TERMS & CONDITIONS
Updated: 6th August 2019
THESE TERMS AND CONDITIONS (AS THE TERM “TERMS AND CONDITIONS IS DEFINED BELOW”) GOVERN YOUR USE OF THE WEBSITE, THE SOFTWARE AND THE SERVICES (AS THE TERMS “WEBSITE”; “SOFTWARE” AND “SERVICES” ARE DEFINED BELOW).
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS PLEASE DO NOT CONTINUE USING THE WEBSITE. YOUR CONTINUED USE OF THE WEBSITE IS ACCEPTANCE BY YOU OF THESE TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS FORM A LEGAL AGREEMENT BETWEEN YOU AND US. YOU SHOULD PRINT OFF A COPY OF THESE TERMS AND CONDITIONS AND KEEP THEM IN A SAFE PLACE.
THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE AS SET OUT BELOW. THE TERMS “YOU”, “YOUR”, “US”, “OUR” AND “WE” ARE DEFINED BELOW. OTHER WORDS AND PHRASES USED IN THESE TERMS AND CONDITIONS ARE DEFINED BELOW AND IN THESE TERMS AND CONDITIONS.
Certain words and phrases are defined in these Terms and Conditions. In addition, in these Terms and Conditions, the following words and phrases have the following meanings:-
"Account limits" - an account limit shall mean the maximum deposit a Player may self-impose to restrict a level of their transactions, aggregated together with any accumulated Legitimate Winnings and bonuses in Your Account from time to time and Section 21.3 of these Terms and Conditions shall be construed accordingly.
“Bet” means any bet, stake, wager or similar made by you and/or any other Player in relation to the Services.
“Device" means any application access devices, including but not limited to personal computers, laptops, pads, mobile phones, personal digital assistants, smartphones, PDA phones, hand-held devices employed for the use of and access to the Website and participation in the Services;
“Gambling” means any type of betting, gaming, lottery and/or financial betting.
“Gambling Software” means any software, licensed program, data file or other content installed on connection equipment, which enable you to visit, connect and join in the Services.
“Information” has the meaning set out in Clause 6.1.
“Legitimate Winnings” means, subject to the conditions precedent below, winnings legitimately and legally won by you in using the Services and that have been won by you in accordance with these Terms and Conditions, less the following:- (a) any rake or commission due to us; (b) other entry or other fees due to us for your use of the Services; and (c) any charge backs made by your bank or other financial provider used by you in relation to the Services. For the avoidance of doubt, in the event that you have breached any of these Terms and Conditions, any winnings won by you shall not be Legitimate Winnings and therefore we shall have no obligation whether under contract or otherwise to pay such to you.
“Licence” has the meaning set out in Clause 10.3.
“Registration” has the meaning set out in Clause 8.1.
“Our Data” has the meaning set out in Clause 6.1.
“Player” means all users of the Website, including you, who use the Services and who have agreed to these Terms and Conditions.
“Rules” means the rules for the different Gambling products and services provided by us on the Website, as are set out on the Website and as may be amended by us from time to time. For the avoidance of doubt, you should note that each product and/or service may have differing rules.
“RNG” has the meaning set out in Clause 9.25.
“Services” mean the provision by us of Gambling and Gambling products and services via the Website.
“Software” means any and all software on the Website and/or comprising the Website, including the Gambling Software.
“us”; “our”; “we” means Fesuge Limited, a company incorporated in the Isle of Man (registered number 127822C) and having a registered office address at Clinch’s House, Lord Street, Douglas, Isle of Man, IM99 1RZ.
“Website” means www.138.co.uk together with such other website that we may use to provide the Services.
“you”; “your” means you, the person using the Website.
“Your Account” has the meaning set out in Clause 8.13.
1.2 In these Terms and Conditions, references to the singular shall include references to the plural and vice versa and references to the masculine shall include references to the feminine and vice versa. Headings are for convenience only and shall not affect interpretation. References to statutes shall include such statute as amended or re-enacted, together with all secondary legislation made under the relevant statute.
WHO WE ARE
2.1 We are a limited liability company incorporated in the Isle of Man with registered number 127822C and having a registered office address at Clinch’s House, Lord Street, Douglas, Isle of Man, IM99 1RZ. We are regulated by the Gambling Commission of Great Britain for provision of gambling services to residents of the United Kingdom in accordance with the regulations brought in under the Gambling (Licensing and Advertising) Act 2014.
2.2 The Website and the provision of the Services fall under the jurisdiction of the Isle of Man and all Bets placed with us are placed on servers which are located in the United Kingdom.
2.3 If there is any inconsistency between these Terms and Conditions and any document incorporated by reference, these Terms and Conditions will prevail.
DISPUTES & COMPLAINTS
3.1 If you have any questions about the Website or the Services, or in the event that you have any complaint or dispute regarding the Services, you should in the first instance email our Customer services team at email@example.com 24/7 live chat is also available. We will try to resolve your case via our escalation procedure. In the event that a satisfactory resolution is not reached, you may lodge your complaint as detailed below.
We are required to offer dispute resolution by an independent third party or ‘alternate dispute resolution’ (ADR) provider in line with the licence conditions and codes of practice social responsibility code 6.1.1. We have appointed the Independent Betting Adjudication Services (IBAS) as our ADR. Please direct unresolved complaints to them at telephone number +44 207 347 5883. Further details about IBAS can be found at www.ibas-uk.com
4.1 During your Registration requesting participation in the Services, by ticking the boxes "I confirm that I am at least 18 years old " and "I have read and accepted the Terms and Conditions", you acknowledge and agree that:
(a)you have read, fully understood and accepted these Terms and Conditions; and;
(b)these Terms and Conditions constitute a legally binding agreement between you and us regarding the use of the Services.
4.2 If you do not agree to any of these Terms and Conditions, please do not tick the box "I have read and accepted the Terms and Conditions", but rather, immediately discontinue your use of the Website.
4.3 You cannot use the Services without agreeing to these Terms and Conditions.
5.1 We reserve an absolute right to amend, update and modify these Terms and Conditions and the Rules (or any part thereof) from time to time and any amendment, update or modification will be presented to you by way of a notification upon login for acceptance. The amended, updated or modified Terms and Conditions and Rules will take effect as soon as they have been accepted by you. Your continued use of the Website and the Services is your acceptance of the modified or updated Terms and Conditions and Rules as published.
5.2 Any Bet received by us but not settled prior to the time of notification of any amendment of these Terms and Conditions will be subject to the Terms and Conditions in place at the time that the Bet was acknowledged by us.
INFORMATION AND INTELLECTUAL PROPERTY
6.1 The information, material and data, including without limitation, marketing programmes and materials, results, statistics, sporting data and fixture lists, odds and betting figures, text, graphics, video and audio content, including Our Data which are available to you on the Website (“Information”) belong to us and/or our licensors.
6.2 Other than as permitted by law, you shall not adapt, copy, modify, reverse engineer, reproduce, store, distribute, display, publicly perform, or include in any cable programme, publish, transmit, sell, rent, lease, grant licences or otherwise make the Information available to any other person, or with another website, online service or bulletin board, or any other media and/or Device.
6.3 The Software, the Services and the Information provided on the Website and/or through Devices are protected by copyright, trademarks and other forms of intellectual and proprietary rights. All right, title and interest in and to the Software, Services and Information on the Website are owned, licensed and/or controlled by us and/or our licensors. You acknowledge that you do not acquire any right, title or interest, or any licences to the Software, the Services and the Information through your use of the Website other than expressly set out in these Terms and Conditions.
6.4 The name Fesuge and our other trademarks on the Website belong exclusively to us and/or our licensors and you do not have any right to use such. You shall not use, register, attempt to register or assist any third party in using, registering or attempt to register any name, mark or device which is similar to the name Fesuge or any other of our trade marks.
CONDITIONS OF USE
7.1 As a condition of use of the Services, you warrant and undertake that you shall not use or access the Website, Services, Software and/or the Information for any purpose that is illegal under any law applicable to you or prohibited by and/or in breach of these Terms and Conditions.
7.2 You warrant and undertake as a condition of your use of the Services that:-
(a) you are acting on your own behalf and in your own personal capacity, not on behalf of another person;
(b) you are not restricted by limited legal capacity;
(c) you are not diagnosed or classified as a compulsive gambler;
(d) you are the older of (i) 18 years of age; or, (ii) the legal age determined by any laws applicable to you regarding the undertaking of Gambling by you;
(e) you are fully aware of the risk of losing money in the process of Gambling and using the Services and the Website;
(f) your deposit of money in to Your Account (as the term “Your Account” is defined in Clause 8 below) does not originate from criminal or other illegal or unauthorised activities;
(g) you are not conducting criminal or other illegal, unauthorised activities and/or intending to use Your Account in connection with such activities and that you shall not use or allow other persons to use the Services and Your Account for any criminal or otherwise unlawful activities including, without limitation, money laundering, under any law applicable to you or us;
(h) you will keep your username, account number and password confidential and prevent unauthorised access or use;
(i) you will immediately change your password and notify us immediately if your username, account number or password is compromised in any way;
(j) you are responsible for all activities via the Website and/or Device under your username, account and password, regardless of acknowledgement or authorisation;
(k) you will not use the Services, Website, Devices, Software or the Information in any way which interferes or may interfere with other Players, or make any attempt to gain an unfair advantage over other Players, whether specifically prohibited by the rules or not;
(l) you will not undertake any activity or assist any third party to undertake any activity that degrades or may degrade the operational performance of the Services and/or the Website;
(m) you will not solicit or seek to obtain other Player’s information by any means;
(n) you will not upload or distribute any programs, files or data containing viruses, which are corrupted or may affect the programs of the Devices, Software, Services and/or the Websites;
(o) your access to the Services and Information via the Websites is not prohibited (i) by laws that are applicable to you or contractual obligations which apply to you personally; or, (ii) by laws that are applicable to persons in the country from which you are currently accessing the Website or using the Device;
(p) you will not collude with third parties, use any device, robot, spider, algorithm, software, routine or other method (or anything in the nature of the foregoing) to interfere or attempt to interfere with the functioning of the Services, Devices, the Software, the Website, Information or any transactions offered through the Website. You further acknowledge that any software which, confers any sort of unfair advantage, shares hole cards among Players (where applicable) or assists collusion or cheating in any way, utilises a database of hands (where applicable) or Player profiles which is shared between Players, reduces or eliminates the need for a human to make decisions, is designed to ‘datamine’, provides real-time advice on the action to take during play (including ICM analysis tools), attempts to block any of our fraud and cheating detection mechanisms, is prohibited. We will undertake such steps to accordingly identify the use of such software on a Player’s machine and You hereby consent to this and will not interfere with any of the detection mechanisms. These rules apply to all circumstances at all times;
(q) you will not spread any information with content that is unlawful, harassing, abusive, threatening, libellous, defamatory, obscene, indecent, inflammatory, racially or ethnically objectionable, pornographic or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offence or give rise to civil liability, or otherwise violate any law;
(r) you are not an officer, director, employee, consultant, affiliate or agent of us or any company which has a relationship with us, or a relative of any of the foregoing;
(s) you will not impede the proper usage of the Services, the Website, the Software, Devices and/or the Information or initiate and/or engage in surveys, contests, chain letters, send/forward "junk mail" or bulk mails;
(t) you will use the Services solely for personal entertainment and not use the Services as a way of conducting a commercial business or as a way of making a living.
7.3 All Players must play on their own behalf and in their own best interests. Playing on behalf of an employer, sweat shop, ‘gold farm’ or any form of team or co-operative is strictly prohibited. The use of any data which has been obtained by datamining, whether the data was obtained by the Player themselves or by anyone else is strictly prohibited, as is the sharing of any legitimately gathered data with other Players.
7.4 Players may not work together with another Player to gain an advantage and must not ‘soft play’ against friends. Players must not ‘chip dump’ (i.e. they must not intentionally lose hands or manipulate gameplay in order to transfer funds to any other Player. Players must not share hole card information with any other Player and must not play in the same cash game or “Sit n Go” tournament as any Player in which You have a financial interest. Players may not encourage any other Player to collude. All such prohibitions/restrictions are applicable whether or not there is any explicit agreement between the parties using the Website and whether or not any actual demonstrable harm has been caused to others.
OPENING YOUR ACCOUNT
8.1 In order to use the Services, you must complete the application for account and membership according to the guidance on the Website (the "Registration").
8.2 You warrant that all information supplied when completing and submitting the Registration form is accurate, true and complete, including your name, sources of funds (including the relevant payment details, bank accounts and card numbers) and address. Checks for fictitious details will be undertaken at the point of sign up and when withdrawals are made and these checks will be undertaken using in house methods and third party specialist fraud prevention agencies.
8.3 We will take reasonable and appropriate measures to ensure that your personal information as disclosed to us shall remain confidential. We will not disclose your personal data or betting information unless required to do so by any applicable laws and regulations, court order, the relevant gaming and law enforcement authorities or other than as set forth in these Terms and Conditions. It is also your responsibility to keep your personal information confidential.
8.4 We reserve the right to disclose and transfer your personal data to identification verification agencies, payment settlement service providers and financial institutions in connection with the completion of the service we provide to you.. . It is also possible that we are compelled to do so by applicable laws and regulations of the relevant gaming or law enforcement authorities.
In accordance with the terms of our UK licence, we are required to inform you Further information can be found at the Gambling Commission site here.
8.7 We may from time to time require further evidence of identification and age from you to verify your Registration (e.g. valid identification card with picture and confirmation of address in the form of a utility bill). If there is any change on your personal information as originally supplied by you, you must notify us of the relevant change immediately.
8.8 We reserve the right to confirm your name and address by post or otherwise. We may, at our discretion, undertake additional security checks for any information that you provide. By agreeing to these Terms and Conditions, you allow us to access, use, process and store the results of any identification verification or checks.
8.9 We reserve the right to cancel and/or refuse your Registration at our absolute discretion and without giving any reason.
8.10 You are not allowed to use the Services until completion of your Registration
8.11 You will be required to set up an account with us in your name (“Your Account”) to use and access the Services
8.12 We permit only one Account per person, household address, email address, telephone number, payment details, IP address or device (including those available publicly as in a library, workplace or internet café).
8.13 If we discover or suspect that you have more than one account with us or are otherwise in breach of any other provision of these Terms and Conditions then we reserve the right, at our discretion to terminate some or all of Your Accounts. Checks for duplicate registration details will be undertaken at the point of sign up using in house database checking methods and third party specialist fraud prevention agencies.
8.14 The currency of Your Account will be pounds sterling. The minimum deposit accepted on Your Account will be ten (10) Pounds sterling.
8.15 Any sums held in Your Account are held by us for you in a player funds account. However, we are not a bank and no interest shall be paid on any sums in Your Account.
8.16 You must keep your credentials (alias, password, and any other information used to access Your Account) secret and not reveal them to any other person. You shall not allow any other person to use Your Account under any circumstances.
8.17 Where poker is made available via the Website, under no circumstances should you log into the Poker Network utilising more than one account at any one time, whether or not the additional account is through Us.
BETS AND BET ACCEPTANCE PROCEDURE
9.1 We accept Bets for casino games, sport gambling and other events on the Website. All Bets must comply with the Rules relevant to each form of Gambling offered by us on the Website and to these Terms and Conditions.
9.2 If an error occurs in relation to the Website or in relation to any Bets or any events or circumstance on which Bets have been made, all relevant Bets shall be void. In the event of any system error in relation to the Website, we reserve the right to void any Bets and / or any Legitimate Winnings received in to Your Account as a result of such an error.
9.3 We reserve the right at our discretion to decline all, or part, of any Bet requested on the Website for any reason.
9.4 We only accept Bets via internet and/or Devices in compliance with these Terms and Conditions. Bets are not accepted in any other form (whether by post, email, fax or otherwise) and the result of any Bet not submitted in accordance with these Terms and Conditions will be void.
9.5 We have the right to postpone or reject any Bet which we may suspect as having the capacity to damage the Website or our operating system.
9.6 Any Bets that breach these Terms and Conditions will be cancelled by way of notification to the e-mail address provided upon Registration.
9.7 Artificial intelligence or software (commonly called “bots”) and/or any betting strategies, including but not limited to Martingale, Paroli, D’Alembert, etc, are not allowed to be used. Any Bet using the foregoing or attempting to use the foregoing will be cancelled and the respective account will be closed.
9.8 Bets will only be valid if your username and password are correct and there is enough balance in Your Account to make the Bet in full.
9.9 You are responsible for all use, activities and transactions on Your Account in respect of the following (whether the usage, activity or transaction is authorised by you or not):
(a) your name; and/or,
(b) your account number; and/or,
(c) your username and password.
9.10 It is your responsibility to ensure that the details of Bets placed by you are correct. Once your Bet has been placed you can no longer cancel, revoke or change your Bet.
9.11 All Bets are logged and recorded in our transaction log database. Our transaction log database shall be conclusive evidence for all transaction information in relation to the Services and any Bet placed by you and/or any Player.
9.12 All bets are deemed for day of acceptance, unless otherwise stated. Bets will be deemed valid and accepted by us when a transaction identification is displayed in Your Account and your transaction history is updated.
9.13 No Bets can be placed after the commencement of the event that the Bet relates to or where the outcome of an event that the Bet relates to is known at the time of placement of the relevant Bet. If any event or betting session is erroneously left open for Betting after the commencement of the relevant event and/or where the outcome of the relevant event is known, we reserve the right to decline or void such Bets placed without reference to you. For the avoidance of doubt this clause does not prohibit “inplay”/ “live betting” or half time bets where such are offered by us.
9.14 Acceptance of any Bet or any part thereof shall be at our sole discretion.
9.15 Advertised start times of the events on which you can place Bets displayed on the Website are for information purposes only. If for any reason a Bet is inadvertently accepted by us after the game, race, event or match on which you are placing your Bet has commenced, we reserve the right to cancel and void such bet. For the avoidance of doubt this clause does not prohibit “inplay”/ “live betting” or half time bets where such are offered by us.
9.16 Unless stated otherwise within the Rules for a sport or event, the result of a game, race, event or match will be determined on the day of its conclusion. All Bets accepted will be settled on the official result, unless otherwise stated. Any subsequent enquiry that may result in an overturned decision in relation to the relevant game, race, event or match will not be recognised by us, and our original settlement of Bets will stand.
9.17 Unless specifically stated otherwise within the Rules, if the venue for a sporting event is changed, all Bets placed based on the original venue will be void.
9.18 Unless specifically stated otherwise within the Rules, we will not recognise suspended games, races, events or matches or protests or overturned decisions in relation to the same.
9.19 Unless specifically stated otherwise within the Rules, should you include a non-runner or void selection in a multiple Bet, the Bet will be settled on the remaining valid selections (if any) only.
9.20 You acknowledge that any and all odds, lines and handicaps are subject to fluctuation without notice, and the foregoing will become fixed only at the time of acceptance of the relevant Bet by us. You further acknowledge that where Live Betting (bets on events that have already started) is offered, such fluctuation may occur during an event. It is your responsibility to ensure that you review the information pertinent to any Bet you wish to place for any such fluctuation when utilising the Live Betting facility.
9.21 When system failure of any type results in an incorrect odd, line or handicap, all Bets in relation to the same will be void. Provided the error, mistake or failure is rectified in time, we may in our absolute discretion (but shall not be obliged to) make reasonable efforts to contact you to allow the choice of placing another Bet at the correct odds, lines and handicaps.
9.22 We will not accept any simultaneously placed Bets on one game, race, event or match from you.
9.23 Markets are occasionally opened which relate to the outcome of a sporting event beginning more than 1 week in the future. Ante Post bets on sports are accepted all in, run or not, entered or not. Except where the Rules specifically state otherwise, Bets are lost on an Ante Post bet if a selection does not take part. In all cases We reserve the right to deduct the equivalent of Tattersalls rule 4(c) to reflect returning Bets on Non-Runners.
9.24 In respect of any Bet and the associated transactions therewith, our decision is final and conclusive.
9.25 You acknowledge that the random number generator ("RNG") or live dealing provided on the Website will determine the shuffling and dealing of cards, spinning of the ball and wheel, shaking of the dice, the outcome of the games, outcome of the lottery and other randomly generated events that are part of the Services and you agree to accept such shuffling and dealing of cards, spinning of the ball and wheel, shaking of the dice and the outcomes of the game, lottery and other randomly generated events performed by the RNG or live dealer as final and conclusive.
9.26 Online gambling debts are enforceable in law.
9.27 When the result of one event has a direct influence on the outcome of another, there is a related contingency. Selections from related events cannot be combined in an accumulator, e.g. Team A to beat Team B in a league match, and Team A to win the league.
9.28 Where an accumulative bet of this type has been accepted in error it will be settled by equally dividing the Bet unit where the related outcomes clash.
10.1 You hereby acknowledge and agree that the Software that is made accessible to you (by download or otherwise) for your remote use on the Website through your Device is part of the Services and is our property and the property of our licensors, and that you do not gain any rights to such Software whatsoever other than as expressly set out in the Licence in Clause 10.3.
10.2 You may not in any way or by any means adapt, copy, modify, reproduce, store, distribute, display, publicly perform, broadcast, include in a cable programme, publish, transmit, sell, rent, lease or licence or otherwise communicate or make available the Software to any other person, or on another website, online service or bulletin board, or on any other media and/or device, other than as permitted by law.
10.3 We hereby grant to you a personal, non-exclusive, non-transferable and revocable licence to install and use the Software on your Device for the purposes of using the Services and for no other purpose whatsoever (the "Licence") PROVIDED THAT such installation and use is made through a Device of which you are the primary user.
10.4 The Licence is solely for the purpose of enabling you to use the Services. You are not allowed to:-
(a) install or upload the Software onto a server or other networked device or take other steps to make the Software available via any form or on any bulletin board, online service or remote dial-in, or network to any other person;
(b) distribute, rent, lease, sub-licence, copy, transfer, assign or otherwise make available the Software and/or the Licence to use the Software to any other person;
(c) allow another person to use the Software;
(d) create or provide any means (including, without limitation, via emulators) through which the Software may be used by others;
(e) translate, reverse engineer, decompile, disassemble, modify, discover, create derivative works based on the whole or part of the Software and/or the source code of the Software, other than as permitted by law; or,
(f) copy, modify, translate or create any derivative works based on the whole or any part of the user documentation concerning the Software.
10.5 You acknowledge and agree that the Software and the Software user documentation provided on the Website and/or through Devices or otherwise, are owned exclusively by us and/or our licensors and are protected by copyrights, trade mark rights and other forms of intellectual and proprietary rights. You hereby acknowledge that the structure, organisation and source code of the Software are the valuable trade secrets of us and our licensors. You acknowledge that save for the rights granted to you in accordance with the Licence, you do not acquire any rights or interests whatsoever in the Software and/or the Software user documentation.
10.6 Upon the termination of these Terms and Conditions with you and/or closure of Your Account for any reason, the Licence issued to you under these Terms and Conditions shall terminate automatically and you must stop using the Software and uninstall it from your Device.
SETTLEMENT OF TRANSACTIONS IN AND OUT OF YOUR ACCOUNT
11.1 When using a credit or debit card, the cardholder's name must be the same as the name provided in the Registration. We reserve the right to reject a transaction in case of discrepancies between the cardholder's name and the name provided in the relevant Registration.