PINK CASINO TERMS AND CONDITIONS
VERSION 5.12
DATE: 14th November 2024
PINKCASINO TERMS AND CONDITIONS
IMPORTANT INFORMATION
PLEASE READ THIS INFORMATION BEFORE YOU MOVE ON TO THE REMAINDER OF THE TERMS AND CONDITIONS.
Everything contained in the Terms and Conditions (see clause 1.1 below for how “Terms and Conditions” is defined) is important and should be read by you, but we would like to draw your attention in particular to the following clauses in these General Terms (also defined in clause 1.1 below) and the important terms that they contain. These clauses have the potential to seriously affect your interests. You must read the clauses themselves and not rely on the short summaries below:
• Clause 3.2 – Maximum Payout Limits: maximum payout limits apply to some of the Services (see clause 1.1 below for how we define “Services”). This means that, regardless of the amount you stake and no matter how much you appear to have ‘won’, you will only be entitled to receive up to the maximum winnings limit applicable to the relevant Service you have participated in or bet on. Please read clause 3.2 carefully.
• Clause 6 – Duplicate Accounts: you may open only one Account (“Account” is defined in clause 5.1 below). If we discover that you hold more than one Account, we will have certain rights including the right to close your Account(s), to void winnings, and (depending on the particular circumstances) to retain all or part of the positive balance on your duplicate Account(s). Please read clause 6 carefully.
• Clause 8 – Verification and Other Checks: we need to ensure that you are the person who you claim to be. To do this, we will need to complete verification and other checks as required by law at various times before allowing you to do certain things in connection with your Account, including placing bets or wagers or withdrawing funds. Where we are unable to verify that the person operating the account is who they claim to be and/or whether the payment method belongs to you as the Account holder and/or that the funds being used by you are your funds and are earned legitimately, we are obliged by law to suspend or close your Account and/or pass on any necessary information to the relevant authorities. Please read clause 8 carefully and for further information please see Gambling Commission website information here.
• Clause 9.8 – Withdrawals: you will usually be able to withdraw your available real money balance at any time, but there are certain circumstances in which we are required by law to delay or reject withdrawals by you. This includes where we are unable to verify that you are who you claim to be and / or that the funds in your Account or registered payment method belong to you. Please read clause 9.8 carefully.
• Clause 10 – Prohibited Practices: there are things that you may not do in connection with your Account, the Website and the Services (which we refer to as "Prohibited Practices"), for example cheating, colluding with others, allowing others to use your Account, using illegitimate or stolen funds, funding your Account directly or indirectly from a third party payment method, or providing untrue/misleading information to us (including by providing incorrect account information, as detailed further in Clauses 5.4 and 8.1 below). If you do these (and certain other) things, we have various rights against you (which are summarised in the bullet below) and you may be responsible to us for any losses we incur as a result of your behaviour. Please read clause 10 carefully.
• Clause 11 – Suspension/Closure of your Account by Us: if you partake in any Prohibited Practices, we will have rights against you, including the right to suspend and, ultimately, to permanently close your Account, to cancel/void relevant bets, and to withhold relevant/attributable winnings. Please read clause 11 carefully.
• Clause 13 – Liability: when you play with us, it is important that you understand what we are liable for, when limits to our liability will apply (and what those limits are), and what we are not liable for. It is also important that you understand that we will not be liable to you under the Terms and Conditions, and nor do we owe you a duty of care, in respect of our compliance or non-compliance with any regulatory obligations that we may be under from time to time including those relating to safer gambling. Please read clause 13 carefully.
• Clause 17 – Errors, Interruptions and Malfunctions: all our gambling software is tested carefully but computer software and systems are never perfect. Mistakes of odds and pricing can also be made in betting markets. If any part of the Website or the Services suffers a software error, or presents incorrect information to you such as incorrect terms or winnings, we have the right not to pay you out. This includes circumstances where the problem is not obvious to you and is only discovered by us when we check or verify the result of a transaction. Please read clause 17 carefully.
• We may sometimes take actions in relation to your Account for legal or regulatory reasons including where we are required to do so by the terms of our licence and/or a regulatory authority. These actions include undertaking certain verification Checks (defined in clause 8.3), restricting, suspending or closing your Account (see clause 11.5), and/or preventing you from taking up/participating in Promotions (defined in clause 3.1(c)) and/or from completing Promotions (see clause 18.2).
1. GENERAL
1.1. These general terms and conditions (these “General Terms”) together with the documents referred to in them (together the “Terms and Conditions”) apply to and govern the relationship between you and LeoVegas Gaming PLC (“LeoVegas”, “we”, “us” or “our”) when you access and use the website located at https://www.pinkcasino.co.uk/ and/or its mobile applications that we own or operate (together the “Website”) and (if applicable) participate in, use or access any of the betting or gaming products made available via the Website (together, the "Services").
1.2. In the Terms and Conditions, “you” means you, as a user of the Website and/or the Services and “your” shall be interpreted accordingly. By checking “I agree that I am at least 18 years old, that I agree with the privacy policy and have read and accept the terms and conditions” (or similar words) when registering for an Account (defined in clause 5 below) and/or by otherwise using or accessing any of the Services and/or any section of the Website, you will be agreeing to the Terms and Conditions, which are binding on you.
1.3. As noted in the “Important Information” section above, you must read, understand and agree to the Terms and Conditions before accessing or using the Website, registering for an Account, or using any of the Services. If you do not understand or agree with any of the Terms and Conditions then you may not access or use the Website, register for an Account, or use any of the Services. In particular, if you have not read and understood the “Important Information” section above and the clauses to which it refers, or if you do not agree with any of those clauses, you should not use the Website, register for an Account, or access any of the Services.
1.4. If you have any questions regarding the Terms and Conditions, the Website and/or the Services, please contact our Customer Support team (see clause 18 below for how to get in touch).
2. WHO WE ARE
2.1. As noted above, we are LeoVegas Gaming Plc. Our registered office is at Level 7, The Plaza Business Centre, Bisazza Street, SLM 1640, Sliema, Malta (registered company number C59314).
2.2. We are licensed and regulated by the Gambling Commission of Great Britain under account number 39198 in respect of customers located in the United Kingdom. As we made clear in the "Important Information" section above: notwithstanding our regulated status, we will not be liable to you under the Terms and Conditions, and nor do we owe you a duty of care, in respect of our compliance or non-compliance with any regulatory obligations that we may be under from time to time including those relating to safer gambling.
2.3. The term “Group” refers to MGM Resorts International and any direct and indirect subsidiaries thereof from time to time (including us).
3. OTHER IMPORTANT TERMS AND POLICIES
3.1. Not all of the legal terms and conditions that apply between you and us are set out in these General Terms – some of them are contained in separate documents in order to avoid these General Terms becoming too long. We cross-refer to these other documents and provide you with links to them at the relevant places. They are nevertheless important terms which form part of the legal contract between you and us, and you should read and understand them just like the rest of these General Terms. These cross-referenced terms which (together with these General Terms) form the Terms and Conditions include the following additional terms, rules and policies:
a) any applicable Service rules, which contain the rules that apply to the particular Services, and which also contain important terms relating to (among other things) any maximum payout limits that apply to the relevant Services – see the note above in the “Important Information” section and also clause 3.2 below; and
b) any individual terms and conditions and/or rules (“Promotion Terms”) which apply to promotions, bonuses and special offers which we may offer via the Website from time to time (together “Promotions”).
3.2. Please note that payout limits may apply to some or all of the Services. A "payout limit" is where there is a limit on what you can win in respect of a particular Service, for example a particular sporting event, bet, combination of bet, or game. Payout limits vary depending on the Service in question and will apply regardless of the stake and the amount that you may appear to have ‘won’. Please refer carefully to the applicable Service rules to check whether any payout limits apply and, if so, what those limits are.
3.3. Information about the types of information that you provide to us or that we collect from you, what we do with that information, and the use of cookies on the Website can be found in our Privacy Policy.
4. CHANGES TO THE TERMS AND CONDITIONS
4.1. We may from time to time change the Terms and Conditions for a number of reasons, including in order to comply with applicable laws and regulations and/or to keep up to date with changes to the Website, the Services we offer, and/or our business practices.
4.2. All material changes to the Terms and Conditions will be notified to you via an onsite notification on your next login and/or via email notification. Your continued use of the Website, your Account and/or any of the Services following notification of any such change(s) will constitute acceptance of the Terms and Conditions as modified. If you do not agree to a material change to the Terms and Conditions, you should not continue to use the Website, your Account or any of the Services and you should contact our Customer Support team so that your Account can be closed and any deposited funds returned to you (subject to any rights we may have under the Terms and Conditions to withhold funds).
4.3. We may also from time to time make minor/non-material changes to the Terms and Conditions. These changes will not necessarily be notified to you and so you should check the Terms and Conditions regularly for any such changes. Your continued use of the Website, your Account and/or any of the Services following any such change(s) shall constitute acceptance of the Terms and Conditions as modified.
5. ACCOUNT REGISTRATION AND ACCOUNT RULES
5.1. In order to use the Services, you will need to register for and open an account ("Account"). You can do this via the Website by following the on-screen instructions.
5.2. As part of the Account registration process, you will need to provide us with certain personal information ("Registration Details") – see clause 8.1 below.
5.3. To open an Account, you must be over the age of 18 and we will ask for proof of your age during the registration process. Underage gambling is a criminal offence. Please refer to clause 8 below for more information about our verification procedures, including what happens if we discover that you are underage.
5.4. In registering for an Account, you promise that:
5.4.1. you understand and accept the risk that, by using the Services, you may win or lose money;
5.4.2. you are located in the United Kingdom;
5.4.3. you are at least 18 years of age;
5.4.4. you have not been excluded from gambling – whether voluntarily or otherwise;
5.4.5. you are opening an Account solely for your personal use and you are not acting on behalf of someone else (including by opening an Account in someone else’s name);
5.4.6. you are the rightful owner of the money which you at any time deposit in your Account and (in particular but without limitation) you are not depositing money originating from criminal and/or other illegal activities;
5.4.7. you are not depositing money through a payment method which is neither in your name nor owned by you;
5.4.8. you are not depositing money through any third party payment method or which is directly funded by a third party payment method;
5.4.9. all the Registration Details are correct and complete;
5.4.10. you understand that officers and employees of the Group are not allowed to participate in any Services, and you confirm that you do not fall into any of these categories; and
5.4.11. you have not previously held an Account which has been closed by us for any reason, and you have not previously held an account with another member of the Group which has been closed by that Group member for any reason.
5.5. It is your responsibility to ensure that at all times you comply with all laws and regulations in any jurisdiction where you are located.
5.6. We are entitled to refuse to register and open an Account for any reason and, if we do so, we shall not be obliged to provide you with any reason/s.
5.7. If we discover that any Registration Details provided by you are incorrect or misleading, we will either refuse the registration, or (where you have already successfully registered) we will have the right to suspend and, ultimately, close your Account under clause 11.2 below.
6. DUPLICATE ACCOUNTS
6.1. You may only open one Account. If we discover that you have opened more than one Account, each such additional Account shall be classified as a "Duplicate Account".
6.2. If we discover that you hold one or more Duplicate Accounts, we will be entitled (in respect of each Duplicate Account):
6.2.1. to close the Duplicate Account, leaving you with only the original Account (unless we have reason – for example if you have deliberately or fraudulently opened more than one active Account – to close all your Accounts) and to treat all bonuses and free bets, and all winnings accrued from such bonuses and free bets, obtained using the Duplicate Account as void;
6.2.2. to void all unsettled and/or future bets/wagers made on the Duplicate Account; and
6.2.3 if we determine (acting at all times fairly) that you have deliberately or fraudulently opened more than one active Account, to retain all or part of the positive balance of the Duplicate Account.
7. ACCOUNT DETAILS AND SECURITY
7.1. During the registration process we will request a username and password from you for security purposes. The username and password must be kept private and secure by you at all times. Failure to do so could lead to unauthorised activities on your Account. Transactions made using your username and password are accepted by us on the understanding that they have been made by you. If someone else has accessed your Account then, unless this is as a foreseeable result of our own failure to exercise reasonable care, we accept no liability for monies or information lost or misused.
7.2. You agree that you are solely responsible for all use of the Website and for any access to or use of any of the Services through your Account, whether or not these activities have been authorised by you (unless this is as a foreseeable result of our own failure to exercise reasonable care). If you believe your username and password are being used by a third party, you must immediately notify our Customer Support team.
7.3. If any of your Registration Details or financial information relevant to your Account change (such as your debit card details), you must inform us immediately, as failure to do so may result in transactions being declined by your financial institution. You can update some of your Account information by accessing the 'My Account' facility on the Website. In other cases you will need to contact our Customer Support team to request that your details be changed for you. We will not accept any liability or responsibility for transactions which are declined as a result of incorrect details where you have failed to make us aware of any changes/correct details. Should your payment method be lost, stolen, be converted to or used as a business account, or any of your credentials compromised, you must notify us immediately by contacting our Customer Support team.
8. CUSTOMER VERIFICATION AND MONEY LAUNDERING REQUIREMENTS
8.1. The following information must be provided during the Account registration process:
8.1.1. first and last name;
8.1.2. residential address;
8.1.3. date of birth;
8.1.4. gender;
8.1.5. valid email address and contact number; and
8.1.6. your chosen username and password.
8.2. You will not be permitted to gamble until we have verified your name, address and date of birth as we need to ensure you are who you claim to be.
8.3. You accept that we will perform checks such as identity, credit and other verification checks from time to time before allowing you to do certain things in connection with your Account (including placing bets or wagers or withdrawing funds) as we may reasonably require and/or as may be required by applicable laws and regulations and/or by the relevant regulatory bodies and/or are as further detailed in Clause 8.4 to (and including) Clause 8.7 (together the "Checks").
8.4. You agree that from time to time, upon our request, you may be required to provide us with valid identification documents and/or other documents/information so that we can carry out the Checks. You agree to provide all such requested documents/information and you accept that, until we have received the requested documents/information and satisfied the Checks to our reasonable satisfaction, we are entitled to restrict your Account in any manner that we reasonably deem appropriate, including by preventing you from placing any bets or wagers, or temporarily from withdrawing your funds. If our Checks cannot be completed to our reasonable satisfaction, or we are unable to verify that you are who you claim to be and/or that the payment method used belongs to you and/or that funds in your Account are your funds that are from a legitimate source, we will ultimately close your Account and pass on any necessary information to the relevant authorities.
8.5. The identification documents that we may request that you provide to us to verify your identity include, but are not limited to:
8.5.1. a form of personal ID (for example - passport/driving licence); and/or
8.5.2. proof of address (for example - bank statements/utility bills).
8.6. We may also from time to time require you to provide us with further documents and information relating to the source of deposited funds, your payment method(s), and/ or your personal and/or financial circumstances. These documents may include, but are not limited to:
8.6.1. bank statements;
8.6.2. payslips;
8.6.3. P60/tax returns;
8.6.4. company accounts;
8.6.5. shareholder dividend statements;
8.6.6 evidence of inheritance;
8.6.7. evidence of rental income;
8.6.8. evidence of winnings (e.g. from another operator); and/or
8.6.9. evidence of sale of assets (e.g. property sale).
8.7. If we discover (after you’ve successfully opened an Account) that you are under 18 years of age:
8.7.1. your Account will be closed;
8.7.2. all transactions made via your Account will be void;
8.7.3. all funds deposited by you will be returned to you using the same payment method used for the deposit of such funds, wherever possible; and
8.7.4. we may make a report to the relevant regulatory authority.
9. DEPOSITS AND WITHDRAWALS
Deposits
9.1. When you open an Account, we may require you to make a minimum deposit in order to participate in the Services. Once you have deposited, you can then wager up to the amount available in your Account.
9.2. You will not be able to make a deposit until your name, address, and date of birth have been verified.
9.3. You can make deposits into your Account by accessing the 'deposit' option in the ‘My Account’ section of the Website.
9.4. The first name and surname on your chosen payment method from which you deposit money into your Account must match the first name and surname registered (and verified) on your Account. You must only use authorised payment methods which are registered in your own name and over which you have full authority and permission to use. For the avoidance of doubt, this means that (a) you cannot use a corporate or business card for which you are an authorised user but not the legal account holder, as the funds from such an account are considered third party funds; and (b) where your chosen payment method is a money service business, such as a digital or e-wallet (“Digital Wallet”), you must ensure that any payment method attached to the Digital Wallet matches the first name and surname on your Account. It is your responsibility to ensure that you comply with this requirement and we accept no liability where this is not the case.
9.5. It is advised that you avoid using any payment method for any business which you operate as a sole trader. Whilst we recognise that such payment methods may be in your name and contain your funds, they may become subject to detailed verification checks to ensure that the payment method is not connected to a business which holds third party funds (that is funds not belonging to you), including but not limited to funds held on trust for or on behalf of such third parties. Use of sole trader payment methods containing third party funds will result in detailed verification checks and should misuse of such third party funds be suspected, we reserve the right to take action on your account in accordance with clause 11.
9.6 We may use third party payment service providers ("PSPs") to process deposits and withdrawals from your Account. You authorise us to use PSPs, as necessary, to process transactions.
9.7. We do not accept the use of credit cards. This means you may not use any credit card to deposit funds into your Account. This includes depositing into your Account via a Digital Wallet, where the original source of the deposited funds is a credit card.
9.8. We are not a bank or financial institution, and the balance held in your Account will not earn interest in your favour. We do not offer any credit facilities.
Withdrawals
9.9. You may withdraw your own real money deposits and winnings held in your Account at any time, provided that:
9.9.1. all payments made into your Account have been confirmed as cleared and have not been charged-back, reversed or otherwise cancelled;
9.9.2. we have completed any Checks to our reasonable satisfaction (see clause 8 above). Where we have requested information from you to carry out the Checks, any delay in providing this information may cause an additional delay when withdrawing funds; and
9.9.3. there is currently no ongoing, or completed, investigation:
a) into an Error, Malfunction or Interruption (as those terms are defined in clause 17 below) involving a Service which you have played/wagered on or participated in; or
b) where we have reason to believe you may have engaged in an illegal or Prohibited Practice (defined in clause 10.1 below) which would entitle us to withhold funds in accordance with clause 11.1 below, and in both these cases you acknowledge and understand, as we made clear in the “Important Information” section at the beginning of these General Terms, that we will void any affected transactions, withhold and/or retain relevant/attributable winnings, and (in the case of Prohibited Practices) suspend and (if applicable in the circumstances) ultimately permanently close your Account with us.
9.10. Please note the following:
9.10.1. wherever possible, we will process your withdrawals using the same payment method you used to make your deposits. Where we are unable to do so, we may contact you to request alternative payment details from you. Withdrawal payments may only be made in the name of and to the registered Account holder and will not be made to a third party payment method;
9.10.2. withdrawal by wire transfer can only be made to a United Kingdom bank account in your name;
9.10.3. withdrawal by DBT (Direct Bank Transfer) can only be made to a foreign (i.e. non-UK) bank account in your name;
9.10.4. we do not offer withdrawal by cheque;
9.10.5. withdrawals of less than £10 can be requested by contacting our Customer Support team; and
9.10.6. winnings cannot be transferred, substituted, exchanged or redeemed for any other prize.
Protection of funds
9.11. We are required by our licence 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.
9.12. Customers' real money balances are retained in a segregated bank account distinct from those bank accounts used by us to operate our business. The account in which we hold customers’ real money balances is protected in the case of our insolvency. This meets the Gambling Commission of Great Britain's requirements for the segregation of customer funds at the level: medium. Further details can be found here.
10. PROHIBITED PRACTICES
10.1. The following practices are considered "Prohibited Practices":
a) if you are accessing (or attempting to access) the Services whilst located in any territory other than the United Kingdom (including if you use a VPN or any similar technology to disguise your location);
b) if you use a credit card or other credit based payment method as a source of funds in connection with your Account;
c) if you use a payment method (whether directly or via a Digital Wallet) of any kind which is not in your name to deposit into your Account, irrespective of whether you have the payment method owners authority to do so;
d) if you use a stolen, cloned or otherwise unauthorised payment method as a source of funds in connection with your Account, or if you deposit money originating from non-legitimate, criminal and/or other illegal activities;
e) if you manipulate any bonus functionality (as defined in clause 10.5 below);
f) if you use the Website and/or Services other than for your personal use;
g) if you allow or permit (whether intentionally or unintentionally) someone else to use your Account;
h) if the name registered on your Account does not match the name on the payment method used to make deposits on that Account;
i) if you deposit money through a payment method which is attached or belongs to a third party corporate or business account (including a business where you may be a sole shareholder);
j) if you become bankrupt;
k) if we have reason to believe you are involved in collusion or cheating of any kind;
l) if you exploit an Error, Malfunction or Interruption (including if you continue to use a Service once it is apparent or obvious to you or you suspect that an Error, Malfunction or Interruption may be occurring);
m) if you engage in any aggressive, obscene or otherwise offensive behaviour towards any of our staff;
n) if your Account is being used in any manner which we consider (acting reasonably) to be fraudulent, dishonest or criminal;
o) if you provide any false, incorrect, incomplete or misleading Registration Details to open your Account, or make any subsequent changes to such information which are false, incorrect, incomplete or misleading (including, without limitation, to avoid GAMSTOP identification and circumvent self-exclusion) (except where you provide any incorrect or misleading information in order to pass relevant age-verification Checks, which situation will be dealt with as described in clause 8.7 above);
p) if you provide any false, incorrect, incomplete or misleading documentation, including to complete our Checks (as defined at clause 8.3 above);
q) if you employ or make use of a system (including machines, computers, software or other automated systems such as ‘bots’) to gamble with us or to circumvent or exploit our bookmaking or gaming systems;
r) if we have received a “chargeback” and/or a "return" in connection with your Account;
s) if we discover that you have a criminal background or you are convicted of a criminal offence; and/or
t) if you seriously breach the Terms and Conditions in any other way.
10.2. You agree that you shall not participate in or be connected with any form of Prohibited Practice in connection with your access to or use of your Account, the Website and/or the Services.
10.3. We will take all reasonable steps to prevent and detect Prohibited Practices and to identify the relevant users concerned if they do occur. Notwithstanding the foregoing sentence, however, we will not be liable for any loss or damage which you may incur as a result of engaging in any Prohibited Practices. Furthermore, you agree that you will be responsible for any losses, expenses or other costs that we incur as a result of any Prohibited Practices on your part.
10.4. If you suspect a person is engaged in any Prohibited Practice, you must report it to us as soon as possible by getting in touch with our Customer Support team.
10.5. For the purposes of this clause 10, "manipulating bonus functionality" includes the following behaviour:
a) ‘Tier 2’ strategy whereby a player seeks to increase the bonus amount awarded by initially staking on a non-contributing or low contributing game before transferring winnings to a contributing game;
b) delaying the playing of a game round until after the wagering requirement for the bonus has been met, and/or the player has deposited new funds. This includes all bonus and/or free spin modes and features which may arise as a result of wagers made using the player’s bonus balance; and/or
c) equal, zero or low margin bets or hedge betting.
11. SUSPENSION/CLOSURE OF YOUR ACCOUNT BY US
11.1. We are entitled to close your Account at any time for any reason by giving you no less than fourteen (14) days’ written notice. Any balance in your Account at the time of such closure or any closure under clause 11.2 below will be paid back to you, except that:
a) if you have engaged in illegal activity, we are under no obligation to pay to you any money that may be in your Account; and
b) if we discover or have reasonable grounds to believe that you have participated in or have been connected with any form of Prohibited Practice then we will withhold all or part of the balance and (if applicable) recover from your Account deposits, payouts, bonuses, and/or any winnings, in each case to the extent attributable to those Prohibited Practices.
11.2. In addition to our right to suspend/close your Account under clause 8.4, we will suspend your Account where we have reason to believe that you have engaged in any Prohibited Practice and your Account will remain suspended while the matter is investigated and we may contact you to request further information/documentation from you. If our investigation results in our decision (acting reasonably) that the issue has been resolved to our satisfaction, we will lift the Account suspension. If our investigation results in our decision (acting reasonably) that you have engaged in any Prohibited Practice, we will permanently close your Account with immediate effect. In these circumstances, your details may be passed on to any applicable regulatory authority or any other relevant external third parties.
11.3. Your funds cannot be accessed or withdrawn during periods of suspension, and any balance will remain in the Account pending completion of our investigation.
11.4. If we suspend your Account in accordance with clause 11.2, or close your Account because you have engaged in any Prohibited Practice, (a) we will be entitled to inform the other companies within the Group, and (b) any other member(s) of the Group will be entitled to close any account(s) you may hold with them. Likewise, if we are informed by any other company within the Group that your account with them has been closed because you have engaged in any prohibited practice with respect to that account, that prohibited practice will be deemed a Prohibited Practice for the purposes of the Terms and Conditions and we will be entitled to close your Account with us.
11.5. As we made clear in the “Important Information” section above, we may also from time to time restrict, suspend, or close your Account if required to do so for regulatory or legal reasons and/or to comply with the terms of our licence.
12. CLOSING YOUR OWN ACCOUNT
12.1. You may close your Account at any time by using your Account settings or by getting in touch with our Customer Support team.
12.2. Upon Account closure by you, any funds in the Account will be remitted to you except where the Terms and Conditions permit us to withhold payment. If you have placed any bets in relation to events which have not yet taken place at the time of you closing your Account, these bets will still stand and, if these bets subsequently win, the winnings will be sent to you once the outcome of the bet is known (except where the Terms and Conditions permit us to withhold payment).
13. LIABILITY
13.1. This clause will not – and is not intended to – exclude or limit our liability for anything which it would be unlawful for us to exclude or limit. In particular (but without limitation) nothing in the Terms and Conditions will operate so as to limit or exclude our liability for:
a) personal injury or death caused by our negligence or the negligence of our employees, agents or subcontractors;
b) fraud or fraudulent misrepresentation;
c) any breach by us of your statutory rights as a consumer; or
d) any other liability which may not be excluded by applicable law.
13.2. Subject always to clause 13.1 above, we accept no liability for any damages or losses which arise out of or in connection with your use of your Account, the Website and/or any of the Services, including as a result of any Error, Interruption or Malfunction.
13.3. As we made clear in the "Important Information" section at the top of these General Terms, we will not be liable to you under the Terms and Conditions, and nor do we owe you a duty of care, in respect of our compliance or non-compliance with any regulatory obligations that we may be under from time to time including those relating to safer gambling.
14. SAFER GAMBLING
14.1. As a responsible operator, we recognise that gambling can become a problem for some users.
14.2. We provide our users with the facility to exclude themselves from using the Website and the Services and/or to use other safer gambling tools that we offer, such as time-outs, reality checks, and setting financial limits in relation to their gambling.
14.3. We encourage you to read our safer gambling policy which provides details of all the tools we offer.
14.4. We also encourage you to seek help or support if you are in any way uncomfortable or concerned with your gambling, and you will find details of third-party services and organisations who you can contact in our safer gambling policy.
14.5. To ensure compliance with our regulatory obligations, we may need to enforce certain limitations (for example, financial limits) or suspend/close your Account.
14.6. Although we will use all reasonable endeavours to enforce our safer gambling tools, we do not accept any responsibility or liability if you nevertheless continue gambling and/or seek to use the Services with the intention of deliberately avoiding the relevant measures in place and/or we are unable to enforce our measures/policies for reasons outside of our reasonable control.
Self-exclusion:
14.7. If you wish to restrict your gambling, we provide a voluntary self-exclusion facility. you may instruct us to exclude you from participation in the Services by contacting our Customer Support team, or via the Safer Gambling section of the ‘My Account’ section of the Website when logged into your Account.
14.8. Use of our self-exclusion facility will result in your Account being blocked for a period of time as selected by you and we will not accept wagers from your Account, or any other linked account operated by the Group, after confirmation that your self-exclusion request has been received. All wagers placed on your Account prior to the period of self-exclusion however will stand, win or lose.
14.9. Self-exclusion is for a minimum period of 6 months. The period of self-exclusion may be extended for further periods of at least 6 months up to 5 years.
14.10. To reactivate your Account, which is only possible after the period of self-exclusion has expired, our Customer Support team will require a request from you via live chat and then one of our Customer Support team will contact you via telephone. All requests for reactivation after a period of self-exclusion will be given a 24 hour “cooling off” period before the Account can be reactivated.
14.11. Self-exclusion will be applied to all accounts you hold on sites operated by the Group and we encourage users to extend their self-exclusion to any gambling accounts you may hold with other operators. You may also wish to consider registering with GAMSTOP to restrict your online gambling activities.
14.12. During your period of self-exclusion, we will take all reasonable steps to prevent you from opening any new accounts on sites operated by the Group. However, having implemented all reasonable checks and safeguards to ensure that whilst you are self-excluded you cannot use or open an account we shall not be liable for any losses you or any third party may suffer if you circumvent our self-exclusion procedures and continue to use the Services during a period of self-exclusion or if you continue to gamble with any third party. You must inform us as soon as you become aware of any errors in respect of your self-exclusion or of any player protection mechanisms we make available to you.
14.13. Following a self-exclusion request, we will use all reasonable efforts not to send you any further marketing materials and, in any event, will ensure that we will not send you any further marketing materials after 48 hours of your self-exclusion request.
Time out:
14.14. If you wish to take a shorter break from gambling, of between one day and six weeks, then you can apply a time out to your Account.
14.15. When you set a time out with us we will close your Account for the specified period. You may wish to withdraw any funds from your Account before you start a time out. Any balance on your Account will not be automatically refunded to you once a time out has started and you will need to contact our Customer Support team if you wish to make a withdrawal.
14.16. Whilst your Account is timed out, we will use all reasonable efforts not to send you any further marketing materials and, in any event, will ensure that we will not send you any further marketing materials after 24 hours of your time out request.
14.17. To set a time out on your Account, please select a period within the ‘Safer Gambling’ section of the Website.
14.18. Following the end of your time out period, your Account will automatically be reopened and you will be able to login to your Account.
Reality checks:
14.19. If you wish to receive an on-screen reminder of the length of time you have been playing this can be set enabled in the ‘My Account' section of the Website.
Financial limits:
14.20 There is also the option to set financial limits on your Account, including daily, weekly and monthly deposit limits. Such limits are applied on a calendar basis. Where applicable, it may also be possible to add loss, wagering and session limits to your Account. We may, at any time, amend the way that financial limits are calculated and/or the functionality of such limits, and in such case will notify you at least 30 days in advance.
15. INTELLECTUAL PROPERTY RIGHTS
15.1. All intellectual property rights in and to the Website, its contents (including the Services and any software) and the material published on it (together the "Website Content") shall remain at all times vested in the relevant member(s) of the Group or its/their licensors.
15.2. You may only use the Website Content for your personal non-commercial use and strictly in accordance with the Terms and Conditions. Any other use is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit, tamper with or create derivative works of any of the Website Content.
16. PLACING BETS/WAGERS AND MAXIMUM/MINIMUM STAKE AMOUNTS
16.1. Once you have confirmed your bet or wager the value of your stake will immediately be deducted from your Account balance.
16.2. We may refuse to accept the whole or part of any bet and/or wager at our discretion.
16.3. We may vary the maximum and minimum stake amounts that apply to particular Services and these will be updated in the applicable Service rules on the Website. It is your responsibility to check these each time you log in.
16.4. Any applicable taxes and fees in connection with any winnings awarded to you or any other payments made to you via the Website are your sole responsibility.
17. ERRORS, MALFUNCTIONS AND INTERRUPTIONS IN PLAY
17.1. We try hard to provide our players with a high quality betting and gaming platform but We cannot guarantee that our Services will at all times perform correctly. Various kinds of mistakes and errors can occur, technical, human and otherwise, and you understand and agree that we can only provide the Services to you, and you must accept them, in the condition that we make them available from time-to-time.
17.2. In this clause 17 we set out a description of the things that can go wrong and the rights that we have in such events. In clause 13 above we set out how we will not be liable to you when these things go wrong. You should be aware however that these clauses do not override or cancel out any rights that you may have under consumer laws and regulations and we do not intend that they should.
17.3. Set out below are some important definitions to help you understand this clause:
A “Malfunction” refers to where an automated process fails to operate as designed or intended, for example where a piece of computer software produces a deviation from its intended performance specifications or parameters, or where two pieces of software fail to interface or communicate with each other in the manner intended or designed, in either case so as to produce a result which is not the result that was intended or designed. These malfunctions may or may not be apparent to us or to you and they may only come to light as and when settlement instructions, game outcomes, winnings or cashouts are investigated and analysed retrospectively.
For example, a betting settlement program may identify a winning bet for £10 but the graphical layer of the website or app which displays the result to the player might incorrectly process the instructions and post a £1 or £100 number.
An “Error” refers to a mistake or error that is not exclusively technical, for example the mistaken posting of incorrect odds, the offer of incorrect prices or terms for participation in a Promotion or gambling opportunity. Errors can arise from human mistakes, administrative, operational or systems failures and combinations of all of these.
For example, a bet might be offered mistakenly at a price that is substantially out of the market or a Promotion designed to offer a £5 return might mistakenly advertise a £50 return or the pay-tables advertised for a product may mistakenly fail to reflect the true payment configuration of the product.
An “Interruption” refers to an interruption in a gambling transaction for any reason, for example an interruption caused by the failure of the internet or connectivity, or severe latency in communications, or technical failure due to some disaster, system maintenance, system downtime or any unforeseen event.
Where any of the above occur, we will deal with them in the following ways and it is important that you understand and agree to the following before you click to accept the Terms and Conditions, as we made clear in the “Important Information” section at the beginning of these General Terms.
17.4. Malfunctions:
a) If as a result of a Malfunction, your Account is credited with winnings that you would not have received were it not for that Malfunction, we will have the right to void the relevant transaction and withhold the relevant winnings. This applies even if the relevant Service could have produced the same or similar amount of winnings without the intervention of the Malfunction and it applies whether the Malfunction was apparent to you or to us or not.
b) If you have withdrawn any such winnings, you agree that you will pay them back to us as and when we ask you to.
c) Where any Malfunction is or becomes apparent or obvious to you or you suspect that a Malfunction may be occurring, you agree that you will cease your use of the relevant Service immediately, and will report it to our Customer Support team immediately.
17.5 Errors:
a) In the event of an Error, the same applies as for Malfunctions, as set out above.
b) Where any Error is or becomes apparent or obvious to you or you suspect that an Error may be occurring, you agree that you will cease your use of the relevant Service immediately, and will report it to our Customer Support team immediately.
17.6. Interruptions: our priority is to ensure that we deal with Interruptions in a way that is fair and does not systematically disadvantage our customers.
a) In relation to Sports Betting: We reserve the right to suspend betting markets, void bets and return stakes to customers.
b) In relation to Casino / Live Casino:
• where an Interruption occurs after we receive notification of your gamble and where you can have no further influence on the outcome of the event or gamble, the results of the gamble will stand;
• where an Interruption to a single-participant single stage event occurs before an outcome has been generated we will return your stake to your Account;
• for games where there are multiple stages or decision points we will take all reasonable steps to restore the game to its last known state prior to the Interruption to enable you to complete the game;
• for games with multiple participants (equal chance or otherwise) we will deal with these as seems fairest to us on a case-by-case basis; and
• for games that are progressive jackpots, progressive jackpot values will be restored to their pre-failure state to the extent it is within our control and not the games provider.
18. PROMOTIONS
18.1. From time to time, we may offer Promotions which are governed by these General Terms and any separate Promotion Terms (see clause 3.1 above).
18.2. Promotions are available at our discretion and can be restricted on an individual Account basis at any time.
18.3 We may, without any requirement to give reasons, exclude you from receiving selected Promotions and any other offers introduced by us from time to time.
18.4. We may also prevent you from taking up or participating in any new Promotions, and/or prevent you from completing any Promotions which you are part way through, in either case where required to do so for legal or regulatory reasons including those relating to safer gambling.
19. GETTING IN TOUCH WITH US
You can get in touch with our Customer Support team via either of the following methods:
• via email at support@pinkcasino.co.uk; or
• directly via the Website, using our "E-Mail Us" or live chat facilities.
20. COMPLAINTS AND DISPUTES
20.1. If you have any complaints about the Website and/or the Services, please refer to our Complaints Article on our Help Centre found here.
20.2. If you are not satisfied with our response or if a dispute cannot be resolved, you may contact IBAS, Independent Betting Adjudication Services Limited, (a dispute resolution service) at:
• PO Box 62639, London EC3P 3AS
• +44-020 7347 5883. The IBAS website is here
21. PRIVACY POLICY
21.1 Please refer carefully to our Privacy Policy which contain details on the types of information we collect, what we do with that information including your personal information, on the Website.
22. OTHER IMPORTANT TERMS
22.1. If any of the Terms and Conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining Terms and Conditions which will continue to be valid to the fullest extent permitted by law.
22.2. No failure or delay by us in exercising any right under the Terms and Conditions shall operate as a waiver of this right. Similarly, any single or partial exercise of any right shall not preclude any further exercise of any of these rights or the exercise of any other right.
22.3. Nothing in the Terms and Conditions shall be construed as creating any agency, partnership or any other form of joint enterprise between you and us.
22.4. You may not assign, transfer, charge or otherwise deal in your rights and/or obligations under the Terms and Conditions. We are entitled to assign, transfer, charge or otherwise deal in our rights under the Terms and Conditions as we see fit but we will only do so where this will not negatively affect your rights under the Terms and Conditions, or alternatively with your consent. Without limiting the preceding sentence, we may wish to transfer our rights or obligations under the Terms and Conditions to another company within the Group or any other legal entity, including if we restructure or there is a sale of our business. You agree that we may do so provided that in the case of such a transfer, after we notify you of the date on which such transfer takes place, your rights under the Terms and Conditions will be against the new legal entity.
22.5. Unless expressly stated, nothing in the Terms and Conditions will create or confer any rights or any other benefits whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise in favour of any person other than you and us.
22.6. The Terms and Conditions and any document expressly referred to in them and any guidelines or rules posted on the Website represent the entire agreement between you and us in relation to the subject matter of the Terms and Conditions and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
22.7. The Terms and Conditions are governed by and will be interpreted in accordance with the laws of England and Wales and you submit to the non-exclusive jurisdiction of the courts of England and Wales in relation to any dispute in relation to the Terms and Conditions unless (if different) you choose the jurisdiction of your home country.