TERMS AND CONDITIONS OF USE OF THE WEBSITE AND THE TELEBETTING SERVICE
1.1 The following definitions are used in these terms and conditions:
"Bonus Terms" means any terms and conditions and/or rules with regard to promotions, bonuses and special offers which may apply to any part of the Services from time to time
"Your Contact Details" are as defined in paragraph 4
"Download Terms" means any additional end user terms and conditions of use which You are required to confirm Your agreement to as part of the download and/or installation of any software which You may download in order to be able to use the Website, including the Playtech End User Licence Agreement which can be found in the Appendix of these General Terms
"General Terms" means the terms and conditions set out in this document
"Group" means in relation to any party, a company which is from time to time a subsidiary or the ultimate holding company of that party or another direct or indirect subsidiary of any such ultimate holding company.
"Rules" means the Betting Rules and the Game Rules specifically applicable to the relevant type of betting and/or gaming, as identified in more detail in paragraph 1.3.1 and 1.3.2
"Services" means, as appropriate, the services offered for the time being by VIP Stakes through the Website and/or via any mobile or tablet application.
"Website" means the website www.vipstakes.com or any page or section thereof for the time being
"VIP Stakes" means HighWeb Services Limited
1.3 In addition, where You play any game, or place a bet using the Services, or otherwise use the Services, You agree to be bound by:
1.3.1 the Rules For All Sports Bets on the VIP Stakes Sportsbook as set out under the general Help tab ("the Betting Rules"); and
1.3.2 the Rules of any game You play ("Game Rules"), as set out under the relevant general Help tab, any Help section and Rules tab, including (without limitation):
220.127.116.11 for games on the ''Games'' tab: the Games Rules for the relevant game;
18.104.22.168 for games on the ''Vegas'' tab: the Vegas Rules for the relevant game;
22.214.171.124 for Live Casino games on the ''Casino'' and ''Vegas'' tabs: the Vegas Rules and the Casino Rules for the relevant game;
126.96.36.199 in respect of any new games, the rules applicable to such game;
1.3.3 any Bonus Terms;
1.3.4 any Download Terms; and
1.3.5 any other terms applicable to the Services and/or which You are required to confirm Your agreement to as part of the Services.
1.5.1 the Bonus Terms;
1.5.2 the Betting Rules;
1.5.3 the Game Rules;
1.5.4 the Additional Terms;
1.5.5 the General Terms;
1.5.7 the Download Terms.
2. CONTRACTING PARTIES
2.3.1 VIP Stakes; or
2.3.2 in the case of terms and conditions relating to monies held in Your Account from time to time, to any HighWeb Services Limited company which holds such money as trustee and shall (where appropriate) be deemed to include our agents, partners, and suppliers.
3.3.1 email (to the email address You have previously supplied us with, if any);
3.3.2 a message to Your Inbox on the Website; or
3.3.3 notice on the Website
4. OPENING YOUR ACCOUNT
4.1 In order to place a bet or play a game using the Services, You will need to open an account with VIP Stakes ("Your account" or "Account").
4.2 In order to open Your Account for use with the Services, You can:
4.2.1 contact Customer Services;
4.2.2 click on Join now on the Website and follow the on-screen instructions;
4.2.3 open by such other Account opening method as shall, from time to time be offered by VIP Stakes.
4.3 Your Account will either be operated by VIP Stakes or by another company in its Group for and on behalf of itself and/or the relevant HighWeb Services Limited company with whom You have contracted.
4.4 When You open Your Account You will be asked to provide us with personal information, including Your name and date of birth and appropriate contact details, including an address, telephone number and e-mail address ("Your Contact Details"). You may update Your Contact Details from time to time by contacting Customer Services; or through the My account management page on the Website or by such other method as shall, from time to time, be offered by VIP Stakes.
4.5 If You do not wish Your Contact Details to be used by us and our business partners to contact You to inform You with marketing information relating to others of our goods, products or services or those of our business partners, please indicate that this is the case by ticking the relevant box as instructed when You open an account on the Website or by informing Customer Services.
4.6 In opening Your Account You warrant that:
4.6.1 You understand and accept the risk that, by using the Services, You may, as well as winning money, lose money;
4.6.2 You are (a) over 18 years of age and (b) above the age at which gambling or gaming activities are legal under the law or jurisdiction that applies to You (the "Relevant Age");
4.6.3 gambling is not illegal in the territory where You reside;
4.6.4 You are legally able to enter into contracts;
4.6.5 You have not been excluded from gambling; and
4.7 Your Account must be registered in Your own, correct, name and personal details and it shall only be issued once for You and not duplicated through any other person, family, household, address (postal or IP), email address, or any environment where computers are shared (e.g. schools, workplaces, public libraries etc), computer (or other access device), and/or account in respect of the Services. 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). If we close a Duplicate Account:
4.7.1 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;
4.7.2 we may, at our entire discretion, void all winnings and refund all deposits (less amounts in respect of void winnings) 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
4.7.3 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.
5. VERIFICATION OF YOUR IDENTITY; MONEY LAUNDERING REQUIREMENTS
5.1 You warrant that:
5.1.1 the name and address You supply when opening Your Account are correct; and
5.1.2 You are the rightful owner of the money which You at any time deposit in Your Account.
5.3 Whilst we are undertaking any Checks from time to time, 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 regulatory, security or other business reasons. If any such restrictions cause You a problem, please contact Customer Services.
5.4 In certain circumstances we may have to contact You and ask You to provide further information to us directly in order to complete the Checks. For this purpose, we will be entitled, at our sole discretion, to require that You provide us with a notarised ID or any equivalent certified ID according to the applicable law of Your jurisdiction or otherwise, 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 to be undertaken by You in relation to the Account or we may, where we reasonably believe that deliberately incorrect information has been provided by You, keep any amount deposited on the Account following the closure of the Account by us.
5.5 It may be an offence for persons under the Relevant Age 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:
5.5.1 Your Account will be closed;
5.5.2 all transactions made whilst You were underage will be made void, and all related funds deposited by You will be returned by the payment method used for the deposit of such funds, wherever practicable;
5.5.3 any deposits made whilst You were under the Relevant Age will be returned to You; and
5.5.4 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 5.5.3 and You will return to us on demand any such funds which have been withdrawn from Your Account.
6. USERNAME, PASSWORD, PIN and CUSTOMER INFORMATION
6.1 After opening Your Account, You must use 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.
6.2 All transactions made where Your username and password and/or account number have been entered correctly will be regarded as valid, whether or not authorised by You, and we shall not be liable for any claims in the event that You disclose Your username, password or account number to anyone else (whether deliberately or accidentally).
6.3 If You have lost or forgotten Your Account details, or have reason to believe that such details are known to an unauthorised third party, please contact us immediately for a replacement through Customer Services, details of which can be found in the Help section of the Website.
7. DEPOSITS AND WITHDRAWALS FROM YOUR ACCOUNT
7.1 If You wish to participate in the Services, You must deposit monies into Your Account from an account or source of which you are the account holder. Such monies may (subject to paragraph 5) then be used by You to place bets or play games. Further details of how to deposit, withdraw and transfer funds can be found in the Deposit page of the Help section of the Website. 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 the Account as being invalid (and any winnings arising from such deposit as void) pending the satisfactory completion of all relevant Checks.
7.2 You further agree not to make any charge-backs, 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. For the avoidance of doubt Your Account shall not be used by You as a bank account and, should we become aware of deposits into and withdrawals from Your Account without commensurate betting or gaming activity, we reserve the right to deduct an administration charge (whether or not we close or suspend the account).
7.3 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. Any monies deposited with us in Your Account shall not attract any interest. Monies deposited with us are held under a normal bank account and/or escrow account in the name of VIP Stakes or another HighWeb Services Limited company, which holds the monies in the account on trust for You and other persons entitled. 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.
7.5 To the extent required by Your local law or tax or other authorities You are responsible for reporting Your winnings and losses arising from the Services.
7.6 You can set a deposit limit on Your Account in any one day. This limit cannot be increased without giving us twenty four hours'' notice of Your wish to increase Your deposit limit and only when twenty four hours have elapsed from Your request for such an increase will the increase apply. For details of how to set up a deposit limit please contact Customer Services, or (where Your Account is for the Website) set up the limit through the Website by clicking on My Account, then Update Account Details. Any confirmed reductions to your deposit limit will be of immediate effect.
7.7 Subject to paragraph 12 (Closure of Your Account; etc), You may request withdrawal of funds from Your Account at any time provided that:
7.7.1 all payments made into Your Account have been confirmed as cleared and none have been charged-back, reversed or otherwise cancelled;
7.7.2 any Checks referred to in paragraph 5 above have been completed by us to our satisfaction; and
7.7.3 You have complied with any other relevant withdrawal conditions affecting Your Account (e.g. any applicable Bonus Terms).
7.7.4 The minimum amount of a single payout is 30 Euro/GBP/USD.
7.8 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 in accordance with paragraph 7.7 (less charges incurred or any other amount required to be deducted from Your withdrawal in order to comply with any applicable law).
7.9 We will attempt to accommodate Your request regarding the payment method and currency of payment of Your withdrawal. This, however, cannot be guaranteed. Therefore, we may process and pay withdrawals in a different payment method than the one requested by You, such as through different payment providers, a bank draft or wire transfer (any charges associated with relevant payment methods are set out in the Withdrawal tab of the Website). Similarly, in certain cases, the currency of Your withdrawal may not be the currency in which Your deposit was made or that was otherwise requested by You and, in circumstances where we are required to convert Your deposits between different currencies, the conversion rate used by us is as stated in the Help tab of the Website.
7.11 Inactive Account Fee. If you do not use Your Account for betting or gaming, making a deposit, withdrawal or transfer, or if it is otherwise inactive, for a period of at least 24 consecutive months then it will be an "Inactive Account". All Inactive Accounts will incur an Inactive Account Fee, the details of which can be found in the Help section of the Website. We will notify You when Your Account becomes an Inactive Account, and at least 14 days before any Inactive Account Fee is deducted from it.
8. LEGAL USE OF THE WEBSITE
8.1 Access to or use of the Website or any of the Services via the Website may not be legal for some or all residents of or persons in certain countries. We do not intend that the Website should be used for betting, gaming or any other purposes by persons in countries in which such activities are illegal, which includes the United States of America and those territories listed via the Help tab on the Website. The fact that the Website is accessible in any such country, or appears in the official language of any such country shall not be construed as a representation or warranty with respect to the legality or otherwise of the access to and use of the Website, and the making of deposits or receipt of any winnings from Your Account. The availability of the Website does not constitute an offer, solicitation or invitation by us for the use of or subscription to betting, gaming or other services in any jurisdiction in which such activities are prohibited by law.
8.2 It is Your responsibility to determine the law that applies in the location in which You are present. You should ensure that You will be acting legally in Your jurisdiction in opening Your Account and/or using the Website and You represent, warrant and agree that You will do so.
8.3 If it becomes apparent to us that You are resident in a country in which the use of the Website is not legal, we shall be entitled immediately to close Your Account, in which case any balance on the Account on the date of such closure will be refunded to You as soon as it is practicable for us to do so.
9. PLACING YOUR BET AND/OR GAMING USING THE SERVICES
9.1 In order to place a bet or access a Service you should follow the instructions provided at the Help tab.
9.2 It is Your responsibility to ensure that the details of any bet, stake or similar transaction that you place using the Services (a "Transaction") are correct in the following manner:
9.2.1 when using the Website (either directly, through an application or otherwise) in accordance with the relevant Betting Rules or Game Rules, as appropriate; and
9.3 Your Transaction history can be accessed by you by clicking My Account on the Website, or through our Customer Services team (including by opting to receive a written statement).
9.5 Once a Transaction has been accepted by us, You cannot cancel the transaction unless we agree otherwise.
9.6 We may, at our discretion (and provided that neither You nor we gain any unfair advantage), elect to accept a bet notwithstanding that the relevant event has begun. In respect of gaming, the relevant Rules tab shall set out the point at which no further stakes will be accepted by us.
9.7 We may cancel or amend a Transaction pursuant to the provisions of paragraph 5 (Verification of Your Identity), paragraph 11 (Collusion, Cheating, Fraud and Criminal Activity) or paragraph 18 (Errors or Omissions).
10. REMOTE GAMING OR BETTING
10.1 Where You are accessing the Services via an electronic form of communication You should be aware that:
10.1.1 In relation to Your use of the Website for the placing of bets or playing of games:
10.1.1.1 You may be using a connection or equipment which is slower than such equipment used by others and this may affect Your performance in time critical events offered via the Website;
10.1.1.2 You may encounter system flaws, faults, errors or service interruption which will be dealt with in accordance with paragraph 17 (IT Failure);
10.1.1.3 the Game Rules for each event or game offered via the Website are available and should be considered by You prior to Your use of the Services offered via the Website; and in relation to Your use of the Services, if You are betting on an "in running" event, You may not at any relevant time be able to see or otherwise be provided with the most up-to-date information in relation to the relevant event. We shall not be liable to You in respect of any losses suffered or costs incurred by You as a result of any delay in the transmission of information relating to any "in running" event.
11. COLLUSION, CHEATING, FRAUD AND CRIMINAL ACTIVITY
11.1 The following practices (or any of them) in relation to the Services :
abuse of bonuses or other promotions; and/or
using unfair external factors or influences (commonly known as cheating); and/or
taking unfair advantage (as defined in paragraph 11.5.3);
opening any Duplicate Accounts; and/or
undertaking fraudulent practice or criminal activity (as defined in paragraph 11.5),
11.2 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 or telephoning Customer Services.
11.3 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.
11.4.1 we have reasonable grounds to believe that You have participated in or have been connected with any form of Prohibited Practice (and the basis of our belief shall include the use by us (and by our gaming partners and our other suppliers) of any fraud, cheating and collusion detection practices which are used in the gambling and gaming industry at the relevant time); or
11.4.2 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 Practice or otherwise improper activity; or
11.4.3 we become aware that You have "charged back" or denied any of the purchases or deposits that You made to Your Account; or
11.4.4 You become bankrupt or suffer analogous proceedings anywhere in the world,
11.5 For the purposes of this paragraph 11:
11.5.1 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; (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; (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;
11.5.2 a "criminal activity" shall include, without limitation, money laundering and any offence under of the Gambling Act; and
11.5.3 an "unfair advantage" shall include, without limitation:
188.8.131.52 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);
184.108.40.206 the use of automated players (''bots''), or other 3rd party software or analysis systems; or
220.127.116.11 the exploitation by You, of an ''Error'' as defined in paragraph 18.1, in any case either to Your advantage and/or to the disadvantage of us or other.
11.6 In exercising any of our rights under paragraph 11.4 in relation to a Prohibited Practice, we shall use all reasonable endeavours to ensure that, while complying with our regulatory and other legal obligations, we exercise such rights in a manner which is fair to You and to our other customers.
11.7 We reserve 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 Practice by You, and You shall cooperate fully with us to investigate any such activity.
CLOSURE AND TERMINATION BY YOU
12.1.1 indicating Your wish to close Your Account; and
12.1.2 stating the reasons why You wish to close Your Account, in particular if You are doing so because of concerns over the level of Your use of the same.
12.2 When You request closure of Your Account under paragraph 12.1 we will, subject to paragraph 12.3, return any outstanding balance in Your Account to You.
12.4 When repaying the outstanding balance on Your Account, we shall use the same method of payment which You provided upon registration of Your Account, or such other payment method as we may reasonably select.
CLOSURE AND TERMINATION BY US
SUSPENSION BY US
13. ACCESS TO, AND USE OF, THE SERVICES
13.1 You are solely responsible for the supply and maintenance of all of the computer equipment and telecommunications networks and internet access services that You need to use in order to access the Services. We will not be liable in any way whatsoever for any losses caused to You (whether resulting from loss of service, poor internet connectivity, insufficient bandwidth or otherwise) by the internet or any telecommunications service provider that You have engaged in order to access the Services. For the avoidance of doubt, VIP Stakes does not make any representation or give any warranty as to the compatibility of the Services with any particular 3rd party software or hardware, including (for the avoidance of doubt) 3rd party analysis or ‘Bot’ programmes which promise certain results from any of the Services.
13.2 Under no circumstances should You use the Services for any purpose which is or is likely to be considered to be defamatory, abusive, obscene, unlawful, of a racist, sexist or other discriminatory nature, or which could cause offence. You must not use any abusive or aggressive language or images, swear, threaten, harass or abuse any other person, including other users, via the Website, or attempt to pass Yourself off as being any other person, or behave in such a manner towards any VIP Stakes staff used to provide the Services, Customer Services, or any helpdesk or support function which we make available to You.
13.3 You shall use the Website for personal entertainment only and shall not be allowed to provide access or reproduce the Website or any part of it in any form whatsoever without our express consent, including creating links to it.
13.4 You shall be solely liable in respect of any content uploaded by You onto the Website ("Uploaded Content") and, in uploading any such content You represent and warrant that;
13.4.1 you have obtained all necessary approvals, consents, licences and permissions required in respect of the Uploaded Content and that the reproduction of the Uploaded Content on the Website will not infringe the copyright, trade mark, confidential information or any other intellectual property rights whatsoever of any third party;
13.4.2 the Uploaded Content will not contain any material in breach of paragraph 13.2 or any code in breach of clause 13.3;
13.4.3 the Uploaded Content will comply with all laws and regulations (including, in particular, those relating to data protection and privacy); and
13.4.4 VIP Stakes is entitled to use and sub-licence the use of the Uploaded Content at its sole discretion.
13.5 Any material (other than Software under paragraph 16) downloaded by You from the Website shall be downloaded entirely at your own risk and VIP Stakes shall not be liable in respect of any loss of data or other damage caused by any such download.
13.6 Where we have reason to believe that Your use of the Services is in breach of paragraphs 13.2, 13.3, 13.4 or 13.5 we shall, without prejudice to any of our other rights, be entitled forthwith to remove from the Website any offending content.
14. BETTING AND GAMING TERMS
14.1 Expressions used in the betting and gaming industry are numerous. Where appropriate, a glossary explaining the meaning of commonly-used betting and gaming expressions is available through the Help pages in the Website. Should You be in any doubt as to the meaning of any expression, You should:
14.1.1 look up its meaning in the glossary in the relevant Help section relating to the event or game You are betting or gaming on;
14.1.2 If You are still in any doubt, contact Customer Services for clarification; and
14.1.3 not place any bet or game on any event until its meaning is understood to Your satisfaction,
because we cannot accept any responsibility if You place a bet or game via the products offered via the Services in circumstances where You do not understand any of the terms involved in or relating to the bet or game.
15. ALTERATION OF THE WEBSITE
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 ongoing 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.
16. THIRD PARTY SOFTWARE
16.1 It may be necessary to provide You with software ("Software") supplied by third parties to enable You to use the products offered through the Services, in particular our download Casino products.
16.3 It is Your responsibility to ensure that any Software is downloaded onto your computer in a manner compatible with Your own computer''s specific set-up. For the avoidance of doubt, we shall not be liable to the extent that the incorrect downloading of any Software has an adverse effect on the operation of Your computer.
17. IT FAILURE
17.1 Where problems occur in the software or hardware used by us to provide the Services we will 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 players, 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 VIP Stakes''s server immediately prior to the occurrence of the problem).
17.2 We do not accept any liability whatsoever for problems caused by the equipment which You or other players are using to access the Services, or faults relating to Your or their internet service provider.
18. ERRORS OR COMISSIONS
18.1 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:
18.1.1 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;
18.1.2 where we have made a ''palpable error''. A palpable error occurs where:
18.104.22.168 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; or
22.214.171.124 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;
18.1.3 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'');
18.1.4 where an error has been made as a result of a Prohibited Practice under paragraph 11.1;
18.1.5 where we should not have accepted, or have the right to cancel or re-settle, a bet pursuant to the Betting Rules (for example due to ''Related Contingencies'');
18.1.6 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
18.1.7 where an error has been made by us as to the amount of free bets and/or bonuses that are credited to Your account,
any such circumstances being referred to as an "Error".
18.2 We reserve the right to:
18.2.1 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 VIP Stakes (absent the publishing error) 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; or
18.2.2 where it is not reasonably practicable to correct and re-settle under 18.2.1 above, to declare the bet void and return Your stake into Your Account; or
18.2.3 in circumstances where the Error has resulted from a Prohibited Practice, to take the steps set out in paragraph 11.4.
18.3 Any monies which are credited to your Account, or paid to you as a result of an Error shall be deemed, pending resolution under paragraph 18.2, 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 pursuant to paragraph 7.4. We agree that we shall use all reasonable endeavours to detect any Errors and inform You of them as soon as reasonably practicable.
18.4 Neither we (including our employees or agents) nor our partners or suppliers shall be liable for any loss, including loss of winnings, that results from any Error by us or an error by You.
18.5 You shall inform us as soon as reasonably practicable should You become aware of any Error.
18.6 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 You shall be immediately repaid to us when a demand for payment is made by us to You.
19. EXCLUSION OF OUR LIABILITY
19.1 Your access to and use of the Services is at Your sole option, discretion and risk. We shall not be liable for any attempts by You to use the Services by methods, means or ways not intended by us.
19.3 SAVE AS PROVIDED IN OUR BETTING RULES AND SUBJECT TO PARAGRAPH 19.5, OUR MAXIMUM LIABILITY (INCLUDING THAT OF OUR PARENT AND SUBSIDIARY COMPANIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES) ARISING OUT OF YOUR USE OF THE SERVICES (OR ANY PART OF THE SERVICES AND WHETHER UTILISING THE WEBSITE), WHETHER SUCH LIABILITY ARISES UNDER BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, WILL BE LIMITED TO:
19.3.1 (WHERE OUR LIABILITY RELATES TO A BET OR STAKE) THE AMOUNT OF THE BET OR STAKE PLACED BY YOU IN RESPECT OF WHICH OUR LIABILITY HAS ARISEN;
19.3.2 (WHERE OUR LIABILITY RELATES TO THE MISAPPLICATION OF FUNDS) THE AMOUNT OF MONEY IN YOUR ACCOUNT THAT HAS BEEN MISPLACED BY US; AND
19.3.3 (IN RESPECT OF ANY OTHER VIP STAKES LIABILITY) ONE THOUSAND EURO (1,000 EURO).
19.4 WE (INCLUDING OUR PARENT AND 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:
19.4.1 LOSS OF DATA;
19.4.2 LOSS OF PROFITS
19.4.3 LOSS OF REVENUE;
19.4.4 LOSS OF BUSINESS OPPORTUNITY;
19.4.5 LOSS OF OR DAMAGE TO GOODWILL OR REPUTATION;
19.4.6 BUSINESS INTERRUPTION; OR
19.5.1 fraud (including fraudulent misrepresentation); or
19.5.2 death or personal injury caused by our negligence.
20.1 You will fully indemnify, defend and hold us and our officers, directors, employees, agents, contractors and suppliers harmless from and against any and all losses, costs, expenses, claims, demands, liabilities and damages (including legal fees), however caused, that may arise, whether or not reasonably foreseeable, as a result of or in connection with:
20.1.1 the access to and use of the Services by You or by anyone else using Your username and password; and/or
21. INTELLECTUAL PROPERTY RIGHTS
21.1 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 Services are subject to copyright and other proprietary rights which are either owned by us or used under licence from third party rights owners. To the extent that any material comprised within the Services may be downloaded or printed then 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.
21.5 All intellectual property rights in the name "VIP STAKES", the logos, designs, trade marks and other distinctive brand features of VIP Stakes and any content provided by VIP Stakes or any third party for inclusion on the Website vest in VIP Stakes or the applicable third party. You agree not to display or use such logos, designs, trade marks and other distinctive brand features in any manner without our prior written consent.
22. VIRUSES, HACKING AND OTHER OFFENCES
22.1 You shall not:
22.1.1 corrupt the Website;
22.1.2 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;
22.1.3 flood the Website with information, multiple submissions or "spam";
22.1.4 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 propogating viruses, worms, trojans, logic bombs or similar material that is malicious or harmful;
22.1.5 interfere or tamper with, remove or otherwise alter in any way, any information in any form which is included on the Website;
22.1.6 attack the Website via a denial-of-service attack or a distributed denial-of-service attack. We will report any suspected breach 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.
22.2 We will not be liable for any loss or damage caused by 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.
23. YOUR PERSONAL INFORMATION
23.2 We are required by law to comply with data protection requirements in the way in which we use any personal information collected from You in Your use of the Services. We therefore take very seriously our obligations in relation to the way in which we use Your personal information.
23.3 When You use the Services it will be necessary for us to collect certain information about You, including Your name and date of birth, Your Contact Details, and may also include information about Your marketing preferences (all of which shall be known as "Your Personal Information").
23.4 By providing us with Your Personal Information, You consent to our processing Your Personal Information, including any of the same which is particularly sensitive:
23.4.2 for other purposes where we need to process Your Personal Information for the purposes of operating the Services,
including by sharing it with our service providers and agents for these purposes, for example to our providers of postal services, marketing services and customer services agents. We may also disclose Your Personal Information in order to comply with a legal or regulatory obligation.
23.5 We will retain copies of any communications that You send to us (including copies of any emails) in order to maintain accurate records of the information that we have received from You.
24. USE OF ''COOKIES'' ON THE WEBSITE
25. COMPLAINTS AND NOTICES
25.1 No claim or dispute with regard to:
25.1.1 the acceptance or settlement of a bet which You have made using the Services will be considered more than 30 days after the date of the original transaction; and
25.1.2 a game which You have played using the Services will be considered more than 12 (twelve) weeks after the date on which the relevant transaction or game play took place.
25.2 Should You wish to make a complaint regarding the Services, as a first step You should as soon as reasonably practicable contact Customer Services about Your complaint, which will be escalated as necessary within our Customer Services team until resolution.
25.6 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 VIP Stakes, 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.
25.7 When we wish to contact You, we may do so using any of Your Contact Details. Notices will be deemed to have been properly served and received by You immediately after an email is sent or after we have communicated with You directly by telephone (including where we leave You a voicemail), or three (3) days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post; and in the case of an email, that such email was sent to the specified email address (if any) in Your Contact Details at the time that any such email was sent.
26. TRANSFER OF RIGHTS AND OBLIGATIONS
27. EVENTS OUTSIDE OUR CONTROL
27.2 Our performance is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. 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.
28.1 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.
28.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
29.2 In such cases, the part deemed invalid or unenforceable shall be amended in a manner consistent with the applicable law to reflect, as closely as possible, VIP Stakes''s original intent.
30. ENTIRE AGREEMENT
30.3 Neither party shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of the contract (unless such untrue statement was