17. Use of our apps and/or website.

Simply put

It's your responsibility to ensure you have a secure internet connection, so if it fails and your game is disconnected, we are not accountable, but we will always treat you fairly.

We might need to cancel bets taken in error and we will always notify you as soon as possible if there is an error in bet settlement. If you notice any bet settlement error, you should please tell us. If you receive monies by mistake, we can claim them back from you.

Whilst we do our best to ensure our website runs smoothly, we cannot guarantee that casino games will be free from all errors. We will take all steps to treat you fairly and fix any errors as quickly as possible, but if there are game malfunctions, we might need to void bets or wagers placed whilst the games were malfunctioning.

17.1. Using our betting apps and/or website may incur data charges. You accept that using our apps or visiting our website, for example outside of a paid or free WiFi network, may result in additional data charges from your mobile network provider. We will not be responsible for any data charges incurred as a result of your using the apps and/or website.

17.2. If you are disconnected, the game will resume when reconnected. If you suffer a disconnection or exit the application for any reason during a game where a further player action is required, then this game will be resumed from this same point when you log back in to the application and launch the relevant game. If you have a winning hand(s)/game and are disconnected prior to being able to gamble on a video or slot game, your winnings will be credited to your account, and you will not have the option to gamble when you reconnect. If no further decisions or action are required in an individual game following disconnection/exit, for example after the wheel spin has commenced in a roulette game, then the game will be settled and the result displayed in your account history.

17.3. You may need to download software to use our services. In order to use some of our services, you may need to download or otherwise use certain software, including software provided by third parties. You may therefore be required to enter into an end user licence agreement in respect of such software and you agree to be bound by the terms of it. You also agree not to interfere with, modify, decompile, copy, or reverse-engineer any software provided to you as part of our services except if expressly permitted or as permitted by law.

17.4. We will take all reasonable steps to resolve any problems in the software or hardware used by us to provide our services. If you are interrupted from a game and are not able to restart from exactly the same point, we will take all reasonable steps to treat you fairly (for example, by reinstating the balance on your account to the same funds as existing after the last game or bet logged on our servers prior to the problem taking place).

17.5. Our services are provided on an 'as is' and 'as available' basis. Whilst we use all reasonable efforts to ensure that our services run smoothly, we cannot guarantee that casino games will be free from errors in our or any third party's software nor that they will be available uninterrupted and/or in a fully operating condition.

17.6. We may need to cancel certain bets taken in error. We will take all reasonable steps to overcome any such event, but we reserve the right to cancel any sports bet and/or casino wager arising as a result of any such event or occurrence. However, there might still be situations where a sports bet and/or casino wager is accepted, or a payment is made, by us in error which includes the following:

(a) in relation to sports bets placed prior to an event taking place, the prices/terms offered are materially different from those available in the general market;

(b) in relation to an event, the price/terms offered at the time the sports bet is placed are materially incorrect in view of the publicly available information in respect of the probability of the event occurring;

(c) where we have continued to accept sports bets on a market which should have been suspended, including where the relevant event is in progress (except where 'in-running' bets are accepted) or had already finished (sometimes referred to as 'late bets');

(d) where we should not have accepted, or have the right to cancel or re-settle, a bet pursuant to the Sports Betting Rules;

(e) where an error is made by us as to the amount of winnings/returns that are paid to you, including as a result of a manual or computer input error; or

(f) where an error has been made by us as to the number of sports bet credits and/or bonus casino wagers that are credited to your account.

These are just some examples where bets may be considered as taken in error:

(a) a match where the favourite to win the game is 1/16 and in the handicap market, they are +17 points;

(b) where a goal is scored in a football match and the price has not updated yet; or

(c) where the prices have not been transposed (e.g. a match where a customer bets team A at 1/3 and team B at 9/4, and everyone else has team A at 9/4 and team B at 1/3).

17.7. If you become aware of any of the above errors, you should inform us as soon as you are able to. We will also use reasonable endeavours to detect any errors and inform you of them as soon as reasonably practicable. We may then:

(a) declare the bet void and return your sports bets to your account; and/or

(b) correct any error made on a bet placed and re-settle the same at the correct price or terms which were available or should have been available through BetVictor at the time that that sports bet was placed. This means that your sports bet will be deemed to have taken place on the terms which were available for that sports bet immediately before the error occurred.

17.8. If you have received monies in error, you may be required to return those monies to us. There may be circumstances where monies are paid to you in error (for example, an error on bet settlement). We will use our reasonable endeavours to detect any errors and inform you of them as soon as possible. However, if you have been credited with any monies which are due to an error then you will hold those monies on trust for us and you will have to immediately repay us if we issue you with a demand. If those monies are still in your account, then we may reclaim these monies directly from your account. In addition, if you then use funds which have been credited to your account as a result of an error to place subsequent sports bets or casino wagers, we reserve the right to cancel such sports bets, casino wagers and/or withhold any winnings which you may have won.

17.9. We will not be liable if you are not able to place a bet for any reason (other than due to our negligence). We will not be liable for any losses, damages or injury which you incur due to failure to enter any promotion, including failure to win, accept or use of any prize.

17,10, We will not be liable for failures due to technical, hardware or software malfunction of any kind or lost or unavailable network conditions. We will not be liable if there is any fault in the game, for example:

(a) misconfiguration of any of the casino games; or

(b) game malfunction, when the game materially does not operate as intended, there is a game defect identified by the supplier, and/or the game is not functioning as certified by the independent test house. Such malfunctions can include: defects in the operation of the random number generator, incorrect activation of bonus rounds or game stages, and incorrect win conditions; but there can be many types of malfunction.

17.11. In the event of any game malfunctions, we might need to void bets or wagers placed whilst the games were malfunctioning, and no winnings will be paid to you. When a game fault is discovered, we will report it to the relevant regulatory authorities as soon as we become aware of the game fault. 

17.12. We may also need to contact you to discuss safer gambling or information provided for Identity Check purposes whilst you’re using our site, and we will not be liable if such an interaction interrupts your game play or prohibits you from placing a bet. 

17.13. Nothing in our terms and conditions will exclude our liability for fraud or death or personal injury resulting from our own negligence.

 

18. Unacceptable use of our services.

Simply put

We don’t tolerate any illegal behaviour so keep it honest. If we suspect you are undertaking prohibited activities, we will report you to the authorities and close your account.

18.1. You may not use illegal funds for our services or carry out unlawful activities on it. By using our services, you confirm that the sources of funds used by you for gambling are not illegal and that you will not use our services in any way as a money transfer system. You must not use our services for any unlawful or Fraudulent Activity or Prohibited Practices (both as defined below) (including money laundering) under the laws of any jurisdiction that applies to you (in particular, the laws of Ontario). You should report to us immediately if you believe that any other person is undertaking any Prohibited Practices. If we request it, you must cooperate fully with us in relation to any investigation into any Prohibited Practices.

18.2. You may not use third party software to place any bets or play games on our website. You shall not conduct or facilitate any data mining or web scraping in relation to our services or website, including the use of ‘bots’ to circumvent our internal systems. This is considered to be a Prohibited Practice and we will be entitled to terminate your access immediately and/or block your account. All bets must be submitted using our designated bet slips exclusively using the software we provide. If we believe in our sole discretion that you are using third party software or anyone else’s bet slips when using our services, we reserve the right to withhold funds and cancel transactions. 

18.3. If we suspect you are engaging in unlawful activities, we may suspend your access or close your account. If we reasonably suspect that you are engaging in or have engaged in Fraudulent Activity, Prohibited Practices or any other unlawful or improper activity (including but not limited to money laundering), or conduct otherwise in material violation of the terms and conditions, we may terminate your access immediately and/or block your account. In such an event:
 

(a) we are not obliged to return any funds that may be in your account and we reserve right to withhold and/or retain any and all amounts which would otherwise have been paid or payable to you (including without limitation any winning or bonus amounts). If we close or suspend your account, the balance of your funds will be non-refundable (including any winnings or bonus funds) and they will be deemed to be forfeited by you to the extent of any claim that we may have against you as at the date of such closure. In addition to terminating your access to the services and/or blocking or closing your account, we reserve the right to prevent you from accessing our apps, website or servers, or accessing any other services we offer; and

(b) we may report you to the authorities. We may seek criminal or contractual sanctions against you and are entitled to inform relevant authorities, other online service providers and banks, credit card companies, electronic payment providers or other financial institutions of your identity and of any suspected Fraudulent Activity, Prohibited Practices or any other unlawful or improper activity and you will cooperate fully with us in order to investigate any such activity. If the gameplay on your account indicates that you are using such betting techniques, we will immediately block the account and retain any funds in said account.

18.4. We may end your contract at any time, including if we suspect that you break these terms. We may restrict your access to BetVictor, temporarily suspend or permanently terminate your account, withdraw your offers for bets, void any bets that have been settled on your account, cancel and void any outstanding bets in our absolute discretion without cause at any time for any reason, including but not limited to if:

(a) we suspect that you are engaging in Fraudulent Activity, Prohibited Practices or any other unlawful or improper activity;

(b) you fail any SOF Check or Identity Check;

(c) we are required to do so by any applicable law, rule or regulations including where we have safer gambling concerns/obligations in accordance with our licence conditions or any other regulatory requirements. If your account is closed due to safer gambling concerns, we will not enter into any further correspondence (you will receive your winnings but we will not correspond with you at all);

(d) there is a material technological failure which prevents us from offering the services;

(e) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services, for example, an updated home address if you have moved;

(f) we suspect you are acting in a manner that may result in legal liability for you, us or third parties or may be detrimental to the conduct of our business;

(g) you are taking unfair advantage of us or any other player or otherwise acting unfairly (e.g. by colluding with other players, attempting to exceed the maximum pay-out or take advantage of any winnings or bonuses not otherwise available, attempting price manipulation, taking advantage of any picture or odds latency in match screening, match fixing or acting either in conspiracy or concert with another individual in respect of a bet);

(h) we suspect that your account’s ‘public market data’ usage (‘public market data’ includes market prices, traded volumes and market depth) could represent ‘business usage’ (‘business usage’ includes any use by a betting operator or any use by an individual or organisation supplying data or services to a betting operator);

(i) we suspect that you may be having difficulties obtaining credit (suggesting issues with affordability);

(j) you become bankrupt or suffer analogous proceedings anywhere in the world;

(k) you are prohibited from entering into a bet by any term of your contract of employment or any rule of a sport governing body or other professional body which applies to you;

(l) you place a bet on any sporting match or event in which you take part (or in which a team of which you are a member, or in respect of which you are employed, takes part);

(m) we suspect that you have (or may have) otherwise materially breached these terms and conditions; or

(n) you post obscene, libellous, defamatory, hateful or racially or ethnically objectionable information on our website or any information that violates the privacy or publicity rights of any third party.

18.5. If you have placed all of the necessary qualifying bets for a bet credit promotion but not yet used the applicable bet credit, you may be allowed to place the bet credit in accordance with the terms on which it was granted. If you have placed some but not all of the necessary qualifying bets for a  bet credit promotion, you will not be allowed to place the remaining qualifying bets to complete the promotion.