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WELCOME GUEST!
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- The gambling service is provided by Probability Games (Alderney) Limited
("Probability") under an eGambling licence granted to it by the Alderney Gambling
Control Commission in March, 2005. This agreement is between you and Probability.
Use of the Service requires your full agreement with and acceptance of the terms of
this Agreement.
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To play any of gambling games ('Games') you must first register with Probability
using the mobile phone ("Handset") on which you will play the Games or access your
Account, and hold an E-Wallet account with Probability Games Limited (which is
subject to separate terms and agreement between you and that company).
- You are responsible for providing the Handset and ensuring that the Handset has an
appropriate Internet connection to facilitate access the Gambling Server on-line.
- To register, you must send a text message to the number or use a Wap link on a
Wap site advertised or provided by or for Probability. You will receive a link to a WAP
page which will take you to the Wap site . This link can only be used on your
handset. You may not send this link to any other person or allow another person to
use it. Doing so will invalidate your account.
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Conditions of Registration:
- you must be at least 18 years of age.
- You may only use a mobile phone which is owned by you or for which you are responsible for paying the bill or pre-pay account.
- Under your own cognisance, you must only register from a country whose government does not forbid the use of remote gambling services.
- Under your own cognisance, you must not use the Gambling Service if this is in breach of the conditions of your mobile operator service agreement.
- Employees, agents or directors of Probability Games (Alderney) or any of their associated companies may not register.
- Password: before placing your first wager you must set a password or PIN with us.
You may not access your account at any time through any medium to place wagers
or make adjustments to your account without submitting your password. Do not give
your password to anyone. You will never be asked for your password by any person
employed by or connected to us. You are responsible for all activity in your account
which takes place after submission of the password. You may change your password
by following instructions in the software. If you forget your password you may request
that it is reset by the helpdesk.
- All information that you supply when registering must be accurate and complete. We
may validate the information you provide on a confidential basis with third party
sources, including private companies. We reserve the right to decline any application
for registration for any reason. Each person may have only one account with us.
- Upon acceptance of your registration, our software (the 'Software') will be
automatically downloaded to your Handset and a betting account with us will be
opened for you (your 'Account'). You undertake and agree as follows:
- that you will only use the Software in accordance with our instructions;
- you may not make or permit others to make any copies of the Software;
- you may not reverse engineer, disassemble, decompile the Software or attempt to reconstruct, identify or discover any source code;
- you may not modify, adapt or translate the Software or incorporate the Software, in whole or in part in any other product or software or permit others to do so;
- you may not remove any copyright, trade mark, proprietary rights, disclaimer or warning notice included on or embedded in any part of the Software; and
- you may not assign, sell, license, sub-license, rent, lease or otherwise redistribute the Software to any third party.
- You may only place a wager using funds already deposited to your gaming account
with us. You may deposit funds into your Account by using the "Deposit" menu in the
Software and choosing one of the payment methods listed there. We reserve the
right to change the list of available payment methods at any time and without notice.
- You may not use a payment method to deposit funds to your account where making
such a deposit would breach the conditions of use of that instrument. In particular we
will not be liable if your credit card issuer refuses a gaming transaction.
- We may offer you a facility to top up your gaming account by applying a charge to
your mobile bill or pre-pay account. We reserve the right to withdraw or limit this
facility at any time and without notice. You may not use this facility if doing so is in
breach of the terms of your mobile network operator agreement. If we are advised by
your mobile network operator of non-payment, misuse or if payment is withheld by
your operator, we may suspend or cancel your account. Any winnings in your
account will be forfeit. You may not request a withdrawal of winnings from your
account where your bets have been placed with monies not confirmed as billable by
your mobile network operator.
- We may offer you a facility to top up your account using other third party electronic
wallets or payment mechanisms. You may not use such services if doing so is in
breach of your agreement with the relevant payment provider.
- You may withdraw free cash winnings from your account at any time. You must be
logged in to the Software and select the Withdrawal option from the menu to request
a withdrawal, or you may do so in direct communication with our helpdesk. Winnings
may be withdrawn either by personal cheque or, if available, to your personal Visa
credit card. We will inform you of any other withdrawal mechanisms which may be
available from time to time.
- We may, from time to time, offer you Bonus Promotions, details of which will appear
on our Wap site and in-Game menus and alerts, as well as by SMS. You will not be
charged to receive such alerts. We reserve the right to alter or cancel a Bonus
Promotion at any time, by notice appearing on our Wap site or in-game menu, or by
SMS. Bonus money can only be withdrawn from your Account in accordance with the
rules for each Game or Bonus Promotion. Unused Bonuses may be cancelled by us
after 90 days with no liability to you. Misuse of Bonuses may result in your Account
being cancelled.
- Standard Minimum Wagering requirement for bonuses: Unless otherwise stated when a
bonus is awarded to you, you must play through any bonus SEVEN times (i.e. total bets
must be seven times the bonus amount) before any amount of the Bonus is eligible for
withdrawal. Any bet or part of any bet placed on outside bets on the Roulette table,
as well as bets covering all 36 single numbers, will not count towards the wagering requirement.
- You may place a wager in on of our Games in communication with our Gambling
Server over the Internet using the Internet connection provided to you by your Mobile
Operator. The Software will indicate the amount of any bet, the odds for any prize,
and the winning combination or event for each prize.
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All Bets relate to computer generated random events. Our Random Number
Generator has been independently audited to ensure fairness and that results cannot
be tampered with. You may request a copy of the Auditors report at any time.
- Individual Game rules and procedures, odds and payout structures are available
within each game and on the Wap site prior to download.
- You determine the size of the bet before placing it through the Game. The amount of
the bet may not be amended later. The minimum Bet is 10p. The maximum bets
available are Slots £5, Poker £50, Hi-Lo £50, Roulette £250, Blackjack £100. We
reserve the right to alter these limits at any time without notice.
- A Bet is placed only when it has been received by our server from your Handset
using our Software and your Handset’s internet connection. Once a Bet has been
placed it is final and binding cannot be cancelled or changed. For the avoidance of
doubt, a Bet remains valid even if the result cannot for any reason be displayed back
to your handset (due, for example, to a network failure interrupting communication, or
if you receive an incoming call and stop the software)
- You will be automatically notified whether your Bet has won or lost. The Software will
display on the screen of your Handset an animated sequence of images to reveal the
outcome of the Bet. You may be offered the opportunity by the Software to interrupt
or proceed with all or some of the animated sequence by means of the keypad on
your Handset.
- If you win, your winnings will be credited to your Account immediately. If for any
reason you do not receive notification of the outcome of the Bet, this will not affect
the validity of the Bet and winnings will be credited to your account accordingly.
- Statements of past Bets: You may at any time, by following instructions made
available through the Software, request a statement of the Bets you have placed
and/or an up to date statement of your Account. All statements will be sent to your
Handset, normally in a Wap session or within the software. A printed statement will
be posted to your home address upon request to Probability
- Responsible Gambling: You must use this service responsibly. You may at any time
request limits to your gambling using the Help menu in any game. You may set a limit
on total wagers, total deposits or total net losses in each calendar day, week or
month. Once a limit has been set it may not be increased by you or us for seven
days.
- Self-Exclusion: You may also request that we bar you from the service using the Help
menu in any of our Games. If you request this option, all remaining funds in your
account will be returned to you immediately. Your account will be locked and your
mobile device will be barred from the service permanently. You may not register
again using a different device. We will cancel any additional accounts you create.
There is no provision for un-barring you once such a request has been made.
- Self-Limiting: You may set limits to your gambling using a facility which we provide
you in the Software or through our helpdesk. You are able to set limits for each
calendar day, week or month. You may set limits to total wagers placed for individual
games, total wagers placed in total in all games, gross amount lost in all games and
in particular games, and total amount of money deposited to your account. When you
reach any of the limits you have set the service will automatically prevent further
activity as appropriate until the end of the period concerned. You may adjust any limit
upwards no less than seven days after setting it. Requests to adjust limits before
seven days will not be accepts. This applies to limits which have not been met as well
as to limits which have been met.
- Sole usage: You may not allow any other person to place a Bet on your behalf and
will be solely responsible for all Bets placed using your Handset.
- Improper Use: We reserve the right to refuse any Bet if we have reasonable grounds
to believe that you are in breach of these Terms and Conditions at the time the Bet is
placed.
- Network Operator and Other Charges: You are solely responsible for any connection,
use or other charges levied by your network operator when you register to play the
Games, download the Software, place Bets or communicate with us. These charges
shall form no part of any Bets placed.
- Cancellation of Accounts: We reserve the right to cancel your Account at any time if,
in our opinion, you have breached any of these Terms and Conditions. Any refunds
will be at our discretion.
- Dormant Accounts: Accounts which have not been accessed for five years will be
cancelled without notice. Any funds in the account will be donated to Charity.
- Upgrades and Changes: We reserve the right to update and change these Terms
and Conditions at any time, which includes without limitation the right to upgrade or
change the Software. Any such changes shall be notified to you and shall also be
published on our WAP site. You may access the WAP site at any time by following
instructions in the Software or from the SMS sent to you upon registration.
- Disclaimer: We do not accept responsibility for the non-availability of the Games at
any time or for any Bets that have not been recorded on our Server. We reserve the
right to cancel any Bet in the event that outcome of the Game on which the Bet is
placed is affected by any error, omission, interruption, deletion or defect resulting
from a server malfunction, virus, bug or any other cause outside our control.
- NO WARRANTIES. We disclaim any and all warranties, expressed or implied, in connection
with the Games which are provided to you "AS IS" and we provide you with no warranty or
representation whatsoever regarding their quality, fitness for purpose, completeness or accuracy.
Regardless of our efforts to provide you with service of the highest quality, we make no warranty
that the Games will be uninterrupted, timely or error-free, that defects will be corrected or that
the services found therein shall be free from viruses of bugs. We take the game server’s representation
of results to be the true result. Should discrepancies appear between your local graphical or numerical
representation and that showing from our game server, the latter shall be taken as the true and
official outcome.
- LIMITATION OF LIABILITY. IN NO EVENT SHALL WE, OUR PARENT, AFFILIATES, AGENTS, REPRESENTATIVES,
NETWORK SERVICE PROVIDERS, PARTNERS, DIRECTORS OR EMPLOYEES BE LIABLE TO YOU OR ANY THIRD PARTY IN ANY
RESPECT FOR ANY COSTS OR DAMAGES ARISING EITHER DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICES,
INCLUDING WITHOUT LIMITATION ANY ACTUAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, RELIANCE OR
SPECIAL DAMAGES, OR FOR ANY LOSS OF REVENUE, PROFITS, USE, DATA, GOODWILL OR BUSINESS OPPORTUNITIES
OF ANY KIND OR NATURE WHATSOEVER, ARISING IN ANY MANNER FROM ANY CAUSE OF ACTION OR CLAIM RELATING
TO THESE TERMS AND CONDITIONS OR TO THE USE OF THE SERVICES (EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBLITY OF SUCH DAMAGES).THIS LIMITATION OF LIABILITY APPLIES EQUALLY TO ANY THIRD PARTIES WITH
WHOM WE ENTER INTO A BINDING AGREEMENT TO MARKET, DISPLAY AND/OR DISTRIBUTE THE SERVICES
(OR ANY DERIVATION THEREOF) AND SUCH THIRD PARTIES SHALL NOT BE LIABLE TO YOU OR ANY OTHER THIRD
PARTY FOR ANY OF THE DAMAGES SET FORTH ABOVE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY
FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.SUCH LIMITATIONS SHALL APPLY TO THE FULLEST
EXTENT PERMITTED BY LAW. OUR ENTIRE LIABLITY FOR ANY CAUSE OF ACTION, WHETHER IN CONTRACT, TORT,
STRICT LIABILITY OR OTHERWISE (EXCEPT TO THE EXTENT PROHIBITED BY LAW), SHALL NOT EXCEED THE
AGGRAGATE AMOUNT OF ONE HUNDRED (US$100.00) US DOLLARS. UNDER NO CIRCUMSTANCES SHALL WE, OUR PARENT,
AFFILIATES, AGENTS, NETWORK SERVICE PROVIDERS, PARTNERS, REPRESENTATIVES, DIRECTORS OR EMPLOYEES
BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE OF THE SERVICES RESULTING DIRECLTY OR
INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING,
WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATIONS EQUIPMENT
FAILURES, ELECTRICAL POWER FAILURES, LABOR DISPUTES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS,
EXPLOSIONS, TERRORIST ATTACKS, WAR OR OTHER ACTS OF GOD
- Re-Assignment: We reserve the right to transfer all or part of the operation of this
service to other suitably qualified and regulated parties so long as such a transfer
does not negatively affect the rights, financial interest or service level offered to you
under this agreement.
- Disputes regarding any Bet or any aspect of the service must be received by us
within 28 days of the Bet being placed. You may dispute any Bet by making a formal
Dispute request to us by phone on 0845 225 7777, email support@probability.tv or
using the in-game Contact menu. If you do not agree with our decision in any matter
or you wish to submit your dispute to the Alderney Gambling Control Commision you
may do so. For more information, see www.gamblingcontrol.org
- Data Protection: By registering with us, you consent to:
- us collecting the following personal data from you: your name, date of birth, mobile phone number, mobile phone network operator, mobile phone make and model, home address, payment details (such as credit card or Mobile Wallet account identity)
- the use of such data by us for the purposes of administrating your Account and contacting you with information relating to promotions, special offers and other features related to your Account; and
- Us sharing such data with our marketing partner in order that such companies may contact you with details of other games and services offeTo opt-out of such marketing activity, text STOP to 80266
- These Terms and Conditions shall be governed by and construed in
accordance with the laws of Alderney and any disputes related to these
Terms and Conditions will be subject to the jurisdiction of the courts of
Alderney.
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