this Agreement save to the extent that disputes and matters arising out of the use of the Promotions are subject to the jurisdiction of the courts of New York, USA. However, this shall not prevent Us from bringing any action in the court of any other jurisdiction including but not limited to action for injunctive or similar relief, where appropriate. The English language version of this Agreement will prevail over any other language version issued by Us.
The illegality, invalidity or unenforceability of any provision of this Agreement will not affect the legality, validity or enforceability of the remaining provisions of this Agreement.
27. REMEDIES
In order to avoid irreparable injury to Us, in the event of any breach or threatened breach by You of the provisions of this Agreement, We shall be entitled to seek an injunction and/or other equitable relief restraining such breach. Nothing in this Agreement shall be construed as prohibiting Us from pursuing any other remedies available to Us for such breach or threatened breach, including the recovery of monetary damages from You.
28. NOTICES / COMPLAINTS
28.1 You agree to receive communications from Us in an electronic form. Electronic communications may be posted on the pages of the Website and/or the messages/help files of Your client application, and/or delivered to Your e-mail address. All communications in either electronic or paper format will be considered to be in "writing" and to have been received no later than five business days after posting or dissemination, whether or not You have received or retrieved the Communication. We reserve the right, but have no obligation, to provide communications in paper format.
28.2 Any notices / complaints required to be given in writing to Us or any questions concerning this Agreement should be addressed to .(JavaScript must be enabled to view this email address) as appropriate.
28.3 In the event You have any complaints, claims or disputes concerning the Online Casino or the Website, You should in the first instance contact Us (.(JavaScript must be enabled to view this email address) ). However if You are not satisfied with the outcome You may contact the Alderney Gambling Control Commission at St Anne’s House, Queen Elizabeth II Street, Alderney, Channel Islands GY9 3TB. Tel: + 44 (0)1481 825500, Fax : +44(0)1481 823978, email: .(JavaScript must be enabled to view this email address) . Website: http://www.gamblingcontrol.org/.
