BETVICTOR CUSTOMERS – TERMS AND CONDITIONS
These Terms are the terms on which the BV Website, the Products and your Account is made available to you, the Customer. The Terms are a legally binding agreement and you should read them carefully. By using the BV Website, the Products and/or opening an Account, you indicate your acceptance of these Terms. If you do not agree to any of the provisions of these Terms, you should immediately stop using the BV Website, the Products and your Account.
These Terms were last updated on 21st May 2020 and supersede any previous terms and conditions. Please print and retain a copy of these Terms for your records.
1. DEFINITIONS AND INTERPRETATION
In these Terms, the following definitions shall apply:
An account opened by BetVictor for the Customer to join the BV Website, where the Registration Form completed by the Customer is accepted by BetVictor;
The additional rules specified in Clause 2.1 and which are incorporated into these Terms by reference;
A check undertaken by BetVictor to ensure that the Customer is the Minimum Age, which may include making a check to an Identity Management Specialist Company in the first instance. This does not affect a Customer’s credit score but will leave a record of the check.
The Customer may also be asked to disclose certain documents to BetVictor, which may include any of the following: an in date passport; in date driving licence; in date national identity card; utility bill (from the last three (3) months); and bank statement (from the last three (3) months);
BetVictor Limited, trading as “BetVictor”, a company registered in Gibraltar (company number 42734) with its registered office at Suite 23, Portland House, Glacis Road, Gibraltar, GX11 1AA and trading from Suite 2:01, World Trade Center, Bayside Road, Gibraltar, GX11 1AA;
Any actions undertaken to gain an advantage of a bonus unfairly, including the following:
- using multiple accounts to claim a bonus or enter a promotion more than once;
- exploiting technical faults or misconfiguration of any of the Casino Games offered on the BV Website;
- colluding with others in order to take advantage of bonuses or promotions;
- using a VPN or masking the Customer’s IP address in order to enter a promotion or obtain a bonus that the Customer would not otherwise be eligible for; and/or
- participating in a promotion, but breaching the corresponding promotion terms and conditions;
The website owned and operated by BetVictor at https://www.betvictor.com/ which is accessed via desktop to use the Product. The definition of BV Website includes mobile web and the BetVictor iOS and Android applications through which the Product can be accessed;
The casino games listed on the BV Website through which a Customer can place a Casino Wager;
A bet or stake placed on a Casino Game;
Customer Contact Information
The information provided by the Customer to BetVictor on setting up an Account including (but not limited to): First name; Last name; Address; Telephone number; and E-mail address;
Customer Services Contact Details
Attention: Contact Centre
Correspondence address: BetVictor Limited
Suite 2:01 World Trade Center
SMS: +44 7537416837
Telephone: Customer to use the “Request a Call Back” function on the BV Website.
A registered customer of the BV Website who creates an account for their sole benefit and not to register or play on behalf of anyone else;
An Account which the Customer has not had a Transaction on for three hundred and ninety-six (396) consecutive days or more;
The following constitute an “Error”:
- in relation to Sports Bets placed prior to an Event taking place, the prices/terms offered are materially different from those available in the general market;
- in relation to an Event, the price/terms offered at the time the Sports Bet is placed are materially incorrect in view of the publicly available information in respect of the probability of the Event occurring;
- where BetVictor has continued to accept Sports Bets on a market which should have been suspended, including where the relevant Event is in progress (except where 'in-running' bets are accepted) or had already finished (sometimes referred to as 'late bets');
- where BetVictor should not have accepted, or have the right to cancel or re-settle, a bet pursuant to the Sports Betting Rules;
- where an error is made by BetVictor as to the amount of winnings/returns that are paid to the Customer, including as a result of a manual or computer input error; or
- where an error has been made by BetVictor as to the number of free Sports Bets and/or bonus Casino Wagers that are credited to the Account;
Any event for which a market and outcome is available on the Sports section of the BV Website (which may also include lottery events);
Any actual or attempted fraudulent act which is committed by the Customer or any person acting on Customer’s behalf or collusively with the Customer, including but not limited to
(i) collusion with other Customers;
(ii) the use of stolen credit or debit cards and/or unauthorised use of any payment mechanisms;
(iii) money laundering; and
(iv) any actual or attempted act which is reasonably deemed by BetVictor to be illegal in any applicable
jurisdiction, made in bad faith, or intended to defraud BetVictor and/or circumvent any contractual or legal restrictions, regardless of whether such act or attempted act actually causes BetVictor any damage or harm;
Has the meaning given in Clause 2.1.4;
A check undertaken by BetVictor to verify the Customer’s identity, which may include making a check to a third party in the first instance. This does not affect a Customer’s credit score but will leave a record of the check;
The Customer may also be asked to disclose certain documents to BetVictor, including any of the following: an in-date passport; in-date driving licence; in-date national identity card; utility bill (from the last three (3) months); bank statement (from the last three (3) months); and photo of the Customer holding the passport, driving licence and/or national identity card;
An Account with no Log in or Transactions for ninety-one (91) consecutive days;
Independent Trust Account
A formal trust deed established by BetVictor for the exclusive purpose of holdings Customer funds and to provide a legal and practical separation of Customer funds from the affairs of BetVictor as set out in Clause 6.1.3;
A bet on the outcome of an official lottery draw or random number generated event. Lottery betting is not playing the lottery and there is no affiliation with any of the actual lottery operators on whose draws you are betting;
Eighteen (18) years old or more, or such other higher age at which gambling is permitted in the jurisdiction in which the Customer resides;
An occupation and salary check undertaken by BetVictor in relation to the Customer's affordability to gamble, where the Customer may be required to disclose certain documents to BetVictor, which may include any of the following:
- Wage slip;
- Dividend documentation;
- Tax Return / P60; P
- Pension statement;
- Bank statement showing regular salary payments;
The Sportsbook, Casino Games and Lottery Betting offered by BetVictor;
Any of the following:
- any breach of these Terms;
- Chargebacks, or any associated BetVictor accounts with chargebacks;
- Fraudulent Activity or any other unlawful activity;
- manipulation of the Product by any technical means such as automatic playing of Casino Games with software;
- hacking or otherwise tampering with the BV Website and/or the Product;
- unauthorised access to the betting or gaming software or systems;
- operating an Account which is not registered to the Customer;
- using more than one account or any other multi-account strategy;
- Bonus Abuse; and/or
- any attempt to register false or misleading information to an Account
The registration form completed by the Customer through the BV Website to join the BV Website to be able to use the Product;
Security Contact Details
Attention: Director of Fraud and Security
Correspondence address: BetVictor Limited
Suite 2:01 World Trade Center
The Customer’s username, password, account number, security question, Identity Check details, Age Check details and/or Registration Form details;
A source of funds check undertaken by BetVictor (in relation to the specified benchmarks) where the Customer may be required to disclose certain documents to BetVictor, which may include any of the following:
- Employment: Wage slip; director remuneration documentation; dividend documentation, pension statement; and/or bank statement showing regular salary payments into the account;
- Inheritance: A copy of letter from the executor specifying the amount received as a beneficiary under the will, together with a corresponding bank statement specifying the same amount in the Customer’s bank account within a reasonable period from the date of the executor letter;
- Investment: A copy of the stock transfer form together with a corresponding bank statement for the Customer specifying the same amount shown on the stock transfer form in in the Customer’s bank account;
- Property: A copy of official property transfer form signed and dated by the buyer and seller of the property, together with a corresponding bank statement specifying the sale amount into the Customer’s bank account. Where rental income is received from a property, a copy of the rental agreement together with the corresponding bank statement showing the rent payments in the Customer’s bank account;
- Savings: A copy of the Customer’s bank account statement, or a screenshot of the Customer’s account balance before and after using the Product; and
- Winnings from other bookmakers: A copy of a profit and loss statement from a third-party bookmaker / casino operator in the Customer’s name, to evidence that the Customer has winnings from that third-party bookmaker / casino operator, which the Customer is, in turn, depositing into its Account and using on the Product;
The sports product and virtual product on the BV Website through which a Customer can place a Sports Bet;
A fixed odds wager on the outcome of an Event;
Sports Betting Rules
Has the meaning given in Clause 2.1.5;
These terms and conditions and the Additional Rules, as amended from time to time;
A Customer’s stake plus winnings; and
The following activity by a Customer:
- Sports Bet; or
- Casino Wager.
2. THE TERMS AND LICENCE DETAILS
2.1 THE CUSTOMER’S USE OF THE BV WEBSITE, THEIR ACCOUNT AND THE PRODUCTS, IS GOVERNED BY THESE TERMS AND IS ALSO SUBJECT TO THE FOLLOWING ADDITIONAL RULES WHICH ARE INCORPORATED INTO THE TERMS BY REFERENCE (THE “ADDITIONAL RULES”):
2.1.1 THE ACCEPTED COUNTRIES LIST (WHICH CAN BE ACCESSED HERE);
2.1.2 WITHDRAWING FUNDS POLICY (WHICH CAN BE ACCESSED HERE;
2.1.3 MAXIMUM PAYOUT POLICY (WHICH CAN BE ACCESSED HERE);
2.1.6 the Lottery Betting Rules (which can be accessed here);
2.1.7 SAFER GAMBLING RULES (WHICH CAN BE ACCESSED HERE)
2.2 IN THE EVENT OF INCONSISTENCY BETWEEN THE TERMS AND ADDITIONAL RULES, THE TERMS SHALL PREVAIL.
2.3 BETVICTOR MAY CHANGE ANY OF THE TERMS AND ADDITIONAL RULES AT ANY TIME FOR COMMERCIAL, REGULATORY COMPLIANCE, INSTRUCTIONS, GUIDANCE OR RECOMMENDATIONS OR CUSTOMER SERVICE REASONS.
2.4 WHERE BETVICTOR INTENDS TO MAKE A MATERIAL CHANGE TO THE TERMS, BETVICTOR WILL NOTIFY THE CUSTOMER THROUGH A POP-UP BANNER WHEN THE CUSTOMER LOGS INTO THEIR ACCOUNT.
2.5 TO CONTINUE USING THE PRODUCT AND/OR THE ACCOUNT AFTER ANY SUCH NOTIFICATION, THE CUSTOMER WILL BE REQUESTED TO ACCEPT THE REVISED TERMS VIA THE POP-UP BANNER. IF THE CUSTOMER DOES NOT ACCEPT THE REVISED TERMS, THE CUSTOMER SHOULD CEASE USING THE BV WEBSITE, ACCOUNT AND PRODUCT IMMEDIATELY.
2.6 THE BV WEBSITE THROUGH WHICH THE PRODUCTS ARE OFFERED TO CUSTOMERS IS OWNED AND OPERATED BY BETVICTOR.
2.7 BETVICTOR IS LICENSED AND REGULATED IN GIBRALTAR, GREAT BRITAIN AND THE REPUBLIC OF IRELAND WITH THE FOLLOWING LICENCE DETAILS:
Licensed by: Government of Gibraltar.
Applies to Customers located in: Any country in the Accepted Countries list other than Great Britain or the Republic of Ireland.
Licence numbers: 001 and 014
- Operate remote gambling - fixed odds betting; and
- Operate remote gambling - online casino.
Regulated by: Gibraltar Gambling Commissioner.
Licensed by: Gambling Commission of Great Britain.
Applies to Customers located in: Great Britain only.
Licence numbers: 000-039576-R-319370-016
- provide facilities for real event betting other than pool betting;
- provide betting on virtual events;
- manufacture, supply, install or adapt gambling software;
- operate a casino; and
- provide facilities for virtual event betting other than pool betting or betting on real events; or
- provide facilities for pool betting.
Regulated by: Gambling Commission of Great Britain
Republic of Ireland
Licensed by: Revenue Commissioners.
Applies to Customers located in: Republic of Ireland only.
Licence numbers: 1010233
- Act and carry on business as a remote bookmaker.
Regulated by: Revenue Commissioners.
2.8 BETVICTOR MAY BE CONTACTED GENERALLY ABOUT THESE TERMS USING THE CUSTOMER SERVICES CONTACT DETAILS.
3. DISPUTES AND COMPLAINTS
3.1 DISPUTES / COMPLAINTS RELATING TO SPORTS BETS AND/OR CASINO WAGERS ON BV WEBSITE ONLY
3.1.1 STEP 1: INTERNAL INVESTIGATION
The Customer should contact BetVictor setting out details of the complaint or dispute within twelve (12) months of the date that the dispute / complaint arose, using one of the following methods:
- the chat function on the BV Website;
- the call-back function on the BV Website; or
- email at email@example.com.
The Customer will receive an automated response with receipt of the complaint or dispute. BetVictor will then review the complaint or dispute internally and respond to the Customer fully within fourteen (14) days.
3.1.2 STEP 2: DEPARTMENT MANAGEMENT TEAM REVIEW
Where the customer is dissatisfied with the response provided under step 1, the Customer may request that the Department Manager reviews the original outcome of the complaint/dispute. The Department Management Team will respond to the Customer within fourteen (14) days of the date of the request.
In order to escalate the complaint to step 2, the Customer should contact BetVictor via email and mark the communication “Step 2 Complaint Management Review”.
3.1.3 STEP 3: DIRECTOR OF CUSTOMER SERVICES REVIEW
Where the Customer is dissatisfied with the response provided under Steps 1 and 2, the Customer may request that the Director of Customer Services reviews the original outcome of the complaint / dispute. The Customer should email CSDirectorreview@BetVictor.com. The Director of Customer Services will respond to the Customer within twenty-one (21) days of the date of the request.
In the unlikely event that the Director of Customer Services is unavailable, the complaint will be reviewed by a nominated member of Senior Management.
Complaints to this level will only be reviewed following steps 1 and 2 of the process, all others will be referred back to the relevant step for initial investigations to be completed.
The Steps 1 to 3 process will take no longer than eight (08) weeks from when BetVictor first receives the Customer complaint (the “Maximum Timeframe”). Within the Maximum Timeframe, where a Customer fails to respond to a reasonable request for information within seven (07) days, it may be reasonable to “stop the clock” until such time as the Customer responds. When the Customer has responded, the “clock” will be restarted from the same point as it was stopped.
If an agreement cannot be reached within the Maximum Timeframe, or the Customer and BetVictor reach a deadlock or final position in less than the Maximum Timeframe, then the Director of Customer Services will issue a final letter (the “Final Letter”) to indicate:
(a) BetVictor’s final decision;
(b) that Steps 1, 2 and 3 have been exhausted; and
(c) how to escalate a complaint (as set out in Step 4 below).
Upon receipt of the Final Letter, or if a Final Letter is not issued by BetVictor within the Maximum Timeframe, the Customer can commence the process set out in Step 4 below.
Alternatively, the Customer may send their complaint/dispute to www.Resolver.co.uk (“Resolver”). Resolver is a third-party online company specialising in resolution of issues, in association with www.moneysavingexpert.com. On accessing Resolver and typing “BetVictor” into the company search box, the BetVictor details will appear with a “Get Started” tab and self-explanatory steps as to how the Customer can start the complaint through Resolver (https://support.resolver.co.uk/hc/en-us/requests/new). The service is free of charge for the Customer and BetVictor to use.
3.1.4 STEP 4: INDEPENDENT BETTING ADJUDICATION SERVICE
(A) BETVICTOR ALWAYS SEEKS TO RESOLVE CUSTOMER COMPLAINTS OR DISPUTES INTERNALLY, BUT THERE ARE INSTANCES WHERE THE CUSTOMER AND BETVICTOR CANNOT COME TO AN AGREEABLE SOLUTION. IF CUSTOMER IS DISSATISFIED WITH THE RESULT UNDER STEP 3 ABOVE, THE CUSTOMER MAY REFER THE COMPLAINT OR DISPUTE TO THE INDEPENDENT BETTING ADJUDICATION SERVICE (“IBAS”) FOR INDEPENDENT ALTERNATIVE DISPUTE RESOLUTION. IF THIS CUSTOMER WISHES TO PROGRESS THIS OPTION, IT SHOULD INFORM BETVICTOR, WHO WILL THEN ISSUE THE CUSTOMER WITH A REFERRAL NUMBER (ESSENTIAL TO PROGRESS) TO PRESENT TO IBAS.
(b) What is IBAS?
- IBAS is a free of charge service available to the Customer;
- IBAS is a subscription service to BetVictor, for which BetVictor pays an annual membership;
- IBAS is approved by the Great Britain Gambling Commission to provide informed and impartial adjudications on disputes that arise between licenced gambling operators (BetVictor) and their customers;
- The IBAS process may only be used where the Customer has completed Step 3 above and is not satisfied with the outcome;
- An IBAS rulings is non-binding for the Customer, who is free to pursue any case through the court system after using IBAS;
- An IBAS ruling is binding on BetVictor up to the value of ten thousand pounds Sterling (GB £10,000). Above that threshold, BetVictor may demand that the dispute is heard by a court;
- IBAS will provide a decision within ninety (90) days of the date of referral of the dispute to IBAS; and
- IBAS can be contacted as follows:
Phone: +44 207 347 5883
Postal Address: PO BOX 62639, London, EC3P 3AS, United Kingdom.
(c) Does IBAS cover all types of complaints and disputes?
IBAS does not cover:
- Any dispute relating to the standard of service provided by BetVictor to the Customer, including anything relating to the facilities used where the gambling takes places (i.e. websites);
- Allegations of fixing, cheating or games operated in an unfair manner (which should be referred to the Gambling Commission of Great Britain for Customers located in Great Britain or to the Gibraltar Gambling Commissioner or Revenue Commissioners of Ireland (as applicable);
- Social responsibility standards maintained by BetVictor. IBAS does not consider claims by a Customers that he/she has been allowed to gamble excessively, or that persons under the Minimum Age have been allowed to gamble. These are standards that are policed by the Gambling Commission of Great Britain or the Gibraltar Gambling Commissioner or Revenue Commissioners of Ireland (as applicable); and
- Complaints about bets that were never processed/ refunded or accounts that are restricted or closed, thereby denying the Customer the opportunity to bet. BetVictor is permitted to refuse to accept bets. IBAS will not adjudicate to reinstate a bet that was never struck and where the Customer bore no potential risk had their selection been unsuccessful. However, where a Customer is complaining that their Account has been closed and bets or transactions that have previously been accepted have later been cancelled unfairly, that would fall under the remit of IBAS.
3.1.5 STEP 5: THE ONLINE DISPUTE RESOLUTION SERVICES
The Customer may escalate the matter to the European Online Dispute Resolution Services (ODR) at: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage. The ODR platform is provided by the European Commission to make online shopping safer and fairer through access to quality dispute resolution tools. The ODR is not connected to BetVictor and is available in all EU languages.
3.2 REGULATORY COMPLAINTS
The Customer should follow the below process if it has a regulatory complaint against BetVictor that has arisen within the last twelve (12) months:
3.2.1 Step 1: Internal Investigation
The Customer should follow the same process as set out in Clause 3.1.1 above.
3.2.2 Step 2: Department Management Team Review
The Customer should follow the same process as set out in Clause 3.1.2 above.
3.2.3 Step 3: Director of Customer Services Review
The Customer should follow the same process as set out in Clause 3.1.3 above.
3.2.4 Step 4: Identify Relevant Gambling Commission
The Customer should refer to Clause 2.7 above and identify which gambling commission to contact, using the “Applies to Customers Located In” heading for reference. Please note that it is the Customer’s responsibility to raise the complaint with the relevant gambling commission and complaints which are raised to the incorrect gambling commission may not elicit a response.
3.2.5 Step 5: Contact the Relevant Gambling Commission
The Customer should finally contact the relevant gambling commission, stating that it has a “regulatory complaint against BetVictor”. If the Customer specifies that it is “lodging a dispute against BetVictor”, the Customer would be referred to IBAS for resolution. With specific reference to the Gambling Commission of Great Britain, note that it will not conduct an investigation in the same way as IBAS, so there will not be a published final decision or a financial award to a Customer.
4. SAFER GAMBLING
4.1 BetVictor takes safer gambling very seriously. As part of BetVictor’s commitment to this, it supports safer gambling initiatives, and offers the following safer gambling tools to all Customers:
4.1.1 Deposit Limit Facility
(a) BetVictor offers a deposit limit facility to all Customers whereby a Customer can set a limit on the amount that they deposits in to their Account over a specified period (for example, daily, weekly or monthly etc.).
(b) The Customer can request a deposit limit at the point of registering their account and also at any other time by going to “My Account” or using the chat function.
(c) The Customer may reduce the deposit limit at any time. Any decrease to the deposit limit is processed by BetVictor immediately.
(d) The Customer may also increase their deposit limit at any time. Any request to increase the deposit limit will be processed by BetVictor twenty-four (24) hours from the date and time of the request. The Customer will be asked to confirm the increase in the deposit limit prior to it taking effect.
4.1.2 Time Out Facility
(a) BetVictor offers a time out facility to all Customers whereby a Customer can block access to their Account for a specified period, of a minimum period of twenty-four (24) hours to a maximum period of six (6) weeks. During the time-out period, the Customer will be unable to login, place any Sports Bets and/or Casino Wagers or be able to re-open the Account.
(b) The Customer can request a time out by contacting BetVictor using the Customer Services Contact Details. BetVictor will process a time out request immediately.
(c) Where the Customer uses the time-out facility, it will not affect any Sports Bet and/or Casino Wager placed prior to the time-out period starting.
(d) At the end of the time-out period, the Customer may re-open the Account by contacting BetVictor using the Customer Services Contact Details.
4.1.3 Self-Exclusion Facility
(a) BetVictor offers a self-exclusion facility to each Customer whereby a Customer can close their Account for a specified period between six (6) months to five (5) years. On request, the self-exclusion period may be extended for one (1) or more periods of six (6) months.
(b) The Customer can request to be self-excluded by: (i) completing the ‘Self-Exclusion Form’ located at https://www.betvictor.com/en-gb/sports/self_exclude/new; (i) contacting BetVictor using the Customer Services Contact Details; or (iii) sending an email to firstname.lastname@example.org;
(c) Where the Customer uses the self-exclusion facility but omits to set a time-period for self-exclusion, BetVictor will set the exclusion period at six (6) months.
(d) During the self-exclusion period, the Customer will be unable to re-open the Account and/or place Sports Bets and/or Casino Wagers. Upon closing the Account, BetVictor will repay any outstanding balance on the Account to the Customer using the same method of payment used to deposit funds in the first instance. BetVictor will also take steps to prevent any marketing material being sent.
(e) At the end of the self-exclusion period, the Customer may re-open the Account and place Sports Bets and/or Casino Wagers by contacting BetVictor using the Customer Services Contact Details. Following such a request, BetVictor will apply a twenty-four (24) hour cooling off period before re-opening the Account.
(f) Where the Customer uses the self-exclusion facility, it will not affect any Sports Bet and/or Casino Wager placed prior to the self-exclusion period starting.
(g) Where the Account is closed by the Customer using the self-exclusion facility, the “cash out” facility will not be available to the Customer.
(h) Where the self-exclusion facility is in use by the Customer, the Customer is not permitted to open another Account. However, where the Customer breaches this clause, the requirements set out in sub-clause (j) below shall apply;
(i) The Customer acknowledges that BetVictor has no responsibility or liability whatsoever to the Customer where the Customer continues gambling on the BV Website (or a third-party gaming website) and/or uses the Product by circumventing the self-exclusion process.
(j) If BetVictor discovers that the Customer has continued to use the Product by circumventing the self-exclusion facility, BetVictor may immediately, at its discretion, and without notice to the Customer:
- close the Account;
- repay any outstanding balance on the Account to the Customer using the same method of payment used to deposit funds in the first instance; and/or
- cancel/void all Sports Bets and/or Casino Wagers;
and in such circumstances, the Customer will forfeit all winnings from such Sports Bets and/or Casino Wagers.
4.1.4 Reality Check Facility
(a) BetVictor offers a reality check facility to all Customers whereby a Customer can set a specific time lapse reminder to alert the Customer (through a pop up message which requires positive action from the Customer to remove it) to how long he/she has been playing in Casino Games in a given session.
(b) The Customer can set a reality check at any time by using the Account Overview – Reality Check option in their Account.
(c) The Customer may amend the criteria in the Reality Check Facility at any time.
Where the Customer requires any further support or information in respect of the above tools, or safer gambling generally, the Customer may contact BetVictor using the Customer Services Contact Details or read BetVictor’s Safer Gambling Rules (which can be accessed here).
4.1.6 The Customer may also contact:
(a) GAMCARE who provide information, advice and counselling to individuals, their family and friends who have concerns about problem gambling. GAMCARE’s contact details are as follows: (i) website: www.gamcare.org.uk; (ii) email: email@example.com (iii) helpline: 0808 802 0133; (iv) general: 0207 801 7000; and (iv) address: 1st Floor, CAN Mezzanine Old Street, London, N1 6AH, United Kingdom; and/or
(b) Gamblers Anonymous which is a fellowship of men and women who share their experience, strength and hope with each other that they may solve their common problem and help others to do the same through meetings in the Customer’s local area. Contact details are available here.
5. OPENING AND MAINTAINING AN ACCOUNT
5.1 REGISTRATION FORM
5.1.1 TO SET UP AN ACCOUNT, THE CUSTOMER MUST COMPLETE THE REGISTRATION FORM, IN WHICH THE CUSTOMER WILL BE ASKED TO PROVIDE BETVICTOR WITH THE CUSTOMER CONTACT INFORMATION.
5.1.2 IT IS THE CUSTOMER’S RESPONSIBILITY TO NOTIFY BETVICTOR OF ANY CHANGES TO THE CUSTOMER CONTACT INFORMATION, WHICH CAN BE UPDATED BY EITHER VISITING THE BV WEBSITE OR BY CONTACTING BETVICTOR USING THE CUSTOMER SERVICES CONTACT DETAILS.
5.2.1 THE CUSTOMER ACKNOWLEDGES THAT IT IS AN OFFENCE FOR A PERSON THAT IS NOT THE MINIMUM AGE TO MAKE USE OF THE BV WEBSITE.
5.2.2 AS A RESULT, AND IN ACCORDANCE WITH BETVICTOR’S REMOTE GAMBLING LICENCE OBLIGATIONS, THE CUSTOMER WILL NEED TO PROVIDE BETVICTOR WITH THE INFORMATION SPECIFIED IN THE AGE CHECK, THE IDENTITY CHECK ,THE SOF CHECK AND THE O&S CHECK AND AGREES THAT BETVICTOR MAY USE ANY PERSONAL INFORMATION PROVIDED BY THE CUSTOMER FOR THE PURPOSES OF VERIFYING THE CUSTOMER’S AGE, IDENTITY AND SOURCE OF FUNDS.
5.2.3 BETVICTOR WILL USE THE INFORMATION OBTAINED FROM THE AGE CHECK, IDENTITY CHECK,SOF CHECK AND O&S CHECK TO UNDERTAKE PUBLIC SEARCHES ABOUT THE CUSTOMER TO ENSURE THAT THE CUSTOMER IS ELIGIBLE TO OPEN AN ACCOUNT.
5.2.4 AT ANY TIME WHILE BETVICTOR IS UNDERTAKING AGE, IDENTITY,SOF CHECKS AND O&S CHECKS, BETVICTOR MAY RESTRICT THE CUSTOMER FROM:
(a) withdrawing funds from the Account; and/or
(b) accessing certain parts of the BV Website.
5.2.5 IF THE AGE CHECK HAS NOT BEEN COMPLETED AT THE POINT THE CUSTOMER HAS APPLIED TO REGISTER AN ACCOUNT, THE CUSTOMER WILL BE UNABLE TO MAKE A DEPOSIT OR USE THE PRODUCT UNTIL THE CUSTOMER IS VERIFIED TO BE OF THE MINIMUM AGE. IF, FOLLOWING FURTHER VERIFICATION, IT IS DISCOVERED THAT THE CUSTOMER IS NOT THE MINIMUM AGE, THE ACCOUNT, DEPOSITS AND WINNINGS WILL BE DEALT WITH IN ACCORDANCE WITH CLAUSE 10.2.
5.2.6 DURING THE LIFETIME OF THE ACCOUNT, THE ABOVE PROCESSES MAY BE REPEATED AS OFTEN AS REQUIRED BY BETVICTOR.
5.3.1 WHERE THE RESULTS OF THE VERIFICATIONS UNDERTAKEN BY BETVICTOR PURSUANT TO THE AGE CHECK, THE IDENTITY CHECK AND THE SOF CHECK ARE ACCEPTABLE TO BETVICTOR, THE ACCOUNT WILL BE OPENED AND MAY BE USED BY THE CUSTOMER TO ACCESS AND USE THE PRODUCT IN ACCORDANCE WITH THESE TERMS.
5.3.2 THE CUSTOMER ACKNOWLEDGES THAT IT MAY ONLY HOLD ONE (1) ACCOUNT AT ANY ONE (1) TIME AND THAT DUPLICATE ACCOUNTS ARE NOT PERMITTED.
5.3.3 THE CUSTOMER MUST TAKE ALL REASONABLE STEPS TO AVOID DISCLOSING (WHETHER DELIBERATELY OR ACCIDENTALLY) THEIR SECURITY INFORMATION TO ANYONE ELSE.
5.3.4 BETVICTOR ACCEPTS NO RESPONSIBILITY TO THE CUSTOMER WHERE THE CUSTOMER’S NEGLIGENCE OR DELIBERATE OR FRAUDULENT ACT CONTRIBUTES TO ANY THIRD-PARTY GAINING ACCESS TO THE ACCOUNT OR THEIR SECURITY INFORMATION.
5.3.5 ALL SPORTS BETS AND CASINO WAGERS PLACED USING THE SECURITY INFORMATION WILL STAND AND BETVICTOR ACCEPTS NO LIABILITY TO THE CUSTOMER FOR SUCH SPORTS BET OR CASINO WAGERS PLACED, NOR ANY OTHER USE OF THE ACCOUNT WITH THE SECURITY INFORMATION.
5.3.6 IF THE CUSTOMER SUSPECT THAT THEIR SECURITY INFORMATION HAS BEEN OBTAINED BY A THIRD PARTY, IT IS THE CUSTOMER’S RESPONSIBILITY TO NOTIFY BETVICTOR USING THE CUSTOMER SERVICES CONTACT DETAILS SO THAT THE ACCOUNT CAN BE DE-ACTIVATED.
5.3.7 IF THE CUSTOMER FORGETS THEIR SECURITY INFORMATION, HE/SHE MUST CONTACT BETVICTOR USING THE CUSTOMER SERVICES CONTACT DETAILS SO THAT A NEW PASSWORD CAN BE ISSUED TO THE CUSTOMER VIA E-MAIL.
5.3.8 PURSUANT TO THE SAFER GAMBLING RULES (WHICH CAN BE ACCESSED HERE), BETVICTOR ADVISES THE CUSTOMER THAT IF THEIR COMPUTER OR DEVICE IS USED BY CHILDREN, ANY INFORMATION IN RELATION TO THE ACCOUNT IS KEPT CONFIDENTIAL AND SECURE AND THE CUSTOMER MAY WISH TO MAKE USE OF PARENTAL CONTROL SOFTWARE SUCH AS NETNANNY (WWW.NETNANNY.COM) OR CYBERSITTER (WWW.CYBERSITTER.COM).
5.4 CUSTOMER WARRANTIES
By accessing the BV Website and/or using the Account and Product, the Customer confirms that they:
5.4.1 IS THE MINIMUM AGE AND CAN LEGALLY GAMBLE IN THE TERRITORY IN WHICH THEY RESIDE. THE CUSTOMER IS ENTIRELY RESPONSIBLE FOR COMPLYING WITH THEIR OWN LOCAL, NATIONAL, FEDERAL, STATE OR OTHER LAWS CONCERNING BETTING AND GAMING PRIOR TO OPENING AN ACCOUNT, PLACING ANY BETS, STAKES OR WAGERS OR USING THE PRODUCT. IF THEY ARE LOCATED IN A COUNTRY WHERE USE OF A PARTICULAR SERVICE IS PROHIBITED, THE CUSTOMER MUST NOT (I) REGISTER WITH BETVICTOR FOR THE APPLICABLE SERVICE; (II) ATTEMPT TO USE THAT SERVICE; OR (III) USE THEIR PAYMENT CARD OR OTHER PAYMENT METHOD TO UNDERTAKE BETTING OR GAMING WITH US FOR THE UNLAWFUL SERVICE;
5.4.2 IS LEGALLY CAPABLE OF ENTERING INTO A BINDING CONTRACT AND IS NOT SUFFERING FROM A MEDICALLY DIAGNOSED MENTAL HEALTH ILLNESS;
5.4.3 WILL COMPLY WITH THESE TERMS;
5.4.4 WILL PROVIDE ACCURATE REGISTRATION INFORMATION WHEN OPENING THEIR ACCOUNT, WHICH WILL INCLUDE WITHOUT LIMITATION THEIR FIRST AND LAST NAME, CORRECT DATE OF BIRTH, ALONG WITH VALID IDENTIFICATION EVIDENCING THIS, THEIR COUNTRY OF RESIDENCE, THEIR CURRENT HOME ADDRESS, EMAIL ADDRESS AND PERSONAL TELEPHONE NUMBER. THE CUSTOMER MUST INFORM BETVICTOR OF ANY CHANGES TO THESE DETAILS;
5.4.5 UNDERSTANDS AND ACCEPTS THE RISK THAT, BY USING THE PRODUCT, HE/SHE MAY WIN AND/OR LOSE MONEY;
5.4.6 UNDERSTANDS AND ACCEPTS THAT SPORTS BETS ARE ONLY VALID WHEN ACCEPTED IN ACCORDANCE WITH THE APPLICABLE SPORTS BETTING RULES AND THE GAMING RULES;
5.4.7 HAS NOT BEEN EXCLUDED AND/OR IS CURRENTLY NOT EXCLUDED FROM GAMBLING AND/OR GAMING ACTIVITIES;
5.4.8 ARE OPENING AN ACCOUNT SOLELY FOR THEIR OWN PURPOSES AND THAT THERE ARE ACTING ON THEIR OWN BEHALF AND NOT AS AN AGENT ON BEHALF OF A THIRD PARTY
5.4.9 HAS NOT PREVIOUSLY HAD AN ACCOUNT CLOSED BY BETVICTOR FOR ANY REASON.
5.5 SPECIFIC CONDITIONS FOR CUSTOMERS RESIDENT OR DOMICILED IN GERMANY
Please refer to Annex 1 of these Terms.
6. ACCOUNT TRANSFERS, DEPOSITS AND WITHDRAWALS
6.1 The Customer:
6.1.1 will need to deposit funds into the Account (further details on which are specified in the cashier, when the Customer is logged into the Account) in order to use the Product;
6.1.2 must be the account holder in order to transfer and deposit funds into the Account, otherwise BetVictor reserves the right to treat the transfer and deposit as invalid (and any winnings arising from such transfer and deposit as void);
6.1.3 acknowledges that the Account is not a bank account and shall therefore not use the Account like a bank account. Transfers and deposits should only be made by the Customer with a view to using the Product. The Account is not insured, guaranteed, sponsored or otherwise protected by any deposit or banking insurance system or by any other similar insurance system. No amounts deposited with BetVictor into the Account will attract any interest. We are required by our license to inform our 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, further details of which can be found at: www.gamblingcommission.gov.uk/for-the-public/Your-rights/Protection-of-customer-funds.aspx. We hold customer funds separate from company funds in the Independent Trust Account to ensure that there are always sufficient funds available for Customers to withdraw their balances, even in the highly unlikely event of the insolvency of BetVictor. The account is subject to oversight from either an independent trustee or external auditor. This means that steps have been taken to ensure that Customer funds are repaid to Customers in the event of insolvency. This meets the Gambling Commission’s requirements for the segregation of customer funds at the level: high protection.
6.1.4 is not permitted to make any chargebacks, reversals or otherwise cancel any deposits into the Account and where BetVictor incurs a loss as a result of this activity, the Customer shall reimburse BetVictor in full on demand;
6.1.5 is responsible for reporting its winnings and losses arising from use of the Product to the relevant authorities, to the extent required by local law in the jurisdiction in which it resides;
6.1.6 may request withdrawal of funds from the Account at any time, subject to:
(a) all payments made into the Account being confirmed by BetVictor as cleared;
(b) no payments into the Account being charged-back, reversed or otherwise cancelled;
(c) all verification requirements completed by BetVictor to its satisfaction; and
(d) compliance by the Customer with any other relevant withdrawal conditions affecting the Account (e.g. any applicable Bonus Terms);
6.1.7 SHALL, SUBJECT TO APPROVAL BY BETVICTOR OF ANY WITHDRAWAL, PROVIDE SUFFICIENT INFORMATION TO BETVICTOR AS TO HOW THE FUNDS SHOULD BE TRANSFERRED TO THE CUSTOMER; AND
6.1.8 will need to contact “Live Chat” or email through the Customer Services Contact Details to withdraw any amount under five pounds Sterling (GB £5.00).
6.2.1 will show all transfer, deposits and withdrawals on the Customer’s banking statement as “BV Ltd” and for BACS/telegraphic transfers, as "BetVictor Ltd";
6.2.2 will store credit and/or debit card details that the Customer has entered on the cashier page only in order for the Customer to make subsequent transactions with the same card details;
6.2.3 will tokenise stored card holder numbers in accordance with Payment Card Industry Data Security Standards (PCI-DSS) and only show a truncated card number (the last four digits of the card number) on the cashier page;
6.2.4 delete a Customer’s credit and/or debit card details linked to the Account where they are not used for a period of twenty-four (24) months or more;
6.2.5 will notify the Customer of any changes to the method by which BetVictor stores card holder data in accordance with clauses 2.3, 2.4 and 2.5 of these Terms;
6.2.6 may, where any deposit does not reach BetVictor or is cancelled by the Customer or a third party, void all bonuses, free Sport Bets and winnings accrued or awarded to the Account pursuant to that deposit if BetVictor, in its reasonable discretion, concludes that the deposit was made with the sole intention to reverse bets obtained using the cancelled deposit; and
6.2.7 will attempt to accommodate the Customer’s request regarding the payment method and currency of payment of the withdrawal from the Account. Otherwise, BetVictor may process and pay withdrawals in a different payment method than the one requested by the Customer, such as through different payment providers or via bank transfer (any charges associated with relevant payment methods are set out in the Withdrawing Funds Policy (which can be accessed here)).
7. USE OF THE PRODUCT
7.1 BetVictor may:
7.1.1 alter or amend the Product (including any prices offered) at any time for the purpose of ensuring the on-going provision of the BV Website (save in a way that such amendment would affect any Product in use by the Customer at the time). Access to some parts of the BV Website will be restricted during periods of maintenance and/or alteration or amendment of any of Product; and
7.1.2 report any suspected breach by the Customer of Clause 7.2 below to the relevant law enforcement authorities and will co-operate with those authorities by disclosing the Customer’s identity (if required by applicable law) and in such circumstances, will close the Account immediately.
7.2 The Customer shall not:
7.2.1 corrupt the BV Website;
7.2.2 attempt to gain unauthorised access to the BV Website, the servers on which the BV Website is stored, or any server, computer or database connected to the BV Website;
7.2.3 flood the BV Website with information, multiple submissions or "spam";
7.2.4 knowingly or negligently use any features which may affect the function of the BV Website in any way, for example (but not limited to) releasing or propagating viruses, worms, trojans, logic bombs or similar material that is malicious or harmful;
7.2.5 directly or indirectly disrupt, interfere or tamper (or attempt to disrupt, interfere or tamper) with, remove or otherwise alter in any way, any information in any form which is included on the BV Website; or
7.2.6 attack the BV Website via a denial-of-service attack or a distributed denial-of-service attack.
7.3 The Customer may be provided with software supplied to BetVictor by third parties in order to use the Product and, in such circumstances, the Customer may be required to enter into a separate agreement with the applicable third party. Where there is any inconsistency between these Terms and the separate third-party agreement, these Terms shall prevail; and
7.4 Subject to their right to bring a claim under Clause 16.6, the Customer acknowledges that BetVictor’s random number generator will determine the outcome of the use of the Product and that BetVictor’s server result will prevail at all times.
8. SPORTS BETS AND CASINO WAGERS
8.1 For help placing a Sports Bet or Casino Wager through the Product, the Customer should consult the Help Centre, which is accessible here. If the Customer is in doubt as to whether a Sports Bet has been successfully placed, he/she should contact BetVictor using the Customer Services Contact Details. The Customer may also access their “transaction history” through the Account at any time.
8.2 It is the Customer’s responsibility to ensure that any Sports Bet and/or Casino Wager placed through the Product is correct and placed in accordance with the Sports Betting Rules and the Gaming Rules.
8.3 If the Customer places a Sports Bet via the chat function, the Sports Bet will be confirmed back to the Customer via the chat function and the Customer will be asked to confirm that it is correct.
8.4 The Customer acknowledges that:
8.4.1 a Sports Bet placed through the Product (including the chat function) cannot be cancelled without the written agreement of BetVictor.
8.4.2 all prices marketed through the Product are subject to fluctuation and are available up to the official advertised start time of the relevant Event. Any Sports Bet placed through the Product that is accepted after the advertised start time of the applicable Event, other than Sports Bets on in-running markets (where bets are taken after the Event has commenced), will be void.
8.5.1 may refuse the whole or part of any use of the Product requested by the Customer where the Customer has breached these Terms;
8.5.2 may, at its discretion, elect to accept a Sports Bet through the Product after the relevant Event has begun;
8.5.3 may record all calls, emails, direct messaging and communications sent via the chat function with the Customer for training and security purposes; and
8.5.4 may withhold payment of winnings and declare a Sports Bet on an Event as void if:
(a) the integrity of the Event has been called into question;
(b) the price(s) or pool has been manipulated;
(c) match rigging has taken place; or
(d) there is evidence of a series of Sports Bets each containing the same selection(s) having been placed by or for the same Customer (acting alone or in collusion with other Customers).
Evidence of the above may be based on the size, volume or pattern of Sports Bets placed by the Customer with BetVictor across any or all of its betting channels and BetVictor’s assessment of such evidence will be reasonable, informed and conclusive in this regard. A decision given first by the relevant governing body of the sport in question (if any) and second, by any gambling regulator, will be conclusive. If a Customer owes any money to BetVictor for any reason, BetVictor has the right to take that into account before making any payments to the Customer.
9. PROHIBITED PRACTICES
9.1 The Customer:
9.1.1 shall not undertake any Prohibited Practice;
9.1.2 shall report any person it believes is undertaking a Prohibited Practice using the Security Contact Details and/or Customer Services Contact Details; and
9.1.3 shall cooperate fully with BetVictor in relation to any investigation relating the Customer being involved in a Prohibited Practice;
9.2 If BetVictor discovers that any forms of Prohibited Practices have occurred or are reasonably likely to occur or have occurred, BetVictor reserves the right to:
9.2.1 Close or suspend the Account;
9.2.2 pursuant to clause 9.3, withhold and/or retain any and all amounts which would otherwise have been paid or payable to the Customer (including without limitation any winning or bonus amounts);
9.2.3 take all reasonable steps to prevent and detect Prohibited Practices and to identify the relevant Customer;
9.2.4 seek criminal and contractual sanctions against the Customer if the Customer is involved in the Fraudulent Activity or any other unlawful activity and, to the extent legally permissible, inform relevant authorities, other online gaming or gambling operators, other online service providers and banks, credit card companies, electronic payment providers or other financial institutions of the Customer’s identify and of any confirmed Prohibited Practice by the Customer.
9.3 If BetVictor closes or suspends the Account pursuant to this clause 9, the balance of Customer’s Account will be non-refundable and deemed to be forfeited by the Customer to the extent of any claim that BetVictor may have against the Customer as at the date of such closure.
10. ACCOUNT ISSUES
Further to Clauses 4.1.3(j); 7.1.2; 9.2; 10.2.1; 10.3 and 10.4, BetVictor reserves the right at any time, with or without notice, to close an Account where:
10.1.1 The Customer fails a SOF Check;
10.1.2 The Customer fails an O&S Check;
10.1.3 The Customer fails an Identity Check;
10.1.4 The Customer becomes bankrupt or suffer analogous proceedings anywhere in the world; and/or
10.1.5 a Customer has been closed as a result of safer gambling concerns/obligations in accordance with BetVictor's licence conditions or any other regulatory requirements.
10.1.6 Without limitation to clause 10.1.1; 10.1.2; and 10.1.3, BetVictor reserves the right at its own discretion to close an Account at any time and for any reason.
In this instance, BetVictor will enter into no further correspondence regarding the settlement of outstanding bets or bonuses. BetVictor shall notify the Customer of any winnings relating to such bet (using their registered details), save for where an account has been closed as a result of safer gambling obligations, and BetVictor shall pay such winnings to the Customer. In the event that the Customer’s balance on the Account is£1.00 or less, it will not be returned to the Customer and BetVictor may, at its sole discretion, donate such amount to the GambleAware charity or other registered charity of its choice dedicated to research, education and treatment of problem gambling related issues.
Where the Customer has:
(a) placed all of the necessary qualifying bets for a free bet promotion but not yet used the applicable free bet, the Customer shall be allowed to place the free bet in accordance with the terms on which it was granted; or
(b) placed some but not all of the necessary qualifying bets for a free bet promotion, the Customer shall not be allowed to place the remaining qualifying bets to complete the promotion.
10.2 Underage Customers
The Customer acknowledges that use of the Product by anyone that is not at least the Minimum Age is illegal. Where BetVictor suspects that a Customer is not the Minimum Age, BetVictor will require Age Check documentation from the Customer and may suspend the Account whilst undertaking the Age Check. If any Age Check shows that the Customer is not the Minimum Age, BetVictor shall:
10.2.1 close the Account;
10.2.2 void any Sports Bets and/or Casino Wagers made by the Customer;
10.2.3 retain any winnings the Customer has accrued;
10.2.4 return all funds deposited by the Customer, using the payment method used to deposit the funds in the first instance.
In addition to the above, BetVictor may
10.2.5 exclude the Customer from having an Account for a specified length of time;
10.2.6 report the Customer to the relevant gambling regulator; and
10.2.7 report the Customer to any other relevant authority in the Customer’s jurisdiction, who may refer the matter to the local prosecution authorities.
10.3 Duplicate Accounts
10.3.1 BetVictor reserves the right to close any duplicate account immediately on discovery and without prior notice to the Customer and in such circumstances BetVictor reserves the right to void all bonuses, free bets and winnings accrued using the duplicate account, which shall be forfeited by the Customer, and return all funds deposited by the Customer into the duplicate account using the payment method used to deposit the funds in the first instance.
10.4 Inactive Accounts
10.4.1 BetVictor may restrict any Account which BetVictor considers to be an Inactive Account.
10.4.2 BetVictor shall provide notice in writing to the Customer informing the Customer that their Account has become an Inactive Account which will contain instructions on how to re-activate the Account.
10.4.3 Where the Customer has not had any Transaction for three hundred and ninety-six (396) consecutive days, the Account will enter Dormant Account status.
10.5 Dormant Accounts
10.5.1 BetVictor may restrict any Account which BetVictor considers to be a Dormant Account where such Account does not have a positive balance. Where the Customer has a Dormant Account with a positive balance:
(a) BetVictor shall provide notice in writing to the Customer informing the Customer that their Account has become a Dormant Account.
(b) The Customer may contact BetVictor by email any time at firstname.lastname@example.org during the Dormant Account period to reactivate the Account.
10.5.2 If a Customer account remains in the Dormant Account status for a period of five (05) years from the last Transaction, the Account will be anonymised and any balance on the Account may be donated to the GambleAware charity or other registered charity of BetVictor choice which is dedicated to research, education and treatment of problem gambling related issues.
BetVictor will contact affected customers at least thirty (30) days beforehand to:
(a) remind them in a clear and transparent manner of the size of their balance;
(b) to advise them that they still have a right to access the funds by contacting BetVictor within thirty (30) days; and
(c) to warn them that their accounts will be anonymised if they do not reply or access their account, and funds will be divested to a charity.
10.6 Withholding of funds in Account
BetVictor may withhold the funds in the Customer’s Account:
10.6.1 pending the determination of any internal or external investigation, including any internal or external investigation into a breach or potential breach of these Terms; and/or
10.6.2 as required by law or to comply with any advice, request or instruction from any governmental, regulatory or enforcement authority.
10.7 Restriction on use of Sports
BetVictor may restrict the Customer’s use of Sports through their Account where BetVictor no longer wishes to accept Sports Bets from the Customer, by notifying the Customer (using the Customer Contact Information).
10.8 Deceased Customer
Where a Customer is deceased, subject to the executor of the Customer’s estate providing a copy of the Customer’s death certificate and Identity Check information on the executor, BetVictor shall be happy to discuss the status of and requirements for the Account with the Customer’s executor and will work with the executor on a case by case basis.
11. ACCOUNT CLOSURE BY CUSTOMER
11.1 The Customer may request to close the Account using the Customer Services Contact Details at any time. If the Customer does so, he/she must immediately settle any negative balance on the Account following such request to close the Account, otherwise acknowledges that the Account closure cannot be completed.
11.2.1 will process an Account closure request within twenty-four (24) hours, until which point the Customer shall remain entirely responsible for all activity on the Account;
11.2.2 shall upon the date that the Account is closed, repay any outstanding balance on the Account to the Customer using the same method of payment used to deposit the funds in the first instance; and
11.2.3 may, in certain circumstances, be able to re-open the Account with the same account details as before if the Customer requests BetVictor to do so, subject to the Customer accepting the Terms in force as at the date the Account is re-opened.
12. ERRORS OR OMISSIONS
12.1 Where problems occur in the software and/or hardware used by BetVictor to provide the Product, BetVictor shall take all reasonable steps to remedy the problem as soon as practicable. Where such problems cause a Casino Game to be interrupted in circumstances where it cannot be restarted from exactly the same position without any detriment to the Customer or other users, BetVictor will reinstate the balance on the Account to the position existing following completion of the last recorded Casino Wager or use of Casino Games noted on BetVictor’s server immediately prior to the occurrence of the problem, or take any other measure to ensure that the Customer is not adversely affected by the Error.
12.2 BetVictor will not be responsible for any delays, errors or losses due to failure, breakdown, interruption or malfunction of computer hardware and/or software or internet or other communications media or connection for any reason which is outside of its control.
12.3 BetVictor will use reasonable endeavours to overcome any such event or occurrence so far as possible and reserves the right to cancel any Sports Bet and/or Casino Wager arising as a result of any such event or occurrence.
12.4 A number of circumstances may arise where a Sports Bet and/or Casino Wager is accepted, or a payment is made, by BetVictor in error, including, but not limited to where BetVictor makes an Error.
12.5 The Customer shall inform BetVictor as soon as reasonably practicable should the Customer become aware of any Error.
12.6 BetVictor shall use reasonable endeavours to detect any Errors and inform the Customer of them as soon as reasonably practicable. In respect of any Error, BetVictor will:
12.6.1 in the first instance, declare the bet void and return the Customer’s Sports Bet into the Account; and/or
12.6.2 secondly, correct any Error made on a bet placed and re-settle the same at the correct price or terms which were available or should have been available through BetVictor at the time that the Sports Bet was placed, and the Sports Bet will be deemed to have taken place on the terms which were available for that Sports Bet immediately before the Error occurred.
12.7 Any monies which are credited by BetVictor into the Account, or paid to the Customer as a result of an Error shall be held by the Customer on trust for BetVictor and shall be refunded to BetVictor when a demand for payment is made by BetVictor to the Customer and where the Customer has funds in the Account, BetVictor may retain such funds.
12.8 Where the Customer has used funds which have been credited to the Account or awarded to the Customer as a result of an Error to place subsequent Sports Bets or Casino Wager, BetVictor may cancel such Sports Bets, Casino Wager and/or withhold any winnings which the Customer may have won.
13. INTELLECTUAL PROPERTY RIGHTS
13.1 All website design, text, graphics, music, sound, photographs, video, the selection and arrangement thereof, software compilations, underlying source code, software and all other material contained forming any part of the Product, including all intellectual property rights in the name "BetVictor", logos, designs, trademarks and other distinctive brand features of BetVictor are subject to copyright and other proprietary rights which are either owned by BetVictor or used by BetVictor under licence from third party rights owners. Subject to these Terms, to the extent that any material comprised within the Product may be downloaded or printed then one copy of such material may be downloaded to a single device only (and hard copy portions may be printed) solely for the Customer’s own personal and non-commercial use on an entertainment basis only.
13.2 Under no circumstances shall the use of the BV Website or Product grant the Customer any interest in any intellectual property rights owned by BetVictor or by any third party.
13.3 The Customer must not copy, store, publish, rent, license, sell, distribute, alter, add to, delete, remove or tamper with the BV Website, any part of it including any intellectual property rights affixed to the BV Website, any proprietary software compromising the BV Website and/or any software made available for download without BetVictor’s prior written consent.
14. LIMITATION OF LIABILITY
14.1 Nothing in these Terms excludes the liability of either party for:
14.1.1 death or personal injury caused by a party’s negligence;
14.1.2 fraud (including fraudulent misrepresentation); or
14.1.3 statutory rights.
14.2 The Customer has certain rights under the law. These include:
14.2.1 that BetVictor will provide services with reasonable skill and care and within a reasonable time; and
14.2.2 that the Customer will have a right to repair or compensation for damage to their device or other digital content caused by digital content BetVictor have supplied.
14.3 The Customer has certain legal remedies if BetVictor breaches any of these rights which may apply irrespective of these Terms. Nothing in the Terms is intended to affect these legal rights or other rights to which the Customer may also be entitled.
14.4 Subject to Clause 14.1 and 14.2, BetVictor is not responsible for:
14.4.1 losses not caused by its breach of the Terms;
14.4.2 indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by BetVictor and the Customer at the time of the Customer accepting these terms;
14.4.3 business losses, and/or losses to non-consumers;
14.4.4 losses caused by the equipment and devices the Customer uses to access the BV Website; and
14.4.5 failure to meet any of obligations under these Terms where such failure is due to Events Beyond Control. “Events Beyond Control” means any cause beyond BetVictor’s reasonable control which prevents it from providing the services or fulfilling any of its other obligations under these Terms and includes but is not limited to fire, flood, storm, riot, civil disturbance, war, nuclear accident, terrorist activity and acts of God.
14.5 Save as provided in the Sports Betting Rules, the Gaming Rules and the Lottery Betting Rules and subject to Clause 14.1 and 14.2, BetVictor’s maximum liability arising out of the Customer’s use of the Product (or any part of it), whether such liability arises under breach of contract, tort (including negligence) or otherwise will be limited to:
14.5.1 where BetVictor’s liability relates to a Sports Bet or Casino Wager, the amount of the Sports Bet or Casino Wager placed by the Customer in respect of which BetVictor’s liability has arisen and any winnings resulting from that Sports Bet or Casino Wager;
14.5.2 where BetVictor’s liability relates to the misapplication of funds, the amount of money in the Account that has been misplaced by BetVictor; and
14.5.3 in respect of any other liability of BetVictor, the sum of ten thousand pounds Sterling (GB £10,000).
15.2 BetVictor will co-operate with any law enforcement authorities or regulators or court orders requesting or directing it to disclose the identity of or locate anyone for the prevention or detection of crime or the apprehension or prosecution of offenders. There may be other circumstances in which BetVictor may be required by law to disclose information about the Customer or their use of the BV Website.
16. MISCELLANEOUS PROVISIONS
16.1 These Terms constitutes the entire agreement between the parties relating to the Account and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
16.2 A person who is not a party to these Terms shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms.
16.3 Nothing in these Terms shall be construed as creating any agency, partnership, or any other form of joint venture between BetVictor and the Customer.
16.4 The Customer may not transfer any of their rights or obligations nor sub-contract any of their obligations under these Term in whole or in part.
16.5 If any provision of the terms of these Terms is found by a court or a regulator to be invalid or unenforceable the other provisions shall continue to apply.
16.6 Without restricting the Customer’s statutory rights, these Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation shall be governed by, and construed in accordance with, the law of England and Wales.
16.7 Each party irrevocably agrees that the courts of England and Wales shall have non-exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Account or its subject matter or formation.
ADDITIONAL TERMS FOR GERMAN RESIDENTS
If the Customer is resident, domiciled or accessing the Products from Germany, these are subject to the German Terms and Conditions, which exclude participation in certain Events or Products offered by BetVictor.
- Any Customer found to be accessing prohibited products from Germany will be held in breach of the Terms and all such Sports Bets placed on any prohibited product will be voided and winnings forfeited.
- As of 01 July 2012, in accordance with section 17 Sub Section 2 of the Rennwett-und Lotteriegesetzes legislation, all Sports Bets in Germany is subject to a five percent (5%) tax on stakes (Sportwettensteuer). This tax is applicable to all residents of Germany and anyone placing a Sports Bet within Germany. A five percent (5%) deduction from Total Payout will be made by BetVictor on all winning Sports Bets at settlement to contribute towards this tax. Any tax on losing Sports Bets will be covered in full by BetVictor.
- The Customer also agrees to the following:
"I hereby consent to the disclosure of my personal data to SCHUFA (SCHUFA Holding AG, Kormoranweg 5, D-65201 Wiesbaden) for the purpose of verifying my identity. I understand that SCHUFA will then report the degree of conformity of the data provided by me with the data contained in its records as a percentage and, if applicable, the advice of a proof of legitimisation backed by an identity card, executed by SCHUFA or another contract partner in the past to BetVictor. On the basis of the results provided by SCHUFA, BetVictor may thus determine whether an individual is registered in the SCHUFA database at the address indicated by me. No further data will be exchanged. No alternative addresses will be reported, nor will my data be stored in the SCHUFA records. Only the fact that my address has been checked will be kept on record by SCHUFA.” Further information is available at https://www.meineschufa.de/index.php