Terms and Conditions
1. INTRODUCTION
2. LICENCE
3. CONDITIONS FOR REGISTERING AND OPENING AN ACCOUNT WITH US
4. REGISTRATION
5. CHAT ROOMS - CUSTOMER MATERIAL AND CONDUCT
6. SERVICE ACCESS
7. DISCLAIMER
8. LIMITATIONS OF LIABILITY
9. SEVERABILITY
10. DISPUTE RESOLUTION
11. GOVERNING LAW AND JURISDICTION
IMPORTANT LEGAL NOTICE
ATTENTION: THIS LEGAL NOTICE (TOGETHER WITH THE DOCUMENTS REFERRED TO ON IT) APPLIES TO THE ENTIRE CONTENTS OF THE WEBSITE UNDER THE DOMAIN NAMES WWW.LIVEBINGO.COM AND LIVEBINGO.CO.UK OPERATED BY BLUEBURRA LIMITED AND TO ANY CORRESPONDENCE BY E-MAIL BETWEEN US AND YOU. PLEASE READ THESE TERMS CAREFULLY BEFORE REGISTERING WITH THE WEBSITE. EVERY CUSTOMER IS DEEMED TO HAVE ACCEPTED THESE TERMS AND CONDITIONS BY CHECKING THE BOX ON THE REGISTRATION FORM AND CLICKING “REGISTER”. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THE WEBSITE. THIS NOTICE IS ISSUED BY BLUEBURRA LIMITED.
1. INTRODUCTION
1.1 www.livebingo.com and www.livebingo.co.uk (the “Website”) is operated by Blueburra Limited (the “Company” “we” “us”). The Company is incorporated in and regulated from the Isle of Man under company registration number 004478V having its registered office at 49 Victoria Street, Douglas, Isle of Man. The Company’s Online Gambling Licence from the Isle of Man Supervisory Commission was registered on 26 February 2010.
1.2 On registration you shall be deemed to have accepted these Terms and Conditions (the “Terms”) by checking the box on the registration form and clicking “Register” you will be bound by the entirety of these Terms and by the Company’s GAME RULES, DISCLAIMER NOTICE and PRIVACY POLICY which are incorporated by reference into and form part of these Terms.
1.3 If you do not accept the Terms, which include by incorporation GAME RULES, DISCLAIMER NOTICE AND PRIVACY POLICY, you may not access or otherwise use the Website or its services.
1.4 You may access these Terms at any time by using the link on the bottom of each page. The Company may revise the Terms at any time by updating this posting. You should check the Website from time to time to review the then current Terms, because the Terms are binding on you. The Company will make all reasonable efforts to ensure that any significant changes to the Terms will be notified to the Customer by a prominent notice on the Website. If you do not accept any amendments to the Terms, you should refrain from using the Company’s the Website as any such continued use will be subject to the amended Terms.
1.5 If you do not accept these Terms in full, you must leave the Website immediately.
2 LICENCE
2.1 You are permitted to print and download extracts from the Website for your own use on the following basis:
a. no documents or related graphics on the Website are modified in any way;
b. no graphics on the Website are used separately from the corresponding text; and
c. the Company's copyright and trade mark notices and this permission notice appear in all copies.
2.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including without limitation photographs and graphical images) are owned by the Company or its licensors.
2.3 For the purposes of these Terms, any use of extracts from the Website other than in accordance with clause 2.1 for any purpose is prohibited. If you breach any of the Terms, your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website.
2.4 Subject to clause 2.1, no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the Company's prior written permission.
2.5 Any rights not expressly granted in these Terms are reserved.
3 CONDITIONS FOR REGISTERING AND OPENING AN ACCOUNT WITH US
3.1 Age Requirements: It is an offence to participate in gambling if you are under eighteen (18) years of age or under the legal minimum age in your country of residence (whichever is higher). If you are under 18 years of age you are committing an offence if you use our services on the Website. You are not permitted to register and open an account on the Website, unless you are eighteen (18) years of age or older and have the legal capacity to contract with us.
a. If you are under 18 years of age or under the legal minimum age in your country of residence (whichever is higher) please leave this Website immediately.
b. By registering and opening an account with us, you confirm warrant and represent that you are at least 18 years of age or the legal minimum age in your country of residence (whichever is higher) and that you have the mental capacity to take full responsibility for your own actions and can enter into a binding agreement with us.
3.2 Excluded Countries: You warrant to us that you will not access or register on the Company’s Website, at any time, if you are a citizen of a nation state that prohibits its citizens from participating in gambling (regardless of their location).
a. We reserve the right, for whatever reason and at any time, to close your account or suspend access to the Website if you are found to be in breach of this requirement. We also reserve the right to block any territory for any reason.
b. The use of this Website whilst located in any jurisdiction in which it is unlawful to use our Website or from where the Company has restricted access to the Website is strictly prohibited, (if you are not sure, you should check before you register and open an account with the Company). Excluded countries for the purposes of the Terms shall include, but are not limited to:
• Australia
• Canada
• China
• Japan
• Netherlands
• Turkey
• United States
c. You will not be entitled to any winnings or other awards and rewards in respect of any products or services offered on the Website whilst located in any such jurisdiction.
d. We may monitor the location from which you appear to access the Website and may use techniques which are intended to block access from any location in which participation in the products and services on the Website may be illegal or restricted as we may determine in our sole and absolute discretion from time to time. Accordingly, we may require a Customer receiving any winnings to provide proof that he or she is eligible to participate and if we determine in our sole and absolute discretion that the Customer is not eligible, we may refuse to award the winnings.
3.3 Online Gambling debts are enforceable by law in the Isle of Man.
3.4 You understand that by using our products and services you may lose money and you accept full responsibility for such losses.
3.5 You explicitly confirm warrant and represent that:
a. you are not a licensed bookmaker or a bookmaker’s agent, employee of the Company or any associated company and that you do not conduct a business of negotiating or receiving bets;
b. you are not depositing money that does not belong to you, which has been gained from criminal or other illegal activity or with a credit, debit or charge card that does not belong to you;
c. you are not bankrupt;
d. you will not use the Website for any purpose that is unlawful or prohibited by the Terms.
4. REGISTRATION
4.1 Opening an Account
a. You may open only one account and it must be funded by you. We reserve the right to assess compliance with this requirement for unique email addresses, real word addresses, credit card number and/ or any other payment forms used to establish an account.
b. By registering and opening an account you consent to allow the Company admittance to your account information to inspect the accuracy of the personal information provided, as well as complaints or other allegations of abuse.
c. If you register with us, you must provide true and accurate information about yourself including your age, full name and surname, place of residence and a valid email address. You represent and warrant that all registration and account information you supply to the Company is complete and accurate and (through timely updates) kept up to date. You are responsible for maintaining the accuracy of this information. Should the registration information provided prove false or misleading, we may suspend or terminate your account.
d. If you have breached this requirement listed in 4.1 (c) above, we reserve the right to close the relevant account and consolidate all or part of the funds in any additional accounts into the original legitimate account. The maximum amount transferred, if any, will not exceed the total amount of deposits, less any withdrawal requests that have been paid on the additional accounts. All winnings will be forfeited. The Company reserves the right to deduct its reasonable transactional costs.
e. Continued breach may, at our discretion, result in the termination of all the relevant accounts and banning you from the Website. We reserve the right to terminate all affected accounts if we conclude, acting reasonably, that more than one of such accounts is being operated by, or is under the control of, a single person.
f. Where we have a serious and reasonable suspicion of fraudulent activity on an account, we reserve the right to withhold the payment of funds to you until the end of the charge-back period which applies to the payment method used to pay in the relevant funds.
g. All deposits that you make with us from time to time shall be kept separate and distinct from the funds of ours and shall be managed and administered by the Company or third party payment processors.
4.2 Responsible E Gaming (LINK TO RESPONSIBLE GAMBLING RULES)
a. For those customers who wish to restrict their gambling, we provide a voluntary self exclusion policy, which enables you to close your account or restrict your ability to game on the Website for a minimum period of six months. You can ask that the restriction lasts for a period of up to 5 (five) years.
b. If you require any information relating to this facility please speak to Customer Support at support@livebingo.com.
c. We will use our reasonable endeavours to ensure compliance with self exclusion. However you accept that we have no responsibility or liability whatsoever if you continue gambling and/or seek to use the Website and we fail to recognise or determine that you have requested self exclusion in circumstances which are beyond our reasonable control. For example including but not limited to you opening a new account or using a different name or address.
d. The National Association for Gambling Care Educational Resources and Training (GAMCARE) (LINK) provides information, advice and counselling to individuals, their family and friends who have concerns about problem gambling. The Helpline number for GAMCARE when calling from the UK is 0845 600 0133; this number may not be available from outside the UK.
e. We are committed to supporting Responsible Gambling (LINK) initiatives.
4.3 Credit Checking and Age Verification
a. In order to assess your details and verify your registration, we may supply the information you have given us to authorised credit reference agencies to confirm your identity and card details. They will check any details we disclose to them against any databases (public or private) to which they have access and will keep a record of that check. You agree that we may process, use, record and disclose personal information which you provide in connection with your registration and that such personal data may be recorded by us or them. For your protection, any telephone calls to our Customer Service Centre may be recorded and monitored. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.
b. As well as any other verification processes we may undertake, any account holders depositing from debit and credit cards may be required to provide additional proof of identity to assist with age verification before making their first withdrawal. These additional checks are not generally required for credit card users, however, the Company reserves the right to request such additional information depending on the circumstances. Additional proof of identity may include but is not limited to: number of passport or utility bills.
4.4 Username and Password
a. On registration, you will be asked to choose a username and password that will be used to access your account. You can change your password at any time. It is your sole responsibility to ensure that all information supplied to us by you is accurate and kept up-to-date
b. If you choose a password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any account or password if, in our reasonable opinion, your account information has been compromised. You must tell us immediately if you suspect any unauthorised use of your account or access to your password.
c. You are responsible for the secrecy of your own username and password. We will not be liable to you for any loss that you may incur as a result of an unauthorised person accessing your account and we accept no liability resulting from its unauthorised use, whether fraudulent or otherwise. As is usual, it is for you to ensure that your account password is kept completely secret
4.5 Withdrawals
a. In order for you to withdraw funds from your account, you must have made at least one deposit which can be later withdrawn. You may withdraw funds from your account at any time provided all payments have been confirmed and provided you have satisfied the Company’s identification procedures.
b. Each withdrawal by you from your account will incur a processing fee. If an account balance (excluding any non-withdrawable funds) is lower than the withdrawal processing fee, the withdrawal request will not be completed. Any withdrawal will incur a withdrawal charge which will be deducted from your account balance at the time of the withdrawal. Your account balance must therefore be able to cover both, the withdrawal cost and the withdrawal amount.
c. There is a minimum withdrawal amount of GBP £30.
d. You are aware that some credit card companies classify gambling transactions as 'cash' and may place a fixed and/or interest charge from the date of payment. Withdrawals via bank transfer to International bank accounts (deposits and withdrawals) will also attract bank charges, which may vary according to the amount of money transferred and which have to be met by you.
e. We reserve the right to request documentation prior to processing a withdrawal exceeding £200. This measure is intended as an additional security to you to prevent any unauthorised third parties from withdrawing funds from our account.
f. If any sum is incorrectly credited to your account you are obliged to notify the Company, and the Company is entitled to reverse such credits and/or recover such sums from you, even if withdrawn by you or improperly used to participated in games on the Website. The Company reserves the right to cancel or reverse any winnings to recover such sums. If you use the sums improperly credited to participate in games on the Website, the Company can cancel and reverse any winnings.
g. You may be legally obliged to account to the relevant tax authorities for your winnings. This remains your responsibility and we are not liable to account to any such authority for any of your personal taxes.
4.6 Closure of Accounts, Suspension and Termination
a. Unallocated Funds: From time to time, we will hold funds which are not allocated to Customers. This may occur for a number of reasons including where a Customer’s winnings are forfeited, or if we are unable to place funds in an account because it has already been closed by the Customer. We may use these funds for a variety of purposes including using them for donations to registered charities, developing and improving the Website, increasing winnings in specified games, or anything else we reasonably believe to be appropriate.
b. Account Closure: The Company reserves the right to close your account at any time. You have the right to close your account at any time, providing your account does not show a balance due to the Company. If the balance on your account does not amount to the minimal withdrawal amount specified above, you should contact the Company’s support services at support@livebingo.com.
c. Freezing Account: The Company may need to freeze your account, if (1) the Company has reason to believe that the account may be used for fraudulent purposes, (2) for the purposes of money laundering, or (3) until investigations on your account are completed. The Company also reserves the right to freeze or immediately terminate the account if it reasonably believes that you (1) are cheating, (2) are under 18 years of age, (3) have provided incorrect and/ or false information on registration, or (4) are in a jurisdiction that renders the provision of our services illegal.
d. Dormant Account: If no transaction has been recorded for 20 months, the Company will remit the balance in your account to you. If the Company is unable to locate you, it reserves the right to donate such funds to a charity of its choice.
e. Inappropriate Behaviour: The Company reserves the right to cease your account or decline to limit your participation in any services on the Website for any reason, including but not limited to harassment of other Customers, posting of objectionable material, creating numerous accounts, game fraud or any breach of the Terms or the Game Rules (LINK).
f. Suspension and Termination: Failure to comply with any of the Terms, the GAME RULES (LINK) and the PRIVACY POLICY (LINK) constitutes a material breach of the Terms upon which you are permitted to use the Website, and may result in the Company taking all or any of the following actions:
• immediate, temporary or permanent withdrawal of your right to use our Website;
• immediate, temporary or permanent removal of any posting or material uploaded by you to the Website;
• disqualification from the Website and cancelation of your right to claim any winnings;
• issue of a warning to you;
• legal action against you including proceedings for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
• disclosure of such information to law enforcement authorities or third party complainants as we reasonably feel is necessary or required;
• disclosure of your identity to any third party who is claiming that any material posted or uploaded by you to our Website constitutes a violation of their intellectual property rights, right to privacy or other legal rights.
• The responses described in this clause are not limited, and we may take any other action we reasonably deem appropriate.
g. Any monies associated with closed accounts, including closure of accounts for non-compliance with the Terms or the Game Rules (LINK), are subject to forfeiture.
5. CHAT ROOMS - CUSTOMER MATERIAL AND CONDUCT
5.1 Other than personally identifiable information, which is covered under our Privacy Policy (LINK), any material you transmit or post to the Website shall be considered non-confidential and non-proprietary. The Company shall have no obligations with respect to such material. The Company and its designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
5.2 These content standards apply to any and all material you upload to or post on the Website including the images and other content you upload as a result of creating or participating in any services, your comments in forums and online discussions and the content you include in your personal profile and your communications with other users and your use of the Website.
5.3 You are prohibited from posting or transmitting to or from the Website any material:
a. that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
b. that promotes sexually explicit material, violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; or
c. for which you have not obtained all necessary licences and/or approvals, or
d. which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
e. profane, obscene, lewd, slanderous, pornographic, abusive, violent, insulting, indecent, threatening and harassing language of any kind, including the use of **asterisks** to disguise such words; or
f. personal information (your name, phone number, home address, and password) with others on the Website who you do not know from contexts not related to the Company; or
g. copyrighted materials and/ or any form of advertising of other products and services not related to the Company; or
h. advanced fonts, java, tables, html, or other programming codes or commands; or
i. which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data; or
j. which is not in compliance with our Chat Etiquette rules (http://www.livebingo.com/bingoUniversity/chat_etiquette).
5.4 You may not misuse the Website (including, without limitation, by hacking).
5.5 Information disclosed in chat rooms becomes property of the Company and is revealed to the public. The Company is not responsible for any information you choose to disclose to others.
5.6 The Company shall fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of clause 5.1 or clause 5.4. The Company reserves the right to ban users who violate these standards, or who in any way abuse the community purpose of the chat areas.
5.7 The Company employs industry standard chat filter software to ensure a safe environment for users and brands, and manages user support and live moderation 24/7.
6. SERVICE ACCESS
6.1 While the Company endeavours to ensure that the Website is normally available 24 hours a day, the Company shall not be liable if for any reason the Website is unavailable at any time or for any period.
6.2 Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company's control. We will not be liable if for any reason the Website or any of our services are unavailable at any time or for any period.
7. DISCLAIMER
7.1 While the Company endeavours to ensure that the information on the Website is correct, the Company does not warrant the accuracy and completeness of the material on the Website. The Company may make changes to the material on the Website, or to the services and fees described in it, at any time without notice. The material on the Website may be out of date, and the Company makes no commitment to update such material.
7.2 The material on the Website is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Company provides you with the Website on the basis that the Company excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for the Terms, might have effect in relation to the Website.
7.3 The Company does not warrant or guarantee that any portion of the Website or the games will be free of infection by viruses, worms, Trojan horses or anything else manifesting, contaminating or destructive properties; or that access to the Website or games will be uninterrupted or error-free. No person affiliated, or claiming affiliation, with the Company has the authority to extend such warranties.
7.4 We do not claim that the information on any specific subject contained on our Website is accurate, comprehensive, verified, complete or error free. Commentary and other materials posted on our Website are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability (whether arising in contract, tort or otherwise) and responsibility arising from any reliance placed by any user on materials and information available through our Website.
8. LIMITATIONS OF LIABILITY
8.1 Your use of the Website is entirely at your sole risk. The Company, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of the Company's group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption (including but not limited to lost profits or lost savings), and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website.
8.2 Your sole and exclusive remedy for any breach of this agreement by the Company shall be a refund of any fees you paid for registration.
8.3 Nothing in the Terms shall exclude or limit the Company's liability for:
a. death or personal injury caused by negligence; or
b. fraud; or
c. misrepresentation as to a fundamental matter; or
d. any liability which cannot be excluded or limited under applicable law.
8.4 If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
8.5 In case of a malfunction or disruption of service for which the Company is responsible which prevents you from completing a game in which you have begun to participate, the Company will refund the entry fee charged for that unfinished game only. The Company reserves the right to determine, in its sole discretion, whether it is responsible for any such malfunction or disruption. The Company also reserves the right to limit your play or terminate your account should the Company determine, in its sole discretion, that you have intentionally caused such malfunction or disruption. The Company is not liable for any entry fee or potential winnings from any unfinished game.
8.6 Internet
a. If for any reason the Internet portion of the Website is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures, or any other causes beyond the control of the Company which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the products and services provided on the Website, the Company reserves the right, at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or postpone any products or services on the Website.
b. The Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line malfunction, theft or destruction or unauthorised access to, or alteration of, entries or transactions. The Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail entry or transaction to be received on account of technical problems or traffic congestion on the Internet or at any Web site, or any combination thereof, including any injury or damage to participant's or any other person's computer related to or resulting from participation or downloading any materials in this contest.
c. The Company assumes no liability for any losses related to the above outlined failures or caused by any disconnection from the products and/ or services on the Website. The majority of internet connections suit the Website’s requirements. However, in some cases, an internet connection may result in unwanted waiting time for all Customers. Therefore, it is agreed that if an internet connection should interfere with game flow, the Customer using this connection will be automatically disqualified.
8.7 You agree that the Company is not liable for any loss caused by any unauthorised use of your credit card or any other method of payment by a third party that has a connection with the Company. Any attempt to defraud the Company through the use of credit cards or other methods of payment, regardless of the outcome, or any failure by you to honour legitimate charges or requests for payment will result in instant termination of your account, and forfeiture of any funds you may have won or deposited to which you are otherwise entitled.
8.8 The Company may display and make accessible promotions, advertisements, and offers provided by third parties ("Third Party Promotions"). You understand and agree that the Company shall not be responsible and shall have no liability for any Third Party Promotion, and that you participate in or choose to click on a Third Party Promotion solely at your own risk. You agree that your sole remedy in connection with any Third Party Promotion will be with the third party offering the Third Party Promotion and that you shall have no remedy against the Company arising from your participation in, or inability to participate in, any Third Party Promotion.
8.9 The Company is not responsible for user-generated content on the Website.
8.10 You agree to indemnify us and hold us and our associated companies affiliates, officers, directors, agents and employees harmless from any liabilities, claims, losses or demands made by any third party arising out of your breach of these Terms including documents incorporated by reference into these Terms or out of your violation of any law or the rights of a third party.
8.11 You acknowledge that the Company and its subsidiaries will hold information with respect to your identity, including but not limited to your name, address and payment details. You agree that we rely on this information in entering into these Terms with you and you agree to hold us harmless against any falsehood or inaccuracy contained in the information you provide us.
9. SEVERABILITY
In the event that any provision of these Terms is deemed by any competent authority to be unenforceable or invalid, the relevant provision shall be modified to allow it to be enforced in line with the intention of the original text to the fullest extent permitted by applicable law. The validity and enforceability of the remaining provisions of these Terms shall not be affected.
10. DISPUTE RESOLUTION
10.1 In the event of a dispute arising between us and you, our customer service staff will attempt to reach an agreed resolution.
10.2 Should our customer staff not be able to reach an agreement with you, our senior management and/or Board of Directors may intervene to resolve any outstanding grievance.
10.3 You agree to follow and exhaust any grievance/ dispute policy the Company may put in place from time to time.
11. GOVERNING LAW AND JURISDICTION
The Company is subject to the laws and regulations of the Isle of Man and any dispute arising out of or relating to these Terms will be governed by the laws and the Courts of the Isle of Man.