Pocketfruity.com: Player Terms and Conditions
We are Bear Group Limited whose registered office is Upland Business Centre, Upland Road, St Peter Port, Guernsey, GY1 1UJ and whose company number is 1908 (hereafter 'Bear Group', 'we' or 'us'), we are licensed with the Gambling Commission (licence number 000-039147-R-319319-001) and we hold a full eGambling license and are regulated by the Alderney Gambling Control Commission (the "AGCC"). We are the owner and operator of the gambling websites Slingo (www.slingo.com), Spin Genie (www.spingenie.com), Pocket Fruity (pocketfruity.com), BGT Games (bgtgames.com), Deal or No Deal Casino (dealornodealcasino.com), Express Wins (expresswins.co.uk), Jackpot Happy (jackpothappy.com), Love Island Games (loveislandgames.com), Star Wins (starwins.co.uk), Telly Games (tellygames.com), The X Factor Games (thexfactorgames.com), Health Games (healthgames.co.uk) (after the 'Websites’, or ‘Website'), Millionaire Games (millionairegames.com). These are our player terms (the 'Terms') and the word 'you' refers to any user of our service(s), games and/or viewer of the Website.
These terms are split into navigable sections to make them easy to navigate:
- SECTION A: THE TERMS AND YOUR ACCOUNT
- SECTION B: FINANCING YOUR ACCOUNT
- SECTION C: BONUSES AND PROMOTIONS
- SECTION D: RESPONSIBLE GAMBLING
- SECTION E: YOUR FUNDS'
- SECTION F: LIMITATION OF LIABILITY
- SECTION G: GENERAL TERMS
- SECTION H: CONTACTING US
The terms and your account
- Opening an Account: To use our Games and to administer your use of our Games you must set up an 'Account' with us. To open an Account, you must provide us with the details requested on the ‘sign-up form’ on the Website.
- Conditions of using your Account: By completing and submitting your details to open an Account you are deemed to accept these Terms and you acknowledge that these Terms form a legally binding contract between you and Bear Group. You also undertake that:
- you fully understand and agree to comply with these Terms;
- you are aged 18 years or older: Please note under 18s are strictly prohibited from using the Games or the Website;
- you reside in the UK and your sole aim for opening an Account is to establish a normal consumer relationship with us, with the strict purpose of conducting gambling transactions for entertainment purposes. Please note that gambling, such as through the Games, may be illegal in other countries or states;
- you have provided us with personal details (including your name and address) that are valid, accurate and complete. You shall advise us immediately via email to email@example.com should such details change (please note we may require documentary evidence);
- if you are accessing the service on a mobile device, you are the owner of the device and you pay the bills for the device;
- you understand you are permitted to open one Account per Website operated by Bear Group Ltd. You are expressly prohibited from operating multiple Accounts on the same Website . Any multiple accounts opened on the same website, or suspicious behaviour on any one Website operated by Bear Group Ltd may result in your Account being terminated and any potential winnings becoming void.
- you are not an employee of Bear Group, its licensees, distributors, wholesalers, affiliates, subsidiaries, advertising, promotion or other agencies, media partners, retailers or a member of their immediate families;
- you acknowledge that you participate in the Games at your own risk. You acknowledge that the Games are games of chance and that you may lose any stakes which you bet on them. How the Games operate is explained further in paragraph 11;
- you are the true and lawful owner of the monies that you wager in the Games and also that you are duly and properly authorised to utilise such monies;
- you shall neither deposit nor wager any monies in the Games that are derived from illegal activities;
- you are not acting on behalf of another party.
- you are not permitted to register a payment method (Bank Card, Bank Account or Mobile Number) which is not in your own name. Failure to comply will result in your account being terminated and any winnings made null and void. Any remaining cash balance associated with such payment methods will be returned and will not exceed total deposit amount.
- Changes to the Terms: We may change these Terms at any time. We shall notify you of any material changes to the Terms which affect your rights or responsibilities, by displaying a message on the Website the first time you log into your Account following a change to these Terms. You must accept these new Terms if you wish to continue to use the Website, the Games or your Account. If you do not accept new Terms, you may close your Account and withdraw any amount in your Cash Balance (which is described in paragraph 15).
- Technical Requirements: It is your responsibility to ensure that you have an appropriate web browser and any other technical requirements required to access the Website, play the Games or use your Account. You are solely responsible for any connection, use or other charges levied by your network operator when you register to play the Games, access the Games and the Website, download software, place bets or communicate with us. These charges shall form no part of any wagers placed in the Games.
- Bear Group's Discretion: We reserve the right, and at any time, to:
- refuse a request to open an Account;
- terminate or suspend your use of the Games or your Account if you breach, or we suspect you to have breached, any of these Terms;
- make a report regarding your behaviour on our gambling services to regulatory authorities including the Alderney Gambling Control Commission and the British Gambling Commission; the police; the Guernsey financial investigation Unit or the UK National Crime Agency.
- submit your personal information to various selected third parties to carry out age and identity verification procedures and to carry out checks in accordance with our anti-fraud and anti-money laundering policies. You acknowledge that by registering with us you grant us the right to use, disclose and process your information in this way in accordance with our Privacy & Cookies Policy;
- verify your Account information by requesting, but not limited to, any of the following Due Diligence documents:
Valid Photographic ID; Passport and/or Driving Licence.
Valid Proof of Address (dated within the last 3 months); Utility Bill and/or Bank Statement
Proof of payment ownership; A photo of the front (and in some instances, the back) of your registered bank card* and Bank statement to verify your bank account (*for security purposes, we encourage you to blank out the first 12 digits of the long card number and CV2 (Security digits) on the back of the card only.)
Proof of mobile phone used to deposit; a valid mobile contract or other supportive documentation issued by your phone provider.
Valid source of funds; from time to time we may request that you provide us proof to confirm the source of funds you have used to deposit.
- suspend or terminate your access to your Account, if you fail to comply with verification requests, on any sites operated by Bear Group Ltd. Due Diligence documents are reviewed and accepted at our discretion. Documents from time to time may need to be notarized by an authorised professional body, Bear Group Ltd is not liable for any associated costs in doing so;
- offer new Games without notice;
- amend any feature or function of any existing Game by giving notice in the menu of the Game itself. If you do not accept any amended feature or function of an existing Game, you may close your Account and withdraw any amount in your Cash Balance (which is described in paragraph 15);
- verify your age. Your age must be verified in order to ensure you are over 18. If within 72 hours of your first deposit we have not been able to successfully verify your age:
- Your Account will be suspended until we can complete our age verification checks, money laundering checks, or undertake any other customer due diligence we deem necessary;
- All funds in in your Account will be frozen; and
- No further gambling activity will be allowed
- If on completion of the age verification process you are found to be under 18, all deposits made on the Account will be returned and any winnings and/or bonuses will be voided.
- terminate or suspend your Account(s) if we believe you have opened and/or operated more than one account on the same Website. If we terminate your Account(s), we will return to you any cash balance up to any sums deposited by you into your Account(s) (unless we are prevented from doing so by law or regulation) less: (i) any amounts already withdrawn from your Account; and (ii) any reasonable administrative costs and other expenses incurred by us in terminating your Account and returning your deposit amounts. . We will be under no obligation to pay any winnings;
- terminate or suspend (or refuse to open) your Account if we believe you have:
- employed or made use of a system (including machines, computers, software or other automated systems) designed specifically to defeat fixed odds casino or slots games;
- "charged back" any of the purchases made with your payment card to your Account on any site that is operated by Bear Group Ltd. Please also see paragraph 16;
- been using your Account in any way we deem to be fraudulent or contrary to these Terms; or
- been using your Account for criminal purposes.
- Passwords and misuse of your Account: You alone are responsible for the use of your Account. Your Account may require you to provide log-in details and a password (or details of one of your existing social networking platform accounts). You must treat any log-in details and any password as confidential and must not disclose them to any third party. You alone are responsible for the security of your log-in details and password. You agree to notify us immediately of any unauthorised use of your Account or any other breach of security (and to provide documentary evidence if requested by us).
- Closing your Account: You can close your Account at any time by emailing us at this address: firstname.lastname@example.org. We shall use our reasonable endeavours to close your Account within 5 working days of the receipt of your email. We reserve the right to suspend or close your Account if it has been inactive (i.e. you have not logged into the service or interacted with our Games in any other way) for more than 18 months in accordance with paragraph 28(c). In the event that you wish to "self-exclude" from the Website please refer to section D Responsible Gambling) below..
- Licence to use the Games: Subject to you holding a valid Account, you may access and play the Games on a non-exclusive, non-transferable, revocable licence basis for your own personal, non-commercial and entertainment purposes. Under the terms of this licence to use the Games you shall not: (a) attempt to reverse compile, disassemble, or otherwise reverse engineer any Game (or any element of any Game); (b) attempt to obtain, or assist others in obtaining, access to the underlying code of any Game, or take content from it; or (c) use the Games in any way that breaches these Terms, contravenes applicable law or attempt to circumvent the spirit and intent of the provision of these Games.
- Intellectual Property Rights: For the purposes of these Terms 'Intellectual Property Rights' means trade marks (including any common law rights and all the goodwill attaching to trade marks and/or the related business); unregistered and registered design rights; copyright, publication right and database rights; inventions and discoveries (whether patentable or not); patents; domain names; rights in confidential information (including know how and trade secrets) and any and all other intellectual property rights (whether now subsisting or in the future created) both in the United Kingdom and all other countries of the world for the full period for which those rights subsist (including any and all extensions, renewals and all vested, future and contingent rights and rights under licences) and all applications for the foregoing and the right to sue for and to recover damages for past infringements of such rights. Bear Group owns (or has a licence to use) all Intellectual Property Rights in the Games and the Website. By using the Games under licence or having an Account you do not acquire any Intellectual Property Rights in the Games, whether implied or express. You may not use any of the Intellectual Property Rights in the Games, other than in accordance with the rights granted under these Terms. Unauthorised use of the Games or the Website may give rise to a claim for damages and/or be a criminal offence.
- Playing the Games:
- All of our Games, software and services are designed to strict guidelines and procedures, and are developed to comply with online gaming regulations to ensure the safety of users.
- The rules, odds and expected return to players of each Game are available in the menu of the Game itself. Expected return is an average calculated over a large number of wagers, and the actual return you experience may vary significantly with each wager.
- If you lose your wager on a Game it will be deducted from your Account and if you win the winnings will be paid to your Account.
- The outcome of every Game is determined by a random number generator. The Game(s) display a graphical representation of that pre-determined outcome. If a Game display fails to show any result, the Game will still have been completed on our servers. All of our Games, and our random number generator, are independently audited for fairness and accuracy. The official outcome of all wagers is available either in the Game itself, or through our Customer Services team.
- Malfunctions of the gambling server or related systems will void all affected wagers and stakes shall be returned to your Cash Balance.
- We reserve the right to void winnings or withdrawals enabled by wins which result from any obvious error, mistake or technical fault (including incorrect Game pay-outs) whether caused by a machine or human error, with any of the Games offered. You shall forfeit any winnings or losses that result from such errors, mistakes or technical faults and your stake shall be returned to your Cash Balance.
- Unresolved bets placed but remaining undecided in incomplete games will become void after 90 days and the stake shall be returned to your Cash Balance.
- All Game rules, these terms and more generally site content is provided exclusively in the English language.
Financing your account
- Depositing sums in your Account: There are a number of ways you can deposit money to your Account, including credit or debit cards or via charge billed through your mobile network operator. We reserve the right to apply any additional charges or levy for crediting your Account using one of the approved payment mechanisms. Such deposited monies, once added to your Account, form your 'Cash Balance'. Your Account has two balances reflecting the sums which you are able to wager on our Games: a 'Cash Balance' and a 'Bonus Balance'. The Bonus Balance is explained below in more detail in Section C.
- Depositing sums in your Account by mobile phone:Deposits by mobile phone to your Cash Balance are subject to the following rules:
- you may deposit a maximum of £30 per day or other limit imposed by your mobile network operator or regulatory body such as Phone-paid Services Authority;
- you may not deposit sums in your Account by mobile phone if doing so is in breach of the terms of your mobile network operator agreement;
- you should, as the account holder, retain a copy of transaction records and these Terms for future reference;
- if we are advised by your mobile network operator of non-payment, misuse or if payment is withheld by your operator or we reasonably suspect any of the actions stated above, we may suspend or terminate your Account and any winnings will be forfeited.
- you must be the lawful owner of the mobile number being used to deposit.
- Payment Providers: You acknowledge that if you use third parties to handle payments into and out of your Account ("Payment Providers") you may be bound by separate terms with such Payment Providers for the provision of their on-line payment services. Payment Providers' agreements may be significantly different from these Terms. You should contact such Payment Providers for further details of the terms that apply to your use of their services. Your use of Payment Providers' services is subject to eligibility, availability and compliance with Payment Providers terms. You acknowledge and agree that Bear Group does not act as a payment services provider or any other intermediary in respect of payments you make with Payment Providers. Bear Group is not a party to any agreement you have with any Payment Providers and will not in any circumstances be liable to you for any third-party claim or liability relating to the provision of Payment Providers' on-line payment services. Payment Providers may decide, at their sole discretion and without liability, if you are suitable to use their services to pay for Bear Group's Games and associated services. Bear Group shall have no liability for such decisions. You acknowledge that Payment Providers may make additional charges to you for the provision of their services.
- Withdrawing funds from your Account:
- Withdrawing funds must be initiated via the "withdraw" section of your Account or by written request to our customer service team.
- Withdrawn funds will be removed from your Cash Balance until such time that they are approved and processed. Should you wish to void/cancel your pending withdrawal request then you can do so by visiting the "withdraw" section of your Account prior to the withdrawal being approved.
- We support payment via bank transfer and credit funds transfer (“CFT”) to your payment card. You are only eligible for CFT withdrawal if you have (i) deposited via that payment card and (ii) your card is eligible. This method of withdrawal is at the discretion of Bear Group and is subject to the receipt of valid documentary evidence of your identity and ownership of bank account.
- You may only withdraw sums from your Cash Balance. You may not withdraw sums from your Bonus Balance (see Section C below for more information on how your Cash Balance and Bonus Balance operates).
- The minimum automated withdrawal is currently £10, please contact Customer Services if you wish to withdraw a sum lesser than £10 and they will arrange this for you. If you wish to withdraw less than the minimum automated withdrawal amount, we reserve the right to deduct an administrative fee of up to £1.
- There is no maximum withdrawal, but certain withdrawals may be subject to additional verification procedures which may result in a short delay before funds are released.
- Chargebacks: We may cancel a payment, close your account, and make an administration charge to you (including by setting off any positive Cash Balance in your account against any amount owed to us by you) of, for example, any transaction fees you incur with Payment Providers, charges for virtual items, and any other reasonable costs connected with an associated investigation, if we have reason to believe: (a) any purchase is incomplete; or (b) you have participated in an fraudulent activity (including fraudulent charge-backs)
Bonuses and Promotions
- Bonuses and Promotions: When promoting the Website and the Games, Bear Group may offer 'Bonuses' or 'Promotions' (together referred to as “Bonus”) to you for performing particular tasks. All Bonuses are subject to, but not limited to, the provisions in paragraphs 18 to 24 below, together with any specific terms applicable to that Bonus, which will be made available on our ‘Promotions’ page here. Bonus offers are intended to enhance a customer’s enjoyment of the Games and awarding Bonuses is at the absolute discretion of Bear Group.
Opt-Out: You may choose not to receive any Bonus, or you may chose to opt-out of Bonuses entirely by contacting customer services.
- How Bonuses Work:
Your Accout Balances
- Your Account has two balances reflecting the sums which you are able to wager on our Games: a 'Cash Balance' and a 'Bonus Balance';;
- All sums which you deposit into your Account shall be placed in your Cash Balance. Sums which you receive under a Bonus for performing particular tasks are paid into your Bonus Balance (sums in your Bonus Balance are called 'Bonus Funds');
- When you play the Games, sums are wagered from your Cash Balance first and then from your Bonus Balance. For example: If you have £5 in your Cash Balance and £5 in your Bonus Balance and wager £5, your wager shall come straight out of the £5 in your Cash Balance;
Your cash balance
- Any winnings won from bets placed using funds from your Cash Balance will also be credited to your Cash Balance.
- Cash wagering will not contribute to any Wagering Requirements (as defined below). Only wagering from the Bonus will contribute to its Wagering Requirements.
- You may withdraw sums from your Cash Balance at any time (in accordance with paragraph 15).
Your Bonus Balance
- You may not withdraw sums from your Bonus Balance. Bonus Funds that have not completed any specified Wagering Requirements are removed when a customer makes a cash withdrawal from their Cash Balance without having completed the wagering requirement in respect of any Bonus Funds.
- Once the Wagering Requirements have been met for an active Bonus, the Bonus Funds relating to that Bonus are transferred to your Cash Balance. The consequences of not completing the Wagering Requirements vary from Bonus to Bonus and will be set out in the specific Bonus terms and conditions
- Wagering Requirements are multiples of the sums paid to the Bonus Balance and are specific to each particular Bonus. For example: if the Bonus Funds awarded for a particular Bonus is £10 and the Wagering Requirements are '15 times Bonus', then you must wager £150 (£10 times 15) before the Wagering Requirements are met.
- A Bonus may be awarded with a Transfer Cap applied. This means there is a maximum amount of money that can be transferred to your Cash Balance on completion of any Wagering Requirements. Any amount of money in your Bonus Balance surplus to the Transfer Cap will become void and be forfeited from your account. Where a Transfer Cap is applied to a Bonus this will be clearly stated in the specific Bonus terms and conditions.
- you must complete any/all incomplete games before a bonus can be completed after reaching the wagering requirements. Any money will then be transferred from your bonus wallet to your cash wallet as per the terms and conditions of the specific promotion.
- Rules in relation to Bonus Funds: The following rules apply to your use of Bonus Funds:
- Until Wagering Requirements are met, any winnings from wagers paid from the Bonus Balance shall be added to the Bonus Balance as Bonus Funds; and
- Bonus Funds can only be wagered on any game type that allows Bonus Funds wagering - this currently excludes Casino (Table) Games, and some Slot Games. For these Games any cash stakes will not count towards wagering requirements.
- Checking the Status of your Bonuses and Wagering Requirements: The account section of the Website will show your Cash Balance, Bonus Balance and your progress through the Wagering Requirements for each Bonus you are currently taking part in. Whilst playing Games you will see the total of your Cash Balance and Bonus Balance only - to view a full breakdown of your Bonus Funds you need to visit the account section of the website or contact customer services.
- Blended Wager: If you wager monies that contain sums from both your Cash Balance and your Bonus Balance and you are successful, your winning funds will be proportionately paid to the relevant balance. For example, if you won £100 from a blended wager which used £7 from your Cash Balance and £3 from your Bonus Balance, £70 would be credited back to your Cash Balance and £30 to your Bonus Balance.
- Multiple Bonuses: You can view all of your active and pending Bonuses by visiting “Bonuses”. Once you have completed the Wagering Requirements for your active Bonus then your next pending Bonus will become active. You can view all of your active and pending bonuses by visiting “Bonuses”.
- Cancelling a Bonus: Should you wish to cancel any of your Bonuses then you may request this by contacting our Customer Service team prior to Bonus funds being staked.
- Betting Restrictions: Bonuses may be subject to betting restrictions and any betting restrictions will be set out in the specific Bonus terms and conditions.
- Withdrawal of Bonuses and Promotions: If we reasonably believe you are abusing or attempting to abuse a Bonus then we may, acting reasonably, deny, withhold or withdraw from you any Bonus, either temporarily or permanently, or terminate your access to the Games and/or your Account. We shall be under no obligation to refund to you any funds present in your Cash Balance, other than your original deposit amounts (less any amounts already withdrawn from your Account).
Bonus Abuse includes but is not limited to:
- opening multiple accounts on the same Website in order to claim a welcome bonus more than once. If we terminate your Account as a result of opening multiple accounts, we will attempt to return all deposits to you (unless we are prevented from doing so by law or regulation) less: (i) any amounts already withdrawn from your Account; and (ii) any reasonable administrative costs and other expenses incurred by us in terminating your Account and returning any deposits. We will be under no obligation to pay any winnings.;
- playing in collusion with other customers or as part of a syndicate;
- taking advantage of any Website system or Software bug or failure, exploitation of loopholes or other technical forms of abuse.
- Responsible Gambling: We recognise our responsibilities to players, with regards to responsible gambling. We aim to provide a safe and fun environment for people to gamble responsibly, and have, therefore, set out a strict level of measures and procedures. If you feel that you may have a gambling problem, then we recommend you contact GamCare, who have a confidential national telephone counselling helpline. Their number, which is charged at a local call rate, is: 0845 6000 133. Alternatively, visit the GamCare website at www.gamcare.org.uk. Our policies and procedures in respect of our approach to Responsible Gambling are covered in more detail herewww.pocketfruity.com/responsible-gambling.
- Steps we can help with: We are a responsible operator and we use a number of measures to ensure that we comply with the industry's standard provision and guidelines to help problem gamblers:
- DEPOSIT LIMITS:We have a facility to limit the amount of deposits per day, which can be applied within the Website or by requesting a limit via our approved customer service channels;
- COOL DOWN:We provide you with the ability to set a temporary 'Cool Down' period which will prevent you accessing the site for a period, chosen by you, of either '24 Hours', '48 Hours', '1 week', '2 weeks', or '4 weeks'. Your Account will automatically reopen once your chosen period has elapsed. Please note that this cool down facility operates differently to the self-exclusion facility detailed in 26 (c) and (d) in that you may receive marketing during this period. You cannot cancel your cool-down request until the requested period has expired. You should consider using self-exclusion if you have any concerns whatsoever about your gambling behaviour.
- SELF EXCLUSION:We also provide you with the ability to exclude yourself from playing the Games for a minimum period of 6 months and a maximum of 5 years. During this period we will close your Account and return any outstanding balance to you and it will not be possible for you to re-open your Account. This self-exclusion facility can be applied either within the Game or via our approved customer service channels. During any period of self-exclusion you will be removed from our email and sms marketing lists. Please note, it is your responsibility to contact our Member Support Team if you wish to re-activate your Account once the self-exclusion period has ended. You will need to wait 24 hours after making a request to re-open your Account before you are able to play the Games again. The Account will not be automatically re-opened.
- PERMANENT SELF EXCLUSION:We are also able to exclude you permanently upon your request.
- We strongly recommend that you also consider self-excluding from other sites not operated by Bear Group.
- Our liability in relation to Responsible Gaming: We cannot be responsible or liable for any subsequent consequences or losses (howsoever caused) that you may suffer or incur if you continue gambling through additional accounts where you have altered any of your registration details or you provide misleading, inaccurate or incomplete details or otherwise seek to circumvent the self-exclusion.
Security of Your Funds
- Security of your funds:
- Your funds: We hold a special segregated bank account in which we place, on a monthly basis, 125% of the funds from our players' Cash Balances. Additionally, there are several controls over this bank account to further mitigate the risk associated with depositing funds with us: there are no set off arrangements on this account; the account is reconciled by the finance team on a monthly basis; the effectiveness of the client funds accounts process is overseen and reviewed regularly by the Alderney Gambling Control Commission. However, you should be aware that funds that you deposit with us can never be fully safeguarded in the event of Bear Group Ltd becoming insolvent. For further information please see the following:https://www.gamblingcontrol.org/faqs/player-issues/. We are also required by our licence issued by the British Gambling Commission to inform customers about what happens to funds which we hold on account for you, and the extent to which funds are protected in the event of insolvency – http://www.gamblingcommission.gov.uk/for-the-public/Your-rights/Protection-of-customer-funds.aspx. We hold customer funds separate from company funds in [a mixture of bank accounts/investment accounts/in reserve funds which we hold with our payment processors]. These funds are not protected in the event of insolvency. This meets the Gambling Commission’s requirements for the segregation of customer funds at the level: basic segregation.
- Removal of Funds: We may remove some or all of the amount of your Cash Balance from the segregated account described in Paragraph 28(a) above if: (i) we are entitled to deduct or remove any funds from your Account pursuant to these Terms and Conditions (for example, pursuant to Paragraphs 6(h), (i) and (j) and 15(e)); and/or (ii) we are required to do so, as part of any ongoing investigation into your activity, by the police, the Guernsey financial investigation Unit, the UK National Crime Agency, or by any other applicable regulatory or enforcement authority.
- Funds in dormant/inactive accounts:“Dormant” Accounts are defined as an Account which, for a continuous period of 18 months, or more, has not either (a) had funds deposited in it, or (b) had funds withdrawn from it or (c) had a bet placed from it or (d) had a bet settled from it. If your Account is deemed Dormant and there are funds in your Account we will contact you informing you that your Account has been deemed Dormant and will be closed in 30 days. We will provide you with instructions on how to withdraw your Cash Balance and how to reactivate your Account. If we do not hear from you and you do not access the Website for a further calendar month your Account will be closed and your Cash Balance voided.
Limitation of Liability
- Limitation of Liability:
- None of the exclusions or limitations in these Terms shall exclude or restrict our liability for death or personal injury caused by our negligence or for any fraudulent misrepresentation or for any other liability that we cannot exclude or limit under any applicable law;
- Subject to Paragraph 29(a), Bear Group excludes liability (whether arising in tort, contract or otherwise and whether or not due to its negligence) for any direct, indirect or consequential loss or damage which you or any third party suffers as a result of:
- viruses, bugs or other technologically harmful material that may infect your computer equipment, computer programs, other hardware (including mobile phones or tablets) or other material due to your use or downloading any content via the Games;
- someone else using your identity, Account or log-in details, unless you are able to demonstrate to our reasonable satisfaction that such use is neither: (i) permitted or authorised by you; nor (ii) due to your fault or negligence;
- any loss of your content or data caused by your accessing the Website or the Games; and
- any misrepresentation on or relating to the Website or the Games;
- Subject to Paragraph 29(a), Bear Group's maximum aggregate liability to you in respect of your use of the Games, the Website and your Account shall be the amount of any monies paid by you to Bear Group during the 3 month period before the date on which the act or omission causing the liability arose. Except in the circumstances described in these Terms whereby we may withhold payment of your winnings or other amounts from your Cash Balance (for example, pursuant to Paragraphs 6(h), (i) and (j) and 15(e)), nothing in this Paragraph 29(c) is intended to limit our obligation to return to you any unused deposits or accrued winnings in your Cash Balance.
- Dealing in rights and obligations:We reserve the right to transfer, assign, sublicense or pledge these Terms, in whole or in part, to any person without notice, provided that any such assignment will be on the same terms, or terms that are no less advantageous to you.
- Severability: If any part of these Terms is deemed unlawful, void or for any reason unenforceable, then that part shall be deemed to be severable from the rest of these Terms and shall not affect the validity and enforceability of the remaining provisions of these Terms. In such cases, the part deemed invalid or unenforceable shall be amended in a manner consistent with applicable law to reflect, as closely as possible, our original intent.
- Governing Law and Jurisdiction: These Terms shall be governed by and construed in accordance with English law. Any dispute arising out of or in connection with these Terms shall be subject to the jurisdiction of the courts of England.
Contacting Us & Complaints
- Complaints: Please contact us immediately via email to email@example.com if you have any concerns as to the content of the Games or the Website (and the gambling service provided thereon) or in relation to Bear Group generally, if you believe that any act or omission by Bear Group is a breach of applicable law or regulation or if you believe we or another player is infringing third party intellectual property rights. All complaints must be made as soon as possible and no later than 6 months after the issue has occurred.
Following the lodging of a formal complaint to us via our normal customer service channels, the following steps will be followed:
- Step 1: A service support officer of Bear Group will make contact with you, attempt to resolve by agreement between you and Bear Group any dispute between you on which the complaint is based. In all successful cases Step 1 will be resolved by verbal agreement between both parties.
- Step 2: Where the procedure set out in Step 1 is unsuccessful, we will schedule a full investigation of the complaint to be carried out by a senior manager, and after consideration of a report about the complaint and investigation, they will: make a preliminary determination of the matter in dispute between you and us; and give written notice of that determination and the reasons for it, to you.
- Step 3: If you are not satisfied with the outcome in step 2, and your complaint is a gambling dispute then you will be entitled to refer your complaint to the Independent Betting Adjudication Service ("IBAS") via www.ibas-uk.com whose decision Bear Group will agree to be bound by. IBAS, our nominated alternative dispute resolution body, provides a free-of-charge service and rules on complaints about betting and gaming transactions but it does not deal with service related problems.
As a matter of course, we shall notify the United Kingdom Gambling Commission of the outcome of any complaints that proceed to IBAS.