Terms and Conditions
IMPORTANT - PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCEPTING THESE AGREEMENTS, THEN PRINT THESE TERMS AND CONDITIONS AND STORE THEM ALONG WITH ALL CONFIRMATION EMAILS, SMS MESSAGES, ADDITIONAL TERMS, TRANSACTION DATA, GAME RULES AND PAYMENT METHODS RELEVANT TO YOUR USE OF THE PLATFORMS AND/OR FACILITIES. WE WILL NOT FILE OUR CONTRACT WITH YOU SO PLEASE PRINT IT OUT FOR YOUR RECORDS. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE (AS SET OUT BELOW).
You accept to be bound by this contract by clicking on 'Submit' or 'I Agree' and/or by using the Facilities (as that term is hereinafter defined). After You (as that term is hereinafter defined) click on 'Submit' or 'I Agree' or when You use the Facilities, a legally binding agreement on these terms and conditions is concluded between, (a) You, the end user ('You') and (b) ElectraWorks Limited of Suite 6, Atlantic Suites, Europort Avenue, Gibraltar, a company registered in Gibraltar under company number 94014. ElectraWorks Limited is defined as 'We', 'Us' or 'Our' as appropriate.
ElectraWorks Limited is licensed by the Government of Gibraltar and regulated by the Gibraltar Gambling Commissioner under the Gambling Act 2005 for purposes of operating online casino games and online fixed odds betting. ElectraWorks Limited is also licensed and regulated by the UK Gambling Commission under the Gambling (Licensing and Advertising) Act 2014. To the extent that You are located outside England, Wales, Scotland or Northern Ireland whilst You use the Facilities, We shall be deemed to be regulated by the Gibraltar Gambling Commission; to the extent that You are located in England, Wales, Scotland or Northern Ireland whilst You use the Facilities (a "UK Player"), We shall be deemed to be regulated by the UK Gambling Commission.
We provide services on FoxyGames and any other online or mobile platform provided by Us (each individual site being a 'Platform') on which You access Our betting, gaming and wagering services, including but not limited to the Gaming Services, as defined below using Your Account ('Services').
The Facilities and interactive features (including certain games) may vary according to the Platform You are using to access them from. For example, Gift Certificates cannot be accessed via the Facebook Platform.
In the event that You have any complaints, claims or disputes with regard to any outcome regarding the Facilities or any other activity performed by Us, You should in the first instance contact Us in accordance with Section 21 below.
These Terms and Conditions together with the Privacy Notice, the News and Promotions section (Casino), the How to Play/Getting Started sections (Casino, and Game Rules (Casino) sections, the Frequently Asked Questions, all additional game rules, the Disconnection and Cancellation Policy (Casino), Standard Promotional Terms and Conditions, the Gift Certificate Terms, the Third Party Content Policy, the Loyalty/Reward Plan, the ID Verification Policy (for UK Players) and any other additional rules and terms published on the Platforms or otherwise notified to You that specifically relate to and govern any particular event, game, software, promotion or tournament constitute a legally binding agreement between You and Us ('Agreements'). You should read all of these documents carefully as each one forms part of the legally binding agreement between You and Us.
IF THESE AGREEMENTS ARE TRANSLATED INTO ANOTHER LANGUAGE, THE ENGLISH LANGUAGE VERSION WILL PREVAIL IN THE EVENT OF ANY CONFLICT BETWEEN THE TRANSLATION AND THE ENGLISH LANGUAGE VERSION.
Please note that these Terms and Conditions shall prevail in the event of any conflict between these Terms and Conditions and any of the game rules or other documents referred to in these Terms and Conditions. By clicking on 'Submit' or 'I Agree' and accepting these Terms and Conditions, You are also acknowledging and accepting these Agreements. Access to and use of Our Facilities are governed by these Agreements. If You have any questions about these Agreements, We would encourage You to seek independent legal advice. Your attention is drawn to Our Privacy Notice which describes how We deal with and protect Your personal information..
The gaming services are the services provided by Us via the following Platforms: Foxy Games and any other gaming platforms provided by Us from time to time (together the 'Gaming Services').If You are using or intending to use the Gaming Facilities You must do so in accordance with Section 27 of these Terms and Conditions which applies specifically to the Gaming Facilities.
APPLICABILITY OF AGREEMENTS
By acknowledging that You have read these Agreements when You register to join and/or by clicking on the 'Submit' or 'I Agree' button when You access or install any of the software relating to the Facilities provided via the Platforms or when You register for or access Your Account, You agree to comply with these Agreements, and You acknowledge that Your failure to comply with these Agreements may result in disqualification, the closure of Your Account (hereafter as defined in Section 3 below), forfeiture of funds and/or legal action against You, as appropriate and as further specified in these Agreements. You acknowledge that if You accept these Agreements, We will start providing You with the benefit of the Facilities immediately. As a consequence of this, if You accept these Agreements when registering for Our Facilities, You will not later be able to cancel Your registration, although You can terminate Your Account in accordance with Section 17 below.
LEGALITY OF USE OF THE FACILITIES
You may only use the Services if You are 18 years of age or over (or such other higher minimum legal age in Your jurisdiction) and it is legal for You to do so according to the laws that apply in Your jurisdiction. You confirm that You are not accessing Our Services from the United States, Poland or the German Federal States of Saxony, Baden Württemberg or Hesse or any territory where it is not legal to participate in on-line gaming at the time of placing a bet or participating in a game. You further confirm that you are not accessing any lottery games from Portugal. We reserve the right to ask for proof of age from You and Your Account may be suspended until satisfactory proof of age is provided. You understand and accept that We are unable to provide You with any legal advice or assurances and that it is Your sole responsibility to ensure that at all times You comply with the laws that govern You and that You have the complete legal right to use the Facilities. You acknowledge that underage gambling is not acceptable, depending on whether you are a UK Player, we may refer any attempts to do so to the Gibraltar Gambling Commissioner (if you are not a UK Player at the time of use of the Facilities) or to the UK Gambling Commission (if you are a UK Player who has allowed underage gambling to occur at the time of use of the Facilities) who may refer the matter to local prosecution authorities. Without limitation to the above, access to Our Facilities may be restricted from certain territories. Any use of the Facilities is at Your sole option, discretion and risk. By using the Facilities, You acknowledge that You do not find the Facilities to be offensive, objectionable, unfair, or indecent in any way.
UK Players will only be able to deposit funds and use the Facilities after we have successfully verified Your identity details. To complete the verification procedures UK Players may be required to provide a copy of an identification document and a proof of address as prompted during the registration process. We reserve the right to request further documents from UK Players in order to confirm an individual’s identity in accordance with UK legal and regulatory obligations. UK Players whose identities have not been successfully verified will not be able to use our Facilities. We may request copies of identity documents and proofs of address from any non-UK Player at any time and We reserve the right to void any transactions You make until We are able to verify Your identity details. If We are unable to satisfactorily verify Your identity within a reasonable time-period, where the period of time shall be determined by Us at Our sole discretion, We reserve the right to either suspend or close Your Account and we may withhold the account balance in Your Account until Our verification process is completed satisfactorily.
In the case of UK Players if, on completion of Our verification checks You are shown to be underage, You will not be permitted to register to use our Facilities. If, on completion of Our verification checks, You are a non-UK Player and You are shown to be underage, We reserve the right to void all transactions made whilst You were underage. We reserve the right to close any underage non-UK Player Account. We reserve the right to inform the Gibraltar Gambling Commissioner or the UK Gambling Commission, depending on Your location at the time during which you received the Facilities.
We reserve the right to restrict access to any UK Player’s account whilst we undergo our verification checks, during which time, subject to our legal and/or regulatory obligations, an affected UK Player may only withdraw any remaining balances deposited in their Accounts together with any associated winnings (including winnings from bonuses where relevant conditions have been met).
3.1. To use the Facilities, You will first need to register for an account with Us. You may access any of Our Facilities from Your Account (as defined below).
3.2. You can open an account with Us by choosing a unique account name and password and entering other information that We ask for on Our registration form such as (but not limited to) Your first and last name, address, email, gender, birth date and telephone number (an 'Account'). You shall ensure that the details provided at registration and thereafter are accurate and kept up to date. You may be able to change some (but not all) of the details You provide at registration by editing Your Account preferences or by contacting Us. Please see Our Privacy Notice for further details. Alternatively, You can contact Us for further information.
3.3. You may also be asked to choose a preferred currency for Your Account from the currencies available from time to time ('Account Currency'). Please note that once You have chosen, You will not be able to change Your Account Currency more than once without Our approval (which may be withheld or delayed in Our sole discretion). Should You wish to change Your Account Currency more than once, please contact Customer Facilities. Any Account Currency changes will be made on the terms and at the Exchange Rates offered by Us at the time of conversion. Please see Currency Converter and Frequently Asked Questions for further details.
3.4. There are no set-up charges for opening Your Account. We are not a bank and funds are not insured by any government agency. All payments to and from Your Account must be paid in the currencies available on the Facilities from time to time and shall not bear interest and You shall ensure that all payments into Your Account are from a payment source for which You are the named account holder. If You are making a deposit to or withdrawal from Your Account in a currency other than Your Account Currency, such deposit and/or withdrawal will be made at the Exchange Rates offered by Us at the time of such deposit or withdrawal and may be subject to a small conversion fee. Please see Currency Converter and Frequently Asked Questions for further details.
3.5. We are required to notify UK Players that the level of protection afforded to their funds is described in the Disclosure Statement. Please note that UK Players will be required to acknowledge receipt of the Disclosure Statement and We will not permit UK Players to utilise any of their funds deposited for gambling until they have each done so, on each of the following occasions:
(i) if a UK Player has not previously deposited funds with Us, on the first occasion on which that UK Player deposits funds,
(ii) if a UK Player has previously deposited funds with Us, on the next single occasion on which that UK Player deposit funds with Us; and
(iii) on the occasion of any subsequent deposit by a UK Player, which is the first since a change in Our Disclosure Statement. Customer funds are kept in accounts separate from business accounts; and arrangements have been made to ensure assets in the customer accounts are distributed to customers in the event of insolvency. This meets the Gambling Commission’s requirements for the segregation of customer funds at the level: medium segregation.
3.6. To play Real Money Games or place a bet, You will be required to pay 'real money' funds into Your Account by any of the methods specified from time to time by Us. Such funds will be deposited into Your Account upon actual receipt of funds by Us and/or Our agents. Minimum and/or maximum limits may be applied to the payments into Your Account, depending upon Your history with Us, in accordance with a request made by You, the method of deposit, and other factors as determined solely by Us. For further details of current deposit and withdrawal options and fees please see Cashier. As from 14 April 2020, We will no longer accept deposits using credit cards from customers in the United Kingdom whether directly, or indirectly via an electronic service provider or eWallet.
3.7. You can request withdrawals from Your Account at any time provided all payments made have been received. We reserve the right to pay any requested withdrawal partly or in total via the same method of payment and in the same currency with which deposits were made.
3.8. To use certain Facilities You may first need to download and install software as provided on the relevant Platform.
3.9. We are unable to guarantee the continued availability of any particular currency. In the unlikely event that it becomes necessary for Us to stop supporting a particular currency and Your Account Currency becomes unavailable, We reserve the right to require You to convert Your Account Currency into a preferred available alternative at the Exchange Rates offered by Us at the time of conversion.
TRUE IDENTITY AND ONE ACCOUNT
The name on Your Account must match Your true and legal name and identity and the name on Your Account registration must match the name on the credit card(s) or other payment accounts used to deposit or receive monies into Your Account. Without derogating from the aforementioned, should you use credit card(s) or other payment accounts which are not in Your true and legal name and identity to deposit or receive monies into Your Account, we will presume that you have received complete and sufficient consent from the rightful owner and/or the named person on such credit card(s) or other payment account(s). We shall not be obligated in any manner to examine such consent and shall bear no responsibility with respect to your representations under these Terms and Conditions. To verify Your identity, We reserve the right to request satisfactory proof of identity (including but not limited to copies of a valid passport/identity card and/or any payment cards used) and satisfactory proof of address (including but not limited to a recent utility bill or bank statement) at any time. Failure to supply such documentation may result in suspension or closure of Your Account and We may withhold the account balance in Your Account until You supply such documentation and our verification process is completed satisfactorily. You may not hold more than one (1) Account in connection with Your use of the Platforms. If You have more than one (1) Account or Accounts in different names, then You must contact Us immediately to have Your Accounts managed so that You only have one (1) Account. We reserve the right to close Your Account(s) if You open multiple Accounts. Should We have reasonable grounds to believe that multiple Accounts have been opened with the intention to defraud Us, We reserve the right to cancel any transaction related to said fraud attempt. If You have lost Your Account name or password, please contact Us for a replacement.
NO GROUP EMPLOYEES, AFFILIATES, BOOKMAKERS OR SPORTS PARTICIPANTS
If You are (i) an officer, director, employee, consultant or agent of GVC Holdings PLC or one of its direct or indirect subsidiaries (the 'Group'); (ii) a supplier or vendor of the Group, You are not permitted to register for an Account with Us or to use directly or indirectly any of the Services (each an 'Unauthorised Person'), other than in the course of Your employment as a Group employee. Similarly, relatives of Unauthorised Persons are not permitted to register with Us or to use directly or indirectly any of the Facilities. For these purposes, the term 'relative' shall include (but not be limited to) any of a spouse, partner, parent, child or sibling.
YOUR USE OF THE FACILITIES
6.1. In the interests of ensuring fairness, We may take any measures as we deem appropriate in order to create a fair and balanced game play environment.
6.2. Without prejudice to any of Your current and pending transactions involving Facilities, we reserve the right to suspend, modify, remove and/or add to any of the Facilities in its sole discretion by notification to You by email with immediate effect and, to the extent permitted by law, We will not be liable for any such action.
6.3. We forbid the use of all unfair practices when using the Facilities. We do this to protect Our customers and the integrity of the Facilities. Please read Our Unfair Advantage Policy which is incorporated in these Agreements for further details and Our Anti-Cheating Policy at section 27.4. If any customer is found to be participating in any form of collusion or other activities that We consider to constitute cheating his or her account may be permanently closed and any balance may be at risk of forfeiture or withholding as per section 15 of these terms and conditions.
6.4. We forbid the posting of any prohibited Third Party Content (as that term is hereinafter defined) on Our Platforms. Please read Our Third Party Content Policy which is incorporated in these Agreements for further details.
6.5. We reserve the right to suspend Your use of certain of our Facilities, Platforms or any games on our Platforms from time to time.
6.6. No communications or information published on the Facilities is intended to constitute legal or tax advice and we accept no liability for any reliance on such content.
6.7. For the purpose of any reference to time in connection with your use of the Facilities, We use the timezone GMT+1 unless otherwise specified.
6.8. Your use of the Facilities is for Your personal use only. You may not use the Facilities for any commercial purpose.
6.9. We take Responsible Gaming seriously. If (i) You have been diagnosed with a gambling disorder or (ii) You are undergoing treatment for a gambling disorder, You are not allowed to use our Facilities. If You feel You have lost or may lose control over Your gambling or gambling expenses or feel at risk of losing control, You must notify Us immediately. Please also see the responsible gaming function available on Your Account, via the Account, My Details, Responsible Gaming section of Your Account or by clicking here.
COPYRIGHT AND TRADEMARKS
The terms GVC Holdings PLC, Foxy Games and any other marks used by the Group are the trade marks, service marks and/or trade names of the Group or one of its subsidiaries or associated companies or its licensors. Further, all other material used by Group, including but not limited to the software, images, pictures, graphics, photographs, animations, videos, music, audio, text (and any intellectual property rights in and to any of the same) is owned by the Group or one of its subsidiaries or associated group companies and/or licensors and is protected by copyright and/or other intellectual property rights. You obtain no rights in such copyright material or trade or service marks and must not use them without the Group's written permission.
ELECTRONIC FACILITIES PROVIDER
In order to use the Facilities, You will be required to send money to and may be required to receive money from Us. We may use third-party electronic payment processors and/or financial institutions ('ESPs') to process such financial transactions. You irrevocably authorise Us, as necessary, to instruct such ESPs to handle Account deposits and withdrawals from Your Account and You irrevocably agree that We may give such instructions on Your behalf in accordance with Your requests as submitted using the relevant feature on Our Platforms. You agree to be bound by the terms and conditions of use of each applicable ESP. In the event of conflict between these Agreements and the ESP's terms and conditions then these Agreements shall prevail.
We may from time to time offer You complimentary or bonus amounts to be credited by Us into Your Account ('Bonus(es)'). Such Bonuses may only be used in relation to such Facilities as may be specified when the Bonus is offered to You. Acceptance of any Bonus shall be in accordance with additional terms and conditions We may make available to You in respect of each such Bonus offering and, if none, then in accordance with the Standard Promotional Terms and Conditions and bonus release restrictions contained in the relevant offer. Offers may be used only ONCE unless otherwise specified. You are not entitled to withdraw any Bonus amounts and You may not remove any cash obtained via a Bonus from Your Account without first complying with the applicable terms including, without limitation, in respect of any qualifiers or restrictions.
10.1. Your account balance is the amount of real money paid into Your Account (by You or by Us), plus any winnings (including bonuses which have not met the applicable wagering restrictions) and/or minus any losses accrued from using the Facilities, less any rakes or entry or other fees, if applicable, and less any amounts previously withdrawn by You or amounts forfeited or reclaimed by Us due to any known or suspected fraud or due to deposits or other transactions rejected or cancelled by Your bank or any relevant third-party bank (whether as a result of insufficient funds, charge-backs or otherwise) or any sums which are otherwise deductible or forfeited under these Agreements ('Account Balance').
10.2. Acceptance of a withdrawal request is subject to You having made and sufficiently wagered a non-restricted bonus or real-money deposit in Your Account, accrued winnings, any deposit method restrictions, bonus restrictions and/or Security Reviews (see Section 15 below) and any other terms of these Agreements. All amounts You withdraw are subject to the transaction limits and withdrawal methods that We notify You of before cashing out. For further details of current deposit and withdrawal options and fees please see Cashier.
10.3. We may report and withhold any amount from Your winnings in order to comply with any applicable law. All taxes due in connection with any winnings awarded to You are Your sole liability. Account balances cannot be transferred, substituted or redeemed for any other prize. As We operate a ‘Closed Loop System’ for withdrawals to protect both Us and our customers from card theft and fraud, occasionally your withdrawal may be split across multiple payment methods when system security rules require funds to be returned to the payment method(s) used to deposit. We reserve the right to process withdrawals back to the payment method(s) used to make your deposit, up to the total amount deposited, before other withdrawal options are enabled. The applicable payment method(s) is/are selected at our sole discretion, and may include but is not limited to credit/debit cards.
10.4. Payments will be made as soon as reasonably possible (subject to up to two business days internal processing time), although there may be delays due to any Security Review (see Section 16 below) undertaken by Us and save where We hold any such payments in accordance with these Agreements.
10.5. All Payments made by bank transfer in EUR within the SEPA region will be processed in accordance with the SEPA criteria. This means that both the remitter and the receiver will be charged regular domestic fees for the transaction by their respective banks, even if the transfer takes place between two different countries within the SEPA region.
THIRD PARTY CONTENT
11.1. Abusive or offensive language will not be tolerated on Our chat boards, or otherwise by You on the Platforms or with Group staff. In addition, You are not entitled to make untrue and/or malicious and/or damaging comments with regard to the Group's operation in any media or forum.
11.2. In accordance with the terms of Our Third Party Content policy, We may reject or delete any text, files, images, photos, video, sounds, or any other materials ('Third Party Content') posted by You on the Platforms which in Our sole opinion breaches the terms of these Agreements.
11.3. Any violation of this policy may result in removal of the Third Party Content, a suspension of Your use of the Facilities and/or such other action as may be reasonably required by Us to ensure compliance.
DISCLOSURE OF ACCOUNT NAME AND PASSWORD
The Account name and password selected when You register for an Account should not be disclosed to any third party. You are solely responsible for the security of Your Account name and password.
You agree to keep Your Account name and password secret and confidential and not to allow anyone else to use it. Every person who identifies themselves by entering a correct username and password is assumed by Us to be the rightful Account holder and all transactions where the username and password have been entered correctly will be regarded as valid. In no event will We be liable for any loss You suffer as a result of any unauthorised use or misuse of Your login details. We shall not be required to maintain Account names or passwords. If You have lost Your Account name, username or password, please contact Us for a replacement. If You misplace, forget, or lose Your Account name, username or password as a result of anything other than Our error, We shall not be liable to the extent permitted by law.
FRAUDULENT ACTIVITIES, PROHIBITED TRANSACTIONS AND FAILED DEPOSITS
We have a zero tolerance policy towards inappropriate play and fraudulent activity. If, in Our sole determination, You are found to have cheated or attempted to defraud Us and/or the Group or any other user of any of the Facilities in any way, including but not limited to game manipulation or payment fraud, card counting, manipulation of the multi-currency facilities, betting on all possible outcomes of a game or event or if We suspect You of fraudulent payment, including use of stolen credit cards, use of funds sourced through illegal activity or any other fraudulent activity (including but not limited to any chargeback or other reversal of a payment) or prohibited transaction (including but not limited to money laundering) or if Your deposits failed to be honoured by Your bank for any reason, We reserve the right to suspend and/or close Your Account and recover bad debts using whichever method may lawfully be available to Us including, but not limited to, (i) debiting the amount owed by You from Your Account; and (ii) instructing third party collections agencies to collect the debt. This may have a detrimental impact on Your credit rating and will require Us to share Your personal information (including Your identity) with appropriate agencies and to report any criminal or suspicious activities to the appropriate authorities.
We reserve the right to void and withhold any or all winnings made by any person or group of persons and to void and withhold any Standard Player Points gained by any person or group of persons where We have reasonable grounds to believe that said person or group of persons is acting or has acted in liaison in an attempt to defraud or damage Us and/or the Group and/or the Facilities and/or the Platforms in any way.
In the interests of data protection, security and avoidance of fraud We do not permit use of any communication channels included within the Facilities and/or the Platforms (including but not limited to dealer table chat boards) to offer or promote any offers, products and facilities (whether Yours or a third party's). You are expressly prohibited from posting information or contacting Our customers to offer or promote any offers, products or facilities.
14.1 You must inform Us as soon as You become aware of any errors with respect to Your Account or any calculations with respect to any bet or wager You have placed or any currency conversion. In the event of such error or any system failure or game error (a divergence from the normal functioning of the game logic for whatever reason) that results in an error in any odds calculation, charges, fees, rake, bonuses or payout, or any currency conversion as applicable, ('Error') We will seek to place all parties directly affected by such Error in the position they were in before the Error occurred. Any mistakes in odds displayed in a third party odds comparison website as a result of a technical error shall be considered an Error. The burden of proof of technical fault or error is with Us. You must not knowingly take advantage of a technical or administrative error when making and/or receiving payments.
14.2 We reserve the right to declare null and void any wagers or bets that were the subject of any such Error and to take any money from (or add any money to) Your Account relating to the relevant bets or wagers, to put You and Us in the position we would have been if the Error had not occurred. If there are insufficient funds in Your Account to do that, We may demand that You pay Us the relevant outstanding amount relating to the applicable bets or wagers. If we determine (acting reasonably) that You have knowingly taken advantage of an Error to gain an unfair advantage in breach of Section 14.1, We reserve the right to consider this activity to be subject to Section 16 (Forfeiture & Account Closure) of these Terms and Conditions.
To maintain a high level of security and integrity in the system and to comply with our legal and regulatory obligations, We reserve the right to conduct a security review at any time to validate Your identity, age, source or ownership of funds, the registration data provided by You, to verify Your use of the Facilities, including but not limited to Your compliance with these Agreements and the policies of the Group and Your financial transactions carried out via the Facilities for potential breach of these Agreements and of applicable law (a 'Security Review'). As such You authorize Us and Our agents to make any inquiries of You and for Us to use and disclose to any third party We consider necessary to validate the information You provide to Us or should provide to Us in accordance with these Agreements, including but not limited to, ordering a credit report, requesting copies of your bank or card statements and/or otherwise verifying the information against third party databases and to raise queries regarding the source or ownership of any funds placed on deposit or withdrawal. In addition, to facilitate these Security Reviews, You agree to provide such information or documentation as We, may reasonably request.
FORFEITURE & ACCOUNT CLOSURE
16.1. WE RESERVE THE RIGHT, IN OUR UNFETTERED DISCRETION AND IN RELATION TO YOUR ACCOUNT, ANY RELATED ESP (as that term is defined at clause 8) ACCOUNT, ANY ACCOUNTS YOU MAY HAVE WITH OTHER SITES AND/OR CASINOS AND/OR FACILITIES OWNED OR OPERATED BY OR ON BEHALF OF THE GROUP AND, IN THE CASE OF YOUR USE OF THE GAMING FACILITIES, ANY FACILITIES THAT SHARE THE SHARED GAME/TABLE PLATFORM, TO TERMINATE THESE AGREEMENTS, WITHHOLD YOUR ACCOUNT BALANCE, SUSPEND YOUR ACCOUNT, AND RECOVER FROM SUCH ACCOUNT THE AMOUNT OF ANY AFFECTED PAY-OUTS, BONUSES AND WINNINGS IF:
16.1.1. You are in material breach of any of these Agreements;
16.1.2. We become aware that You have used or attempted to use the Facilities for the purposes of fraud, collusion (including in relation to charge-backs) or unlawful or improper activity (including without limitation, any manipulation of the multi-currency facilities);
16.1.3. We become aware that You have played at any other online gaming site or facilities and are suspected of fraud, collusion (including in relation to charge-backs) or unlawful or improper activity;
16.1.4. You have 'charged back' or denied any of the purchases or deposits that You made to Your Account; or
16.1.5. You become bankrupt or are subject to analogous proceedings anywhere in the world.
TERMINATION & FACILITY CLOSURE
17.1. You are entitled to close Your Account and terminate these Agreements on seven (7) days’ notice to Us by withdrawing the entire balance from Your Account and sending a letter or email or telephoning Us using the details at 'contact Us'. We will respond within a reasonable time provided that You continue to assume responsibility for all activity on Your Account until such closure has been affected by Us.
17.2. We take Responsible Gaming seriously. If You would like Us to close Your Account for responsible gaming reasons please email email@example.com and We will endeavour to close Your Account as soon as reasonably possible.
17.3. Without limitation to section 16, We are entitled to terminate these Agreements on seven (7) days notice (or attempted notice) to You at the email address You have provided to Us. In the event of termination by Us, We shall give notice of the termination to You via email and, other than where termination is pursuant to section 16, as soon as reasonably practicable refund the balance of Your Account. Where We have terminated pursuant to section 16, any payouts, bonuses and winnings in Your Account are non-refundable and deemed forfeited.
17.4. Termination of these Agreements will not affect any outstanding wagers or bets, PROVIDED that any outstanding wagers or bets are valid and are not in breach of these Agreements in any way.
17.5. The following Sections of these Terms and Conditions shall survive any termination of these Agreements by either party: 13, 16, 17, 18, 20, 21, 22, 23 and 24, along with any other Sections which are required for the purposes of interpretation.
YOU AGREE THAT YOU WILL ONLY USE THE FACILITIES IN ACCORDANCE WITH THE TERMS AND CONDITIONS SET OUT IN THE AGREEMENTS. YOU WILL COMPENSATE US IN FULL FOR ANY LOSSES OR COSTS (INCLUDING REASONABLE LEGAL FEES) WHICH WE (OR ANY MEMBER OF OUR GROUP) INCUR AND ARISE FROM ANY BREACH BY YOU OF THESE AGREEMENTS.
19.1 We provide a self-exclusion facility to help you if you feel that your gambling is out of control and you want Our assistance to help you stop. Upon Your request, You can make a request for a temporary cool off, self-exclusion or indefinite self-exclusion on foxycasino.com only or on the Platforms provided by Our Group by using the responsible gaming function available on Your Account, via the Account, My Details, Responsible Gaming section of Your Account or by clicking here. If you opt to use any of the cool off or self-exclusion tool in connection with Your Account, the Inactive Account Fee will not be deducted from Your Account and the account balance (less any bonuses) in Your Account will be returned to you, subject to the terms of this Agreement. We reserve the right to take any of the above measures ourselves in respect of your Account in Our sole discretion.
19.2 Our self-exclusion services involves a joint commitment from Us and You. We will take reasonable steps to prevent you re-opening your Account or opening a new Account. However, during the period of your exclusion, you must not attempt to re-open Your Account or try to open a new Account. If You have elected to use any of the self-exclusion tools in connection with foxygames.com or with respect to the Platforms provided by any Group company from time to time, You acknowledge and agree that, unless otherwise requested in writing by You, You are not permitted to open or use an Account on foxygames.com or with any other Group company ('Additional Group Account') during the self-exclusion period You have selected. In the event that you have managed to open or use an Account with any of the Platforms provided by any Group company while you have elected to self-exclude, We will take all reasonable measures to prevent You from wagering any real money gameplay across our services within 48 hours. In the event that we are able to link Accounts opened on a Platform provided by any Group company to self-excluded individuals, We shall take all reasonable steps to prevent access to that Account within 48 hours of becoming aware.
19.3 In the event of a breach by You of 19.2 above, We and/or any Group company shall additionally be entitled (but not obliged) to suspend any funds You may deposit (or have previously deposited) in any Additional Group Account.
19.4 For the avoidance of doubt, in the event of a breach by You of 19.2 above, neither We nor any Group company shall be liable to refund to You any funds You may wager in any Additional Group Account during the self-exclusion period You have selected.
19.5 Customers based in the United Kingdom may use the online “GAMSTOP” Self-Exclusion Service.
19.5.1 In addition to our own internal self-exclusion facility detailed in this section 20, we are registered with the self-exclusion service provided by The National Online Self Exclusion Scheme Limited (“GAMSTOP”). Successfully registering with the GAMSTOP self-exclusion service will prevent you from accessing all online gambling websites and apps run by companies licensed as members of the service. You can find out more details about the GAMSTOP self-exclusion service by visiting www.gamstop.co.uk.
19.5.2 In circumstances where You successfully register to use the GAMSTOP self-exclusion service, We will take all reasonable steps, whilst Your self-exclusion is “active”, to prevent You from accessing Your online accounts, or opening new online accounts, using our online gambling website and apps.
19.5.3 We are only able to operate self-exclusion under the GAMSTOP self-exclusion service on the basis of information You provide to GAMSTOP as part of Your registration to use the GAMSTOP self-exclusion service. We will not be responsible for any failure on Our part to spot any errors made by You or GAMSTOP when providing this information.
19.5.4 You are reminded that it is in Your interests to provide GAMSTOP with truthful and accurate details, consistent with those which You use/have used to set up any online accounts with Us. It is Your responsibility to keep the information provided to GAMSTOP up to date. We will not be responsible for You failing to keep this information up to date.
19.5.5 The GAMSTOP self-exclusion service will only prevent You from accessing those online accounts that match the details You have provided to GAMSTOP as part of Your self-exclusion application. Similarly, the GAMSTOP self-exclusion service will only prevent You from opening new online accounts where the personal information You provide to Us matches the details You have provided to GAMSTOP as part of Your self-exclusion application. We will not therefore be responsible for failing to prevent access to Your online accounts or prohibiting the opening of new online accounts, in circumstances where inaccurate, inconsistent and/or incomplete information is provided to Us and/or GAMSTOP.
19.5.7 To ensure that You get the full benefit of the self-exclusion facility available under the GAMSTOP self-exclusion service, You are advised to also contact the online gambling operators You use to confirm that Your application to register with the GAMSTOP self-exclusion service has been successful. You can do this by Contacting Us.
19.5.8 When contacting Us to confirm that Your application to register with the GAMSTOP self-exclusion service has been successful, please confirm the following information (You are reminded that the information You provide to Us and GAMSTOP must be accurate, consistent and complete to ensure You can fully benefit from the GAMSTOP self-exclusion service):
22.214.171.124 online account username;
126.96.36.199 address; and
188.8.131.52 date of birth.
19.5.9 After expiry of the minimum exclusion period agreed between You and GAMSTOP, You will be required to contact GAMSTOP direct to arrange for Your self-exclusion to be deactivated. Whilst GAMSTOP make every effort to deactivate Your self-exclusion as soon as possible, this cannot be guaranteed. Please note that We cannot process deactivation on Your behalf. All requests to GAMSTOP for deactivation of Your self-exclusion will also be subject to a 24 hour “cooling-off” period. Once Your self-exclusion has been successfully deactivated, You will be able to access Your online accounts/open new online accounts with Us. In circumstances where You do not contact GAMSTOP to deactivate Your self-exclusion after the period of exclusion You have agreed with GAMSTOP expires, Your self-exclusion will continue for a further 7 years, after which the self-exclusion will be deactivated.
19.5.11 Having implemented reasonable checks and safeguards to ensure that whilst You are self-excluded under the GAMSTOP self-exclusion service You cannot access an existing online account or open a new online account with Us, We cannot be held liable to You or any third party if You are able to continue to gamble using Our online gambling website and/or apps (this will also include opening/accessing accounts in-shop in circumstances where these are linked to Your online accounts).
19.5.12 In addition, in no circumstances will We be liable to You or any third party if You are able to access Your online accounts or open new online accounts during a period of self-exclusion under the GAMSTOP self-exclusion service for reasons outside of Our reasonable control. This will include circumstances where the operating systems utilised by GAMSTOP fail to properly and/or instantaneously identify You and/or Your online accounts as subject to self-exclusion when You attempt to use Our online gambling website and/or apps.
LIMITATIONS AND EXCLUSIONS
20.1. YOUR ACCESS TO THE PLATFORMS, DOWNLOAD OF ANY SOFTWARE RELATING TO THE FACILITIES FROM THE PLATFORMS AND USE OF THE FACILITIES OR ANY INFORMATION WE MAY PROVIDE IN CONNECTION WITH YOUR USE OF THE FACILITIES IS AT YOUR SOLE OPTION, DISCRETION AND RISK.20.2. TO THE EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR (I) ANY MALFUNCTIONS OF THE COMPUTER PROGRAMS RELATING TO THE FACILITIES WE MAKE AVAILABLE FROM THE PLATFORMS, (II) ERRORS AS DESCRIBED IN SECTION 14, (III) BUGS OR VIRUSES RESULTING IN LOST DATA OR (IV) ANY OTHER DAMAGE TO YOUR COMPUTER EQUIPMENT, MOBILE PHONE OR MOBILE DEVICE, OR SOFTWARE.20.3. FURTHERMORE, WE SHALL NOT BE LIABLE FOR ANY ATTEMPTS BY YOU TO USE THE FACILITIES BY METHODS, MEANS OR WAYS NOT INTENDED BY US. WE ARE NOT REQUIRED TO PROVIDE REDUNDANT OR BACKUP NETWORKS AND/OR SYSTEMS.20.4. WE WILL PROVIDE THE FACILITIES WITH REASONABLE SKILL AND CARE AND SUBSTANTIALLY AS DESCRIBED IN THE AGREEMENTS. WE DO NOT MAKE ANY OTHER PROMISES OR WARRANTIES ABOUT THE FACILITIES.20.5. OUR MAXIMUM LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF THESE AGREEMENTS OR YOUR USE OF THE FACILITIES OR THE COMPUTER PROGRAMS RELATING TO THE FACILITIES WE MAKE AVAILABLE FROM THE PLATFORMS, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL BE LIMITED IN ANY TWELVE (12) MONTH PERIOD TO THE AMOUNT, IF ANY, YOU HAVE PAID FROM YOUR ACCOUNT IN BETS, RAKES AND/OR FEES, AS APPLICABLE, IN THE SAME TWELVE (12) MONTH PERIOD AND IN RELATION TO THE FACILITY RELEVANT TO WHICH THE LIABILITY IN QUESTION HAS ARISEN.20.6. THE GROUP (INCLUDING ITS OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES) WILL NOT BE LIABLE TO YOU IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR ANY INDIRECT LOSSES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, PROFITS, REVENUE, BUSINESS, OPPORTUNITY, GOODWILL, REPUTATION OR BUSINESS INTERRUPTION OR FOR ANY LOSSES WHICH ARE NOT CURRENTLY FORESEEABLE BY THE GROUP ARISING OUT OF THESE AGREEMENTS OR YOUR USE OF THE FACILITIES.20.7. NOTHING IN THESE AGREEMENTS WILL OPERATE SO AS TO EXCLUDE ANY LIABILITY WE MAY HAVE IN RESPECT OF EITHER FRAUD, OR DEATH, OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE.20.8. IF ANY PART OF THE AGREEMENTS ARE DEEMED UNLAWFUL, VOID OR FOR ANY REASON UNENFORCEABLE, THEN THAT PART SHALL BE DEEMED TO BE SEVERABLE FROM THE REST OF THE AGREMENTS AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF THE REMAINING PROVISIONS.
21.1 If You have any complaints about any aspect of Our conduct of the Facilities, You must submit Your complaint to Us as soon as is reasonably practicable following the date of the original incident to which the complaint refers by contacting Customer Support in the first instance. Complaints may not be raised via social media. It is Your responsibility to provide a complete summary of Your complaint with all relevant details, including but not limited to specific transaction details; exact date, time and time zone; any screenshot or video material you may have; copy of received promotional material; etc.
21.2. To the extent that you are dissatisfied with the resolution provided by Customer Support to your complaint within the process stipulated in 21.1. above you may submit your complaint in writing to firstname.lastname@example.org. You may also submit notices to Us in writing to: Customer Services Manager, Suite 6 Atlantic Suites, Europort Avenue, Gibraltar. Any notice We give to You (save as otherwise set out herein) will be sent to the email address that You provide when You register Your Account. It is Your responsibility to give Us notice of any changes to this address through the 'Change Email' facility in Our software and to regularly check Your email account for emails from Us.
21.2.1. If You are a UK player at the time of receipt of the Facilities:
(i) You should receive an acknowledgement of the receipt of your complaint within 24 hours from the time we have received your complaint as set out above. The final position will be provided via email within eight weeks from the time it was received, unless You fail to engage with the complaints process in a timely manner. In the event that more information is required from You, this period would be paused until such time that You provide it, at which point the process would continue from where it had previously stopped.
(ii) Our complaints process ends if Your complaint remains unresolved eight weeks (taking into account any pauses for You to provide information) after We received it, or we reach a deadlock or final position in less than eight weeks. We will then write You a final response email on the matter.
21.3. To the extent that You are not satisfied with Our final response through the complaints procedure stipulated above You may contact our alternative dispute resolution (ADR) provider, eCogra (if you are an EU citizen). eCOGRA is a dispute resolution service provider who we have appointed as an independent entity to offer alternative dispute resolution facilities for disputes (namely any complaint which relates to the outcome of a complainant's gambling transaction and is not resolved by Our complaints procedure stipulated above). The ADR service is free of charge. Please note that eCOGRA may reject complaints referred for dispute resolution on the basis they are frivolous or vexatious.
(i) If You are a UK player at the time of receipt of the Facilities:
a) file your complaint at http://ec.europa.eu/consumers/odr/ or directly contact eCOGRA Limited at 2nd Floor, Berkeley Square House, Berkeley Square, London W1J 6BD, United Kingdom.
(ii) If You are not a UK player at the time of receipt of the Facilities:
a) file your complaint at http://ec.europa.eu/consumers/odr/ or directly contact eCOGRA if you are EU citizen; AND/OR
b) contact the Gibraltar Gambling Commissioner at email@example.com to submit a complaint.
22.1 You are responsible for ensuring that the details You provide Us with are correct and complete, and for informing Us of any changes to the information you have provided. We reserve the right to suspend or terminate your Account if the information We hold about You is not accurate. For further information about how we process your personal data or how to exercise Your rights, please see our Privacy Notice and Cookie Notice
23.1. For UK Players: These Agreements shall be governed by and construed in accordance with the laws of England and Wales. You irrevocably agree to submit to the exclusive jurisdiction of the courts of England and Wales for settlement of any disputes or matters arising out of or concerning these Agreements or their enforceability. If any part of these Agreements is found to be invalid, illegal or unenforceable in any respect, it will not affect the validity of the remainder of the Agreements, which shall remain valid and enforceable according to their terms.
23.2. For Non-UK Players: These Agreements shall be governed by and construed in accordance with the laws of Gibraltar. You irrevocably agree to submit to the exclusive jurisdiction of the courts of Gibraltar for settlement of any disputes or matters arising out of or concerning these Agreements or their enforceability. If any part of these Agreements is found to be invalid, illegal or unenforceable in any respect, it will not affect the validity of the remainder of the Agreements, which shall remain valid and enforceable according to their terms.
We reserve the right to transfer, assign, sublicense or pledge these Agreements, in whole or in part, to any person (but without Your consent) where You are notified of such assignment by email, and provided that any such assignment will be on the same terms or terms that are no less advantageous to You. You may not assign, sublicense or otherwise transfer in any manner whatsoever any of Your rights or obligations under these Agreements.
THIRD PARTY RIGHTS
25.1. Except insofar as these Agreements expressly provide that a third party may in their own right enforce a term of these Agreements, a person who is not a party to these Agreements has no right under local law or statute to rely upon or enforce any term of these Agreements but this does not affect any right or remedy of a third party which exists or is available other than under local law or statute.
25.2. For the avoidance of doubt, each member of the Group is an intended third party beneficiary of these Agreements.
ENTIRE AGREEMENT, MODIFICATION AND AMENDMENTS
You fully understand and agree to be bound by these Agreements and as amended by Us from time to time. We may amend these Agreements at any time by emailing You notification of the new terms. Any such amendment will take effect within thirty (30) days of our sending the notification to You ("Notification"). If any amendment is unacceptable to You, Your only recourse is to cease gambling and terminate Your Account in accordance with Section 17. Your continued use of the Facilities following such thirty (30) day period will be deemed binding acceptance of the amendments. It is Your sole responsibility to review these Agreements and any Notifications each time You play. These Agreements and the documents referred to herein represent the complete and final agreement between You and Us in relation to these agreements and supersede any and all prior agreements between You and Us.
27.1. The following terms apply only to Your use of the Gaming Facilities. Please note that in the event of any conflict between this Section 27 and the remaining Sections of these Terms and Conditions, the remaining Sections of these Terms and Conditions shall prevail.
27.2. Play Money and Real Money Games
By registering for the Gaming Facilities You will be able to access (through the Software (as defined below)) both 'play money' games and tournaments ('Play Money Games' or 'Play for Free Games' respectively) and 'real money' games and tournaments ('Real Money Games' or 'Play for Real Money Games' respectively), via the Gaming Facilities. No purchase is necessary or required to play the Play Money Games, save in respect to any cost You may incur to access the Gaming Facilities, charged by Your Internet service provider or telecommunications provider, and You may play the Play Money Games without betting money. We reserve the right to suspend, modify, remove and/or add any Gaming Facility in its sole discretion with immediate effect and by notifying You by email and, to the extent permitted by law, We will not be liable for any such action.
27.3. Rules and Procedures of the Gaming Facilities
You must use the Gaming Services in accordance with the generally accepted games rules set out in the Game Rules section, and the procedures relevant to the Gaming Service You are using specifically set out in the Games section of the Foxy Games online site, including but not limited to the Promotions section, Tournaments section, Game Instructions & Rules section, the Tell a Friend section, How to Play, Table Stakes, Tournaments, Tournament Rules, and any other page that specifically relates to and governs any particular event, game or tournament ('Rules').
We are committed to preventing the use of unfair practices in the Gaming Facility, including but not limited to player collusion. We are also committed to detecting and preventing the use of software programs which are designed to enable artificial intelligence to play on Our Platforms including, but not limited to, opponent-profiling, cheating software or anything else that We deem enables You to have an unfair advantage over other players not using such programs or systems ('AI Software'). You acknowledge that We will take measures to detect and prevent the use of such programs and AI Software using methods (including but not limited to reading the list of currently running programs on a player's computer) and You agree not to use any AI Software and/or any such programs. Go to Our Unfair Advantage Policy.
You may install and use the software We make available from the Platforms used to provide the Gaming Facilities (the 'Software') on a hard disk or other storage device and make backup copies of the Software, provided that such use and backup copying is only for Your own personal use in using the Gaming Facilities in accordance with these Agreements, and further, that such installation and use is made through a computer or other device of which You are the primary user. The Software's structure, organisation and code are the valuable trade secrets of the Group and/or its associated companies and/or its licensors. You obtain no rights to the Software except to use it in accordance with these Agreements. Save as expressly permitted by law, You are strictly prohibited from, and agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software or any part of it or to create, publish or distribute derivative works from the Software. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by any applicable laws, restrictions or regulations.
27.6. Shared Games, Table and Database Platform
We reserve the right, but are not obliged, to run and utilise a shared table, server and database platform or system ('Shared Game/Table Platform') which enables Gaming Facility users to play with players coming into the games, tables and tournaments from other websites and brands operating on the same Shared Game/Table Platform. If a Shared Game/Table Platform is used, You agree that You may be pooled into these common game/tables, at Our sole discretion, and that to the extent that You breach the terms and conditions of one site or brand that operates on the Shared Game/Table Platform, We may have You blocked, in part or full, from the entire system so that You may not play through any site or brand using or on the Shared Game/Table Platform. Without limitation to the restriction on having multiple Accounts with Us (please see Section 4), We may require that You only have one Account on the Shared Game/Table Platform if the same is used.
27.7. Play Money and Real Money Account Funding
'Play money' funds have no value and are kept separate from 'real money' funds. They are not transferable to a 'real money' account nor are they redeemable for any currency. We do not promise to accurately record the number of play money chips held by You and Your play money chips may be lost at any time. Further, We reserve the right to set a maximum chip limit for play money Accounts.
27.8. Settlement of In-Game Disputes
You fully accept and agree that random number generator ('RNG') software will determine the shuffling and dealing of cards and other randomly generated events required in the Gaming Facilities. If there is a discrepancy between the result showing on the Software (as installed and operated on Your hardware) and Our server, the result showing on Our server shall govern the result. Moreover, You understand and agree that (without prejudice to Your other rights and remedies) Our records shall be the final authority in determining the terms of Your use of the Gaming Facilities, the activity resulting therefrom and the circumstances in which such activity occurred.
27.9. Real Money Game and Tournament Currency
Where a Real Money Game or tournament is only available in a currency which is different from Your Account Currency You may in some cases be given the option to buy-in to the same in the currency of the relevant game/tournament. Such buy-in (together with any winnings) will be subject to the terms and Exchange Rates offered by Us at the relevant time. Please see Currency Converter and Frequently Asked Questions for further details. In all other cases You will only be permitted to place bets and wagers in Your Account currency.
PLEASE PRINT THESE TERMS AND CONDITIONS AND STORE FOR YOUR FUTURE REFERENCE. IN ADDITION, WE SUGGEST THAT YOU PRINT AND STORE ALL TRANSACTION RECEIPTS AND GAME RULES AS APPLICABLE TO YOUR ACTIVITIES.
If You have any questions, please contact Our 24/7 Customer Care Team.
Modified April 14th 2020