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Terms and Conditions
WEBSITE TERMS AND CONDITIONS
Please read these Terms and Conditions carefully before using this Website and registering asa Member. If you have any questions relating to this Website or the Terms and Conditions, please check our FAQs, or contact our Customer Support team (their contact details can be found here). By using this Website you indicate your acceptance of the Terms and Conditions set out below.
These Terms and Conditions were last updated on 7 August 2020 and supersede any previous terms and conditions.
1.1 This Website (as defined below) is operated by Gamesys Operations Limited (which we will refer to as “us“, “we” and “our“), which is a limited company registered in Gibraltar with company number 103854. Our principal place of business is at Suite 2, Floor 4, Waterport Place, Gibraltar. Gamesys Operations Limited is part of a group of companies (which we will refer to as the “Gamesys Group”).
1.2 In these Terms and Conditions, we will refer to you as “you” and “your“.
1.3 These Terms and Conditions form a legally binding agreement between you and us.
1.4 These Terms and Conditions apply when you use the Website and supersede any previous agreements in relation to your use of the Website.
1.5 We can change these Terms and Conditions at any time. We recommend that you revisit and read these Terms and Conditions regularly, as they govern your use of the Website. Our gambling licence requires us to notify you if we make material changes to these Terms and Conditions. When we make material changes to them we will post a notice on the Website and such changes will only come into force fourteen (14) days after the date of such notification. If you do not agree to those changes, please do not continue to use the Website. You are free to close your Member account at any time, including within such fourteen (14) day period.
1.6 Your continued use of the Website constitutes ongoing acceptance of these Terms and Conditions and the documents referred to in these Terms and Conditions as they are updated from time to time.
2. THE MEANING OF WORDS AND PHRASES USED IN THESE TERMS AND CONDITIONS
In these Terms and Conditions, where we use capitalised words they will have the meanings set out below:
Chip Dumping means the circumstances where Members and/or Network Users use tables in multiplayer poker games and tournaments to pass chips to other Members and/or Network Users by deliberately folding hands in a ‘heads up situation’, deliberately losing chips for the benefit of another Member and/or Network User or any other situation that enables intentional passing of funds from one Member to another Member and/or Network User.
Collusion means the circumstances where two or more Members and/or Network Users (including where a Member and a Network User may be the same user) work together to cheat by creating an unfair advantage over the other Members and/or Network Users playing a Game, sometimes through: (i) manipulating Wager patterns; (ii) sharing (or attempting to share) information about other Members and/or Network Users playing; and/or (iii) in the case of multiplayer poker games and tournaments: (a) sharing information about card hands; (b) increasing the size of the pot for the benefit of another Member and/or Network User holding a strong hand; and/or (c) not playing a hand to its full potential with the express intention of helping another Member or Network User advance further in such multiplayer poker game or tournament;
Complaint means any complaint about any Game or our services.
Event Beyond Our Control means an event beyond our reasonable control which prevents us from providing all or part of the Website and/or the Games or fulfilling any of our obligations under these Terms and Conditions. Such events may include but are not limited to an act of God, an outbreak of hostilities, riot, civil disturbance, acts of terrorism, the act of any government or authority (including, but not limited to, any refusal or revocation of any licence or consent), fire, explosion, flood, theft, malicious damage, strike, lock-out, or industrial action of any kind.
Gambling Law means either: (a) if you are in the UK, the Gambling Act 2005 (as amended from time to time) and related licence conditions and codes of practice; or (b) if you are outside the UK, the Gibraltar Gambling Act 2005 (as amended from time to time) and related licence conditions and codes of practice, as applicable.
Game means any bingo, casino, slot and/or simulated scratch card games, multiplayer poker games and tournaments, Linked Games and/or any games or betting products played for real money or any demonstration play via the Website at any time.
Group Website means any website (other than the Website) operated and controlled by or on behalf of the Gamesys Group and any mobile or device specific version and any related applications of such website.
Intellectual Property Rights means all intellectual property rights, including, but not limited to: copyright, patents, trade marks, design rights, moral rights, domain names, and confidential information and any similar rights (whether registered or unregistered).
Linked Game means any Game that can be played between Members and Network Users from time to time.
Malfunction means a malfunction or an error in the functioning of a Game or the Website and, in the case of Linked Games, any relevant Group Website, such as, but not limited to, an error in the published odds or pay tables, or a Game not working in accordance with its published rules.
Member means a user of the Website who successfully registers and holds an account on the Website.
Network User: means users who are registered with a website or service owned and/or operated by a Group Website (other than the Website).
Progressive Jackpot means a jackpot for a Game where the payout total is incrementally increased every time such Game is played for real money (unless and until such jackpot is paid out).
Regulators means either: (a) the Gambling Commission of Great Britain, who is appointed under the provisions of the Gambling Act 2005 (or any relevant subsequent legislation); or (b) the Gibraltar Gambling Commissioner, who is appointed under the provisions of Gibraltar Gambling Act 2005 (or any relevant subsequent legislation), as applicable. Each Regulator is granted powers under the applicable Gambling Law to ensure that their licensees conduct their operations in accordance with their licences.
Reward Points means loyalty points, which are awarded in accordance with the Reward Points Rules (please see here) and/or which may be given by us to you from time to time.
Wager means money wagered or otherwise used to participate in or play a Game.
Website means the website operated and controlled by or on behalf of us and located at the principle URL www.smoothbingo.co.uk and any mobile or device specific version and any related applications of the website.
3. OPERATING AND REGULATORY INFORMATION
3.1 This website is licensed and regulated in Great Britain by the Gambling Commission of Great Britain pursuant to applicable Gambling Law, and licensed by the Government of Gibraltar under remote gaming licence number 46 and regulated under such licence by the Gibraltar Gambling Commission pursuant to applicable Gambling Law (Licence number 38905).
3.2 If we cannot offer our licensed gaming services from Gibraltar due to an Event Beyond Our Control the services may be offered by another subsidiary of the Gamesys Group.
4. OPENING YOUR ACCOUNT
4.1 Membership Requirements: To register as a Member, play Games for real money, use the Game console chat functionality and/or use any of the other products and services we may make available to Members from time to time, you must:
4.1.1 be 18 years of age or older. We may ask for additional information to confirm your age at any time;
4.1.2 reside in a territory from which we accept users from time to time. Further details can be found here.
4.1.3 have a valid bank account,credit or debit card or alternative payment method that is approved by us that is registered to an address in a territory from which we accept users from time to time;
4.1.4 register in your own name, for your sole benefit and not register or play on behalf of anyone else;
4.1.5 fully and accurately complete the required information on the registration form; and
4.1.6 comply with these Terms and Conditions at all times in relation to your use of the Website.
4.2 Age and Identity Verification: When considering your Member registration application and certain deposit and withdrawal transactions, we may use independent credit reference agencies to verify your age, identity or any other information that you provide to us. In performing these checks, the credit reference agencies may keep a record of your information. A credit check is not performed and your credit rating will be unaffected. These checks enable your account to be opened, reduce the need to obtain age and identification documents and assist us with our age and identity verification licensing obligations and our crime and fraud prevention policies.
If we cannot satisfactorily complete our age and identity verification process, we may ask you to provide personal identification documents to further confirm and validate your age and identity. Such documents may include (but may not be limited to) a passport or driving licence, a current utility bill or a bank or card statement. We may suspend your Member account until you have satisfactorily completed these checks. We will communicate all requests to you via the Website and/or by email, phone, SMS or post.
If age and identity verification cannot be completed upon applying to register a Member account, your Member account will not be opened until you have been verified.
If at any time you are found by us to be under 18 years of age, you will have your Member account suspended, your deposits will be refunded and any winnings will be null and void or may be paid to the appropriate Regulator. No claim may be made against us in these circumstances.
4.3 Registration Acceptance and Personal Accounts: Upon acceptance of your registration as a Member, you will be sent confirmation of your registration by email. You cannot use the full functionality of your account (including, but not limited to, processing any withdrawals) until you have confirmed your email address by clicking on the link in your registration confirmation email. If you have provided an incorrect email address you can update your details in the My Account section of the Website.
4.4 Declined Applications: We may decline acceptance of a Member account application at any time and for any reason.
4.5 Transfer of Accounts and Funds Between Accounts: You must not sell, transfer or acquire Member accounts to or from other Members or attempt to do so. No funds (including, but not limited to, any winnings), rewards or Reward Points may be transferred between Member accounts.
4.6 Anti-Money Laundering:
4.6.1 In addition to the age and identity verification requirements described in section 4.2 and as part of our compliance with EU anti-money laundering directives, we may at any time (including, but not limited to, certain stages of your Member account registration) ask you for additional details including documentation which may be needed to verify your identity and address as well as request proof of ownership for any payment methods and funds used to deposit or withdraw funds. We may suspend transactions on your account until such verification checks are passed.
4.6.2 It is unlawful to deposit, or attempt to deposit, funds obtained from criminal, illegal or fraudulent activities into your Member account.
4.6.3 We are required to monitor any unusual or suspicious transactions of any size and report suspicious transactions and fraudulent activity to the appropriate Regulator, and we may report such activity to the police or relevant authorities.
4.7 Partner Site: Your Member account username and password allow you to log in to our partner site at www.heartbingo.co.uk. Although our partner sites are distinct, using one Member account to access both sites means that some of the operations and functionality across partner sites is shared. As a result, you may see the same account information on both sites and some actions you take on one site will also apply to the other when the same login is used. For example, if you close your account on www.smoothbingo.co.uk, you will no longer be able to log in to our partner site with those account details. Other shared functionality includes, but is not limited to, your account balance, some gameplay, some promotions and promotional rewards, chat, any cool off periods you set, any deposit limits you set, and any minimum or maximum transaction values.
4.8 Multiple accounts: You may not register more than one Member account. If you use our partner site, you must use your Member account details for the Website to log in to the partner site (and not create a new account).
5. ACCOUNT PAYMENTS AND WITHDRAWALS
5.1 Transaction Charges: We do not charge you to deposit to or withdraw from your Member account. We accept no responsibility for any currency exchange conversions, charges or fees levied by your card issuer, bank or financial institution.
5.2 Minimum and Maximum Deposits: All deposits are subject to minimum and maximum limits per transaction. These limits may vary depending on the payment method used. Full details can be found in our FAQs. We may limit any Member’s deposits on any single day.
5.3 Illegal Wagering is Void: We do not accept liability for any breach by you of the applicable laws of your country of residence, including but not limited to, adjustment of a VPN (virtual private network) in an attempt to appear to reside in a territory from which we accept users, the creation of end user accounts using fraudulent and/or stolen user details, or the attempted use of our website as a means of depositing funds obtained from criminal, illegal or fraudulent activities. If we, on reasonable evidence, identify you as playing illegally, we will declare any Wager and winnings made or received whilst playing illegally, as void.
5.4 Interest on Member Account Funds: We are not a financial institution. Interest will not be payable on monies held in your accounts as these are merely advance payments for intended wagering.
5.5 Payment Transactions and Fraudulent and Suspicious Transactions: You must not make or attempt to make any chargebacks, and/or deny or reverse any payment that you have made and you will reimburse us for any chargebacks, denial or reversal of payments you make and any resulting loss suffered by us. If we are notified of, or become aware of, any suspected or fraudulent payment (including, but not limited to, use of any stolen credit cards) or any other fraudulent activity (including, but not limited to, any chargeback or other reversal of a payment), we may suspend or close your account, reverse any withdrawal made and recover any winnings.
5.6 Withholding payment: Subject to our rights to withhold your deposit balance and/or winnings as set out in sections 4.2, 5.3, 5.5 and this 5.6, your deposit balance and winnings (if any) are withdrawable at any time:
5.6.1 We may temporarily withhold payment of your deposit balance and winnings (if any) until verification in accordance with our Age and Identity Verification and Anti-Money Laundering obligations (as further set out in section 4 above) has been completed. Upon verification being completed, we will process the payment of the withheld amount to you.
5.6.2 If (based on reasonable evidence) we believe that winnings have been attributed to you due to a Malfunction, we may temporarily suspend the payment of such winnings to you whilst we investigate the Malfunction. If we find that such winnings were not attributed as a result of a Malfunction, we will process the payment of the withheld amounts. Winnings attributed to you as a result of a Malfunction shall be void.
5.6.3 If (based on reasonable evidence) we find that you have seriously breached these Terms and Conditions we may withhold payment of your deposit balance and winnings (if any) up to any amount proportionate to our loss as a result of such breach.
5.6.4 We may also withhold payments of your deposit balance and winnings (if any) to the extent we are required to do so by law and/or instructed to do so by a Regulator.
5.7 Minimum and Maximum Transaction Values: Other than where you request to withdraw the entire balance of your Member account all withdrawals are subject to minimum limits per transaction, and such limits may vary depending on the payment method used. All withdrawals are also subject to maximum limits per transaction, and such limits may vary depending on the payment method used. Full details can be found in our FAQs. These maximum limits only apply per transaction, and we do not impose any restriction on the maximum amount that you may withdraw in any one time period.
5.8 Confirmation of Withdrawal Requests: Once you have submitted a request to make a withdrawal, you will see a confirmation message that the transfer has been actioned and your balance will immediately clear to the balance of the amount not withdrawn.
5.9 Withdrawal Authorisation and Payment: We aim to authorise your withdrawal request within twenty four (24) hours of our receipt of your request. For security reasons, Members making withdrawals may have to provide some additional information to ensure stringent safeguards are maintained (see sections 4.2 and 4.6). We are not responsible for any delays in processing your withdrawal requests if you do not receive or respond to our requests for information. Once your withdrawal has been approved, we are not responsible for any third party financial clearing process that delays your payment being received.
5.10 Incorrect Account Information: It is your responsibility to submit the correct bank account details for payment of withdrawals. We cannot repay payments made by us to another account due to incorrect account details provided by you. If a payment is unsuccessful and returned to us by our bank payment processor, we will investigate such payment, notify you and request corrected bank account details. Such unsuccessful payments will only be credited to your corrected account details once we have been notified by our bank payment processor that the payment has been successfully retrieved.
5.11 Protection of Customer Funds: We are responsible for the protection and management of your account balance. We safeguard all Member account balances (including, but not limited to, winnings) in a separate bank account (a client account) that is independent from all of our corporate and operating accounts. Consequently, in the event of our insolvency, while protection of your funds is not absolutely guaranteed, you would be entitled to claim monies from this account. Such protection is classified as “medium protection” under the ratings system set out by the Gambling Commission of Great Britain. For further information please visit: https://www.gamblingcommission.gov.uk/for-the-public/Your-rights/Protection-of-customer-funds.aspx .
6. MANAGING YOUR ACCOUNT AND SECURITY
6.1 Up to date details: It is your responsibility to ensure that your personal details are kept up to date. If necessary in connection with the management and operation of your Member account, we may contact you by email, telephone, text message or letter via the contact details you provide to us.
6.2 Keeping Password and Member Details Secure: Your Member account username, password and personal question details are for your personal use and should be kept private and confidential at all times. You should change your password on a regular basis. Where correct security information is provided, we are entitled to assume that all payment and gaming transactions made through your Member account are made by you. You agree to notify us immediately if you become aware or suspect any unauthorised use of your username or password.
6.3 Responsible Account Management: We take no responsibility for any third party access to your Member account and under no circumstances shall we be liable for any losses incurred by you as a result of misuse of your username or password by any person or for any unauthorised access to your Member account (unless this is due to our negligence). All transactions where your username and password have been entered correctly by a third party will be regarded as valid, whether or not authorised by you, except where our negligence or deliberate act has resulted in such party obtaining your username and password. You must monitor your Member account to prevent its use by another person.
7. CLOSING ACCOUNTS
7.1 Account Closure: We may temporarily suspend or permanently close your Member account at any time. We will take reasonable steps to notify you in advance of any such closure, other than where you have seriously breached these Terms and Conditions (in which case such closure may take effect without notice). If we close your Member account we will refund you your entire withdrawable account balance (other than where stated in section 5.6 of these Terms and Conditions).
7.2 How to Close your Account: You can close your Member account and request payment of outstanding funds at any time by contacting our 24/7 Customer Support team (their contact details can be found here) with the username or registered email details of your Member account. Such closure will occur within seven (7) calendar days after our receipt of your request and we will confirm the closure of your Member account by email. You remain responsible for any activity on your Member account between your request and the closure of your Member account by us.
7.3 Dormant Accounts: If no transaction has been recorded on your Member account for thirty (30) months (and such account has not been self-excluded in accordance with section 10 below), we may choose to close the Member account and remit any balance to you using your last known payment details. Free to play accounts or accounts that have never been funded that have been inactive for a period of twelve (12) months or longer may also be closed by us at any time on 7 days’ notice by email.
Subject to our rights to withhold payments as set out in section 5, on closure of your account your outstanding funds, as recorded on our systems less any active rewards will be transferred to your debit or credit card, bank account or returned by another payment method used by us and you. Closure of your Member account will automatically render any open Games, pre-registration in (or tickets for) multiplayer poker games and tournaments, Reward Points, rewards and entries in any reward schemes, promotions or competitions void. We cannot reinstate these if the Member account is subsequently reopened. We will use reasonable efforts to ensure that you are removed from our marketing lists within two (2) days of your Member account being closed.
7.4 Re-opening your Account: You may request to re-open a closed Member account by contacting our 24/7 Customer Support team (their contact details can be found here) with the details of the Member account you wish to re-open. We will review all requests to re-open a closed Member account. Member accounts closed as part of our self-exclusion or cool off policy cannot be re-opened for any reason until the self-exclusion or cool off time period has expired (see section 10 below).
8. MEMBER CONDUCT
8.1 You must not use the Website:
8.1.1 for any unlawful purpose or in any way that is illegal in the territory from which you are accessing the Website (for example by using or attempting to use the Website to launder the proceeds of crime);
8.1.2 to make any statements or submitting any material that is abusive, defamatory or discriminatory;
8.1.3 to infringe our Intellectual Property Rights (for example by web-scraping);
8.1.4 in an unfair manner, to deliberately cheat in Games, to collude with other Members or Network Users, to exploit loopholes in Games or promotions or otherwise manipulate the Website, or to take unfair advantage of us or our Members or Network Users, such as by making multiple Member accounts for the purposes of obtaining multiple entries into any Games;
8.1.5 to make multiple Member accounts for the purposes of obtaining multiple entries into promotions and Rewards schemes;
8.1.6 for any commercial purpose;
8.1.7 in a way that impairs, interrupts or damages the Website or its efficiency;
8.1.8 to advertise or promote your own or any third party’s products or services;
8.1.9 to distribute any unsolicited communications, including, but not limited to, spam;
8.1.10 in any way other than for your personal use;
8.1.11 by signing up for multiple Member accounts;
8.1.12 from a territory in which the use of this Website is illegal . For further information, see here; or
8.1.13 in breach of these Terms and Conditions.
8.2 Malicious Code: 8.2 You must not use (or upload to the Website or our systems) any form of malware (including, but not limited to, viruses, worms, Trojan horses and spyware) or any other code that may be deemed malicious.
8.3 Automatic Game Playing / Manipulation of Software / Software Tools: To ensure a secure and fair playing environment, automatic playing of Games by software (including, but not limited to, so called “bots”, Trojans, worms, logic-bots, auto-folders, AI-software and any software used for opponent-profiling and automatic betting) or the use of any other technical means to manipulate the outcome of the Games or your/another Member’s/a Network User’s account and/or data is not permitted. This will include, but is not limited to, using programmes to make decisions or take actions on yours or other Members’ or Network Users’ behalf and any form of hacking. To ensure a fair playing environment for all Members and Network Users, certain poker software tools and “advantage software” are also not permitted during play. These include, but are not limited to, hand history databases, so called “HUDs” (heads-up displays of statistical information), tools offering advice on game strategy, accessing services for specific Member information, poker calculators, or any other form of software that could confer a competitive advantage over Members or Network Users not using such software. Members are expected to make all decisions during Games, including poker, themselves, without external assistance of any kind.
Use of such software, programmes, behaviour or activity may (without affecting our other rights and remedies) result in closure of your Member/Network User account, and other associated Member account(s), and the cancellation of any outstanding winnings and deposits. Members that breach this section will not be eligible for reinstatement under different usernames and, in such event, any outstanding winnings and/or deposits in relevant accounts may also be cancelled.
In some circumstances, breaching this section 8.3 may cause you to have committed a criminal offence under the Computer Misuse Act 1990. We may report any such breach to the relevant law enforcement authorities and cooperate with those authorities by disclosing your identity to them.
If you suspect another Member or Network User of breaching this section, please contact the Customer Support team (their contact details can be found here).
8.4 Employee and Contractor Playing Restrictions: Except as set out in section 16.4, neither: (a) our employees and contractors; nor (b) the employees and contractors of our service providers (such as, but not limited to, our licensors, software suppliers, partners or developers) may register as Members, play the Games or make transactions on the Website unless authorised to do so by one of our legally entitled officials for test purposes only. No funds or winnings in Member accounts used in this manner may be withdrawn.
8.5 Site Activity Monitoring: Use of the Website may be monitored to ensure that you are not using the Website with a frequency or in a manner which might suggest you are using it for bookmaking or other illicit purposes. We may withhold any monies and/or suspend and/or close your Member account if we consider that the Website is being used by you for bookmaking or other illicit purposes.
8.6 Chip Dumping in Multiplayer Poker Games and Tournaments: Using the Website or a Group Website for Chip Dumping is prohibited. For security reasons we investigate all incidents of Chip Dumping and we may suspend your Member account if we suspect you of being involved in Chip Dumping and if we find (based on reasonable evidence) that such activity has taken place, we may withhold payment of your deposit balance and winnings (if any) up to an amount equal to the funds that have been the subject of the Chip Dumping and close your Member account.
8.7 Collusion and Suspicious Activity: We maintain a zero tolerance policy towards Collusion and all other forms of cheating that might occur on the Website and, in the case of Linked Games, across Group Websites. We have built several systems to ensure the highest levels of fairness and integrity in our poker Games, including algorithms for the automatic detection of Collusion and Chip Dumping. We have also developed advanced software for more detailed investigation of specific cases. Among other things, we monitor: (i) which Members and Network Users play with each other; (ii) hand types and situations arising in multiplayer poker games and tournaments; and (iii) unusual Wagering patterns. Our Collusion detection systems are there to protect our Members and Network Users and if you feel that you or another Member or Network User has been a victim of Collusion, please notify our security team by emailing [email protected] Please provide as much information as possible about the Collusion and, if the suspicious behaviour occurred during a multiplayer poker Game or tournament, include the table name and on-screen hand number. If we determine (based on reasonable evidence) that a transaction you are connected with is fraudulent, suspicious (including, but not limited to, there being Collusion between Members and/or Network Users whether using our systems or other systems), or involves or may involve an attempt to launder the proceeds of crime, or involves or may involve any other financial crime, or breaches any of our policies, we may retain the amount of that transaction (and any resulting winnings, which shall be null and void) and any other transaction made by you (which may include a connected deposit and any resulting winnings, which shall be null and void).
8.8 Fraud or Gaming System Malfunction: We may withhold winnings and void Wagers, and related bonuses or rewards if you are a Member or Network User and: you manipulate or another Member or Network User manipulates the Games in a fraudulent manner; there is Collusion (or suspected Collusion) between Members and/or Network Users; we suspect you of taking unfair advantage of other Members or Network Users; or the gaming system itself Malfunctions. Any such winnings, Wagers, bonuses and rewards shall be null and void.
8.9 Compliance with Rules: You must comply with
8.9.1 all Game-specific rules; and
8.9.2 any other rules and policies relating to the Website, that we may publish on the Website from time to time.
8.10 Serious Breach: We may restrict or prevent your use of the Website or close your Member account at any time if we, on reasonable evidence, believe that you have seriously breached any of these Terms and Conditions (including where you do not satisfy any of the requirements set out in section 4.1) and we reserve the right to disqualify you from Games in progress (whilst we so believe you to be in breach), hold or void bonuses, rewards or Games tickets that would have accrued to you during the period of any such breach, and restrict you from opening further Member accounts.
8.11 Confiscated Funds: If we suspect you of breaching this section 8 in the course of playing a multi-player game or tournament, and exercise our rights to confiscate funds as set out in these Terms and Conditions, we will use the confiscated funds to compensate those affected by such fraud or cheating. For example, in cases where Members and/or Network Users playing poker have incurred losses as a direct result of cheating (such as Collusion), the confiscated funds are distributed to the Members and Network Users affected in proportion to the damage caused, up to a 100% refund for all Games they have lost. In some cases of credit card fraud or bonus fraud, the confiscated funds may be kept by the Gamesys Group as partial compensation for the losses incurred. This distribution is done by the fairest practical means available, and can vary on a case by case basis; and the Games in question are considered to be null and void, and any prizes that might have theoretically been won are not considered. In cases where both Members and/or Network Users and the Gamesys Group have been adversely affected, the applicable Members and/or Network Users are compensated first.
9. CHAT FACILITY
9.1 Chat Content Standards: We may provide you with a chat facility to enable you to communicate with other Members, Network Users and our chat hosts. We may review and keep a record of all content on our chat facility. As a condition of your use of the chat facility, you agree to comply with the chat rules (as they are updated from time to time) (“Chat Rules“) (which can be found here) and the following terms:
9.1.1 you must not make any statements or submit any material that is sexually explicit or offensive, including, but not limited to, messages that are expressions of bigotry, racism, hatred, prejudice or profanity;
9.1.2 you must not make statements or submit any material that is abusive, defamatory or harassing or insulting to other Members or Network Users;
9.1.3 you must not distribute viruses, malware or any other technology that may harm the Website or otherwise disrupt our systems or the systems of other Members or Network Users;
9.1.4 you must not make statements or submit any material that advertises, promotes or otherwise relates to any other websites or online or offline ventures, discusses illegal activities, or post personal details;
9.1.5 you must not make statements or submit any material about us or the Website or any other website or service connected to us that is untrue and/or malicious and/or damaging to us;
9.1.6 you must not hold us responsible for the publication of any Member content in the chat facility or on the Website; and
9.1.7 you must not post any content that you do not have the right to post.
9.2 Chat Suspension: If we consider that content you post on the chat facility is unsuitable, we may restrict or suspend your ability to use the chat facility or close your Member account at our sole discretion and your activity may be reported to your Internet Service Provider (ISP) or the relevant authorities.
9.3 Open Forum: You acknowledge and accept that your communications on the chat facility are not private or confidential, and may be viewed and used by others accessing the Website. You also acknowledge and accept that the chat facility is in use across other websites operated by the Gamesys Group. Your communications may therefore be viewed and used by members of those websites. If any communications or content posted on the chat facility makes you feel threatened or abused, or you believe that such communications or content is offensive or otherwise breaches these Terms and Conditions or the Chat Rules, please contact our Customer Support team (their contact details can be found here).
9.4 Member Content: You grant us the right (with the right to sub-license such right) to edit, distribute and exploit the content that you submit via the chat facility, in all media (for example, but not limited to, print, television and internet), which media may be in more than one country. Subject to section 14.8 of these Terms and Conditions, we shall not use any content that you submit for promotional purposes.
9.5 Confirmation of Your Rights: You confirm that you have the right to grant us the rights set out in this section 9.
9.6 Moral Rights: You hereby waive all “moral rights” in any content that you submit via the chat facility, and give to us all the consents that we need to exploit your content in any media as far as possible in perpetuity.
10. RESPONSIBLE GAMING
10.1 Responsible Gaming: As part of our commitment to Responsible Gaming we provide you with the ability to control and limit your spending, options to temporarily cool off access to your Member account and an option to self-exclude and close your Member account for a set period of time. For more details on how you can control your gambling please visit the Responsible Gaming link in the My Account section of the Website.
10.2 Cool Off: You may temporarily exclude yourself from your Member acount for a period from twenty four (24) hours up to six (6) weeks by accessing the Responsible Gaming section in the My Account section of the Website, and selecting your required cool off period. On confirming the cool off period your Member account will be immediately suspended (and it will not be possible to login to your Member account until the selected duration has expired. Please note that when you select a cool off period it will only apply to the Member account that you are logged into at the time, meaning that you will not be able to log in to the Website or www.heartbingo.co.uk using that Member account. Your cool off period will not apply to accounts on other websites operated by Gamesys or third parties. If you have more than one account for this Website or our partner site (in breach of these Terms and Conditions), your cool off period will not apply to any such accounts. It is not possible for us to override or remove any cool off period once set. Any balances and any advance Wagers (including, but not limited to, pre-purchased bingo tickets and pre-registration in multiplayer poker games and tournaments) that you have placed will remain and any winnings will be credited to your Member account. You can only access your winnings after the cool off period has expired. Where you have confirmed the cool off, all future Wagers, stage saved Games, pre-purchased bingo tickets, pre-registration in (or tickets for) multiplayer poker games and tournaments, Reward Points, rewards and entries in any reward schemes and competitions cannot be cancelled but you will not be able to access them during the cool off period. It is possible that rewards or Reward Points may expire during the cool off period, in accordance with the Reward Rules and the Reward Points Rules, and tickets for multiplayer poker games and tournaments may also expire. We cannot reinstate any expired tickets for multiplayer poker games and tournaments, rewards or Reward Points if the Member account is reopened after the cool off period. We will take all reasonable precautions to ensure you are not able to gamble during the cool off period but, provided we have taken all reasonable precautions, we are not liable to you if you circumvent our procedures.
10.3 Deposit Limit and Frequency Control: You can set a maximum deposit limit and frequency control on your Member account by accessing the Responsible Gaming section in the My Account section of the Website. You can set or decrease such limits at any time with immediate effect. Please note that when you select a deposit limit or frequency control it will only apply to the Member account that you are logged into at the time, meaning that your deposit limit or frequency control will apply to your Member account on the Website and at www.heartbingo.co.uk. Your deposit limit or frequency control will not apply to accounts on other websites operated by Gamesys or by third parties. If you have more than one account for this Website or our partner site (in breach of these Terms and Conditions), your deposit limit or frequency control will not apply to any such accounts. All requests to increase set limits can take up to seven (7) days to become active. We will take all reasonable precautions to ensure your deposit amount and/or deposit frequency limits are observed but, provided we have taken all reasonable precautions, we are not liable to you if you circumvent our procedures and/or deposit funds into your Member account that exceeds your limits.
10.4 Self-Exclusion: We provide a self-exclusion facility. On request, we will suspend access to your Member account (by way of self-exclusion) for a minimum period of six (6) months and up to five (5) years, during which time it will not be possible for the Member account to be accessed by you for any reason. You can also request to close your Member account at any time by contacting our 24/7 Customer Support (their contact details can be found here) with the username or registered email details of the Member account you wish to close. Please ensure you quote the reference ‘Self-Exclusion’ in all correspondence to ensure your Member account is closed for the correct reason.
Upon self-exclusion, all future Wagers, stage saved Games, pre-purchased bingo tickets, pre-registration in (or tickets for) multiplayer poker games and tournaments, Reward Points, rewards and entries in any reward schemes and competitions cannot be cancelled but you will not be able to access them during the period of self-exclusion. It is possible that rewards or Reward Points may expire during the period of self-exclusion, in accordance with the Reward Rules and the Reward Points Rules. We cannot reinstate any expired rewards or Reward Points if the Member account is reopened after the self-exclusion period. All remaining balances less any active rewards will be transferred to your bank card, bank account or transferred to you through any other third party payment method which we make available. It’s also possible that any pre-purchased bingo tickets may expire during a period of self-exclusion.
Member accounts suspended due to self-exclusion cannot be re-opened for any reason until the self-exclusion time period has expired. Upon expiry of the self-exclusion period you may request to re-open a suspended Member account by contacting our 24/7 Customer Support team (their contact details can be found here) with the details of the Member account you wish to re-open. Any request to re-open a Member account previously closed due to self-exclusion will be subject to our approval and a 24 hour review period. You may withdraw your request to re-open your Member account at any time during such 24 hour review period. If we approve your request after such 24 hour review period, you will be provided access to your Member account.
We will take all reasonable steps to ensure that whilst you are self-excluded you do not receive any marketing material from us.
You acknowledge that if you elect to self-exclude you are not permitted to open or use a Member account that is operated by any company in the Gamesys Group. If you elected to self-exclude on or before 26 September 2019, your self-exclusion will also apply to Virgin Bet. If you circumvent the measures that we have in place to exclude you and deposit into a Member account after having elected to self-exclude, all Wagers and winnings made during such time will be void and, subject to our other rights and obligations under these Terms and Conditions, we may refund any amounts that you have deposited during such time to you. You acknowledge that we will not pay out any winnings generated from deposits originating from a payment method we reasonably believe to belong to a person who is self-excluded from websites belonging to the Gamesys Group (or to a person who has otherwise self-excluded through another self-exclusion service). Any such wagers and winnings made during such time will be void and, subject to our other rights and obligations under these Terms and Conditions, we may refund any amounts that you have deposited during such time to you.
10.5 Responsible Gaming: We take responsible gaming very seriously and may, in addition to the above, if we have serious concerns regarding the level of your gambling, close your account and refund any deposit balance and winnings (if any) to you at any time.
10.6 GAMSTOP: In addition to the Responsible Gambling tools we make available to you, the national online self-exclusion scheme GAMSTOP allows you to put controls in place to restrict your online gambling activities. By using GAMSTOP (www.gamstop.co.uk) you will be prevented from using gambling websites and apps run by companies licensed in Great Britain for a period of your choosing. You acknowledge that your self-exclusion using GAMSTOP is only effective if you do not circumvent the exclusion measures we or GAMSTOP have in place (including by registering additional accounts or accounts with substantially the same registration information albeit inputted in a different way) and, provided we have taken reasonable steps to ensure that whilst you are registered with GAMSTOP you cannot access our products and services, and complied with our regulatory obligations in this regard, we shall not be liable to you in respect of such circumvention
11.1 We may offer certain promotional rewards, which may include, but are not limited to free spins and bonus money, from time to time. All rewards are subject to these Terms and Conditions as well as the Reward Rules (and any other specific terms relating to the relevant reward that we publish. Failure to comply with such rules will render the applicable reward and winnings related to such reward as void.
11.2 Closure of your Member account will render a reward void.
11.3 Rewards are not transferable between Member accounts.
11.4 We may withdraw, amend or cancel any reward scheme at our discretion at any time and without notice. If we do so, any rewards that you have opted in for or otherwise accrued, will still be valid in accordance with the terms that applied at the time of their grant or we will take such other measures as may reasonably be required to ensure that you are not otherwise disadvantaged. Other than in exceptional circumstances, we will provide notice of any withdrawal, amendment or cancellation of a reward scheme.
11.5 We may choose to provide additional complimentary payments to Members, either applied directly to their Member account or through mechanisms such as (but not limited to) offering the facility for Members to participate in bonus Games, schemes, via the chat facility (including, but not limited to, through interaction on chat and chat games) and through other types of games and competitions. The application of any complimentary payment to a Member’s account or the offering of bonus Games or other types of games and competitions does not place any obligation on us to make any similar payment or rewards to any other Member. Where we (on reasonable evidence) consider you to be in serious breach of these Terms and Conditions, or where required to fulfil our regulatory obligations, we may withhold, withdraw, amend or cancel any complimentary payment that we may have applied directly to your Member account.
12. REWARD POINTS
We offer a Reward Point loyalty scheme to Members. If you receive any Reward Points, you agree to comply with the terms set out in the Reward Point Rules (as they are updated from time to time) (“Reward Point Rules”) (which can be found here).
13. ACCEPTANCE AND VALIDATION OF WAGERING
13.1 Confirmed Wagers: A Wager is only placed when you receive confirmation from us, by way of on screen display of a transaction ID, that the Wager has been accepted. At that time, the amount of the Wager will be charged against your Member account. All Wagers (including, but not limited to, any payments for or using pre-purchased bingo tickets or any payments for pre-registration in (or tickets for) multiplayer poker games and tournaments) are final. We cannot cancel or refund Wagers once they have been confirmed by us unless the Wager is declared void for any reason outlined in these Terms and Conditions.
13.2 Minimum Wager: A minimum Wager amount applies to each Game, unless otherwise specified. The minimum amount will be shown before you participate in the relevant Game.
13.3 Deduction of Wagers / Unresolved Wagers: The cost of a Wager will be deducted from your Member account at the time of placing your Wager, no matter when the result is determined. Except in the case of pre-registration in multiplayer poker games and tournaments, where in some cases you may be able to cancel your entry before the multiplayer poker game or tournament has started and you will be refunded your cost of entry, we cannot refund Wagers purchased for future plays that have not yet been settled. Any winnings related to such Wagers will be credited to your Member account once the play has been settled.
13.4 Our right to Cancel / Terminate Games: We may cancel, amend, remove or terminate any Game at any time without notice. If a Game is cancelled, amended, removed or terminated in a way that means it is not possible to resolve a Wager that you placed, then that Game shall be deemed null and void and the Wager will be credited back to your Member account.
13.5 Cancellation of Multiplayer Poker Games and Tournaments: In the unlikely event that a multiplayer poker game or tournament is cancelled, Members remaining in the multiplayer poker game or tournament will be compensated according to the Poker Cancellation Policy, which you can find here.
13.6 Our right to Postpone Games: We may postpone or pause any Game at our sole discretion. In this case, any Wagers for the postponed Game shall still stand and the Game will be executed at the new time set by us.
14. PAYMENT OF WINNINGS
14.1 Crediting Winnings: Winnings due on Wagers placed through your Member account will be credited to your current deposit balance automatically. This update of your Member account is not ‘proof of win’. If upon manual review there is evidence of fraud, Malfunction or that you have cheated or done anything to enable or assist any other person to cheat, including by exploiting or manipulating loopholes in Game software or the Website, we may void certain Wagers and winnings and amend Member accounts accordingly.
14.2 Rounding of Winnings: We use a Wager multiplier to calculate and accumulate gaming odds and it is therefore possible that for certain Games, winnings payouts can be displayed for presentational clarity having been rounded down to two decimal places to the nearest currency unit (for example, pence (GBP) or cents (EUR) (or currency equivalent, if applicable)). However, our (and/or any of our third party Game and/or service providers’) servers calculate and record the exact decimal value of the accumulated winnings payouts and Members’ balances.
14.3 Our Decision is Final: You agree that we and our records (and/or the records of any of our third party Game and/or service providers) shall be the final authority in determining the terms of any Games you play, any Wagers you place and the circumstances in which such Wagers were placed, subject to your rights under section 20.1 of these Terms and Conditions.
14.4 Taxation on Winnings: Any applicable taxes and fees in connection with any winnings awarded to you are your sole responsibility.
14.5 Progressive Jackpots: We may choose to make available to Members pooled Progressive Jackpots across Group Websites and third parties.
14.6 Progressive Jackpot Winnings: All Progressive Jackpot winnings will be subject to our confirmation. Our decision will be final and no correspondence will be entered into, subject to your rights under section 20.1 of these Terms and Conditions. .
14.7 Progressive Jackpot Accuracy: We use reasonable endeavours to ensure that the Progressive Jackpot value displayed in a Game matches the value on the Game server. However, it is the Progressive Jackpot value on the server that is used when the Progressive Jackpot is paid out. A small discrepancy may arise due to the delay between the initial Progressive Jackpot being displayed to you and the Progressive Jackpot that is actually won and paid out. Although unlikely, it is theoretically possible for the Progressive Jackpot to appear to be won by more than one Member during the delay period mentioned above. If more than one Member appears to win a Progressive Jackpot simultaneously then the Member recorded on our servers and/or our Game or service providers’ servers as having won the Progressive Jackpot first shall be the recipient and the subsequent Member(s) shall win the value of the Progressive Jackpot when reset. In the extremely unlikely event of the server recording a win truly simultaneously, we may share the Progressive Jackpot equally between the winning Members.
14.8 Publication of Winnings: For winnings greater than £100, your first name, initial letter of your surname and county may be published if we receive a request from an individual pursuant to rule 8.28.5 of the UK Code of Non-broadcast Advertising & Direct and Promotional Marketing.
15. COMPETITIONS AND PROMOTIONS
15.1 From time to time we may offer you the chance to enter competitions and promotions. We will provide the specific terms and conditions for such competitions and promotions at the relevant time. You should therefore read these Terms and Conditions in combination with the applicable specific terms for any competition or promotion you wish to enter. Where such specific terms conflict with these Terms and Conditions, the specific terms will take precedence.
Serious failure to comply with these Terms and Conditions and/or failure to comply with the applicable specific terms for a competition or promotion will automatically render your entry to such competition or promotion as void.
15.2 Closure of your Member account during a competition or promotion in which you have participated will render your entry into such competition or promotion void and you will not be able to receive a prize.
15.3 We may withdraw or amend any competition or promotion at any time. Any such withdrawal or amendment will not impact any player who has already opted into the promotion or competition, or otherwise accrued any prizes in relation to such competition or promotion, prior to the withdrawal or amendment coming into effect (unless any such withdrawal or amendment is necessary to prevent fraud or similar unlawful behaviour).
16. REGULATION OF RESULTS
16.1 Our Server Evidenced Results: If there is a discrepancy between either the numbers that you believe that you have entered or the graphic display of the Game you have played and those in our (or any of our third party Game or service providers’) database, the numbers in the database are considered valid and no correspondence disputing such issues will be entered into by us.
16.2 Random Number Generator: You accept and agree that: (a) random number generator software, hosted on our (or any of our third party Game or service providers’) servers will determine the outcome of the Games; (b) if the result shown on the Software conflicts with the result shown on our (or any of our third party Game or service providers’) server, the result shown on our (or any of our third party Game or service providers’) server shall in all circumstances take precedence; and (c) our (or any of our third party Game or service providers’) records shall be the final authority in determining the circumstances of your use of the Website and you shall have no right to dispute our decisions in regard to such matters, except as set out under section 20.1 of these Terms and Conditions.
16.3 Integrity of Random Number Generator: The output of our (or our third party Game or service providers’) random number generator is monitored and tested regularly by us and an independent accredited test facility to ensure it performs within expected bounds and in accordance with the relevant Regulator’s requirements.
16.4 Chat Hosts in Multiplayer Poker Games and Tournaments: Occasionally, you might see our chat hosts playing in multiplayer poker games or tournaments, or informing you about related promotions. They will be clearly identified as chat hosts, and their play will be in accordance with our Poker Chat Host Policy, which you can see here.
16.5 Results of Members of Group Websites: If you are a Network User and participate in a relevant multiplayer poker game or tournament, we may report any actual or suspected act of Collusion, Chip Dumping, soft play, automated playing, manipulation of software, taking unfair advantage, fraud, money laundering, financial crime, or any other breach of our policies, including but not limited to this section 16, to the relevant Group Website. Such actual or suspected acts shall be dealt with by the relevant Group Website in accordance with its policies. This may result in the withholding of winnings, voiding of Wagers and related bonus and rewards by the relevant Group Website, together with the closure of your account with the relevant Group Website (as further described in the relevant Group Website’s policies). For the avoidance of doubt, we shall not be able to assist you in relation to any decisions made by the relevant Group Website.
16.6 Complaints: If you would like to make a Complaint, please refer to our Complaints Policy (which can be found here). You can also find out more about using the: (a) Approved Dispute Resolution (ADR) service; or (b) European Online Dispute Resolution (ODR) platform (although this may prolong resolution time) that is available here.
16.7 Member Account Balances: Save as a result of manifest error or our negligence, the balance of your Member account will at all times be as recorded on our server.
16.8 Autoplay Facility: If you use an autoplay facility that we make available on any of our Games, the outcome of any spins prior to pressing the STOP button, including, but not limited to, any spin in progress at the time you press the STOP button cannot be reversed.
17. DISCONNECTIONS AND OTHER EVENTS BEYOND OUR CONTROL
17.1 Disconnection Information: The Games are played over telecommunications networks. If you are disconnected from the Internet or a mobile telephone network, then: your status in the applicable Game will be dependent on the type of Game you were playing/about to play. By way of explanation:
a) if you were playing a single player Game and you had not commenced the Game when you were disconnected, the Game will not take place;
b) if you had commenced the single player Game when you were disconnected, the Game will be recorded on the Game servers and your Wagers will stand and the outcome will be reflected in your Member account status;
c) if you had commenced a multi-player Game or Linked Game of bingo (or had pre-purchased tickets for such bingo game) or roulette and placed a Wager (including pre-purchasing a ticket for a multiplayer poker games or tournament) before you disconnected, then the Game will autoplay, your Wagers will stand and you will take default actions (for example, check or fold in a multiplayer poker game automatically, or post blinds automatically when it is your turn to post blinds in a multiplayer poker game), until you re-join or until the Game ends, and the outcome will be reflected in your Member account status; and
d) if you commenced multi-player casino table games and placed a Wager before you were disconnected then you will take default actions (for example stand in a blackjack game) until you re-join or until the Game ends.
17.2 Some single player Games are multi stage and may include bonus Games. If you are disconnected from the Internet or a mobile telephone network during a bonus Game or a multi stage Game, reconnecting and re-selecting the Game (at the same value where applicable) should cause the Game to recommence from the point at which it terminated. Non multi stage Games will complete the outcome of the Game or bonus Game in your absence and will credit your Member account if you win. If a bonus Game cannot for any reason be recommenced in this way, this is considered a Malfunction unless otherwise stated in the specific Game rules. If there is a disconnection, the records stored on the Game server shall be the final authority in determining the terms of any Wagers you place and the circumstances in which they were made. Malfunction voids all Wagers and play, resulting in the amounts of your Wagers being refunded.
17.3 Disconnection from a Linked Multiplayer Poker Game or Tournament due to a Malfunction
17.3.1 If you are disconnected from a multiplayer poker game or tournament that is a Linked Game during a hand due to a Malfunction of the Website but no such Malfunction occurs on any of the other Group Websites, then you may be treated as sitting out and take default actions (for example, check or fold, or post blinds automatically when it is your turn to post blinds) until you are able to re-join the Linked Game or until the Linked Game ends.
17.3.2 If you are disconnected from a multiplayer poker game or tournament that is a Linked Game during a hand due to a Malfunction of all of the relevant Group Websites, then the relevant Linked Game shall be cancelled, all Wagers and play shall be void, and the amounts of your Wagers shall be refunded.
18. LIMITS ON LIABILITY
18.1 You agree that you will only use the Website in accordance with these Terms and Conditions.
18.2 Nothing in these Terms and Conditions shall exclude or limit our liability for fraud, fraudulent misrepresentation or for death or personal injury resulting from our negligence or the negligence by us, our employees or agents.
18.3 You have certain rights under the law, including that we will provide services with reasonable skill and care and within a reasonable time.
18.4 You have certain legal remedies if we breach any of these rights which may apply irrespective of these Terms and Conditions. Nothing in these Terms and Conditions is intended to affect these legal rights or other rights to which you may also be entitled.
18.5 You acknowledge and agree that we are not responsible for any damages, losses, expenses or claims which may be caused by any:
18.5.1 failure of any telecommunications or other data transmission system that results in:
a) the failure of, or damage or destruction to, our central computer system or records, or any part thereof; or
b) delays, losses, errors or omissions (including, but not limited to, any delay resulting in non-receipt of any entry for a particular draw);
18.5.2 Event Beyond Our Control; or
18.5.3 third party interception or misuse of Members’ payment details.
18.6 If we breach these Terms and Conditions, we shall only be liable to you for losses which are a reasonably foreseeable consequence of such a breach (which means that the losses could have been contemplated by you or us at the time of entering these Terms and Conditions). In no case shall we be liable for indirect, incidental or consequential damages which are a side effect of the main damage and were not reasonably foreseeable at the time of entering these Terms and Conditions.
18.7 Subject to sections 18.2 and 18.4, in no case shall our liability to you exceed the greater of:
18.7.1 where such liability relates to a specific Wager, the value of such Wager paid by you; or
18.7.2 where such liability relates to any money in your Member account which has been misplaced, the amount that has been misplaced; or
18.7.3 the amount of GBP 1,000 (£1,000) (or EUR or other currency equivalent, if applicable).
18.8 We do not endorse, warrant or guarantee any third party product or services shown on the Website and will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.
18.9 You acknowledge that if you gamble there is a risk that you may lose money.
18.10 Subject to sections 18.2 and 18.4, the Website (including, but not limited to, the Games and all other functionality) is provided on an “as is” and “as available” basis for your use, without warranties of any kind, either express or implied. We do not guarantee that: (a) you will be able to access or use the Website at times or locations of your choosing; or (b) any files that you download are free from malware, viruses, contamination or destructive features.
18.11 Whilst we use reasonable efforts to correct any inaccuracies, errors or omissions as soon as practicable once they have been brought to our attention, we do not promise that any information provided as part of the Website itself will be accurate or free from errors or omissions.
18.12 Whilst we use reasonable endeavours to provide the Website and the Games reliably, outages and unexpected downtime will occur. We do not make any guarantee of uninterrupted service. Access to the Website may be suspended temporarily and without notice in the case of system failure, Malfunction, maintenance or repair or for an Event Beyond Our Control (including, but not limited to, outages or software errors that result from actions taken by social media websites).
18.13 The information and other content provided as part of the Website does not constitute any kind of advice, recommendation or endorsement by us and is not intended to be relied upon by you in making (or refraining from making) any specific decision.
18.14 Subject to us taking reasonable steps to notify you of any account closure in accordance with section 7.1, we may discontinue, withdraw, terminate or modify the Website or any part of the Website (including any Game) at any time.
19. COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
19.1 General: The Website and all content and software made available on it (including, but not limited to, the Games) (together the “Website Material”) are our exclusive property or are used under licence by us.
We are the owner or the licensee of all Intellectual Property Rights in and to the Website Material. The names of products and services (including, but not limited to, the names of our Games) are the trade marks of us or our licensors. The Website Material is protected by copyright laws and treaties around the world. All rights in and to the Website Material (including all Intellectual Property Rights) are reserved.
We take breaches of our Intellectual Property Rights seriously and may take legal action in respect of any infringements.
19.2 Your Use of Website Material: The Website Material is made available to you for use on a non-commercial entertainment basis only. Any other use (including, but not limited to, republication) of the Website Material is subject to our prior written approval.
Without limiting the generality of the foregoing, you may not sell, assign, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorised use of the Website Material without our express prior written consent. Except as permitted by applicable law you must not de-compile, re-engineer or disassemble the Website Material, nor attempt to interfere with its correct operation. You agree not to remove, obscure, or alter any copyright, patent, trade mark, or other proprietary rights notices affixed to Website Material.
Subject to these Terms and Conditions, you may download one copy of insubstantial excerpts of the Website Material to your PC, mobile or any other device for the sole purpose of viewing it.
If you print off, copy, download or use any part of the Website Material in breach of these Terms and Conditions, your right to use the Website Material will cease immediately and you must, at our option, immediately return, permanently delete or destroy any copies of the Website Material you have made.
19.3 Software Licence: The Website Material may include or make available software which may be downloaded and installed on your PC, mobile and/or any other device. Subject to these Terms and Conditions, we hereby grant to you a revocable, non-exclusive, non-sublicensable, non-transferable licence for the use of such software on PC, mobile and/or any other device owned or operated by you, solely for the purpose of playing our Games and managing your Member account.
19.4 No assignment: Except as expressly set out in this section 19, you neither have nor obtain any right, title or interest in or to the Website Material or any rights therein (including, but not limited to, Intellectual Property Rights) of us or our licensors. All such right, title and interest (including goodwill) arising from your use of the Website Material will vest in us or our licensors (as applicable). We may, at any time, call for a confirmatory assignment of such right, title and interest (including, but not limited to, goodwill), and you agree to immediately execute it.
20.1 Jurisdiction: If you have a Complaint, please do follow our complaints procedure as set out in our FAQs If you wish to take court proceedings against us, any disputes shall be subject to the laws of England and Wales and subject to the exclusive jurisdiction of the courts of England and Wales. However, if you reside elsewhere in the European Union, you still have the benefit of any applicable rights under the laws of, and the right to bring an action before the courts of, your country of habitual residence.
20.2 Disallowed terms: If any part of these Terms and Conditions is disallowed or found to be ineffective, then the other provisions of these Terms and Conditions shall continue to apply.
20.3 No Waiver of rights: If you breach any of these Terms and Conditions and we do not take any action against you, we are still entitled to use our rights and remedies in any other situation where you breach these Terms and Conditions.
20.4 Third parties: These Terms and Conditions form an agreement between you and us and are not intended to give any rights to any third party. This does not affect our right to transfer our rights under section 20.5 below.
20.5 Transfer of rights: We may wish to transfer our rights or obligations under these Terms and Conditions to any other company within the Gamesys Group or any other legal entity (including but not limited to if we restructure our business or if there is a sale of our business). You agree that we may do so provided that in the case of a transfer, after we notify you of the date on which we transfer our rights and obligations under these Terms and Conditions, your rights in connection with these Terms and Conditions will be against the new legal entity. These Terms and Conditions are personal to you and you may not transfer your rights or obligations under these Terms and Conditions to anyone else.
20.6 These Terms and Conditions: These Terms and Conditions apply when you use the Website and supersede any previous agreements in relation to your use of the Website. You confirm that you have not accepted these Terms and Conditions as a result of any statements made by us that are not contained in these Terms and Conditions. If you wish to receive copies of former terms and conditions please contact our Customer Support (their contact details can be found here).
Please note: These rules were updated on 3rd December 2019.
1. Reward types: From time to time, we may offer certain promotional rewards on the website which may include the following:
a) Bonuses – non-withdrawable ‘bonus money’, which may be subject to certain wagering requirements (see section 4 below);
b) Refer A Friend Reward – a reward based on you successfully referring friends to the website — please see Refer A Friend Rules for specific rules, which may vary from time to time;
c) Free Spins – free spins (sometimes restricted to selected games), which may be made available to you as part of various promotions on the website, including the Welcome Offer – please see the Welcome Offer Rules for specific rules, which may vary from time to time;
d) Free Bingo Tickets – tickets (sometimes restricted to selected games or excluding selected games), which may be made available to you as part of various promotions on the website and/or in Chat, including the Welcome Offer – please see the Welcome Offer Rules for specific rules, which may vary from time to time; and
e) Poker Tickets – tickets with a face value, which may be used to play multiplayer poker games of that buy-in amount; or promotional tickets, which may be used to play certain promotional multiplayer poker games.
2. Conditions of Rewards: Some of the above rewards may be offered to you on you completing certain actions on the website (including but not limited to making a minimum deposit or minimum wager), or they may be offered to you on a complimentary basis. If specific rules apply to such rewards, these will be made available to you at the relevant time and you should read the specific rules in combination with these Reward Rules.
3. Expiry of Rewards: Unless specified otherwise in specific rules, rewards must be claimed within 7 days of notification, and once claimed will expire if not used in full (or if any applicable wagering requirements are not met) within 30 days. Rewards cannot be reinstated once expired.
4. Wagering with Bonuses:
a) Wagering Requirements: Where communicated to you, certain bonus money may be subject to completing wagering requirements before a cash withdrawal can be made. Wagering is when you place a bet (or wager) on a game using any funds in your account balance and once these are met you can withdraw any winnings relating to your bonus and the following will apply:
i. For each bonus (unless otherwise specified in any bonus-specific rules), you must wager a minimum of 1 times the value of such bonus; and
ii. Your wagering requirements are displayed in your My Account section on the Withdrawals page, where an example of how much you will need to wager will be displayed along with any withdrawable balance.
b) Wagering order: When you have an active bonus, the amounts you wager will be deducted from your total balance in the following order:
i. From any net winnings (over the amount of your bonus and including winnings from other types of rewards); and
ii. Then from your bonus; and
iii. Then from any other funds (including any cash balance).
c) Withdrawal: You cannot withdraw your bonus or any winnings won when wagering with your bonus until you have completed the wagering requirements. Withdrawals of winnings won when wagering with a bonus may be subject to a delay of up to 36 hours.
5. Depositing: Your deposit balance (if any) is withdrawable at any time during any reward related promotional period.
6. Multiple Accounts: You can only take part in rewards promotions once. If we detect that any Member has created more than one account (including in order to take part in rewards promotion multiple times, in breach of these Rules) we shall be entitled to close any such accounts (and void any rewards and related winnings).
7. Compliance with terms: By accepting any reward, you agree to be bound by these Reward Rules and any applicable rules made available to you before or on accepting a reward. You must also comply with the website terms and conditions at all times, specifically clause 8.1. Failure to comply with the website terms and conditions will automatically render any reward offered to you as void.
WELCOME OFFER RULES
PLEASE NOTE: these Rules were last updated on 3rd December 2019.
1. If you are a new member, you will be eligible to receive either:
a) 30 free spins (1p coin size, maximum lines) for the game Paper Wins (“Free Spins”);
b) 50 free bingo tickets (“Free Bingo Tickets”) on applicable games (see section 6(b) below).
2. To be eligible for this promotion, you must successfully complete the following criteria (the “Qualifying Requirements”):
a) register as a member of this website, which means that you must accept our website terms and conditions (which can be found here);
b) opt in to this promotion by selecting either the Free Spins offer or the Free Bingo Tickets offer before making your first deposit,
c) make a first deposit of at least £10; and:
d) wager at least £10 in cash on any game(s).
3. This offer is not available to any existing members of Smooth Bingo or Heart Bingo.
4. You have 30 days from when you opt-in and make your first deposit to complete the remaining Qualifying Requirements and play any Free Spins or any Free Bingo Tickets before they expire.
5. If you do not opt in to this promotion by selecting either Free Bingo Tickets or Free Spins before you make your first deposit, you will not be eligible to opt in to this promotion retrospectively. Your choice is locked in at the point that a successful first deposit is made, and cannot be exchanged or altered after this time.
6. If selected, Free Bingo Tickets:
a) have a maximum value of £50 (if used to buy £1 tickets) and a minimum value of 50p (if used to buy 1p tickets). Free Bingo Ticket availability at maximum value is based on bingo game ‘max ticket’ restrictions per game, and game schedule;
b) can be used on any bingo game on the website, with the exception of Session Bingo and Bingo Winners Club. We reserve the right to amend these Rules in the future to exclude additional bingo games, including new bingo games but any such amendment will not impact any player who has already opted in to the promotion prior to the amendment coming into effect; and
c) can only be used for buy-in to the next game available at the time of ticket redemption, and not to advance buy or to bulk buy tickets.
7. You can only take part in this promotion once. If we detect that any member has created more than one account (including in order to take part in this promotion multiple times, in breach of these Rules) we shall be entitled to close any such accounts (and void any Free Spins, Free Bingo Tickets and related winnings).
8. Your deposit balance and winnings (if any) are withdrawable at any time during this promotion, subject to our rights to temporarily withhold payments as further set out in section 5 of the website terms and conditions.
9. We aim to make Free Spins or Free Bingo Tickets available instantly when you complete the Qualifying Requirements, but please allow up to 72 hours in the case of technical difficulties.
10. If you opt in to this promotion, you agree to comply with the website terms and conditions and these Rules at all times. If (based on reasonable evidence) we find that you have seriously breached the website terms and conditions or these Rules, we may render Free Spins, Free Bingo Tickets and related winnings in your member account void, and we reserve the right to close your member account.
REWARD POINTS RULES
PLEASE NOTE: these Rules were updated on 3rd December 2019.
1. How to earn Reward Points: By setting up a Member account, you also activate a Reward Points account in which you will generate Reward Points every time you win on any Smooth Bingo or Heart Bingo product.
2. Rate Reward Points are earned: You will earn one (1) Reward Point for every £5 you win on any bingo games or £20 you win on any non-bingo games.
3. Redeeming Reward Points: Reward Points can be converted to cash in the Reward Station at a rate of £0.01 for every one (1) Reward Point.
4. Converting Reward Points to cash: The minimum number of Reward Points you can convert to cash at any one time is one (1) Reward Point (which converts to £0.01). Converted cash will be credited directly into your Member account.
5. Conversions are final: All conversions are final and cannot be reverted. Once you have converted your Reward Points to cash, we can’t change them back into Reward Points. Please make sure you are certain before you choose to redeem your Reward Points.
6. Expiry of Reward Points: Reward Points will expire ninety (90) days after the last eligible win recorded by us on your Member account. To maintain your Reward Points balance, you must earn a minimum of one (1) Reward Point within ninety (90) days of earning your previous Reward Point (this means that within ninety (90) days of earning a Reward Point, you must win a minimum of: (a) £5 on bingo; or (b) £20 on non bingo games), or else any and all Reward Points that you have earned shall expire.
7. Changes to the rate Reward Points are earned: We may change the rate at which Members collect Reward Points at any time on notice to you.
8. Changes to redeeming Reward Points: We may withdraw, amend or add redemption options at our discretion. If we withdraw, amend or add a redemption option, we will fulfil any outstanding redemption orders, and we will notify you of any such changes before they take effect.
9. Closure of Reward Points account: We may close a Reward Points account linked to a Member account that is suspended or closed or where we believe Reward Points have been earned fraudulently. We may withhold or cancel any Reward Points in any such account.
10. Restrictions: Reward Points can only be redeemed on this website and cannot be transferred between Member accounts.
11. Member accounts: Reward Points will be forfeited if players are found to have more than one Member account.
12. These Reward Points Rules: By participating in the Reward Points scheme, you agree to be bound by these rules and that our decisions are final and binding in all respects.
13. Website terms and conditions: You must comply with the website terms and conditions at all times. Failure to comply with the website terms and conditions will automatically render any Reward Points in your Member account void.
REFER A FRIEND RULES
PLEASE NOTE: These rules were updated on 2nd July 2020.
1. If you wish to apply for the Refer a Friend promotion, you must ensure that each of the friends who receive a referral (by personal invitation or social media communication) are aged 18 or over.
2. You will only be eligible for the Refer a Friend promotion if:
i. have deposited and wagered on this website on at least one occasion; and
ii. comply with these rules and the website terms and conditions;
b. your friend:
i. is not an existing Member of Heart Bingo or Smooth Bingo;
ii. successfully registers as a Member (which includes, but is not limited to passing our internal age verification and identity checks);
iii. selects the same currency as you;
iv.deposits a minimum of £10 (or EUR); and
v. wagers a minimum total of £20 and satisfies the wagering requirements (see the Refer a Friend Wagering Rules in paragraph 12 below).
3. Once all requirements as set out in paragraph 2 above have been met, you will receive a £20 credit to your account balance. Please allow up to 72 hours for this to appear in your account balance.
4. Both your and your friend’s deposit balance and winnings (if any) are withdrawable at any time during this promotion, subject to our rights to temporarily withhold payments as set out in section 5 of our terms and conditions.
5. Your entry into this promotion will be rendered void if your friend withdraws their deposit, or you or your friend close your Member accounts before all of the requirements in paragraph 2 above have been met.
6. Your friend will not be able to use Paysafecard as a payment method at any time.
7. You can successfully refer a maximum of five (5) friends under these Refer a Friend rules meaning the maximum amount of credit you can receive is £100. If you refer more than five (5) friends you will not receive any further credit to you account balance under these Refer a Friend rules.
8. You are not permitted to refer yourself or other existing Members of Heart Bingo or Smooth Bingo to the Refer a Friend promotion.
9. Multiple accounts are not permitted and the Refer a Friend reward is not transferable between Member accounts.
10. Your friend will also be eligible to receive the Welcome Offer upon registration as a member (subject to your friend opting-in to the Welcome Offer and their compliance with the Welcome Offer Rules).
11. Refer A Friend Wagering Rules: Wagering is when you place a cash bet on a game. Wagering on different games contributes different amounts towards your friend’s wagering requirements.
To receive your Refer a Friend reward, your friend will need to meet their wagering requirements. Wagering on different games contributes different amounts towards your friend’s wagering requirements, with some contributing more than others. Any play using free spins or free tickets will not contribute towards the wagering requirements.
This table sets out: (a) the percentage that wagers on each game contribute towards the wagering requirements; and (b) the total amount your friend would need to wager, if playing only on that game type.
Welcome New Player! Terms and Conditions WEBSITE TERMS AND CONDITIONS Please read these Terms and Conditions carefully before using this Website and registering asa Member. If you have