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Terms & Conditions
Introduction
mFortune Casino
– Mobile Casino Gaming System and related services and gaming activities as
offered and listed at www.mFortune.co.uk and associated sites including but not
limited to, mobile casino games and/or any other games, where applicable; also
referred to as mFortune, Mobile Casino,
Mobile Casino System
Software – the
software licensed to us including any program or data file or any other content
derived there from, that require to be downloaded, accessed or otherwise
utilized by you from the Website or Mobile Device enabling you to participate
in the mFortune Mobile Casino
You – the user of the Mobile Casino Software; also referred to as The Player
Us/We/Ours – Intouch Games Ltd under the brand name of mFortune
Website –
mFortune website www.mFortune.co.uk or any other http addresses that point to
it or associated with Intouch Games Ltd or the mFortune brand.
The mFortune
Mobile Casino System and Website is wholly owned and operated by Intouch Games
Ltd based in Stourbridge, UK and is regulated by the UK Gambling
Commission.
Once you have
accepted the terms and conditions of our offer (as expressed herein) this User
Agreement, being a legally binding agreement between you and Intouch Games
Limited will govern your use of the mFortune Mobile Casino System.
The Player should
not participate in games, open, use, reuse an account, enter web site or casino
nor accept any prize if the Player does not agree with the terms and conditions
or understand them, or such rules as may change from time to time.
Legal Requirements
You can only use
the mFortune Mobile Casino and/or the Website if you are the legal age as
determined by the law of the country where you live.
You cannot use
the mFortune Mobile Casino and/or the Website if you are under 18 years of age
in any circumstances.
By placing real
bets, the Player warrants that he/she is legally able to do so within his/her
jurisdiction and that he/she accepts that we are unable to provide any
warranties as to their legality or otherwise of their participation in real money
play. The Player warrants that there are no legal or other restrictions against
participation at mFortune Mobile Casino within his/her jurisdiction. It is the
sole responsibility of the Player to determine if remote gambling is legal in
his/her jurisdiction.
No officer,
director, employee, consultant or agent of the Intouch Games Ltd or any of its
group companies, suppliers or vendors or software developer is permitted to use
the Mobile Casino directly or indirectly, for personal use and enjoyment. This
restriction also applies to relatives of such persons and for this purpose a
“relative” includes, without limitation, any spouse, partner, parent, child or
sibling.
License To Use Software
We hereby grant
to you a personal non-exclusive, non-transferable right to use the Software,
for playing in the mFortune Mobile Casino, in accordance with the following
provisions.
You are NOT
permitted to: a) sub-license, assign, rent, lease, loan, transfer or copy
(except as expressly provided elsewhere in this agreement), your license to use
the Software or make or distribute copies of the Software; b) translate, reverse
engineer, decompile, disassemble, modify, create derivative works based on, or
otherwise modify the Software; c) enter, access or attempt to enter or access
or otherwise bypass our security system or interfere in any way (including but
not limited to, robots and similar devices) with the mFortune Mobile Casino or
the Website or attempt to make any changes to the Software and/or any features
or components thereof.
You do not own
the Software. The Software is owned and is the exclusive property of the
licensor (Intouch Games Ltd). Your use of the Software does not give you
ownership of any intellectual property rights in the Software. This agreement
applies only to the grant of the license to use the Software.
The software is
provided “as is” without any warranties, conditions, undertakings or
representations, express or implied, statutory or otherwise. We hereby exclude
all implied terms, conditions and warranties (including any of merchantability,
satisfactory quality and fitness for any particular purpose). We do not warrant that the software will meet
your requirements.
We do not
warrant that the software will be non-infringing or that the operation of the
software will be error free or uninterrupted or that any defects in the
software will be corrected, or that the software or the servers are virus-free.
In the event of communications or system errors occurring in connection with
the settlement of accounts or other features or components of the software
neither we nor our software provider will be liable to you or to any third
party for any costs, expenses, losses or claims arising resulting from such
errors. We further reserve the right in the event of such errors to remove all
relevant games from the software and the website and take any other action to
correct such errors.
Security
We only allow
access to playing games on the mFortune Mobile Casino through secured networks
using encryption of the user name and password. You cannot play games on the
mFortune Mobile Casino without passing our customer security login.
You may not use
the mFortune Mobile Casino for any commercial use or on behalf of another person.
Any use of the mFortune Mobile Casino by you is for your private purposes only.
You must keep
your Username and Password confidential and should not disclose them to
anybody. You may not use anyone else's password. You shall be responsible for
all transactions conducted in relation to your Player Account using your
Password. Every person who identifies
him/herself by entering their correct Username and Password is assumed by us to
be you and all transactions where the Username and Password have been entered
correctly will be regarded as valid.
We will only use
your personal information in accordance with our Privacy Policy. We reserve the
right to amend the Privacy Policy at any time. However, we reserve the right to
ask you to provide us with additional details and any such additional
information will be kept confidential. We further reserve the right under
certain circumstances to disclose certain details to relevant authorities
should it be required to do so by law, or a regulatory body. Subject to the
provisions of the privacy policy, this right to disclose personal information
to bodies or authorities whose purpose is to investigate money laundering,
fraud and other criminal activity will be to the extent required by law.
Deposited funds
must be wagered through once in their entirety before becoming 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.
Intouch Games Ltd, has taken steps to protect our customers by maintaining all players funds in a separate ring-fenced bank account. In the event of insolvency this account is protected by NatWest Bank plc. The balance of this account always exceeds the total of our current customer balances.
Reservation of rights
We reserve, at
our sole discretion, the right to: a) refuse to register any applicant for
registration on the Website or the mFortune Mobile Casino system; b) change,
suspend, remove, modify or add any game or tournament on the mFortune Mobile
Casino.
We reserve the
right to reasonably withhold any pay out or winning amount until the identity
of the winning person is verified to our satisfaction in order to ensure that
payment of the winning amount is being made to the correct person.
In the event
that we will suspect fraud or fraudulent activity on your part or any of your
payments are charged back, we will have the right to withhold any pay-out or
winning amounts due to you and if necessary, to lawfully collect any payments
owed by you.
We may at any
time without prior notice to you terminate your use of mFortune Mobile Casino
and block your Player Account if we consider that you are in breach of any of
the terms and provisions of this Agreement or that you are otherwise acting
illegally. We will not be under any obligation in such circumstances to refund
or otherwise reimburse you for any of the funds in your Player Account.
We reserve the
right to transfer, assign, sublicense or pledge this Agreement, in whole or in
part, to any person without notice and you will be deemed to consent to such
assignment.
By accepting any
prize and/or winnings from the mFortune Mobile Casino, the Player consents to
the use of his/her name for advertising and promotional purposes without
additional compensation except where prohibited by law.
We may offer you
a facility to top up your gaming account by applying a charge to your mobile
phone bill or mobile phone pre-pay account to a maximum of £30 per day. 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 or we suspect non-payment or
misuse to your mobile network operator we may suspend or cancel your account or
ask you to provide evidence of payment to your network operator. Any winnings
in your account will be forfeit.
We reserve the
right to void winnings or cash-ins enabled by wins resulting from any obvious
error or mistake or any technical fault (including, but not limited to,
incorrect game payouts) with any of the games offered. You will forfeit any
winnings/losses that result from such errors or mistakes or technical faults.
Cheques issued for payment of winnings are valid for 180 days. A stop will be put on any cheques not presented within this period & they cannot be reclaimed.
It is the responsibility of the player to provide correct bank details for winning payments. Any payments returned to us due to incorrect bank details will be held for 180 days. After 180 days has elapsed players will not be entitled to request re-payment.
Cancellation and Refunds
No bet can be
cancelled once confirmed by us and no refund will be given on confirmed bets.
All bets stand once confirmed whether the customer is on-line or off-line.
We reserve the
right to withdraw the Product or elements of the Product at any time, and will
not be liable to you as a result of any such action. By pressing Spin \ Deal
etc you accept you are confirming the bet.
Players MUST
accept the risk of disconnection. Disconnections can and do occur. (Log back on
and continue play as quickly as possible). To limit potential disconnection
difficulties, please consult with your service provider as to what measures can
be initiated to help reduce this risk. At no time will mFortune assume
responsibility for disconnected players regardless of cause. No refund will be
given for any loss due to disconnection.
Member Exclusion, Account Suspension and Closing Accounts
We reserve the
right, at our sole discretion, to suspend an account and to void any winnings
and remove any balance in an mFortune Mobile Casino account in any of the
following circumstances: a) If the Player has more than one active account for
the mFortune Mobile Casino; b) If the name on the Player's Mobile Casino
account does not match the name on the credit card(s) used to make deposits on
an mFortune Mobile Casino account; c) If the Player provides incorrect or
misleading registration information; d) If the Player is not of legal age;
e) If the Player resides in a
jurisdiction where participation in mFortune Mobile Casino games is prohibited
by law; f) If the Player has allowed or permitted (intentionally or
unintentionally) someone else to play on his/her mFortune Mobile Casino
account; g) If the Player is found cheating or if it is determined by the
mFortune Mobile Casino that he/she has employed or made
use of a system (including machines, computers, software or other automated
systems) designed specifically to defeat the mFortune Mobile Casino or the player
has manipulated a software error to their benefit; h) Where
we have requested additional identification to be supplied by the player and
the player has failed to provide satisfactory identification within 30 days of
the request.
Strict
money laundering rules and regulations require us to report suspicious activity
to the relevant authorities if we know, suspect or have reason to suspect that any of
your transactions, among other actions, (a) involve funds derived from illegal
activities, (b) are intended to conceal funds from illegal activities, or (c)
involve the use of the mFortune Mobile Casino to facilitate criminal activity.
The Player has
the right to close an account at any time. A Player should indicate his desire
to close an account in writing, via e-mail, fax or letter, using our Contact Us
section.
Strict
money laundering rules and regulations require us to report suspicious activity
to the relevant authorities. If we know, suspect or have reason to suspect that any of
your transactions, among other actions, (a) involve funds derived from illegal
activities, (b) are intended to conceal funds from illegal activities, or (c)
involve the use of the mFortune Mobile Casino to facilitate criminal activity.
The Player has
the right to close an account at any time. A Player should indicate his desire
to close an account in writing, via e-mail, fax or letter, using our Contact Us
section.
Random number generator
The random
number generator used by mFortune Casino has been audited and verified by an
independent laboratory approved by the UK Gambling Commission.
You acknowledge
that our random number generator will determine the outcome of the games played
on the mFortune Mobile Casino and you accept the outcomes of all such games.
You further agree that in the unlikely event of a disagreement between the
result that appears on the Software and the game server, the result that
appears on the game server will prevail and you acknowledge and agree that our
records will be the final authority in determining the terms and circumstances
of your participation in the Mobile Casino gaming activity.
Credit Checking and Age Verification
When deciding
whether to accept your registration, we may supply the information you have
given us to authorized credit reference agencies to confirm your identity and
card details. They will check any details we disclose to them against any
databases (public or private) to which they have access and will keep a record
of that check. You agree that we may process, use, record and disclose personal
information which you provide in connection with your registration and that
such personal data may be recorded by us or them. For your protection, any
telephone calls to our Customer
Care Team may be recorded and monitored.
We will not open
an account unless we believe, acting reasonably, that you are 18 years or over.
It is illegal in the UK for anyone to facilitate gambling with anyone aged
under 18 and if you are under 18 and in the UK you will be guilty of a criminal
offence.
We are entitled
to verify any information you give us when you open an account to ensure you
are over the age of 18 and we may ask you to provide us with proof you are over
18. You will not be able to withdraw any winnings until our verification
process has been satisfactorily completed. In any event, if you have failed to
satisfactorily complete our age verification checks within 72 hours of your
registering a relevant bank card and placing your first bet or wager, we are
entitled to freeze your account, prevent you from gambling any further until
you have satisfactorily completed these checks and, if upon completion of age
verification you are ultimately shown to be underage, we will return all stakes
to you but are under no obligation to pay any winnings.
Valid bets and wagers
You may bet up
to the amount deposited on your account. We do not operate credit accounts.
When a bet is placed and confirmed, the corresponding amount is charged from
you mFortune Casino balance.
The Player is
obliged to check that the bet instructions he/she has submitted are correct before
confirming the bet. We reserve the right not to accept a bet, or not to accept
a part of any bet. We reserve the right to propose a different stake size or
price for the selection on any bet.
At all times,
where there is any disagreement as to the details of the bet, our records shall
prevail.
A bet is deemed
to be valid only following electronic confirmation of acceptance. Only then is
it logged in our server. This acceptance is demonstrated with the generation of
a Bet Identification log report, where a Bet Identification log report is
generated at the time the bet is submitted to the server and acceptance is only
confirmed once the status of the bet has been confirmed by the generation of a
Bet Identification log report. Any bet that has not been officially transmitted
into the server in accordance with the above will be deemed void.
We reserve the
right to refuse all or any part of a bet offered to us, void any accepted bets
and withhold settlement if we have reason to believe: a) You are under 18 years
of age; b) You are involved in fraud, money laundering, collusion, manipulation
of our software, match rigging or cheating of any kind; c) You are in a
jurisdiction (or citizen of a jurisdiction) that renders the provision of our
products or services to you or your use of them illegal;
Complaints and Disputes
In this section
of our Terms and Conditions a "complaint" means a complaint about any
gambling transactions and a "dispute" means any complaint which is
not resolved through the Complaints Procedure and which relates to the outcome
of a gambling transaction. All disputes are dealt with under our Complaints
Procedure. Complaints will not be heard by us if they are not raised with our
Customer Care Team within 14 days of the event occurring to which the event
relates to.
In relation to
all complaints or disputes, we reserve the right to record all telephone and
e-mail communications with you and any other person. In the event of a dispute
as to the contents of any such communication, reference will be made to such
records and to our transaction database which, in the absence of any contrary
evidence, shall be decisive.
It shall be a
condition of your agreement with us that any complaints and disputes are and
remain confidential both whilst we seek a resolution and afterwards. You agree
that you shall not disclose the existence, nature or detail of any complaints
and disputes to any third party (which shall include the discussion of any such
complaints and disputes in any chat room or forum offered by ourselves or any
third party). If you do so, that shall be considered a breach of the Terms and
Conditions and we will no longer be obliged to continue seeking a resolution to
your complaint and dispute and shall be entitled to freeze (and potentially
close) your account.
Complaints Procedure
We take complaints very seriously. If you
have any cause to complain about anything that has happened as a consequence of
your dealings with us, you should notify us by contacting our Customer Care
Team on +44 (0)845 460 1025. If your
complaint is not resolved within ten working days you should address your
complaint in writing by e-mail complaints@mfortune.co.uk
by fax +44 (0)1384 444573 or post to Intouch Games Ltd. Bradley Rd Stourbridge,
West Midlands DY8 1UX, England. All correspondence relating to complaints must
include your full name and mobile phone number. Complaints must only relate to
gambling transactions and not relate to Chat Room activity or any other none
gaming transactions. We will deal with your complaint as quickly as we
reasonably can. Where necessary we may
request appropriate evidence from you for the purposes of settling your
complaint. If a complaint is not resolved to your satisfaction by the use of
our Complaint Procedure, you may refer the matter to an independent
adjudicator. The appropriate adjudicator will be appointed by Intouch Games
Ltd. We will inform you which body to refer to, upon request. View our full
complaints procedure.
Promotional offers
Where we offer
to match a Player's deposit in part or in full as part of a promotion, this
money is provided for Players to bet with, and it may never be withdrawn as
cash.
We reserve the
right to insist that Players bet the full amount of their own deposit before
they can bet with the free money we credit to them.
Both the initial
deposit and bonus must be staked once before any withdrawal will be permitted
although a void bet will not qualify as being staked.
As only one
account per person is permitted, any Player is entitled to only one initial
matched deposit.
Certain
promotions may be subject to withdrawal and/or cancellation and may only be
available for specific periods and on certain specific terms. You must ensure
that the promotion you are interested in is still available, that you are
eligible, and that you understand any terms which apply to it.
An advertised
offer relating to the opening of an account is limited to one per Player. In
the case of a Player abusing this offer by opening more than one account, we
reserve the right to suspend and close the player’s accounts, and make void any
bets placed.
Promotional
offers may be subject to specific terms and conditions which, in the event of
any ambiguity, will take precedent over these General Terms and Conditions.
Any promotion offering a free bonus without the need for the player to ever make a deposit is covered by a fair usage policy and the maximum withdraw a player can make without depositing is £500.
We offer a very
generous bonus scheme. Where we suspect our bonus offering is being abused we
retain the right to close the players account immediately. Any un-staked
deposited funds will be returned to the player and all bonuses will be
canceled along with any pending withdrawal.
For more
information please see our separate bonus terms & conditions
Network Operator and Other Charges
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.
General Provisions
The
construction, validity and performance of this agreement will be governed by UK
law. However, this shall not prevent us from bringing any action in the court
of any other jurisdiction for injunctive or similar relief. The English
language version of this Agreement will prevail over any other language version
issued by us.
The illegality,
invalidity or enforceability of any part of this agreement will not affect the
legality, validity or enforceability of the remainder.
We may, at our
sole discretion, make changes to this agreement or the rules or Privacy Policy
at any time. The changes will take effect from the date specified when they
occur. It is important, therefore, that you log in to the Website from time to
time and check to see whether there is a notification of change. You are solely
responsible for reading the changes.