Terms and Conditions - as from 30th April 2016
McBookie is the trading name for McBookie Limited. Any reference to McBookie also refers to the former Victor Chandler websites.
1. OPERATING AND REGULATORY INFORMATION
- McBookie Limited, trading as McBookie ("McBookie", "us" or "we") is established in and fully licensed by the Government of Gibraltar to undertake online and telephone betting and online gaming. We at all times comply with all applicable laws in Gibraltar and are regulated by the Gibraltar Gambling Commissioner, licence numbers: 001 and 014. The company's registered number is 42734 and its registered address is Suite 23 Portland House, Glacis Road, Gibraltar.
2. TERMS AND CONDITIONS
- 2.1 These General Terms and Conditions of Use together with the applicable
- Betting and Gaming Rules
- General Promotions Terms and Conditions
- Withdrawing Funds policy and Payout Limits policy
- Responsible Gaming Policy
- Cookies Policy
any other additional terms and conditions and/or rules that relate to and govern any particular event, game software, bonus, sign-up offer, other promotion or tournament in relation to any of the products and services that we offer, are referred to as the "Terms and Conditions".
In these General Terms and Conditions of Use, "Betting and Gaming Rules" shall, unless otherwise specified, include:
Sports Betting Rules
- 2.2 The Terms and Conditions set out the terms which exist between McBookie and the Customer ("You") when you access any of the products and services offered by us via the McBookie website located at the principal URL link: www.mcbookie.com and any device specific version of such website(s) owned by us such as www.mcbookie.mobi or other related mobile applications ("Website"), via the chat service on our Website ("Chat") and/or telephone call centre ("Telebetting"), together referred to as the "Services".
- 2.3 In the event that there is any specific conflict or inconsistency between any of the individual parts of the Terms and Conditions making up your contract with McBookie, the General Terms and Conditions of Use shall prevail.
- 2.4 These Terms and Conditions form a legally binding agreement between You and McBookie. By opening an account with McBookie through the Website or through accessing Telebetting or by otherwise indicating your acceptance when requested by us, You agree to be bound by the Terms and Conditions and You accordingly agree to the use of electronic communications in order to enter into contracts and waive any applicable rights or requirements which require a signature by hand, to the extent permitted by any applicable law.
- 2.5 In addition where you participate in any of the Services offered, You agree to be bound by our Betting and Gaming Rules including (but not limited to):
- 2.5.1 Casino Game Rules including Games and 'Slots' Rules
- 2.5.2 Live Casino Rules
- 2.5.3 in respect of any new games, the applicable game rules.
- 2.6 The Terms and Conditions governing your contract with McBookie were last updated on [30th April 2016] and supersede any previous Terms and Conditions. For the avoidance of doubt, each and all sections of the Website and Telebetting are governed by the Terms and Conditions, and You should ensure at all times that your use of the Services is in accordance with the Terms and Conditions.
3. CHANGES TO TERMS AND CONDITIONS
- 3.1 We may need to change the Terms and Conditions or add, amend or modify our Betting and Gaming Rules from time to time for a number of reasons which include, without limitation, commercial reasons, to comply with laws or regulations, instructions, guidance or recommendations from a regulatory body, or for customer service reasons. The most up-to-date Terms and Conditions can be accessed from the Terms and Conditions link in the footer section of the Website, and the date on which they will come into force will be noted in paragraph 2.6. If you wish to receive copies of former terms and conditions please contact our Customer Service Team, details of which can be found here.
- 3.2 Where McBookie wishes to make substantial changes to the Terms and Conditions, we will give You as much prior notice of such changes as is reasonably practicable via one of the following methods:
- 3.2.1 Email (to the email address You have previously supplied us with, if any);
- 3.2.2 A message on your Log-In Message Board;
- 3.2.3 A notice on the Website.
- 3.3 Where we make changes to the Terms and Conditions which we wish to notify You of directly, we will do so by such method of notification as we may, in our discretion, deem to be appropriate.
- 3.4 We may, at our discretion, invite You to accept the new Terms and Conditions by clicking on "yes" or "I accept", checking a 'tick box' or any other similar method of confirmation by You. If You provide us with any such confirmation, or if you continue to use the Services and/or Your Account after notification under this paragraph 3 (Changes To Terms And Conditions), You shall, from such time, be deemed to have accepted, and be bound by, the new Terms and Conditions (including any additions, removals, substitutions). If any change is unacceptable to You, You may either cease using the Services and/or close Your Account by following the steps in paragraph 12 (Closing Your Account) below.
4. ACCOUNT OPENING AND SECURITY
- 4.1 In order to participate in the Services, You are required to open an account with McBookie ("Your Account" or "Account").
- 4.2 When You open Your Account, You will be asked to provide us with your correct name, date of birth and personal details including an address, telephone number and e-mail address ("Your Contact Details").
- 4.4 You may only hold one account with us and you should not open, or permit or cause to be opened, additional accounts for yourself by any other person or using alternative contact details. Any other accounts which You open with us, or which are beneficially owned by You in relation to the Services shall be "Duplicate Accounts". We may close any Duplicate Account (but shall not be obliged to do so) in accordance with paragraph 11 (Suspension And Closure Of Account By Us) below.
- 4.5 In opening Your Account You warrant that:
- 4.5.1 You understand and accept the risk that, by participating in the Services, You may, as well as winning money, lose money;
- 4.5.2 You agree that bets are only valid when accepted in accordance with the applicable Betting and Gaming Rules;
- 4.5.3 You are over 18 years of age and above the age at which gambling or gaming activities are legal under the law or jurisdiction that applies to You ("Relevant Age");
- 4.5.4 Gambling is not illegal in the territory where You reside;
- 4.5.5 You are legally able to enter into contracts;
- 4.5.6 You have not been excluded or are not currently self excluded from gambling;
- 4.5.7 You have not previously had your account closed by us for any reason including but not limited to breaches of clause 10 and clause 11.4
- 4.5.8 You acknowledge that it is your responsibility to ensure that You understand and fully comply with any laws or regulations applicable in your own country or state.
- 4.6 Access to certain services or products offered by McBookie including the Services may not be legal for some or all residents of, or persons present in, certain countries. McBookie does not intend that its products and services be used by persons in countries in which such activities are illegal.
- 4.7 The making available by McBookie of any betting or gaming propositions or facilities (in particular, but not exclusively, on its Website(s)) does not constitute an offer, solicitation or invitation by McBookie for the use of, registration for, or subscription to, betting or other services in any jurisdiction in which such activities are prohibited by law.
- 4.8 Specific Conditions For Customers Resident or Domiciled in Germany:
- 4.8.1 Applicable Events.
- 4.8.2 Tax Obligations.
5. USER ID AND PIN
- 5.1 After opening Your Account, You must take all reasonable steps to avoid disclosing (whether deliberately or accidentally) your username, password and/or account number to anyone else, including ensuring that up-to-date security software is downloaded onto your computer and changing your password regularly. In accordance with our Responsible Gaming Policy, we advise that if your computer is used by children that any information in relation to Your Account is kept confidential and secure and You may wish to make use of parental control software such as netnanny (www.netnanny.com) or cybersitter (www.cybersitter.com).
- 5.2 McBookie takes no responsibility where your negligence or deliberate or fraudulent act has contributed to any third party access to Your Account and McBookie accepts no liability for bets placed or any other transactions on or misuse of Your Account resulting from such third party use (whether fraudulent or otherwise) of your personal security information (including your username, password and/or account number). Subject to our rights under paragraph 10 (Collusion, Cheating, Fraud and Criminal Activity), under no circumstances will any bet or transaction, whether or not authorised by You, be cancelled for these reasons.
- 5.3 If You suspect that your security information has been made available to any other person, You must notify our Customer Service department at once via telephone, chat or by emailing: firstname.lastname@example.org, so that your Account can be de-activated.
- If You forget your account number and/or password, please contact our Customer Services department, who will take You through a security procedure before disclosing the account number and/or issuing a new password via e-mail.
- 6.1 By agreeing to the Terms and Conditions:
- 6.1.1 You authorise us to undertake any such age, address or other verification checks from time to time as we may require for compliance, security or other business reasons or as required by third parties (including, but not limited to, regulatory bodies) ("Checks").
- 6.1.2 You accept that we may from time to time and at our sole discretion utilise the services of third party databases to validate the information You have supplied to us and You consent to Checks being made by these third parties. Personal information provided by You may be disclosed to a registered Credit Reference Agency for the purpose of performing Checks and the agency may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected.
- 6.2 If You are resident in Germany only, You agree to the following:
- 6.3 In certain circumstances and from time to time we may contact You and ask You to provide further information to us directly in order for us to complete Checks. For example, for this purpose, we will be entitled, at our sole discretion, to require that You provide us with ID (certified according to the applicable law of your jurisdiction) including proof of address, utility bills, bank details, bank statements and bank references. Until such information has been supplied to our satisfaction we may prevent any activity from being undertaken by You in relation to Your Account or we may, where we reasonably believe that deliberately incorrect information has been supplied by You, keep any amount deposited on Your Account following the closure of Your Account by us.
- 6.4 Whilst we are undertaking verification of the details You supplied to McBookie, we may restrict You from withdrawing funds from Your Account and/or prevent access to all or certain parts of the Website. Please note that we may from time to time re-perform the Checks for compliance, security or other business reasons. If any such restrictions cause You a problem, please contact our Customer Services.
- 6.5 It may be an offence for persons under the Relevant Age (as defined in clause 4) to make use of the Website. If we are unable to confirm that You are the Relevant Age then we may suspend Your Account until such time that we are able to confirm that you are the Relevant Age. If You are subsequently proven to have been under the Relevant Age at the time You made any gambling or gaming transactions with us, then Your Account may be closed in accordance with paragraph 11 (Suspension And Closure Of Account By Us).
7. DEPOSITS AND WITHDRAWALS
- 7.1 In-order to participate in the Services, You are required to transfer funds in to Your Account from an account or source of funds of which You are the account holder and which you are lawfully permitted to transfer. The funds can then be used by You to place bets or play games. Further details of how to deposit, withdraw and transfer funds can be found within the Payments Section of the Help Centre. If You use a payment method in respect of which You are not the account holder, we reserve the right to treat any deposit into Your Account as being invalid (and any winnings arising from such deposit as void) pending the satisfactory completion of all relevant Checks. Deposits and withdrawals with McBookie will show on your banking statement as “BV Ltd” apart from BACS/Telegraphic Transfers which will show as "McBookie Ltd".
- 7.2 You accept in certain circumstances at our sole discretion we may apply charges related to deposits and/or withdrawals made by You to Your Account as set out in the Help Centre in the Payments section on the website.
- 7.3 You further agree that your account shall not be used as a bank account and deposits should only be made with a view to using funds to place bets or wager. Should you make repeated deposits and/or withdrawals with minimal or no commensurate betting or gaming activity, we reserve the right to pass on to your account, without prior notice, any bank charges we have incurred (whether or not we close or suspend your account). We will notify you via email when these charges are deducted from your account.
- 7.4 You further agree not to make any chargebacks, reversals or otherwise cancel any deposits into Your Account, and in any such event to refund and compensate us for such unpaid deposits including any expenses incurred by us in the process of collecting your deposit. In the event of any deposit not reaching McBookie or being cancelled by You or any third party, McBookie reserves the right to void all bonuses, free bets and winnings accrued or awarded on the basis that the deposit was made or to reverse any free bets obtained using that cancelled deposit. Bets will be void and any winnings will be forfeited by You.
- 7.5 Your Account is not a bank account and is therefore not insured, guaranteed, sponsored or otherwise protected by any deposit or banking insurance system or by any other similar insurance system. No amounts deposited with us in Your Account will attract any interest. Monies deposited with us are held in a designated UK Client bank account in the name of McBookie Ltd, which holds the monies in the account on trust for You and other customers. As such, in the event of our insolvency, You would be entitled to claim any monies held on trust for You in such an account, but You would have no protection under any statutory deposit guarantee scheme. The UK Bank has confirmed that your funds are held in those accounts for your benefit and that it will not mix customers’ funds in those accounts with any other, including our Company funds, and that it has no claim on the funds itself. This level of fund’s protection is designated as medium by the GBGC. This rating system applies because the funds are kept separate from our business accounts and we have made arrangement with the UK Bank that these funds will be distributed to customers in the event of insolvency (details of the GBGC rating system are available at (http://www.gamblingcommission.gov.uk/Consumers/Protection-of-customer-funds.aspx) .
- 7.6 We may at any time off set any positive balance on Your Account against any amount owed by You (including under a Duplicate Account) to McBookie (irrespective of whether there has been a breach of the Terms and Conditions), including (without limitation) where we re-settle any bets, wagers, payment errors or outstanding credit limits.
- 7.7 To the extent required by your local law or tax or other authorities You are responsible for reporting your winnings and losses arising from your activities on McBookie.
- 7.8 For details of how to set and change your deposit limits see 17.1.
- 7.9 You may request withdrawal of funds from Your Account at any time provided that all payments made into Your Account have been confirmed as cleared and none have been charged-back, reversed or otherwise cancelled, all verification requirements have been completed by us to our satisfaction and You have complied with any other relevant withdrawal conditions affecting Your Account (e.g. any applicable Bonus Terms). Failure to meet with our withdrawal conditions could result in your withdrawal being cancelled and returned to your account pending satisfactory completion of our verification checks.
- 7.10 On any withdrawal approved by us, 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 as per instruction less charges incurred or any other amount required to be deducted from your withdrawal in order to comply with any applicable law.
- 7.11 All withdrawals shall be made using the same payment method as that used to deposit. However, where this is not possible 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 or via bank transfer (any charges associated with relevant payment methods are set out in the Help Centre under Withdrawing Funds.
8. USE OF THE SERVICES
- 8.1 We may, in our absolute discretion, alter or amend any product or service (including any prices offered) available through the Website at any time for the purpose of ensuring the on-going provision of the Website, but without prejudice to any games and/or bets already in progress at the time of such amendment. From time to time, we may restrict You from accessing some parts of the Website for the purpose of maintenance of the Website and/or alteration or amendment of any of the games and/or products available through the Website.
- 8.2 You agree that you shall not corrupt the Website; attempt to gain unauthorised access to the Website, the servers on which the Website is stored or any server, computer or database connected to the Website; flood the Website with information, multiple submissions or "spam"; knowingly or negligently use any features which may affect the function of the Website in any way for example (but not limited to) releasing or propagating viruses, worms, trojans, logic bombs or similar material that is malicious or harmful; in any way, directly or indirectly disrupt, interfere or tamper (or attempt to disrupt, interfere or tamper) with, remove or otherwise alter in any way, any information in any form which is included on the Website; or attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- 8.3 We will report any suspected breach of 8.2 to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
- 8.4 It may be necessary to provide You with software supplied by third parties to enable You to use the products offered through the Services. In such circumstances, You may be required to enter into a separate agreement with the owner in respect of your use of such software (an "End User License Agreement"). In case of any inconsistency between the Terms and Conditions and any End User Licence Agreement, the Terms and Conditions shall prevail in so far as the inconsistency relates to the relationship between You and McBookie.
- 8.5 Any Services offered to You utilising mobile device applications ("Apps") shall be subject to the Terms and Conditions. The terms under which any App is downloaded or installed onto your mobile device shall be governed by the agreement entered into between You and the supplier of the relevant App but, in case of any inconsistency between the Terms and Conditions and any such agreement, the Terms and Conditions shall prevail in so far as the inconsistency relates to the relationship between You and McBookie.
- 8.6 You acknowledge that our random number generator will determine the outcome of the games played through the Services 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 Your screen and the game server used by McBookie, 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 relevant online gaming activity and the results of this participation.
9. PLACING YOUR BET AND/OR GAMING
- 9.1 In order to place a bet or access a service you should follow the instructions provided in the Help Centre.
- 9.2 We reserve the right to refuse the whole or part of any transaction requested by You at any time in our sole discretion, or where You have breached the Terms and Conditions.
- 9.3 It is your responsibility to ensure that the details of any bet, stake or similar transaction that you place using the Services are correct in the following manner:
- 9.3.1 when using the Website (either directly, through an application or otherwise): in accordance with the relevant Betting and Gaming Rules;
- 9.3.2 betting on certain sports and events may be regulated or prohibited by a sport’s governing body. It is your responsibility to understand and fully comply with any rules and regulations set out by such governing bodies if applicable to you.
- 9.3.3 when using Telebetting: your bet will be read back to You and You will be asked to confirm that it is correct to our telephone agent; and
- 9.3.4 when using Chat: your bet will be confirmed back to You via the chat screen and You will be asked to confirm that it is correct to our Customer Service agent.
- 9.4 Subject to paragraph 9.2 above, no transaction is accepted by us until You have given the appropriate confirmation (or it has otherwise been accepted by us). Once a transaction has been accepted by us, You cannot cancel the transaction unless we agree otherwise.
- 9.5 You are making a Telebetting transaction and the relevant telephone connection becomes unexpectedly disconnected, we shall nevertheless place the relevant bet if: (a) we are clear as to your intended instruction, (b) the bet details have been provided to us by You prior to the point at which we cease accepting bets on the relevant event, and (c) the bet is acceptable to us in the ordinary course of business. In the event of any such telephone disconnection, You should immediately contact our Customer Service team for confirmation as to whether your bet has been placed.
- 9.6 All prices are subject to fluctuation and are available up to the official advertised start time of the event. Where an official start time is not announced, bets are accepted up to the advertised start time. Any bet that is accepted after the advertised or official start time, other than bets on In-Running markets, will be void.
- 9.7 We may, at our discretion (and provided that neither You nor we gain an unfair advantage), elect to accept a bet notwithstanding that the relevant event has begun. In respect of gaming, the relevant Betting and Gaming Rules tab shall set out the point at which no further stakes will be accepted by us.
- 9.8 If You are in any doubt as to whether a transaction has been accepted successfully, You should contact Customer Services. Your transaction history can be accessed by You by clicking My Account on the Website, or through our Customer Services team.
- 9.9 All calls and chats are recorded for training and security purposes.
- 9.10 McBookie reserves the right to withhold payment and to declare bets on an event void if we have evidence that the following has occurred:
- 9.10.1 the integrity of the event has been called into question;
- 9.10.2 the price(s) or pool has been manipulated;
- 9.10.3 match rigging has taken place; or
- 9.10.4 pending the outcome of any subsequent investigation, where there is evidence of a series of bets each containing the same selection(s) having been placed by or for the same individual or syndicate of individuals.
Evidence of the above may be based on the size, volume or pattern of bets placed with McBookie across any or all of our betting channels (McBookie’s assessment of this evidence will be conclusive in this regard). A decision given by the relevant governing body of the sport in question (if any) or any Gambling Regulator will be conclusive. If any customer owes any money to McBookie for any reason, we have the right to take that into account before making any payments to that customer.
10. COLLUSION, CHEATING, FRAUD AND CRIMINAL ACTIVITY
- 10.1 The following practices (or any of them) in relation to the Services constitute "Prohibited Practices" and are not permitted and will constitute a material breach of the Terms and Conditions. We will take all reasonable steps to prevent and detect Prohibited Practices and to identify the relevant users concerned if they do occur. Any action we take in respect of the same will be at our sole discretion:
- 10.1.1 abuse of bonuses or other promotions;
- 10.1.2 using unfair external factors or influences (commonly known as cheating);
- 10.1.3 collusion with other individuals using the services;
- 10.1.4 conspiracy with other individuals, organisations or bookmakers;
- 10.1.5 taking unfair advantage (defined in 10.7);
- 10.1.6 opening multiple accounts including Duplicate Accounts;
- 10.1.7 use of internet "bots" and/or automated script; and
- 10.1.8 use of software tracking programmes.
- 10.2 If You suspect a person is engaged in any Prohibited Practice, You shall, as soon as reasonably practicable, report it to us by e-mailing us at email@example.com or contacting Customer Services.
- 10.3 You agree that You shall not participate in or be connected with any form of Prohibited Practice in connection with your access to or use of the Services.
- 10.4 We shall have the right, in respect of Your Account (and/or any other account held by You with McBookie Limited) to withhold the whole or part of the balance and/or recover from the account the amount of any deposits, pay-outs, bonuses or winnings which have been affected by or are in any way attributable to any of the following event(s):
- 10.4.1we have reasonable grounds to believe that You have participated in or have been connected with any form of Prohibited and/or Fraudulent Practice, and the basis of our belief shall include the use by us and/or by our gaming partners and/or our other suppliers, of any fraud, cheating and collusion detection practices which are used in the gambling and gaming industry at the relevant time;
- 10.4.2 You have placed bets and/or played online games with any other online provider of gambling services and are suspected as a result of such play of any Prohibited and/or Fraudulent Practice or otherwise improper activity;
- 10.4.3 we become aware that You have "charged back" or denied any of deposits that You made to Your Account; or
- 10.4.4 You become bankrupt or suffer analogous proceedings anywhere in the world (including in connection with any suspension and/or termination of Your Account).
- 10.5 A "Fraudulent Practice" means any fraudulent activity engaged in by You or by any person acting on your behalf or in collusion with You, and shall include, without limitation:
- (a) fraudulent charge-backs and rake-back activity;
- (b) the use by You or any other person who was participating in the same game as You at any time, of a stolen, cloned or otherwise unauthorised credit or debit card, as a source of funds;
- (c)the collusion by You with others in order to gain an unfair advantage (including through bonus schemes or similar incentives offered by us);
- (d) any attempt to register false or misleading account information; or
- (e) any actual or attempted act by You which is reasonably deemed by us to be illegal in any applicable jurisdiction, made in bad faith, or intended to defraud us and/or circumvent any contractual or legal restrictions, regardless of whether such act or attempted act actually causes us any damage or harm.
- 10.6 A "criminal activity" shall include, without limitation, money laundering and any offence under section 33 of or any offence listed as a relevant offence under the Gambling Act 2005; and
- 10.7 An "unfair advantage" shall include, without limitation, the exploitation of a fault, loophole or error in our or any third party's software used by You in connection with the Services including, in respect of any game, the use of automated software tracking of users of the Services ('bots') to the disadvantage of us or other users of the Services.
- 10.8 McBookie reserves the right to inform relevant authorities, other online gaming or gambling operators, other online service providers and banks, credit card companies, electronic payment providers or other financial institutions of your identity and of any suspected Prohibited and/or Fraudulent Practice by You, and You shall cooperate fully with us to investigate any such activity. Where we suspect, or have received information regarding, a breach of a rule applied by any relevant sport governing body, we will supply that governing body with sufficient information to conduct an effective investigation. We also reserve the right to void any unsettled bets contravening those rules upon discovery.
- 10.9 Fraudulent Practices, Criminal Activity and use of an Unfair Advantage in relation to the use of the Services is strictly prohibited and will constitute a material breach of these Terms & Conditions and will result, at McBookie’s sole discretion, in your account being immediately closed and any winnings on that account being forfeited by You.
- 10.10 McBookie reserves the right to refuse any offer to You or any other user of the Services for any reason, or to withdraw an offer at any time. No correspondence will be entered into.
11. SUSPENSION AND CLOSURE OF ACCOUNT BY US
- 11.1 McBookie reserves the right to suspend or close Your Account at any time and for any reason, including but not limited to the circumstances set out in the Terms and Conditions.
- 11.2 Where You are in breach of Terms and Conditions, we may, prior to any suspension or termination of Your Account notify You (using Your Contact Details) that You are in breach, requiring You to stop the relevant act or failure to act, and/or requiring You to put right an act or fault on your part; and warning You of our intended action if You do not do so, provided always that such notification shall not be a pre-condition to any suspension or termination of Your Account.
- 11.3 Upon the suspension and/or closure of Your Account for any reason (other than for Self- Exclusion, please see Section 17 for terms governing Self-Exclusion):
- (a) no activity shall be permitted (including deposits, withdrawals, betting or gaming) until the date upon which it is re-activated by us;
- (b) no bonuses or contingent winnings will be credited to Your Account; and
- (c) we shall address the issue that has given rise to Your Account suspension/closure with a view to resolving it as soon as reasonably practicable so that Your Account can, as appropriate, either be re-activated or closed.
- 11.4 Notwithstanding the above, if we are unable to confirm that You are the Relevant Age then we may suspend Your Account until such time as we are able to confirm that You are the Relevant Age. If You are subsequently proven to have been under the Relevant Age at the time You made any gambling or gaming transactions with us, then:
- 11.4.1Your Account will be closed;
- 11.4.2 all transactions made whilst You were underage will be made void, and all related funds deposited by You will be returned to the payment method used for the deposit of such funds, wherever practicable; and
- 11.4.3 any winnings which You have accrued during such time when You were under the Relevant Age will be forfeited by You and may be deducted from the amount of any deposit returned under paragraph 11.4.2. You will return to us on demand any such funds which have been withdrawn from Your Account.
- 11.4.4 For the avoidance of doubt, underage gambling is not acceptable and such cases will be reported to the relevant Gambling Commission or other relevant authority for your jurisdiction who may refer the matter to your local prosecution authorities
- 11.5 Notwithstanding the above, we reserve the right to close any Duplicate Account (but shall not be obliged to do so). If we close a Duplicate Account:
- 11.5.1 all bonuses, free bets and winnings accrued from such bonuses and free bets obtained using that Duplicate Account will be void and forfeited by You;
- 11.5.2 we may, at our entire discretion, void all winnings and refund all deposits (less amounts in respect of void winnings and transactional costs incurred) made in respect of that Duplicate Account and, to the extent not recovered by us from the relevant Duplicate Account, any amounts to be refunded to us by You in respect of a Duplicate Account may be recovered by us directly from any other of Your Accounts (including any other Duplicate Account); or
- 11.5.3 we may, at our entire discretion, allow usage of the Duplicate Account to be deemed valid in which case all losses and stakes placed by or for You through the Duplicate Account shall be retained by us.
- 11.6 If you do not use your account for betting or gaming for a period of at least three hundred and ninety six (396) consecutive days then it will be deemed an "Inactive Account". All Inactive Accounts will incur an Inactive Account Fee as set out below. We will notify you by email when your account becomes an Inactive Account.
- 11.6.1 If you fail to re-activate your account, the monthly charge will be deducted twenty eight (28) days after the notification email is sent, and on the same date on each month thereafter that it remains inactive. The monthly charge that will be applied to an inactive account is 5% of the value of the dormant balance or a monthly charge of £/€5, whichever is the greater.
- 11.6.2 Should your account balance be less than any Inactive Account Fee to be deducted; only the available balance in your account will be taken.
- 11.6.3 If and when your account balance reaches zero (0), no further Inactive Account fees will be taken.
- 11.6.4 We reserve the right to then close any Inactive Account once the balance has been reduced to zero.
- 11.6.5 In the event of a reactivation of your Inactive Account, any reimbursements of administration fees are at the sole discretion of McBookie and McBookie will not enter into any correspondence in this regard.
- 11.7 McBookie reserves the right to withhold the funds in your account from you pending the determination of any investigation (including any relevant external investigation) where:
- 11.7.1 We suspect you have acted in breach of these Terms and Conditions or any other agreement relevant to your activities on our site, including where we suspect the account has been linked with Prohibited or Fraudulent Activity or dishonest activity;
- 11.7.2 We withhold the funds in your account as required by law or to comply with any advice, request or instruction from any governmental, regulatory or enforcement authority.
12. CLOSING YOUR ACCOUNT
- 12.1 You are entitled to close Your Account and terminate your contract with McBookie by contacting our Customer Service team, details of which can be found in the Help Centre. Any negative balance on Your Account will fall immediately due and payable to us, and Your Account will only be closed when the relevant amount owed to us is fully paid.
- 12.2 We will respond to your request to close Your Account, confirming closure and the date on which such closure will be effective, within a reasonable time, however, You remain entirely responsible for all activity on Your Account until it is closed by us (at which point the Terms and Conditions shall terminate). Upon our confirmation of closure, we shall repay any outstanding balance on Your Account by the same method of payment which You provided upon registration, or such other payment method as we may reasonably select.
- 12.3 Where You have closed Your Account, we may in certain circumstances be able to re-open Your Account with the same account details as before if You request us to do so. In such circumstances, while Your Account will have the same account details as before, it will be subject to the Terms and Conditions which are in force at the date of any such re-opening and any prior entitlements (including, but without limitation, to bonuses or contingent winnings) will no longer be valid.
13. EVENTS OUTSIDE OUR CONTROL
- 13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Terms and Conditions that is caused by events outside our reasonable control, including (without limitation) any telecommunications network failures, power failures, failures in third party computer (or other) equipment, fire, lightning, explosion, flood, severe weather, industrial disputes or lock-outs, terrorist activity and acts of government or other competent authorities (a "Force Majeure Event").
- 13.2 Our performance of the Services is deemed to be suspended for the period that the Force Majeure Event continues and during such time we will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations may be performed despite the Force Majeure Event. We may also cancel all or part of the Service because of a Force Majeure Event, however, if we do so we may (at our discretion) refund any charges which You paid in advance for the part of the Service which You could not receive.
14. EXCLUSIONS OF LIABILITY
- 14.1 Your access to and use of the Website and/or Services is at your sole option, discretion and risk. You agree that you will only use the Website and/or Services in accordance with these Terms and Conditions. We shall not be liable for any attempts by You to use the Services by methods, means or ways not intended by us.
- 14.2 You agree to compensate us for any costs, charges or losses sustained or incurred by us (including any direct, indirect or consequential losses, any loss of profit and any loss of reputation) arising directly from your fraud, dishonesty or criminal act including those practices set out in paragraph 10 (Collusion, Cheating, Fraud and Criminal Activity).
- 14.3 In addition to any other remedy available to us, we may at any time recover from Your Account any positive balance then existing to the extent of any amount reasonably owed to us by You.
- 14.4 We will provide the Services with reasonable skill and care and substantially as described in the Terms and Conditions. We do not make any other promises or warranties regarding the Services, or any products or services forming a part of the Services, and hereby exclude (to the extent permitted by law) all implied warranties in respect of the same (including implied warranties as to satisfactory quality and/or fitness for your purpose). In particular, we cannot promise that the Website will have uninterrupted availability or that it will be free of bugs, viruses or other errors.
- 14.5 Nothing in these Terms and Conditions is intended to:
- 14.5.1 exclude or limit our liability for fraud or for death or personal injury resulting from our negligence; or
- 14.5.2 limit your statutory rights (statutory rights include, for example, that we will provide our Services to a reasonable standard and within a reasonable time). For more information about your statutory rights, contact your local Citizens Advice Bureau or Trading Standards Office if You are located in the UK or alternative consumer protection organisations if You are located elsewhere.
- 14.6. Subject always to paragraph 14.5 above, we (including our parent and any subsidiary companies, affiliates, officers, directors, agents and employees) shall not be liable to You, whether such liability arises in contract, tort (including negligence) or otherwise in respect of any loss or damage suffered by You (including loss of winnings) as a result of:
- 14.6.1 any use of the Services in breach of the Terms and Conditions including as a result of any Prohibited and/or Fraudulent Practices;
- 14.6.2 any incomplete, illegible, lost, delayed or void transactions including as a result of technical failure, Error by us or an Error by You ("Error" as defined in paragraph 15 (Errors and Omissions) below;
- 14.6.3 any failure on our part to observe any self-exclusion policies that we may have in place from time to time;
- 14.6.4 loss of data;
- 14.6.5 a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on such Website, or on any website linked to the Website;
- 14.6.6 problems caused by the equipment which You or other users are using to access the Services, or faults relating to your or their internet service provider or damages to the operation of your computer caused by the incorrect downloading of any software in a manner incompatible with your own computer's specific set-up;
- 14.6.7 loss of profits;
- 14.6.8 loss of revenue;
- 14.6.9 loss of business opportunity;
- 14.6.10 loss or damage to goodwill or reputation;
- 14.6.11 business interruption; or
- 14.6.12 any indirect, special or consequential loss or damage, even where such loss or damage has been notified to us as being possible, arising out the Terms and Conditions or any use whatsoever by You of the Services.
15. ERRORS OR OMISSIONS
- 15.1 Where problems occur in the software or hardware used by us to provide the Services we shall take all reasonable steps to remedy the problem as soon as practicable. Where such problems cause a game to be interrupted in circumstances where it cannot be restarted from exactly the same position without any detriment to You or other users, we will take all reasonable steps to treat You in a fair manner which may include, reinstating the balance on Your Account to the position existing following completion of the last bet or game logged on McBookie's server immediately prior to the occurrence of the problem.
- 15.2 McBookie will not be responsible for any delays errors or losses due to failure breakdown interruption or malfunction of computer hardware or software or Internet or other communications media or connection for any reason whatsoever. McBookie will at all times use reasonable endeavours to overcome any such event or occurrence so far as we can but do not guarantee our ability to do so. McBookie reserves the right, in our absolute discretion, to cancel any transactions arising as a result of any such event or occurrence.
- 15.3 A number of circumstances may arise where a bet or wager is accepted, or a payment is made, by us in error. A non-exhaustive list of such circumstances is as follows:
- 15.3.1 where we mis-state any odds or terms of a bet or gaming wager to You as a result of obvious error or omission in inputting the information or setting up a market, or as a result of a computer malfunction; or
- 15.3.2 where we have made an 'Error'. An Error occurs where:
- (a) in relation to bets placed prior to an event taking place, the prices/terms offered are materially different from those available in the general market;
- (b) in relation to any event, the price/terms offered at the time the bet is placed are clearly incorrect given the probability of the event occurring;
- (c) where we have continued to accept bets on a market which should have been suspended, including where the relevant event is in progress (except where 'in-running' bets are accepted) or had already finished (sometimes referred to as 'late bets');
- (d) where an error has been made as a result of a Prohibited and/or Fraudulent Practice under paragraph 10 (Collusion, Cheating, Fraud And Criminal Activity).
- (e) where we should not have accepted, or have the right to cancel or re-settle, a bet pursuant to the Sports Betting Rules;
- (f) where an error is made by us as to the amount of winnings/returns that are paid to You, including as a result of a manual or computer input error; or
- (g) where an error has been made by us as to the amount of free bets and/or bonuses that are credited to Your Account.
- 15.4 You shall inform us as soon as reasonably practicable should You become aware of any Error.
- 15.5 We agree that we shall use reasonable endeavours to detect any Errors and inform You of them as soon as reasonably practicable. In respect of any Error, we reserve the right to (in no particular order):
- 15.5.1 declare the bet void and return your stake into Your Account win or lose; or
- 15.5.2 correct any Error made on a bet placed and re-settle the same at the correct price or terms which were available or should have been available through McBookie at the time that the bet was placed and the bet will be deemed to have taken place on the terms which were usual for that bet;
- 15.5.3 in circumstances where the Error has resulted from a Prohibited and/or Fraudulent Practice, to take the steps set out in paragraph 10.4 (Collusion, Cheating, Fraud And Criminal Activity);
- 15.6 Any monies which are credited to Your Account, or paid to You as a result of an Error shall be deemed, pending resolution in 15.2, to be held by You on trust for us and shall be immediately repaid to us when a demand for payment is made by us to You. Where such circumstances exist, if You have monies in Your Account we may reclaim these monies from Your Account.
- 15.7 Where You have used monies which have been credited to Your Account or awarded to You as a result of an Error to place subsequent bets or play games, we may cancel such bets and/or withhold any winnings which You may have won with such monies, and if we have paid out on any such bets or gaming activities, such amounts shall be deemed to be held by You on trust for us and shall be immediately repaid to us when a demand for payment is made by us to You.
16. INTELLECTUAL PROPERTY RIGHTS
- 16.1 All website design, text, graphics, music, sound, photographs, video, the selection and arrangement thereof, software compilations, underlying source code, software and all other material contained forming any part of the products, games and Services including all intellectual property rights in the name "McBookie", "Victor Chandler International" and "VC+" logos, designs, trademarks and other distinctive brand features of McBookie are subject to copyright and other proprietary rights which are either owned by us or used by us under licence from third party rights owners. Subject to these Terms and Conditions, to the extent that any material comprised within the Services may be downloaded or printed then one copy of such material may be downloaded to a single device only (and hard copy portions may be printed) solely for your own personal and non-commercial use on an entertainment basis only.
- 16.2 Under no circumstances shall the use of the Website or Services grant to You any interest in any intellectual property rights (for example copyright, know-how or trademarks) owned by us or by any third party. You must not, nor must You allow any other person to copy, store, publish, rent, license, sell, distribute, alter, add to, delete, remove or tamper with the Website, any part of it including any copyright, patent, trade mark or other proprietary rights notices affixed to the Website, any proprietary software compromising the Website and/or any software made available for download without our express prior written consent.
17. RESPONSIBLE GAMBLING
- 17.1 McBookie is committed to supporting Responsible Gambling initiatives. McBookie would like You to enjoy your gambling experience. We recognise the need for a responsible attitude towards gambling and we have in place a number of measures to promote and ensure responsible gambling:
- 17.1.1 Deposit Limits - We understand that some customers like to be able to set a limit on the amount they can deposit in to their McBookie account over a certain time period. The deposit limit facility allows You to limit the amount of money that You are able to deposit into Your Account either daily, weekly or monthly. These amounts may be reduced at any time and a reduction of your limits will be implemented immediately. An increase in your deposit limits will only be implemented after 24 hours following the request. You are able to set your deposit limits either when registering Your Account on the registration page or if You are an existing customer by going to "My Account" "Settings". This will also show You the remaining amount available to deposit and will show any pending increases You have requested. Deposit limits are automatically set to 'No Limit' if You do not request a daily, weekly or monthly limit.
- 17.1.2 Time Out – If You wish to take a break from gambling You can request a Time Out by contacting Customer Services. Your Account will be closed for a maximum of six (6) weeks and You can request Your Account to be re opened at any time by contacting Customer Services. For a more controlled restriction on access to Your Account please see our Self Exclusion procedure below.
- 17.1.3 Self Exclusion - We provide a voluntary self-exclusion policy, which enables You to close Your Account or restrict your ability to place bets or game on the Website for a minimum period of six (6) months to a maximum period of 5 years. Once Your Account has been self-excluded You will be unable to reactivate Your Account under any circumstances until the expiry of the period chosen under this paragraph. At the expiry of the self-exclusion period You will be entitled to re-commence use of the Services by contacting Customer Services.
- Self-Exclusion will not affect transactions (including deposits, transfers, bets and withdrawals) made prior to exclusion period. Once an account is closed for self-exclusion ‘cash out’ will not be available.
17.1.4 Reality Checks - As with Deposit Limits, Reality Checks provide the opportunity for You to manage your gambling and set time lapse reminders showing how long You have been playing Casino games. (Sportsbook, Virtual sports, and Peer to Peer games such as Poker are excluded from Reality Checks). Reality Check reminders will appear after a set amount of time chosen by You and will require positive action from You before the banner is removed. You will also have the opportunity to change your Reality Check settings, review Your Account transactions or exit the game.
A variety of time periods are available for You to choose from and can be set or changed in Your Account settings. If You decide to continue playing a game after Reality Check has been acknowledged, the next time the banner is displayed the accumulative amount of time played will be shown.
For example: 30 minutes reality check set. After the first check has been reached the following message will appear “You have been playing for 30 minutes”. If You choose to continue, the next time your 30 minutes is up the banner will say “You have been playing for 1 hour” and so on.
Reality Checks are an additional feature to help You manage Your Account and, by using Reality Checks, You acknowledge that McBookie is not required to close or self–exclude Your Account or prevent use of our services at any time as a result of You enabling this feature.
McBookie is committed to responsible gambling and ensuring that You have the tools to manage Your Account responsibly.
- 17.2 If You require any information relating to this facility please speak to Customer Services or view our Responsible Gambling section in the Help Centre.
- 17.3 We will use our reasonable endeavours to ensure compliance with self-exclusion. However, self-exclusion requires the joint commitment of both You and McBookie. During the self-exclusion period You must not attempt to try to open new accounts and You accept that we have no responsibility or liability whatsoever if You continue gambling and/or seek to use the Website and we fail to recognise or determine that You have requested self-exclusion in circumstances which are beyond our reasonable control (including, but not limited to, You opening a new account over the telephone rather than over the internet or using a different name or address). On discovery of such circumstances McBookie reserves the right to terminate Your Account and cancel all transactions made and forfeit any winnings in accordance with paragraphs 11 (Suspension And Closure Of Account By Us) and 9 (Placing Your Bet and/or Gaming) (respectively).
- 17.4 The National Association for Gambling Care Educational Resources and Training (GAMCARE) (www.gamcare.org.uk) provides information, advice and counselling to individuals, their family and friends who have concerns about problem gambling. The Helpline number for GAMCARE when calling from the UK is 0808 802 0133 ; this number may not be available from outside the UK.
18. COMPLAINTS AND DISPUTES
- 18.1 Step one – Contact Customer Services
- Should you wish to make a complaint regarding the Services, You should first (as soon as reasonably practicable) contact our Contact Centre via live chat or by email about your complaint. If the Customer Service Advisor is unable to respond to, or resolve, your complaint, it will be escalated as appropriate within our Customer Services team to a Team Leader or supervisor until resolution. We will endeavour to resolve the matter to your satisfaction as soon as is reasonably possible (which may include time spent on any internal investigation required).
- 18.2 Step two – Review
- If You are not satisfied with the resolution from the Contact Centre You can request that a named senior member of management, reviews the decision. In order to facilitate this review please email firstname.lastname@example.org (where possible using the email address registered to your account) including your account number, any previous correspondence in relation to your complaint and the reason for your dissatisfaction with the resolution.
- 18.3 Step three – Independent Adjudication
- If you remain unhappy with any resolution offered by us You agree that the matter may be referred for adjudication by the Independent Betting Adjudication Service (IBAS) (this does not affect any right you have to bring a claim in court). IBAS’s telephone number is +44 207 347 5883. Further details about IBAS can be found on www.ibas-uk.com IBAS’s decision will be final as long as the full facts are presented by all parties concerned and You have agreed to be bound by the decision. You may also visit an EU online dispute resolution service at: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage.
- An alternative Adjudication Service is available to non-UK customers, if you are a non-UK customer You may choose for the matter to be referred to the Gibraltar Gambling Commissioner. Please refer to the Gambling page on the Government of Gibraltar website (www.gibraltar.gov.gi/internet-gaming) for further advice on how to do so.
- 19.1 English: The original text of the Terms and Conditions is in English and any interpretation of them will be based on the original English text. If the Terms and Conditions or any documents or notices related to them are translated into any other language, the original English version shall prevail.
- 19.2 Waiver: If we fail to insist upon strict performance of any of your obligations or if we fail to exercise any of the rights or remedies to which we are entitled, this shall not constitute a waiver of such rights or remedies and shall not relieve You from compliance with such obligations.
- 19.3 Severability: If any part of the Terms and Conditions is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, the other provisions shall continue to be valid to the fullest extent permitted by law.
- 19.4 Transfer of rights: These Terms and Conditions are personal to you and you may not transfer your rights or obligations under them to anyone else.
- 19.5 Notices: When we wish to contact You, we may do so using any of Your Contact Details including by email to the specified email address registered to Your Account.
20. GOVERNING LAW AND JURISDICTION
- 20.1 Unless otherwise specified, when You participate in the Services offered by McBookie the Terms and Conditions shall be governed by and interpreted in accordance with the laws of Gibraltar.
- 20.2 The courts of Gibraltar shall have non-exclusive jurisdiction over any disputes arising out of the Terms and Conditions.