The games on this website are powered and operated by
Aspire Global International LTD.
Aspire Global International LTDAspire Global 7 Limited (or "The Company") is a company registered in Malta for the purposes of operating and offering of online and mobile application games and sports betting services with registration number C42296 and registered office at 135 High Street Sliema Malta. The Company is licensed and regulated by the Malta Gaming Authority under the license no. MGA/CRP/148/2007 issued on the 17 August 2009 (this license incorporates the previous licenses held by the Company and list the old license numbers with their license dates). We offer Type 1, Type 2 and Type 3 Gaming Service offering casino, fixed odds betting and bingo games. Games provided by Aspire Global International Ltd are regulated by the MGA. Aspire Global International LTDAspire Global 7 Limited have an Irish Betting License with license reference number 1014834. Aspire Global 7 Limited (or "The Company") is a company registered in Malta for the purposes of operating and offering of online and mobile application games with registration number C89956 and having registered office at 135, High street, Sliema SLM 1549, Malta, which is a fully licensed operator under the Remote Gaming Regulations of Malta MGA/CRP/148/2007, authorization number MGA/CRP/148/2007/02 issued on the 1 August 2018 and regulated by the Malta Gaming Authority.
The Company provides online and mobile gaming services to You (the "Company The Company Services") subject to the following terms and conditions
contained within
this end user license agreement (the "Agreement") which should be read
carefully
by You in its entirety prior to Your use of the Company Services or products.
Please note that the Agreement constitutes a legally binding agreement between You
and the Company. By registering with The Company and/or by using The Company's
Services, You agree to be bound by this Agreement in its entirety and without
reservation.
If You do not agree to any of the provisions of this Agreement You should
immediately
stop using The Company Services and remove the RVG Games from your computer and
mobile device.
Please note:
When playing in Sweden, the contracting entity with respect to the Agreement is AG
Communications LTD. AG Communications LTD is licensed and regulated by the Swedish
Lotteriinspektionen with license number 18Li7458.
In addition to the terms and conditions of this Agreement, please review Our Privacy and
Cookie Policy that You should review, Your use of Our gambling services is
strictly subject to all additonal rules which shall apply from time to time to the
type of gambling services which you are using, including, but not limit to the, Responsible
Gaming Policy ,
Fair Play Policy ,
Cash Out Policy ,
Bonus Policy as well as other rules, policies, and terms and
conditions relating to the games services and promotions posted on Our Website
and/or on
Our Mobile Application(s), which are incorporated herein by reference, together
with such other policies of which You may be notified of by Us in advance time to
time.
Definitions
In this Agreement unless the context clearly indicates otherwise:
Free Practice Play
shall mean a play mode allowing a Player Account holder to play
the RVG Games using
the The Company Services for practice purposes. Playing in
practice mode
involves no betting of actual funds and entails no ability to
win or lose any such
funds, but is however subject to the same Player rules as Real
Money Play;
RVG Game(s)
shall mean Free Practice Play and/or Real Money Play game(s)
which can be played
by Players holding a valid Player Account via our Website(s);
Game Procedures
shall mean any procedures or conditions issued by The Company in
addition
to this Agreement which apply only to a particular Free Practice
Play and/or Real
Money Play RVG Game;
Games Rules
shall mean the rules governing all Free Practice Play and Real
Money Play games
using the The Company Services including all relevant sections
of this Agreement
and as shown on the Game Procedures of each relevant RVG Game;
Interactive System
shall mean the software used by the The Company Services to
activate and
govern the outcome of Free Practice Play and Real Money Play
games offered by the
The Company Services;
Mobile Application(s)
shall mean any mobile application owned, operated, affiliated or
hosted by The Company
and any program or data file or any other content derived there
from, that
is required to be accessed or otherwise utilized by You enabling
You to participate
in the RVG Games for Free Practice Play and Real Money Play;
The Company Services
shall mean The Company.'s internet gaming system on the
Website(s) and/or
on Mobile Application(s), including related services and gaming
activities, all
as offered and listed on various Website(s) and/or on Mobile
Application(s);
Play
shall mean any real money purchase of one of our RVG Games for
the purpose of betting
online;
Player
shall mean any person over the age of eighteen holding a valid
Player Account with
The Company for the purpose of betting online;
Player Account
shall mean a personal account opened by an individual, solely
for such individual,
and maintained with Us to enable that person to play RVG Games
using the The Company
Services both for Practice Play Games and Real Money Games;
Real Money Play
consists of a play mode allowing a Player Account holder to play
the RVG Games using
The Company Services which involves the betting of actual funds
and the
possibility of winning and losing such funds;
RVG
shall mean Free Practice Play and/or Real Money Play game(s)
which can be played
by Players holding a valid Player Account via The Company
Services;
RVG Game(s)
shall mean Free Practice Play and/or Real Money Play game(s)
which can be played
by Players holding a valid Player Account via The Company
Services;
Us, We or Our
shall refer to The Company, and/or any subsidiaries,
affiliates, directors, officers, employees of
Aspire Global International LTDAspire Global 7 Limited.
The Company's Partners
Shall refer to any affiliates, agents, contractors and/or
business partners of The Company,
including White Label Partners;
User Name and Password
shall mean the Username and Password which you choose when You
register to use The
Company Services which is personal and may only be used by you
for Free
Practice Play Games and Real Money Play Games;
Website
shall mean any website owned, operated, affiliated or hosted by
The Company
and any program or data file or any other content derived there
from, that
is required to be accessed or otherwise utilized by you enabling
you to participate
in the RVG Games for Free Practice Play and Real Money Play;
White Label Partner
shall mean an entity which is an owner of an Internet site
and/or mobile device
company which provides certain functions, such as marketing and
promotion, in connection
with The Company Services.
You, Your or User
shall refer to the user of The Company Services for Free
Practice Play
and/or Real Money Play games.
Legal Compliance
2.1
The availability of The Company Services does not construe an
offer or
invitation by Us to use The Company Services if you reside in a
country
or region in which such use is currently forbidden by law, or
within any jurisdiction
where The Company, in its sole discretion, elects not to offer
The Company
Services.
2.2
You accept sole responsibility for determining whether Your use
of The Company
Services is legal in the country/region where You live and/or in
any country/region
where You log on to use The Company Services.The Company shall
not be responsible for any illegal or unauthorized use of the
The Company
Services by You as We are unable to verify the legality of use
in each jurisdiction
and it is Your sole responsibility to verify the legality of
using The Company
Services prior to logging on to The Company Services. Please
consult
legal counsel in the applicable jurisdiction if You have any
doubts about the legality
of Your use of The Company Services under the laws of any
jurisdiction
that applies to You.
2.3
By law, You may only use the Services if you are eighteen (18)
years old, or of
legal age as determined by the laws of the country where you
live which shall only
be valid if the age of majority in your jurisdiction is eighteen
(18) years or higher
("Legally of Age"). We reserves the right to withhold any
funds in Your account
until your age is verified.
2.4
We reserve the right at any time to request from You evidence of age in order to ensure that minors are
not using The Company Services. We further reserve the right to suspend or cancel Your
Player Account and exclude You, temporarily or permanently, from using The Company Services
if satisfactory proof of age is not provided or if We suspect that you are underage and such
satisfactory proof is not provided by You within five (5) days of our requesting such proof,
Your Player Account shall be closed, winnings forfeited and withdrawals returned to the account
from where the funds were deposited. Such decision shall be final, binding and not subject to appeal.
When playing in Sweden, if satisfactory proof of age is not provided or if We suspect that you are
underage and such satisfactory proof is not provided by You within thirty (30) days of our
requesting such proof, Your Player Account shall be closed in accordance with applicable regulations.
We further reserve the right to refuse and/or limit bets and/or wagers.
2.5
During their engagement period and for a period of 24 months
thereafter, no officer,
director, employee, consultant or agent of The Company or any of
its affiliated
companies or its suppliers, vendors or White Label Partners is
permitted to use
The Company Services directly or indirectly, nor is any supplier
or vendor.
This restriction also applies to relatives of such persons and
for this purpose
'relative' includes, but is not limited to, any of a spouse,
partner, parent, child
or sibling.
Intellectual Property Rights
3.1
For the avoidance of any doubt, The Company is the owner or
licensee of the
copyright, trademarks and other intellectual property rights
and/or the Interactive
System and the RVG Games offered via The Company Services.
Players and
prospective Players acquire no rights therein by using The
Company Services.
In addition, other content related to The Company Services,
including,
but not limited to, the software, images, pictures, graphics,
photographs, animations,
videos, music, audio and text (the "Site and Mobile
Content") belong to The Company
or one of its companies and/or its licensors and is protected by
copyright and/or
other intellectual property, or other rights. Players and
prospective Players acknowledge
and agree that they are only permitted to use The Company
Services as
expressly set out in this Agreement and such Players and
prospective Players obtain
no rights in the Site and Mobile Content, or any part thereof.
Under no circumstances
You may use the Site and Mobile Content without The Company's
prior written
consent.
3.2
All content and use of The Company Services is for personal,
non-commercial
use only. All other use is strictly prohibited and You will be
solely liable for
any damages, costs or expenses arising out of or in connection
with the commission
of any prohibited activities.
Use of Player Accounts
In order to login and play RVG Games via The
Company Services, whether
for Free Practice Play or for Real Money Play, you will have to open a
Player Account
which will constitute Your Company identification thereafter for as long
as You use The Company Services.
4.1
By personally opening a Player Account You hereby confirm and
acknowledge that:
4.1.1
You are at least 18 years of age or such higher minimum legal
age of majority as
stipulated in the laws of jurisdiction applicable to You and,
under the laws applicable
to You.
4.1.2
You have to provide all necessary details to open a Player
Account, which shall
include, name, address, contact email and/or personal telephone
number. The details
submitted by you in the registration forms are correct, true and
complete. It is
Your responsibility to update Your Player Account of any changes
to Your registration
details. You hereby expressly consent that We may, at our own
discretion, disclose
some or all of the details submitted to Us via The Company
Services to
the Company's - partners for the purposes of carrying out
various functions required
for delivery of The Company Services, including for the purposes
of verification
and authentication of Your personal details, as well as for the
purposes of communicating
to You promotional material and information relating to The
Company’s and
The Company Partners’ products and services. Please see Our Privacy
Policy for further details,
which you hereby accept. Should any of the information that You
provide to Us be
untrue, inaccurate, misleading or otherwise incomplete, You will
be in breach of
contract and We reserve the right to terminate Your Player
Account immediately and/or
prevent You from using The Company Services, in addition to any
other
action that We may choose to take.
4.1.3
Your Company Player Account is for Your personal use only and
funds deposited
into your Player Account may only be used to play via The
Company Services.
Verifications procedures will be carried out when you deposit
funds in your Account.
You may not use Your Player Account on behalf of another person.
You may only create
one Player Account with The Company and shall only use The
Company
Services using such single Player Account. Any use of Your
Player Account is strictly
for Your own private purposes. We take absolutely no
responsibility for any third
party accessing Your Player Account and We shall not be liable
for any losses incurred
by You as a result of such an event. Any activation of Your
Player Account while
using the correct Password and Username will be considered by Us
as a valid entry
by You into Your Player Account. Should You become aware of any
unauthorized use
of Your Player Account You are obligated to immediately notify
us and we will suspend
your Player Account pending further investigation of such
unauthorized use.
4.1.4
Any funds held in your Player Account do not accrue interest.
You will not be able
to place any bets using The Company Services in an amount
greater than
the total amount of money in Your Player Account. You shall not
treat The Company
as a financial institution.
4.1.5
You are fully responsible for paying all monies owed to The
Company. You
agree not to make any chargebacks, and/or deny or reverse any
payment made by You
in respect of The Company Services. You will reimburse Us for
any chargebacks,
denial or reversal of payments You make and any losses suffered
by Us as a consequence.
4.1.6
You do not already have an existing Player Account with
Aspire Global International LTDAspire Global 7 Limited in Your
name and/or You are not using The Company Services through
someone else's
Player Account using Your credit card information. Should You
attempt to open more
than one Player Account, under Your own name or under any other
name, or should
you attempt to use The Company Services by means of any other
person's
account, We will be entitled to immediately close all Your
accounts, retain all
monies in such accounts and bar You from future use of The
Company Services.
4.1.7
You fully understand the methods, rules and procedures of The
Company
Services and Internet gambling in general. You understand that
it is your responsibility
to ensure the details of bets and games are correct. You will
not commit any acts
or display any conduct that damages the reputation of The
Company.
4.1.8
You are solely responsible for recording, paying and accounting
to any relevant
governmental, taxation or other authority for any tax or other
levy that may be
payable on any winnings paid to You.
4.1.9
You are solely responsible for any telecommunications networks
and Internet access
services and other consents and permissions required in
connection with Your use
of The Company Services.
4.1.10
You are not a resident of the United States of America.
4.2
You are responsible for maintaining the confidentiality of Your
Player Account including
Your Username and Password and for restricting access to Your
computer, and You
agree to accept responsibility for all activities that occur
under Your Player Account.
You must keep Your Username and Password confidential and You
should not disclose
them to any other individual. In order to keep Your Password and
Username confidential,
You should follow these security tips:
Never write or otherwise record Your Username or
Password in a way that can be understood
by someone else.
Never divulge Your Username and Password to any other
individual.
Avoid Username and Password details that may be easy to
guess such as birthdays/telephone
numbers, spouses and/or children's names, etc.
Inform us immediately (by contacting Our support team)
of any unauthorized access
to Your Player Account or any suspicion that someone
else knows Your Username and
Password.
4.3
You shall be solely responsible for all transactions conducted
in relation to your
Player Account using your Username and Password. Every person
who identifies himself/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 and authorized by You.
4.4
The Company retains full authority over the issuing,
maintenance, and closing
of Player Accounts at The Company. However contractual
obligations already
made will be honored. The decision of The Company management as
regards
any aspect of a User's Player Account and use of The Company
Services
is final, binding and shall not be open to review or appeal.
4.5.
Dormant Accounts:
4.5.1.
If you have not logged in to Your Player Account for
twelve (12) consecutive months then your Player Account will be
considered a "dormant account"
and We will charge a5€ monthly maintenance fee on the balance of
such dormant account.
If your Player Account remains dormant for more than thirty (30)
months, We will remit
Your Player Account balance (if any) to You, after deducting the
necessary fees.
If Your current location is unknown or You have failed to
provide up to date means of
making such remittance, the remaining funds (if any) shall be
transferred to the Malta Gaming Authority (MGA).
4.5.2
The first monthly maintenance fee will be charged at the end of
the last month after which your account became dormant.
The monthly maintenance fee shall not be charged if there are no
funds in the dormant account.
4.6
To recover funds from dormant or closed accounts, player can log in at any time and request withdrawal of any funds present in the account. Prior closing an account, WE ensure that all funds have been withdrawn. If the account is blocked due to fraud, and the account has a remaining balance, refunds will be issued on deposits made as winnings will be forfeited by a player who violates the terms of use and/or the bonus policy. If a player decides to exclude himself temporarily, and a balance is kept in the account, the funds will only be available to the player once the exclusion has ended, or upon request via email/live chat. In case of permanent exclusion, player will be advised to requires a cash-out as soon as the request is received.
4.7
For German players only- On 01.07.2012, the German authorities
introduced a taxation of betting stakes for sports bets. In
accordance
with § 17 of the racing bets and lotteries act, taxation of
betting stakes will be set at 5% of the stake. In the case of
won bets,
the customer will pay a fee towards the taxation amount which
will be deducted from their winnings. The fee will be 5% of
gross winnings
(stake multiplied by the odds). Once the taxation fee has been
deducted from the gross winnings, the net winnings will be
transferred to the customer’s account.
This amount will be charged to users whose permanent place of
residence is in Germany and who are in Germany at the time of
placing a bet. This does not apply when users
place bets from outside the Federal Republic of Germany. For
taxation purposes, the company is therefore permitted to use
geolocation technology to determine the actual location of
the user at the time of placing a bet and to save this
information for use in taxation calculation and auditing by the
financial authorities. Furthermore, the company is also required
to divulge this information upon legal request.
4.8
It is your responsibility to make sure that you read and
understand all the rules
and procedures of the RVG Games on the Website(s) including
without limitation,
the Games Rules and the Games Procedures, prior to playing Real
Money Play
games or bets.
4.10
It is prohibited for you to transfer, sell and/or acquire player
accounts to and
from other players, and it is further prohibited to transfer
funds amount player
accounts.
4.11
You may close Your account at any time and We will return to You
any and all funds
from Your Player Account subject to the deduction of relevant
withdrawal charges.
To close Your Player Account You should contact customer support
in written form.
The effective closure of the Account will correspond to the
termination of the T&C.
In case the reason behind the closure of the Account is related
to concerns about
possible gambling addiction the Player shall indicate it. The
method of repayment
will be at our absolute discretion All Retention procedures need
to be reviewed
and considered. Any depositing player who asks to close his
account will be subjected
to retention attempts. Retention procedure include contacting
You through different
channels for clarifying the reason for the request and specific
treatment in order
to solve possible problems to improve the customer satisfaction.
4.12
Your Player Account is made up of a real money funds balance and
a bonus funds balance. If you have both real money funds and
bonus funds in your Player Account, the next wager you make will
use real money funds first. If your you place a bet where the
real money funds in your Player Account is not sufficient to
cover such bet and you use bonus funds to cover the rest of such
bet, your winnings from any such bet placed by you, will be paid
to you in proportion to the real money funds and bonus funds you
have used to place such bet. By way of example only, if you
place a bet of £10 (ten pounds), of which such bet is made up of
£4 (four pounds) from your real money balance and £6 (six
pounds) from your bonus balance and such bet generates a win of
£30 (thirty pounds), your Player Account will be credited with
£12 (twelve pounds) to your real money balance and £18 (eighteen
pounds) in bonus funds to your bonus balance. All such winnings
generated by bonus funds will be subject to the terms of the Bonus
Policy.
4.13
You may at your discretion choose to exclude yourself from using
The Company
for a definite or an indefinite period. In order to block
your access to The Company Services you
may send an email to care@PlayFrank.com;
you may use the cooling off period function
where you can suspend your account.
For further information please see our Responsible
Gaming Policy .
4.14
You may also choose to impose a ceiling on the maximum losses,
maximum wagers and/or
maximum time per session
Security Measures
The Company Interactive System is a secured environment which only
allows a Player to access The Company Services if such Player has passed
through our secured networks which use state of the art encryption for
Username
and Password data. You will not be able to access The Company Services
without passing through our customer security login process, and any Player
who
bypasses our Interactive System shall be prosecuted to the full extent of
the law.
Prohibited Uses of The Company Services
6.1
You hereby confirm and acknowledge that:
6.1.1
You are not depositing funds originating from
criminal and/or un-authorized activities.
6.1.2
You are not otherwise conducting criminal activities
and/or intending to utilize
your Player Account in connection with such
activities.
6.1.3
You are not using or intending to use or intending
to allow any other person to
use your Player Account in relation to The Company
Services for any prohibited
or unlawful activity, including but not limited to,
fraud or money laundering, under
the laws of your jurisdiction or any other
applicable laws in any other jurisdiction.
6.1.4
The credit/debit card details, or those of any other
means of payment used to deposit
funds in Your Player Account, given by You when you
register to use The Company
Services, are those of the registered Player Account
holder and such cards are not
stolen or reported lost. Without derogating from the
aforementioned, should You
use a credit/debit card or any other form of payment
which is not in Your private
and personal name, We will presume that You have
received complete and sufficient
consent from the rightful owner and/or the person
whom name is used on such payment
instrument to make use of such payment instrument
for the purposes herein, prior
to Your engagement with Us.
6.1.5
You have not held a Player Account with Us that was
terminated or suspended, and
You have not notified Us, now or in the past, that
You have a gambling addiction.
6.1.6
You shall not break in, access or attempt to break
in to The Company
Services. In any case of suspected break-in to The
Company Services we
shall immediately terminate Your Player Account,
seize all funds available through
that account pending our investigation, and notify
the relevant authorities.
6.1.7
You shall not intentionally disconnect from a RVG
Game while using The Company
Services. If We determine, in Our sole discretion,
that You are in breach of this
clause, We may terminate Your access to The Company
Services immediately
and/or have Your Player Account blocked. If Your
Player Account is terminated or
blocked in such circumstances, We are under no
obligation to refund You any funds
that may be in Your Player Account.
6.1.8
You shall not be involved in any fraudulent,
collusive, fixing or other unlawful
activity in relation to Your or third parties'
participation in any of the Games.
6.2
If any suspicious, improper, fraudulent, or unlawful activities
are attempted and/or
performed through the use of The Company Services We will be
entitled
to terminate and/or block your Player Account and seize all
funds available through
that account. We also reserve the right to disclose any and all
details of your
Player Account to the relevant authorities.
6.3
Artificial Intelligence - Robots: You are not allowed to use any
software program
which, in our opinion, is endowed with artificial intelligence
("AI Software") in
connection with your use of the Services. We constantly review
the use of the Services
in order to detect the use of AI Software and in the event that
we deem it has been
used we reserve the right to take any action we see fit,
including immediately blocking
access to the Services to the offending user, terminating such
user's account and
seizing all monies held in such account.
6.4
Should You suspect that any player using the Services is
colluding with another
player or cheating, please let the Company know via email to
care@PlayFrank.com;
Currency and Payments
7.1
For the avoidance of doubt it is hereby declared that when
referring to currency
in this Agreement the currency stated shall either be Euro
and/or any other currency
accepted by Us and in accordance with the Player's choice of
currency in his/her
Players Account.
7.2
A Player holding a valid Player Account may cash out their
winnings according to the cashout limits described in the
cashout policy
7.3
You understand that all financial account transactions will be
handled by Us, or
third party electronic payment processors and/or financial
institutions on Our behalf
and checks on financial account transactions shall be done to
prevent money laundering.
To the extent that they do not conflict with the terms of this
Agreement, You agree
to be bound by the terms and conditions of such third party
electronic payment processors
and/or financial institutions. We reserve the right to run
credit checks with third
parties using the information submitted to Us by You through the
opening of the
Player Account or by any other means.
7.4
We reserve the right to refuse accepting and paying through any
means of payment,
such as certain credit cards, personal checks, electronic
wallets and any other
types of payment methods. We reserve the right to credit You
back using the same
method as You have previously deposited with, for as long as the
method so used
allows.
7.5
You understand that by accepting a bonus payment offered by Us
to You, You are bound
by the rules and regulations of Our
Bonus Policy.
7.6
We may, at any time, set off any positive balances in Your
Player Account against
any amount owed by You to Us. By way of example, in the event
that following the
settlement of a bet in Your Player Account a resettlement is
required, The Company
shall be entitled to deduct from Your Player Account any
required amount of money.
7.7
All payments into Your Player Account must be from a single
payment source, such
as a credit card, debit card or charge card, on which You are
the named account
holder. Deposit limits may apply depending on a number of
parameters.
We reserve the right to charge you administrative fees during
your deposits and withdrawals as shall be detailed in the
"Cashier".
7.8
General Conditions of Use E-voucher applying to E-PRO solution
(v2.2)
• E-PRO is a payment solution providedby EMP Corp, an
E-money agent, based on E-money and E-wallet.
• E-PRO is an E-Voucher issued by EMP Corp, being resold by
First Remit Limited (UK), a registered money service
business with
Her Majesty's Revenue and Customs certificate number
12679642 & fully authorizedby the UK Financial Conduct
Authority (FCA)
as a payments institution, with reference 622935.
• E-Pro e-Vouchers resold by First Remit will show in your
card statement as "Online Payment".
• An E-VOUCHER, constituting electronic money, is generated
in the event of an intervention by EMP Corp
to pay for the services offered on the MERCHANT SITE.
• If the payment service provider is EMP Corp, the
transaction will result in the creation and purchase
of electronic money issued by an E-money Issuer, to be used
to credit an E-wallet.
Refund Policy
8.1
No refund can be completed for funds subject to wagering
requirements or restrictions.
8.2
A refund request will only be considered if it is requested
within the first twenty-four
(24) hours of the alleged transaction, or within thirty (30)
days if a Player alleges
that another individual (or a minor) has accessed his/her Player
Account.
8.3
If Your request for a refund or reverse transaction gives Us
grounds to require further verification of Your identity in
order to comply with Our legal and/or regulatory obligations or
to prevent unlawful or fraudulent behaviour, We may withhold any
refund or reverse transaction until Your identity has been
verified in accordance with applicable law.
Such circumstances which may require Us to perform such further
identity checks include (but are not necessarily limited to)
where: (i) You request that a refund be made via a different
payment than that used for making deposits to Your account; or
(ii) there are reasonable grounds to suggest that a Player
Account User has not set up the Player Account on his/her own
behalf (and has done so on behalf of someone else, i.e. a third
party).
When conducting the identity checks referred to in this Section
[8.3], We shall require such additional verification as is
permitted under applicable law to ensure that Our legal and
regulatory obligations are satisfied.
In the event that You fail to satisfy Our requirements for
further verification of Your identity, We shall take such steps
as We are required to take to ensure that We comply with Our
legal and regulatory obligations. This may require Us to refuse
Your request for a refund or reverse transaction, close Your
Account and could result in a forfeiture of funds. You may not
be entitled to appeal such action, except where such right of
appeal is required by applicable law in the country or state in
which You live and this is not prevented by Our own legal and
regulatory obligations.
8.4
Notwithstanding anything else in the Refund Policy, Bonus
Policy, or any additional terms or rules which govern the
provision of any gambling promotion to You, You shall not be
prevented from withdrawing:
(i) Your deposit balance,
(ii) winnings from wagers made with funds in that deposit
balance; and
(iii) winnings from any bonus which are not subject to
wagering requirements or restrictions (or for which wagering
requirements or restrictions have been satisfied),
except where We are required to prevent such withdrawal of
funds in order to comply with Our legal and regulatory
obligations (including anti-money laundering requirements).
We will use best efforts to resolve a reported matter promptly.
Complaints will
be escalated internally according to the urgency and nature of
the complaint, and
once a solution has been identified it will be made known to You
immediately.
9.3
If You have a query with regard to any transaction, You may also
contact Us with
details of the query. We will review any queried or disputed
transactions. Our judgment
is final.
9.4
If for some reason You are not satisfied with the resolution of
Your complaint by Us,
You can complain either our appointed ADR service, ThePOGG.com,
or the Malta Gaming Authority.
Contact details for ThePOGG.com are as follows:
Address:PO Box 2089, Liv ingston, West Lothian, EH540GF,
UK
Email:complaints
ThePOGG
Cpmplaints should be submitted via the form on the following
url:
ThePOGG.com
https://thepogg.com/submit-complaint/
Contact details for the MGA are as follows:
Address: Suite 1, Level 3, TG Complex, Brewery Street,
Mriehel, Birkirkara BKR 3000, Malta
Telephone Number: +356 21316590/1/3/4
Email: support.mga@mga.org.mt
9.5
If you are playing from the European Union, you can refer any
dispute you have in connection to
the services provided by the Company through the European
Commission's Online Dispute Resolution Platform available at
europa.eu/consumers/odr.
NO WARRANTY
THE RVG GAME, INTERACTIVE SYSTEM, AND THE SITE AND MOBILE CONTENT ARE PROVIDED
"AS IS". WE MAKE NO WARRANTY OR REPRESENTATION, WHETHER EXPRESS OR IMPLIED
(WHETHER
BY LAW, STATUTE, OR OTHERWISE), INCLUDING BUT NOT LIMITED TO IMPLIED
WARRANTIES
AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A
PARTICULAR
PURPOSE, COMPLETENESS OR ACCURACY OF THE RVG GAME, INTERACTIVE SYSTEM, OR
THE SITE
AND MOBILE CONTENT, OR INFRINGEMENT OF APPLICABLE LAWS AND REGULATION.
WE MAKE NO WARRANTY THAT THE RVG GAME, INTERACTIVE SYSTEM, AND THE SITE AND
MOBILE
CONTENT WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR
ERROR-FREE,
THAT DEFECTS WILL BE CORRECTED, OR THAT THE SOFTWARE OR THE SERVER, OR THE
MOBILE
DEVICE, THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR BUGS OR REPRESENTS
THE FULL
FUNCTIONALITY, ACCURACY, RELIABILITY OF THE MATERIALS OR AS TO RESULTS OR
THE ACCURACY
OF ANY INFORMATION OBTAINED BY YOU THROUGH THE COMPANY SERVICES.
IN THE EVENT OF SYSTEMS OR COMMUNICATIONS ERRORS, BUGS OR VIRUSES RELATING
TO ACCOUNT
SETTLEMENT OR OTHER ELEMENTS OF THE COMPANY SERVICES OR RESULTING IN
LOSS OF DATA BY YOU OR ANY OTHER DAMAGE TO YOUR COMPUTER EQUIPMENT OR
SOFTWARE,
OR MOBILE DEVICE, WE SHALL IN NO WAY BE LIABLE TO YOU AND WE RESERVE THE
RIGHT TO
VOID ALL RVG GAMES IN QUESTION AND TAKE ANY OTHER ACTION TO CORRECT SUCH
ERRORS
SAVE THAT WE ARE NOT REQUIRED TO PROVIDE ANY BACK UP NETWORK AND/OR SYSTEMS
OR SIMILAR
SERVICES.
WE SHALL NOT BE LIABLE FOR ANY ACTS OR OMISSIONS MADE BY YOUR INTERNET
SERVICE PROVIDER,
OR MOBILE DEVICE COMPANY, OR OTHER THIRD PARTY WITH WHOM YOU HAVE CONTRACTED
TO
GAIN ACCESS TO THE SERVER THAT HOSTS THE COMPANY SERVICES.
Limitation of Liability
11.1
You hereby acknowledge and agree that betting might result in
losing monies and that all losses incurred by You as a
result of betting via The Company Services will be Your sole
responsibility
11.2
Your decision to use The Company Services is made at your own
discretion
and risk.
11.3
We shall not be liable in contract, tort, negligence, or
otherwise, for any loss
or damage whatsoever arising from or in any way connected with
Your use of The Company
Services whether direct or indirect, including, without
limitation, damage for loss
of business, loss of profits, business interruption, loss of
business information,
or any other pecuniary or consequential loss (even where We have
been notified by
you of the possibility of such loss or damage).
11.4
We shall not be liable in contract, tort, negligence, or
otherwise, for any loss
or damage whatsoever arising from or in any way connected with
Your use, of any
link used in connection with The Company Services. We are not
responsible
for the content of any linked sites.
11.5
You confirm that We shall not be liable to you or any third
party for any modification
to, suspension of or discontinuance of The Company Services.
11.6
You agree that, in the event that the Interactive System or The
Company
Services fail to operate correctly as a result of, but not
limited to, any delay
or interruption in operation or transmission, any loss or
corruption of data or
communication or lines failure, any person's misuse of The
Company Services
or their contents or any error or omission in content or any
other factors beyond
Our control:
a.
The Company will not be responsible for any loss,
including loss of winnings,
that may result; and
b.
If any such errors result in an increase in winnings
owed or paid to You, You shall
not be entitled to the winnings falling within such
increase. You shall immediately
inform the Company of the error and shall repay any
winnings credited to
Your Player Account in error to The Company (as
directed by The Company)
or The Company may, at its discretion, deduct an
amount equal to those winnings
from Your Player Account or set off such amount
against any money owed to You by
The Company.
Miscarried and aborted games, Errors
12.1
In the event of a game, bet or system malfunction all bets
and/or wagers are void.
12.2
In the event a game or bet is started but miscarries because of
a failure of the system,
The Company shall refund the amount wagered in the game or the
bet, as applicable, to You
by crediting it to the Your Player Account or, if the account no
longer exists, by paying
it to You in an approved manner; and if You have an accrued
credit at the time the game miscarried,
credit to Your Player Account the monetary value of the credit
or, if the account no longer exists,
pay it to You in an approved manner.
12.3
If The Company mistakenly credits You with winnings that do not
belong to
You, whether due to a technical or human error or error in the
published pay tables
or gaming software, or otherwise, the amount will remain
property of the Company
and the amount will be transferred from Your Player Account. If
prior to The Company
becoming aware of the error You have withdrawn funds that do not
belong to You,
without prejudice to other remedies and actions that may be
available at law, the
mistakenly paid amount will constitute a debt owed by You to The
Company.
In the event of an incorrect crediting, You are obliged to
notify The Company
immediately by email.
Indemnity
13.1
You agree to fully indemnify, defend and hold Us, and Our
officers, directors, employees,
agents, contractors and suppliers, harmless, from and against
all claims, liabilities,
damages, losses, costs and expenses, including legal fees,
arising out of any breach
of this Agreement by You, and any other liabilities arising out
of Your use of The
Company Services or use by any other person accessing The
Company
Services using Your User identification, whether such use is
with or without Your
knowledge and/or express authorization.
13.2
In addition to any other remedy available, if you breach any of
these terms and
conditions of this Agreement or The Company has reasonable
grounds for suspecting
that You have breached the terms and conditions of this
Agreement, in addition to
any other remedies available to The Company, Your winnings may
be forfeited
at the discretion of The Company and The Company may retain any
positive
balance then existing in Your Player Account on account of any
damages or other
amounts owed by You to The Company pending investigation and/or
the conclusion
of any legal proceedings. Failure to comply with this Agreement
may also result
in disqualification, Player Account closure and/or legal action
being taken against
You.
Changes to the Agreement
14.1
We reserve the right to change these Terms of Service, the Games
Rules, Bonus Policy and Cash Out Policy at any time, so we
encourage you to re-visit this page frequently to be updated of
any amendments to these terms. We will provide prior notice to
you through your account of substantial changes of these Terms
of Service (and any related terms) and/or we will send you an
e-mail regarding such changes to the e-mail address linked to
your account. Such substantial changes will take effect seven
(7) days after such notice was provided on any of the above
mentioned methods. Otherwise, all other changes to these Terms
of Service are effective as of the stated “Last Revised” date,
and your continued use of the Services after the Last Revised
date will constitute acceptance of, and agreement to be bound
by, those changes.
14.2
If you disagree with the changes made to this Agreement and/or
to the Privacy Policy,
the Games Rules, the Bonus Policy and the Cash Out Policy, you
should immediately
cease all activity in your Player Account including using The
Company
Services, close your Player Account and request that We
unsubscribe you from all
correspondence from The Company Services.
Chat Feature
15.1
As part of your use of The Company Services We may provide you
with a
chat facility which is moderated and subject to controls. We
reserve the right to
review the chat and to keep a record of all statements made on
such facility. Your
use of the chat facility should be recreational and socializing
purposes and is
subject to the following rules:
15.1.1
You shall not make any statements that are sexually
explicit or grossly offensive,
including expressions of bigotry, racism, hatred or
profanity;
15.1.2
You shall not make statements that are abusive,
defamatory or harassing or insulting
to the operators of The Company Services;
15.1.3
You shall not make statements that advertise,
promote or otherwise relate to any
other online entities.
15.1.4
You shall not make statements about The Company, The
Company Services,
or any other Internet site(s) connected to The
Company that are untrue and/or
malicious and/or damaging to The Company.
15.1.5
You shall not collude through the chat rooms or
separate chats.
15.2
In the event of Your breaching any of the above provisions
relating to the chat
facility, The Company shall have the right to immediately
terminate Your
Player Account. Upon such termination The Company shall refund
to You any
funds which may be in Your Player Account over and above any
amount which may be
owing to Us at such time (if any). The Chat room functionality
may be removed by
The Company should it be abused
PLEASE NOTE: When using the chat facility any personally identifiable
information
that You submit, can be read, collected, or used by The Company, and The
Company
is not and shall not be responsible for the personally identifiable
information
that You choose to submit via the chat facility.Suspicious chats will be
reported
to the appropriate authorities.
Miscellaneous
16.1
Before a prize will be paid on any winning RVG Game, it must be
validated according
to this Agreement and the rules and procedures set by The
Company. We reserve
the right to make the sole and final decision as to the RVG
Game's winning status
and Our decision will be final, binding and subject not subject
to appeal.
16.2
We may, at Our sole discretion, refuse to register and provide a
Player Account
to any individual or close a Player Account, and to limit or
refuse a wager. Subject
to the provisions of this Agreement, in the event a Player
Account is closed or
refused, We shall honor the contractual obligations already
entered into.
16.3
By signing this Agreement and ticking the appropriate box upon
registration
You hereby agree to receive any communications or advertising
from The Company regarding its services or products including by
electronic
mail and SMS. Should You wish to "opt-out" of receiving
communication from us at
any time please let us know by sending a blank message with the
word "remove" to
support@PlayFrank.com.
Should You wish to "opt-out" of receiving SMS marketing messages
communication
from us at any time please let us know by replying "stopmessage"
to any of our SMS
sent to you.
16.4
We reserve the right to suspend, change, modify, add or remove
any RVG Game(s) used
by The Company Services without any prior notice to Our Players
and with
immediate effect. We shall not be liable for any loss suffered
by You resulting
from any changes made and You shall have no claims against The
Company in
such regard.
16.5
We reserve the right to offer, from time to time, bonuses and/or
promotions and
special offers and that any such offer will be subject to its
own rules and conditions.
We reserve the right to withdraw any of these special offers and
bonuses at any
time. In the event that The Company believes a user of The
Company
Services is abusing or attempting to abuse a bonus or other
promotion, or is likely
to benefit through abuse or lack of good faith from a gambling
policy adopted by
The Company, then The Company may, at its sole discretion, deny,
withhold
or withdraw from any user any bonus or promotion, or rescind any
policy with respect
to that user, either temporarily or permanently, or terminate
that user's access
to The Company Services and/or block that user's Player Account.
In addition,
we The Company reserves the right to decline any pending cashout
under these
conditions.
16.6
You agree that We may, at our sole discretion, assign this
Agreement,
in whole or in part, to any third party or person upon prior
notice to you, and you will be
deemed as having given you to consent to such assignment if You
continue using The Company Services following receipt of such
notice.
16.7
You understand that you will receive electronic communications
from us, posted via
the Aspire Global International LTDAspire Global 7 Limited Services and/or sent to you via e-mail.
All such communications
will be considered "in writing" and will be considered received
by you after 4 business
days, whether you have actually received them or not.
16.8
The enforceability or validity of any part of this Agreement
shall not affect the
validity and enforceability of the remainder of this Agreement.
16.9
This Agreement contains the entire agreement between You and Us
relating to use
of the Aspire Global International LTDAspire Global 7 Limited Services.
16.10
This Agreement has been drafted in the English language. In the
event of any discrepancy
between the meanings of any translated versions of this
Agreement and the English
language version, the meaning of the English language version
shall prevail.
16.11
No waiver by Us of any terms of this Agreement shall be
construed as a waiver of
any preceding or succeeding breach of any terms of this
Agreement.
16.12
Unless otherwise expressly stated, nothing in this Agreement
shall create or confer
any rights or any other benefits to third parties.
16.13
Nothing in this Agreement shall be construed as creating any
agency, partnership,
trust arrangement, fiduciary relationship or any other form of
joint enterprise
between You and Us.
Governing law
This Agreement shall be governed by, and interpreted in accordance with, the
laws of Malta you irrevocably submit, for Our benefit, to the exclusive
jurisdiction
of the courts of Malta to settle any disputes (including claims for set off
and
counterclaims) which may arise in connection with the creation, validity,
effect,
interpretation or performance of, or the legal relationships established by,
this
Agreement or otherwise arising in connection with this Agreement.
This Agreement has been updated on 6.1.2019.
PLEASE PRINT AND RETAIN A HARD COPY OF THIS AGREEMENT FOR YOUR RECORDS.
Version 253
Updated on 2019.1.6.
TERMS OF SERVICE
INTRODUCTION AND TABLE OF CONTENTS
1.1
AG Communications LTD ("us", "we" "our" or the "Company") is
incorporated under the laws of Malta, which is licensed by the
Gambling Commission for the purposes of operating and offering
internet gambling services in Great Britain.
1.2
PLEASE ENSURE THAT YOU READ CAREFULLY AND UNDERSTAND THESE TERMS
OF SERVICE BEFORE YOU START TO USE THE SERVICES AND/OR SOFTWARE.
THE TERMS OF SERVICE CONTAIN IMPORTANT INFORMATION ABOUT THE
LEGAL AGREEMENT BETWEEN YOU AND US, AND PROVIDE INFORMATION
ABOUT WHAT OTHER POLICIES FORM PART OF OUR RELATIONSHIP WITH
YOU.
1.3
Please note that the Agreement (as defined below) constitutes a
legally binding agreement between you and us. By registering
with us and/or by using the Services (as defined below) and/or
Software (as defined below), you agree to be bound by the
Agreement. The Agreement will govern your use of the Site,
Services and Software. If you do not agree to any of the
provisions of the Agreement (as defined below) you should
immediately stop using the Site, Services and Software.
1.4
In addition to the Terms of Service, you should also read our
Privacy Policy carefully, which sets out how we collect and use
your personal information. Privacy
and Cookie Policy.
1.5.
Your use of our Services and the Software is also subject to the
following additional policies ("Additional Policies"):
1.5.1.
Responsible
Gaming Policy - information contained in
this policy relates to preventing compulsive
gambling, setting self-limits and how to
self-exclude.
1.5.2.
Cash
Out Policy - information is contained in
this policy regarding how you may withdraw real
money funds from your Player Account.
1.5.3.
Bonus
Policy - information is contained in this
policy with regards to bonuses and promotions which
we may run from time to time.
1.6.
IF YOU DO NOT AGREE TO ANY OF THE PROVISIONS OF THE AGREEMENT
YOU SHOULD IMMEDIATELY STOP USING THE SITE, SERVICES AND
SOFTWARE.
1.7.
We may suspend, modify, remove or add to the Services and/or
Software at any time.
Table Of
Contents
SECTION
SECTION HEADING
1.
INTRODUCTION AND TABLE OF CONTENTS
We provide you with introductory information about the Terms
of Service and further terms and conditions that will apply
to you.
2.
DEFINITONS AND INTERPRETATION OF THE
AGREEMENT
We provide you with information regarding some of the defined
terms used in the Terms of Service and how you are to read
the phrases in the agreement.
3.
YOUR USE OF THE SERVICES AND SOFTWARE
We provide you with information with
regards to your uses of the services and identity
verification.
4.
YOUR USE OF THE INTELLECTUAL PROPERTY
We provide you with information with regards to intellectual
property
5.
YOUR PLAYER ACCOUNT
We provide you with information regarding the use of your
Player Account.
6.
PROHIBITED USES OF THE SERVICES, THE SOFTWARE
AND/OR THE SITEBY YOU
We provide you with information with regards to activates
which are not permitted.
7.
HOW YOUR PLAYER ACCOUNT CAN BE TERMINATED
We provide you with information
regarding how your Player Account and the Agreement can be
terminated.
8.
WHAT HAPPENS ON TERMINATION OF YOUR PLAYER
ACCOUNT
We provide you with information on what happens on
termination of your Player Account.
9.
PAYMENTS
We provide you with information on how you can make payments
and with how we handle payments from you.
10.
YOUR COMPLAINTS
We provide you with information on how a complaint can be
made by you and how it is resolved.
11.
LIMITS ON OUR LIABILITY
We provide you with information in what instances we will be
liable to you and limitation on our liability.
12.
YOUR RESPONSIBILITY TO COMPENSATE US AND OUR WHITE LABEL PARTNERS
This section sets out when you will be responsible for
compensating us and White Label Partners.
13.
OUR AMENDMENTS TO THE AGREEMENT
We provide you with information on how
we may amend the Agreement.
14.
YOUR USE OF THE CHAT FEATURE
We provide you with the rules
regarding your use of the Chat Feature
15.
OUR PROMOTIONS
We provide you with information
regarding promotions.
16.
GENERAL TERMS WHICH APPLY TO THE AGREEMENT
We provide you with information general terms and conditions
which apply to the Agreement.
17.
GOVERNING LAW AND
JURISDICTION
We provide you with information
regarding the law that governs our relationship with you.
DEFINITIONS USED IN THIS AGREEMENT AND INTERPRETATION OF THE AGREEMENT
In this Agreement the following terms have the meanings set out below:
Agreement
has the meaning given to it in Section 1.5.
Additional Policies
has the meaning given to it in Section 1.5.
Error
has the meaning given to it in Section 11.6
Fraudulent Activity
has the meaning given to it in Section 6.1
Intellectual Property
has the meaning given to it in Section 4.2.
Gambling Commission
means the regulator of commercial gambling in Great
Britain whose website is located at
www.gamblingcommission.gov.uk.
Maximum Win Per Bet
has the meaning given to it in Section 20.2.
Maximum Winnings Per Month
has the meaning given to it in Section 20.3.
Prohibited Practices
has the meaning given to it in Section 6.1;
Site
means the website located online at
PlayFrank and its related mobile/tablet
application. .
Site Content
has the meaning given to it in Section 4.3.
Software
means the software used by us to make the Services
available to you through the Site.
Services
means the online gambling services made available to
you through the Site.
Player Account
means the account opened by a person with us through
the Site which enables you to use the Software
and/or Services.
us, we, our or the Company
has the meaning given to it in Section 1.1.
User Name and Password
means the username and password for your Player
Account, which you choose when you register to use
the Services.
White Label Partner
means an entity which is not part of our corporate
group who owns the Site which is operated by us.
you, your or yours
shall refer to the user of the Services, the
Software and/or the Site.
2.1.
In the Agreement any phrase introduced by the terms "inclusive"
"including", "include", "in particular" or any similar
expression shall be construed as illustrative and shall not
limit the sense of the words preceding those terms.
2.2
The headings in this Terms of Service are for ease of reference
only and shall not affect its construction.
2.3
In this Agreement, if the context so requires, references to the
singular shall include the plural and vice versa.
YOUR USE OF THE SERVICES AND SOFTWARE
3.1
The Services and Software are intended to be used by you if you
play with us or register with us in the United Kingdom.
3.2
We will not be responsible if you use the Services in an illegal
manner or in a way which is not authorized by us.
3.3
If you are under the age of 18 and gamble you are committing a
criminal offence in the United Kingdom.
3.4
We will take steps to verify that you are 18 years of age or
older, before you can:
3.4.1
deposit any funds in your Player Account;
3.4.2
wager any real funds or bonuses on the Site; or
3.4.3
play any free-to-play version of any gambling game
that we offer on the Site.
3.5
Before you can gamble on the Site, we will also take
steps to verify at a minimum, your identity by
verifying your name,
address and date of birth.
3.6.
If on completion of such age and/or identity verification
processes, you are found to be under the age of 18 and/or have
provided false and/or inaccurate information on registration
with the Site:
3.6.1
we will close your Player Account in accordance with
applicable regulation; and
3.6.2
terminate the Agreement. You will not be able
to gamble until we are able to verify your age and
identity as set out above.
3.7
During their engagement period and for a period of 24 months
thereafter: (i) no officer, director, employee, consultant or
agent of ours, or any other company within our corporate group;
and/or (ii) any of our or any other company within our corporate
group's suppliers, vendors or White Label Partners, is permitted
to use the Services directly or indirectly. This restriction
also applies to relatives of such persons and for this purpose
'relative' means any spouse, partner, parent, child or sibling.
3.8
You are fully aware that there is a risk of losing money when
gambling by means of the Services and/or Software.
3.9
You shall access the Software and use the Services only via your
Player Account.
3.10
You may at your discretion choose to exclude yourself from using
the Services for a definite or an indefinite period. For further
information please see our Responsible
Gaming Policy.
YOUR USE OF THE INTELLECTUAL PROPERTY
4.1
You may only use the Site and/or the Software and all content
which is made available through the Site and/or the Software in
connection with your own personal non-commercial use in
accordance with the terms of the Agreement.
4.2
All rights in the logos, designs, trademarks, brands, brand
names, services marks and trademarks ("Intellectual Property")
used on the Site belong to us, to a company within our corporate
group, the White Label Partner or to our licensors (as
applicable).
4.3
In addition, we, a company within our corporate group, the White
Labe Partner or our licensors (as applicable) own the rights in
all other content of the Sites including, but not limited to,
the Software, images, pictures, graphics, photographs,
animations, videos, music, audio and text (the "Site
Content").
4.4
Your use of the Services or the Site will not give you any
rights to the Intellectual Property or the Site Content.
YOUR PLAYER ACCOUNT AND YOUR CONFIRMATIONS AND ACKNOWLEDGEMENTS
5.1
In order to use the Services, you must have a Player Account.
5.2
You hereby confirm and acknowledge that:
5.2.1.
You are at least 18 years of age;
5.2.2.
All details and documentation which you provide us
with in order to open a Player Account or at any
time afterwards are correct, true and complete;
5.2.3.
You will update your Player Account details promptly
if there is any change in the details you have
provided us with. We may disclose some or all of the
details, which you provide us, with to our partners
for the purposes of carrying out various functions
required for delivery of the Services to you,
including for the purposes of verification and
authentication of your personal details, as well as
for the purposes of communicating to you promotional
material and information relating to and our
partners’ products and services. Please see the
Privacy Policy for further details.
5.2.4.
You will only use the Player Account and the
Services for your personal and non-commercial use
only;
5.2.5.
You will not use your Player Account on behalf of
another person;
5.2.6.
You may only register one Player Account;
5.2.7.
You will not reveal your Username and Password to
any person;
5.2.8.
We will not be responsible for any misuse or access
to your Player Account unless this is directly
related to our failure to provide the Services in
accordance with reasonable care and skill;
5.2.9.
Should you become aware or become suspicious of any
unauthorized use of your Player Account and/or your
Username and Password, you will immediately notify
us and we reserve the right to suspend your Player
Account pending further investigation of such
unauthorized use;
5.2.10.
Funds held in your Player Account do not accrue
interest;
5.2.11.
You are fully responsible for paying all monies owed
to us;
5.2.12.
You agree not to deny or reverse any payment which
you have made to us or have sent to us. You will
reimburse us for any denial or reversal of any
payment you make or which you have sent to us and
any losses suffered by us as a consequence;
5.2.13.
You will not use the Services through another
person's Player Account;
5.2.14.
You will not open more than one Player Account with
the Site;
5.2.15.
It is your responsibility to ensure the details of
the wagers which you make are correct;
5.2.16.
You will not commit any acts or display any conduct
on the Site that damages our reputation;
5.2.17.
You are solely responsible for recording, paying and
accounting to any relevant governmental, taxation or
other authority for any tax or other levy that may
be payable on any winnings paid to you;
5.2.18.
You are solely responsible for the connection of
your mobile device, tablet and/or personal computer
to any telecommunications networks and Internet
access services and obtaining other consents and
permissions required for such devices in order to
use the Services and/or the Site;
5.2.19.
You have not held a Player Account with us that was
terminated or suspended as a result of your breach
of the Agreement or that you have not notified us,
now or in the past, that you have a gambling
addiction;
5.2.20.
You will not place a bet which is greater than the
funds which you have in your Player Account. If you
do not have sufficient funds in your Player Account
to cover a bet we may cancel such bet, even if it
has been accepted by us;
5.2.21.
You will not deceitfully take advantage of our
bonuses and promotions;
5.2.22.
You will not intentionally disconnect from a game in
a way which is intended to disrupt the standard
operation of that game; and/or
5.2.23.
You will not collude with another player to gain an
unfair advantage against us or any other player.
5.3
You will not transfer funds from your Player Account to another
Player Account.
5.4
In case the reason behind the closure of your Player Account is
related to concerns about possible gambling addiction you shall
indicate it. If you request to close your Player Account you may
undergo retention attempts, unless we are not permitted for
legal or regulatory reasons. Retention procedures include
without limitation contacting you through different channels for
clarifying the reason for the request and specific treatment in
order to solve possible problems and to improve customer
satisfaction.
5.5
We are required by our licence to inform customers about what
happens to funds which we
hold on account for you, and the extent to which funds are
protected in the event of insolvency
click here.
We hold customer funds separate from company funds in a
financial institution in Malta in
accordance with Maltese legislation, which sets out that any
creditors have no claim or right of
action on or against the customer funds. This means that steps
have been taken to protect customer
funds but that there is no absolute guarantee that all funds
will be repaid in any event of insolvency.
This meets the Gambling Commission’s requirements for the
segregation of customer funds at the level: medium
protection."
5.6
Your Player Account is made up of a real money funds balance and
a bonus funds balance. If you have both real money funds and
bonus funds in your Player Account, the next wager you make will
use real money funds first. If your you place a bet where the
real money funds in your Player Account is not sufficient to
cover such bet and you use bonus funds to cover the rest of such
bet, your winnings from any such bet placed by you, will be paid
to you in proportion to the real money funds and bonus funds you
have used to place such bet. By way of example only, if you
place a bet of £10 (ten pounds), of which such bet is made up of
£4 (four pounds) from your real money balance and £6 (six
pounds) from your bonus balance and such bet generates a win of
£30 (thirty pounds), your Player Account will be credited with
£12 (twelve pounds) to your real money balance and £18 (eighteen
pounds) in bonus funds to your bonus balance. All such winnings
generated by bonus funds will be subject to the terms of the Bonus
Policy.
5.7
You confirm that at the time your register a Player Account you have not self-excluded from the
Website or by registering with GAMSTOP. In the event we believe that you have registered with
GAMSTOP or that you have provided us with any details which are not true and accurate (for example
using shortened or different names or an altered date of birth), we shall be entitled to close your
Player Account and terminate the Agreement and we will not be liable to refund you any amount.
PROHIBITED USES OF THE SERVICES, THE SOFTWARE AND/OR THE SITE BY YOU
6.1.
If we have reasonable grounds to believe that you have engaged
and/or are engaging in any Prohibited Practices, Fraudulent
Activity and/or Unlawful Activity with regards to the Software
and/or Services, we shall be entitled to close Your Account and
terminate the Agreement.
For the purposes of this Agreement, “Prohibited Practices” means
any and/or all of the following:
(i)
using funds for, or in the course of your use of,
the Services where the source of, or activity giving
rise to, such funds is unlawful and/or illegal;
(ii)
engaging in money laundering activities (or
activities regarded as such);
(iii)
depositing funds originating from unlawful and/or
illegal activities;
(iv)
using any software programme, robot or external aid,
in the course of your use of the Services which is
endowed with artificial intelligence, makes
automated decisions or enables play without human
intervention;
(v)
breaking into, attempting to break into or otherwise
circumventing our security measures and/or systems
in any way and by any means;
(vi)
exploiting and/or taking advantage of any bug, fault or error in the Software through your use of the Services or other forms of technical abuse;
(vii)
sharing of any funds and/or winnings with another player;
(viii)
any practice which we reasonably consider likely to
cause us to breach any legal and/or regulatory
obligation, with which we are required to comply;
(ix)
use of the Services for any commercial purpose
whatsoever;
(x)
any attempt to reverse engineer the Software or use
the Site Content or Intellectual Property accessible
via the Site in any way other than to receive the
benefit of the Services through the Site as
contemplated by this Agreement;
(xi)
any other similar or related behaviour, practice or
activity to that described in (i) - (xi) above
and/or any other behaviour, practice or activity
which represents, in our reasonable opinion, a
material breach of the terms and conditions set out
in the Agreement.
“Fraudulent Activity” means:
(i)
using (or attempting to use) a stolen, cloned or unauthorised debit card in your use of the Services, or otherwise using (or attempting to use) any other payment method or source of funds in your use of the Services which you are not entitled to use (whether in your use of the Services or otherwise);
(ii)
any action which is intended to (or does) defraud us or any
other third party (including any other user of the Services).
(iii)
exploitation of any loophole in your use of the Services in a deceitful manner;
(iv)
any use of the Services through another person’s Player Account;
(v)
opening more than one Player Account with the Site;
(vi)
collusion with others to gain an unfair advantage in your use of
the Services and/or the Software (including through bonus schemes or incentive
schemes offered by us);
(vii)
collusion with others with respect to any bets placed which
involves the same or materially the same bets in order to
minimise your loses;
(viii)
where you operate and/or you operate with another player or a
group of players systematically whether directly or indirectly with the intention of gaining
an unfair advantage to the disadvantage of another player and/or
to perform any deceitful act in relation to any other player
and/or us including without limitation using any practice and/or
techniques to cheat any other player, us and/or by playing as a
group;
(ix)
we become aware that you have been found guilty of fraudulent and/or collusive behaviour with respect to an online gaming operator and/or criminal activities;
(x)
any attempt to register using false or misleading account
information;
(xi)
taking any deceitful activity (which includes without limitation
taking advantage of) with regards to:
(a) any bonus promotion offered on any of the websites and/or
applications operated by us and/or any member of our corporate
group, including without limitation:
(1) opening multiple accounts with the websites and/or
applications which we or a member of our corporate group
operate;
(2) by opening multiple accounts which can't be distinguished
between in order to obtain a bonus related to a welcome offer
several times on any website and/or application operated by us
and/or any member of our corporate group;
For a full list of the websites and/or applications operated by
us and/or any member of our corporate group please click
here.
(b) our and/or any member of our corporate group's free to play
websites and/or applications and/or free games offers including
without limitation continually playing with free games and/or by
acquiring all the tickets for a free game
(c) in the case of repeated patterns of depositing, withdrawing
and then redepositing where the sole purpose is to obtain
deposit bonus; and/or
(d) taking advantage of our welcome related bonus. For example:
player opens account , claims welcome bonus, plays a few bets on
Roulette, then wins and remove the bonus in order to withdrawal;
and/or
(x)
any other fraudulent activity in the course of your use of the
Services.
6.2.
If we have reasonable grounds to believe that you will engage in, have engaged and/or are engaging in any Prohibited Practices, Fraudulent Activity and/or Unlawful Activity with regards to the Software and/or Services, we may suspend your Player Account and during such period of such suspension you must not use the Services and/or Software nor will you be able to deposit and/or withdraw from your Player Account.
6.3.
We reserve the right to inform our affiliates, relevant authorities, other online gaming or gambling operators, other online service providers and banks, processing companies, card companies, electronic payment providers and/or other financial institutions of your identity and of your engagement or attempted engagement in any Prohibited Practices, Fraudulent Activity and/or Unlawful Activity. You agree to fully cooperate with us with our investigation into any such Prohibited Practices, Fraudulent Activity and/or Unlawful Activity and acknowledge that we may also disclose your identity and information on your engagement or attempted engagement in any Prohibited Practices, Fraudulent Activity and/or Unlawful Activity to any third party engaged by us to assist us in any investigation we carry out.
engaged by us to assist us in any
investigation we carry out.
6.3.
We reserve the right to inform our affiliates, relevant authorities, other online gaming or gambling operators, other online service providers and banks, processing companies, card companies, electronic payment providers and/or other financial institutions of your identity and of your engagement or attempted engagement in any Prohibited Practices, Fraudulent Activity and/or Unlawful Activity. You agree to fully cooperate with us with our investigation into any such Prohibited Practices, Fraudulent Activity and/or Unlawful Activity and acknowledge that we may also disclose your identity and information on your engagement or attempted engagement in any Prohibited Practices, Fraudulent Activity and/or Unlawful Activity to any third party engaged by us to assist us in any investigation we carry out.
6.4.
If You suspect that any player using the Services is engaging and/or attempting to engage in any Prohibited Practices, Fraudulent Activity and/or Unlawful Activity, please let us know via email to:
care@PlayFrank.com;
HOW YOUR PLAYER ACCOUNT CAN BE TERMINATED
7.1.
You may close your Player Account and terminate the Agreement at
any time, by contacting us at care@PlayFrank.com
and we shall terminate your Player Account within 7 days of our
receipt of such request to the email address care@PlayFrank.com.
The Agreement will terminate when we close your Player Account,
You will be responsible for any activity on your Player Account
until we close your Player Account.
7.2
We reserve the right to close your Player Account and terminate
the Agreement with immediate effect:
7.2.1
if we stop providing the Services and/or the Software through
the Site;
7.2.2.
if we stop making the Site available;
7.2.3.
you are in breach of the Agreement;
7.2.4.
in accordance with Section 6.1; or
7.2.5.
in accordance with Section 3.6,5.7 and/or 9.6.
In the event that we are to stop: (i) providing the Services
and/or Software through the Site; or (ii) making the Site
available, we shall provide you with reasonable prior notice of
our intention to do so.
7.3.
On termination of the Agreement, you will immediately stop using
the Services, Software and the Site and you will promptly pay
all amounts which you owe to us when requested in the manner
that you would normally do so or as otherwise directed by us.
WHAT HAPPENS ON TERMINATION OF YOUR PLAYER ACCOUNT
8.1
In the event that your Player Account is terminated by you in
accordance with Section 7.1 or by us in accordance with Section
7.2.1, 7.2.2 or 7.2.3, we will cancel all of your open bets
at the time of termination, return to you your real money
balance in your Player Account lawfully belonging to you minus
any sum owed to us and/or any amount required to be withheld by
applicable law or regulation. [please insert links to the
relevant section]
8.2.
In the event that we terminate your Player Account and the
Agreement in accordance with Section 7.2.4, subject to Section
3.6, we will cancel all your open bets at the time of
termination and shall be entitled to withhold
the whole or part of the balance in your Player Account to the
extent of any claim we have against you, and/or recover the
amount of any deposits, winnings or pay-outs which have been
affected by or are in any way attributable to any Prohibited
Practices, Fraudulent Activity or Unlawful Activity. (each as defined in Section 6.1).
CURRENCY AND PAYMENTS
9.1
You may cash out from your Player Account in accordance with the
Cash
Out Policy.
9.2.
You understand that all financial account transactions will be
handled by us, or third party electronic payment processors
and/or financial institutions on our behalf and checks on
financial account transactions shall be done to prevent money
laundering. We reserve the right to run credit checks with third
parties using the information submitted to us by you through the
opening of the Player Account.
9.3.
We reserve the right to refuse accepting and paying through any
means of payment, such as certain debit cards, personal checks,
electronic wallets and any other types of payment methods, in
accordance with our Deposits Table and Cash
Out Policy.
9.4.
We reserve the right to credit you back using the same method as
you have previously deposited with, for as long as the method so
used allows, as per our Cash
Out Policy.
9.5.
We may, at any time, set off any positive balances in your
Player Account against any amount owed by you to us. By way of
example, in the event that following the settlement of a bet in
your Player Account a resettlement is required, we reserve the
right to deduct from your Player Account any required amount of
money.
9.6.
All payments into your Player Account must be from a single
payment source, such as a credit card, debit card or charge
card, on which you are the named account holder.
9.7.
Deposit limits may apply depending on the payment method being
used. Please see our Deposit Table for further information.
9.8.
We reserve the right to charge you administrative fees during
your deposits and withdrawals as shall be detailed in the
"Cashier."
YOUR COMPLAINTS
10.1
If you have a complaint, you can contact us at:care@PlayFrank.com.
We will seek to resolve a reported matter promptly. Complaints
will be escalated internally according to the urgency and nature
of the complaint, and once a solution has been identified it
will be made known to you as soon as reasonably possible.
10.2.
If your complaint relates to the outcome of a gambling
transaction and for some reason you are not satisfied with the
resolution of your complaint by us within 8 weeks of us having
received your complaint and where you have cooperated with us in
relation to the complaints process in a timely manner, you may
refer the dispute free of charge to the Independent Betting
Adjudication Service (IBAS) Where you refer your claim to IBAS
you should do so promptly. More information regarding IBAS's
dispute resolution services can be found at:
ibas-uk .
For
an adjudication form please send an email to:
ibas-uk.com/consumers/claim-wizard/
10.3.
Our complaints procedure does not stop you from filing a claim
with the courts in accordance with Section 17 or from filing a
complaint via the European Commission's Online Dispute
Resolution Platform available at:
europa.eu/consumers/odr
10.4.
The complaints procedure will not affect any rights which you
may have under applicable law.
LIMITS ON OUR LIABILITY
11.1.
We will provide the Services with reasonable skill and care to
you and within a reasonable time and nothing under this
Agreement (including this Section 11) shall exclude, limit or
restrict our liability for any failure to do so. You have
certain legal remedies if we breach any of these rights which
may apply irrespective of the terms of the Agreement.
11.2
We make no promises to you (other than as provided in Section
11.1) that the:
11.2.1.
information provided to you by the Software and/or Services is
accurate and/or reliable;
11.2.2.
the Software and/or Services are error free;
11.2.3.
defects in the Services and/or Software will be corrected;
11.2.4.
the Services and/or the Software will always be fully
operational;
11.2.5.
the Software and/or Servicers are free from viruses; and / or
11.2.6.
the Software and/or Servicers are free from bugs.
11.3.
Other than as provided in Section 11.1 and/or Section 11.8, we
will not be responsible to you nor any third party for any loss,
damage, expenses or costs which in anyway relate to:
11.3.1.
your use of the Services and/or Software;
11.3.2.
if we suspend or modify the Software and/or Services; and
11.3.3.
the content of a third party site which you access through a
link made available by us; and / or
11.3.4.
if we stop making the Software and/or Services available to you.
11.4.
In addition to Section 11.3, other than as provided in Section
11.1 and Section 11.8, we will not be responsible to you nor
any third party for any:
11.4.1.
indirect or consequential loss;
11.4.2.
loss of any profit;
11.4.3.
loss of any information;
11.4.4.
loss caused by any internet or any telecommunications service
provider that you have engaged in order to access the Services;
11.4.5.
content you upload onto our chat facility which is made
available to you as part of our Services;
11.4.6.
loss which is caused by the device through which you access the
Services;
11.4.7.
loss caused by incorrect entries made by you, including data
input errors with respect to the bets which you make; and/or
11.4.8.
any event which is outside our reasonable control, this includes
any telecommunications network failures, power failures,
failures in third party computer (or other) equipment,
cyber-attack fire, lightning, explosion, flood, severe weather,
industrial disputes or lock-outs, terrorist activity and acts of
government or other competent authorities.
11.5.
Subject to the other provisions of this Section 11, our maximum
liability (including that of our group companies, officers,
employees and/or agents) in relation to this Agreement whether
such liability arises in contract, tort (including negligence)
or otherwise, shall not exceed:
11.5.1.
where our liability relates to a bet or a stake which was placed
or which was validly communicated to us to be placed, the amount
of such bet or stake in respect of which our liability has
arisen; and
11.5.2.
in respect of any other liability, 1,000 (one thousand pounds)..
11.6.
The Software and/or the Services may experience or be affected
by a:
11.6.1.
computer virus;
11.6.2.
computer or software malfunction;
11.6.3.
software bug;
11.6.4.
error (including a mis-statement of odds or pay tables, an
obvious error in the price / terms on which a bet or game is
offered or a manual or computer input error);
11.6.5.
delay; and/or
11.6.6.
failure to operate in accordance with the rules of the relevant
game or betting product,
(collectively and individually an "Error ").
We shall use reasonable endeavours to detect and notify you of
any Error as soon as reasonably practicable.
If we reasonably believe that you have received any winnings
and/or bonuses as a result of an Error, we may cancel any
winnings and/or bonuses and void any game and bet affected by
the Error.
Save in circumstances where we have reasonable grounds to
believe that the Error was caused by your involvement in any
Prohibited Practice, Fraudulent Activity or Unlawful Activity,
we shall refund you the bonus and/or wager which you have made
by crediting it to your Player Account or, if the Player Account
has been terminated, we shall refund you any such real money
wagered, through an approved payment method. In circumstances
where we have reasonable grounds to believe that the Error was
caused by your involvement in any Prohibited Practice,
Fraudulent Activity or Unlawful Activity, we shall be entitled
to withhold such bonus and/or amount wagered. Furthermore, in
each such case, subject to Sections 11.1 and 11.8, we will
have no liability to you for any loss of winnings and/or bonuses
in the event that any game or bet is voided or otherwise
affected by an Error.
11.7.
In the event we have credited your Player Account with winnings
and/or bonuses which do not rightfully belong to you, you are
obliged to notify us immediately by sending an email to the
following email address care@PlayFrank.com
11.8.
Nothing in the Agreement will exclude any liability which we
have to you which may arise from negligence causing death or
personal injury; or from fraud or fraudulent misrepresentation.
YOUR RESPONSIBILITY TO COMPENSATE US AND OUR WHITE LABEL PARTNERS
You will compensate us and the White Label Partner (where applicable) for
any loss, damages and costs that we and/or the White Label Partner suffers
as a result of your breach of Section 6.1.
AMENDMENTS TO THE AGREEMENT
13.1.
We reserve the right to amend the Agreement at any time and we
will notify you of any such amendment by publishing a new
version of the Agreement on this page of the Site. We may amend
the Agreement, including for commercial reasons, security
reasons to comply with law or regulations, to comply with
instructions, guidance or recommendations from a regulatory
body, or for customer service reason. Any modified version of
the Agreement will come into effect 14 days after its
publication on this page of the Site. We encourage you to
re-visit this page frequently to be updated of any amendments to
the Agreement.
13.2.
We will provide prior notice to you through your Player Account
of substantial changes of this Agreement and/or we will send you
an email regarding such changes to the email address linked to
your Player Account.
13.3.
If you disagree with any amendment made to this Agreement, you
should immediately cease using the Services and Software and
terminate your Player Account in accordance with Section 7.1.
YOUR USE OF THE CHAT FEATURE
14.1.
As part of your use of the Services, we may provide you with a
chat facility which is moderated and subject to controls. We
reserve the right to review the chat and to keep a record of all
statements made on such facility. Your use of the chat facility
should be recreational and socializing purposes and is subject
to the following rules:
14.1.1.
You shall not make any statements that are sexually explicit or
offensive, including expressions of bigotry, racism, hatred or
profanity.
14.1.2.
You shall not make statements that are abusive, defamatory or
harassing or insulting to any other person who use the Services
and/or to the people who provide you with customer support.
14.1.3.
You shall not make statements that advertise, promote or
otherwise relate to any other website and/or company.
14.1.4.
You shall not make statements about us, the Services, the
Software, the Site, or any other Internet site(s) connected to
us that are untrue and/or malicious and/or damaging to us.
14.1.5.
You shall not collude through the chat rooms or separate chats.
14.2.
PLEASE NOTE: When using the chat facility any personally
identifiable information that you submit, can be read,
collected, or used by other users of the Services who may use
such information to send you messages which you have not asked
for. We shall not be responsible for the personally identifiable
information that you choose to submit via the chat facility.
14.3.
Suspicious chats may be reported to the appropriate authorities.
OUR PROMOTIONS
15.1.
We may offer, from time to time, bonuses and/or promotions to
you. You can find more information with regards to our bonuses
in the
Bonus Policy and the Promotions page.
15.2.
As set out in the Bonus Policy, Your participation in each promotion and eligibility to receive any bonus, free spin, free bet, matched funds, benefit or other entitlement arising from any promotion (“Bonus”) and/or any winnings derived from, or made with, a Bonus (“Bonus Winnings”) is subject (in order of precedence) to: (i) the specific terms and conditions of the relevant promotion (“Promotion Terms”); (ii) the terms of the Bonus Policy and (iii) the terms of this Agreement.
15.3.
You shall not be entitled to receive (or if already received, we shall be entitled to withdraw) any Bonus or Bonus Winnings in the event that such Bonus or Bonus Winnings arose as a result of, or in connection with, any failure to comply with: (i) any Promotion Terms; (ii) the terms of the Bonus Policy; or (iii) any provision of this Agreement which entitles us to terminate this Agreement and close Your Player Account (including as a result of any Prohibited Practice, Fraudulent Activity or Unlawful Activity).
15.4.
15.4. Subject to the wagering restrictions set out in Section 20 and save in circumstances where we reasonably believe you have engaged in any Prohibited Practice, Fraudulent Activity or Unlawful Activity or as otherwise required by us to comply with any legal and/or regulatory requirement, we shall not impose any additional restriction on the stakes that you may wager on our sports betting product after you have made one or more qualifying bets required by any free bet promotion where such additional restriction affects your ability to complete the wagering requirements for that free bet promotion or otherwise receive any of the free bets (or the full expected value of the free bets) from that free bet promotion (an “Additional Account Restriction”). In the event that we do seek to impose on you an Additional Account Restriction, we shall credit you with the full expected value of the free bets from the relevant free bet promotion, to which you would have been entitled had you placed the relevant qualifying bets.
GENERAL TERMS WHICH APPLY TO THE AGREEMENT
16.1.
You agree that we may, at our sole discretion, transfer our
obligations under the Agreement in whole or in part to any
person without notice to you, provided that any such transfer
will be on the same terms or terms that are no less advantageous
to you.
16.2.
If any part of the Agreement is determined by any competent
authority to be invalid, unlawful or unenforceable, the other
provisions of the Agreement shall continue to be in force. Such
invalid, unlawful or unenforceable term, shall be interpreted as
closely as possible to its original aim.
16.3.
The Agreement is the entire agreement between you and us with
respect to the Site, the Services and/or the Software.
16.4.
These Terms of Service have been prepared in various languages
other than English for reference only. In the event of any
differences between the English version of these Terms of
Service and any non-English versions, the English version shall
prevail.
16.5.
Nothing in the Agreement shall be construed as creating any
agency, partnership, or any other form of joint enterprise
between you and us.
16.6.
No waiver by us of any term of this Agreement shall be construed
as a waiver of any prior or following breach of any term of this
Agreement.
16.7.
Unless otherwise expressly stated in the Agreement, nothing in
this Agreement shall create or confer any rights or any other
benefits to third parties.
GOVERNING LAW AND JURISDICTION
This Agreement and the relationship between you and us will be governed by,
and interpreted in accordance with the laws of England and Wales. If you
wish to take court proceedings against us you must do so in the courts
located in England and Wales.
JACKPOT WINNINGS
Jackpot prizes shall be awarded to the winners only after being validated.
Create Account
Login
Loading PlayFrank for you now!
