IN TOUCH GAMES LIMITED
Terms And Conditions
These general terms and conditions ("Terms and Conditions") are effective from 1st March 2018. All previous terms and conditions are cancelled and replaced with these Terms and Conditions.
Please note the following:-
- All deposits are non-withdrawable. You may not automatically withdraw any amount which you deposit or any remainder of a deposit which has been partly played through. Please see section 5 for more details.
- Other important terms and conditions are displayed in bold type.
Section 1: Definitions
In these Terms and Conditions the following definitions have the following meanings:
"bet / wager / stake" - any amount risked by the Player on any game.
"Player Account" - a player account created by you using your personal details to enable you to play any of our games; also referred to as an "Account".
"Software" - the software licensed by or to us, including any program or data file or any other content derived there from, that is required to be downloaded, accessed or otherwise utilised by you from the Website or your mobile device enabling you to use our betting and gaming products.
"you" - the user of our betting and gaming products; also referred to as the "Player".
"us/we/ours" - In Touch Games Ltd (company number 04629082) and with its registered office at Fountain House, Great Cornbow, Halesowen, West Midlands, B63 3BL. In Touch Games Ltd is licensed and regulated by the British Gambling Commission (Licence number 000-002091-R-104264-022).
"Website" - www.mfortune.co.uk
Section 2: Introduction
- We offer a variety of slot machine, casino and bingo games ("betting and gaming products"). These Terms and Conditions apply to all of our betting and gaming products. Please read these Terms and Conditions carefully. If you do not accept these Terms and Conditions in full, you should not use our betting and gaming products on the Website or via mobile devices or tablets, including downloadable applications to a mobile.
- We may at any time, and in our sole discretion, without prior notice to you, terminate your use of our games and products and block your Player Account if we consider that you are in breach of any of these Terms and Conditions 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.
- If you don't understand any of these Terms and Conditions and would like to discuss these with us,
please contact us by:
- telephone on 01384 880842 or request a free callback by texting HELP to 85777; or
- live chat, via the Support Button on the Website
- For your protection and for training purposes, any telephone calls and live chat transcripts with us are recorded and monitored and may be used as evidence in any dispute.
Section 3: Changes to these Terms and Conditions
- We reserve the right to withdraw our betting and gaming products, at any time, and will not be liable to you as a result of any such action.
Section 4: Opening an Account
- Inorder to use our betting and gaming products, you will need to create a Player Account on our Website. You are entitled to open and keep only one Player Account with us.
- You can use our betting and gaming products only if you are of the legal age, as determined by the law of the country in which you live.
- You cannot use our betting and gaming products if you are under 18 years of age, in any circumstances. If you are under 18 years of age, you will be guilty of a criminal offence in the UK. We will not open an Account unless we believe, acting reasonably, that you are aged 18 years or over. It is illegal in the UK for anyone to facilitate gambling for anyone aged less than 18 years of age.
- We are entitled to verify any information you give us when you open an Account to ensure you are over the age of 18 years and to ensure that the information you have provided is true, complete and accurate. We may ask you to provide us with proof that you are over 18 years of age. We may supply the information you have given us to authorised credit reference and data aggregator agencies to confirm your identity and to confirm that you are over 18 years of age. They will check any details we disclose to them against relevant databases (public or private) to which they have access, and will keep a record of that check. We may carry out secondary verification checks in any circumstances which give rise to suspicion that you may be underage, to verify the accuracy and completeness of the information provided and/or to establish source of funds.
- You will not be able to withdraw any winnings from your Player Account until our identity verification process has been satisfactorily completed.
- If you fail to satisfactorily complete our age verification checks within 72 hours of making your first deposit, we reserve the right to close your Player Account and prevent you from gambling any further until you have satisfactorily completed these checks.
- You may not use our betting and gaming products for any commercial use, or on behalf of another person. Any use of our betting and gaming products by you must be for your private purposes only.
- We reserve the right to contact you, from time to time, to request further information about your identity. This may include, but is not limited to, proof of funds. In such circumstances, you will have 14 days to provide us with the information requested. If you do not provide us with the information requested within 14 days, we reserve the right to close your Player Account until we have received the information requested.
- Further information about our responsible gambling procedures can be found on our responsible gambling website page. If you have any comments or queries in respect of this, please do not hesitate to contact us.
- We take our regulatory responsibilities very seriously. As a responsible gambling operator, we take all necessary steps to ensure that our Players are protected, as well as ensuring that our business operates in a responsible and legal manner. Every precaution is made to protect and advise our Players of the potential for gambling related harm, as well as ensuring the legitimacy of our Players.
- No officer, director, employee, consultant or agent of ours or any of our group companies, suppliers, vendors or software developers is permitted to use our betting and gaming products 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, step-child or sibling. If we determine in our sole discretion that such use has taken place it will not be possible for any winnings to be withdrawn from any such use and it may be appropriated to take disciplinary action against those involved.
Section 5: Deposits
- Any money deposited by you will go into your Bonus Credit Account. All deposits are non-withdrawable. You may not automatically withdraw any amount which you deposit or any remainder of a deposit which has been partly played through. If you make a deposit in error, please contact our Customer Support Team on 01384 880842 and, at our sole discretion and depending on the circumstances, we may refund a deposited amount to you.
- You may make a deposit by debit or credit card, by PayPal or pre-paid voucher. In addition, we may offer you a facility to top-up your Account by applying a charge to your mobile phone bill or mobile phone 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 your non-payment or misuse of this facility, or if payment is withheld by your operator or we reasonably suspect your non-payment or misuse of this facility, we may ask you to provide evidence of payment to your network operator and, if you are not able to provide this, we reserve the right to close your Account. You will lose any amounts deposited and will not be entitled to withdraw any amounts in your Player Account if your Account is closed in these circumstances.
- We may at any time off set any positive balance in your Cashable Credit Account against any amounts owed by you to us including, but not limited to, any fraudulent chargebacks and any bad debts related to your non-payment of your mobile phone bill.
- There is no maximum deposit amount unless you are using your mobile phone account, in which case your mobile phone carrier may impose daily/monthly limits on how much you are entitled to deposit by phone.
- The minimum deposit to play our betting and gaming products is £3 by mobile phone or £5 by credit or debit card, PayPal and all other available methods
Section 6: Valid Stakes, Bets or Wagers
- You may stake up to the amount of the balance available in your Player Account. We do not offer Player Accounts with a credit facility.
- When a bet or stake is placed and confirmed, the corresponding amount is deducted from your Player Account balance.
- Game specific rules will be made available to you before you start playing a game. These rules can be located on the Website and within each game. These are referred to as the Rules of the Game. It is your responsibility to read and understand these game specific rules before you start playing.
- It is your responsibility to check that the bet instructions you have submitted are correct before committing to play.
- Stakes from your Account will be made in this order:
- free spins (if any);
- any winnings in your Cashable Credit account;
- any deposits in your Bonus Credit account;
- any bonuses in your Bonus Credit account.
- By placing a real money bet, you warrant that you are legally able to do so within your jurisdiction and that you accept that we are unable to provide any warranties as to the legality or otherwise of your participation in real money play. It is your responsibility to determine if remote gambling is legal in your jurisdiction.
- In the event of a disconnection from the service whilst you are using our betting and gaming products, you are advised to log back on as quickly as possible. If you experience disconnection difficulties on regular basis, please consult your service provider as to what measures can be initiated to help reduce this risk. We shall not be responsible for any damages, liabilities or losses suffered as result of the disconnection of Players during play.
- In relation to our casino games, all winnings from any bet covering over 75% of the roulette table numbers, placed as single number bets, outside bets or a combination of both, will be void and your stake will be returned to your account.
Section 7: Bonuses
Section 7a: General rules applicable to bonuses
- We offer a number of opportunities for Players to qualify for bonus money which is added to a Player's Bonus Credit Account. This includes, for new Players, the New Player Free £5 Bonus (occasionally advertised as "50 free spins") and the First Deposit Match Bonus. Other Bonus Credit is available from time to time. All bonuses can be used to win real money.
- Bonus credit will be added to your Bonus Credit Account, along with any money deposited by you. Winnings arising out of Bonus Credit (except for winnings resulting from Locked Free Spins) will be credited to your Cashable Credit Account.
- You cannot withdraw deposit or bonus credit from the Bonus Credit Account. See paragraph 21 above in relation to deposits made in error.
- Any winnings achieved using Bonus Credit can be withdrawn at any time without you losing any of your remaining Bonus Credit. The only exception to this is in relation to the First Deposit Match Bonus (see Section 7c).
- When you download a game with a free bonus attached, the bonus can be claimed only once and only within that game. There will be no bonuses for subsequent downloads of the same game by you.
- You will receive regular updates by text message advising you of bonuses received or available.
- From time to time we may offer bonuses that, if not used, expire after a certain time period. Please note that if the bonus is not used within this time period, it will disappear from your Player Account.
We reserve the right to close your Account if you are abusing our bonus promotions. Examples of
- evidence of a series of bets being placed by a Player, or a group of Players, which, due to a deposit bonus or other promotional offer, results in guaranteed wins;
- evidence of collusion between Players in connection with our casino games;
- abuse of the Refer a Friend Bonus by, for example, creating duplicate accounts or purchasing a mobile phone database and using those phone numbers to create accounts; and/or
- the same Player opening more than one Account with us in order to benefit from New Player or other bonuses.
- If your Account is closed due to abuse of bonus promotions, you will lose any amounts deposited and will not be entitled to withdraw any amounts from your Player Account.
Section 7b: New Player Free £5 Bonus / "50 Free Spins"
- If you are a new Player, upon registration and passing our verification procedures you will receive a New Player Free £5 Bonus to enable you to try our games before depositing any funds of your own. Existing registered Players do not qualify.
- Subject to our withdrawal limits, you may withdraw any winnings from your Cashable Credit Account before you have played through the full New Player Free £5 Bonus and/or before you have made any deposit and you will not lose the remainder of the New Player Free £5 Bonus; this will remain in your Bonus Credit Account.
- We may occasionally advertise our New Player Free £5 Bonus as "50 free spins". This is based on a hypothetical bet of £0.10 per spin i.e. 5 win lines at £0.02 per line = £0.10 per spin x 50 = £5 bonus credit. You are free to determine the number of win lines. If you choose to bet over more than 5 lines in a game, the number of free spins you receive will be less.
Section 7c: First Deposit Match Bonus
- If you are a new player, in addition to the £5 bonus, you will receive a once only 100% First Deposit Match Bonus. We will pay an amount equal to your first deposit into your Bonus Credit Account. The 100% First Deposit Match Bonus will be automatically credited to your Bonus Credit Account within 10 minutes of the receipt of your first deposit.
- To qualify for the First Deposit Match Bonus, your first deposit must be £3 minimum. The 100% First Deposit Match Bonus is subject to a maximum of £100.
- If you withdraw any winnings from your Cashable Account before you have played through the First Deposit Match Bonus in full, you will lose the remainder of your First Deposit Match Bonus. The amount of your deposit will, however, remain in your Bonus Credit Account.
Section 7d: Locked Free Spins
- We may occasionally issue free spin bonuses (e.g. a new game download free spins offer) which are locked to a game or a selection of games for you to choose from. Locked free spins are locked to a minimum bet amount over (in most cases) all available win lines. Where this varies, this will be specified in the promotion.
- The Locked Free Spins Bonuses may be time limited and, if not used in the time period specified in the promotion, will disappear from your Player Account. If, whilst using Locked Free Spins, additional free spins are won as a prize, the prize free spins will expire at the same time as the Locked Free Spins from which they were won.
- Winnings from Locked Free Spins (and prize free spins) will be added to your Bonus Credit (and hence are not immediately withdrawable). Winnings from Bonus Credit will be paid to your Cashable Credit Account.
- Subject to our withdrawal limits, you may withdraw any winnings from your Cashable Credit Account before you have played through the full Refer a Friend Bonus and you will not lose the remainder of your Refer a Friend bonuses; this will remain in your Bonus Credit Account.
Section 7e: Refer a Friend Bonus
- A Refer a Friend Bonus may be available to you. Players who refer a friend will receive a bonus of £5 plus the value of 50% of their friend's first deposit. The 50% of the friend's first deposit is subject to a maximum of £100.
- The friend must be referred by using the 'Refer a Friend' option from the game menu. If they are not already registered with us, we will send them a text message with a time limited activation link. Your friend must respond to this activation link, register with us within 7 days of receipt and must have satisfied our verification processes before the bonuses are applied.
- Subject to our withdrawal limits, you may withdraw any winnings from your Cashable Credit Account before you have played through the full Refer a Friend Bonus and you will not lose the remainder of the New Player Free £5 Bonus; this will remain in your Bonus Credit Account.
Section 7f: Bingo Loyalty Bonus
- You will automatically be enrolled into our Bingo Loyalty Scheme when you use your Player Account to play Bingo. You will be awarded 2 Loyalty Points for every £1 of Cashable Credit which you spend on Bingo.
- The value of gifts redeemed from the Loyalty Shop will be equivalent to no more than three times the value of deposits on your Player Account during the previous calendar month. When no deposits have been made, claims from the Loyalty Shop will be limited to a maximum value of £10. Non-monetary gifts will be valued at market rate value.
- When a Player has placed more than 90% of their total stakes in Bingo, Loyalty Points earned (and Loyalty Shop claims) will be limited to three times the value of lifetime deposits on the Player's Account. We reserve the right to void any Loyalty Points in excess of this amount.
Section 7g: Wheel of Fortune Bonus
- We may occasionally offer you the chance to access a Wheel of Fortune feature. The Wheel of Fortune feature is time limited and will be available to you only until the timer in your game lobby runs out.
- Where you are required to pay to spin the Wheel of Fortune, the cost of spinning the Wheel will be stated on the promotion page. Where you are required to make a deposit to qualify for the Wheel of Fortune, the minimum deposit is £3 by phone bill and £5 by all other available methods. Please note that all deposits are non-withdrawable.
- Where a Wheel of Fortune prize has a monetary value, that value will be paid in bonus credit. Where a Wheel of Fortune prize comprises free spins, the winnings from those free spins will be paid in bonus credit. Bonus credit is not withdrawable.
- Winnings won using bonus credit can (subject to our minimum withdrawal limits) be withdrawn at any time. Withdrawals will not affect any remaining Wheel of Fortune bonus, although other deposits may be affected.
Section 7h: Game Download Bonus
- We may offer game download bonuses from time to time either in the form of Locked Free Spins (in which case, please see Section 7d for relevant terms and conditions) or bonus credit with a monetary value. The amount of Locked Free Spins or Game Download Bonus credit will be stated in the relevant game download promotion. Bonus credit is not withdrawable.
- Winnings from Game Download Bonus credit (excluding Locked Free Spins) will be paid into your Cashable Credit account. Subject to our withdrawal limits, you may withdraw any winnings from a monetary value Game Download Bonus credit before you have played through the full amount and you will not lose the remainder, which will remain in your Bonus Credit account.
Section 7i: Non Mobile Phone Billing Bonus
- You will receive a bonus equal to 10% (up to a maximum bonus of £100) of the value of every deposit that you make by debit card, credit card, Paypal, Paysafe Card, Skrill and any other payment method (excluding mobile billing) that we accept from time to time. This bonus is paid as bonus credit. Bonus credit is not withdrawable.
- Subject to our withdrawal limits, you may withdraw any winnings from your Cashable Credit account before you have played through any non mobile phone billing bonus and you will not lose the remainder, which will remain in your Bonus Credit Account.
Section 8: Withdrawals
- Subject to the minimum withdrawal amounts, you may withdraw any winnings immediately from your Cashable Credit Account.
- If you are a UK resident and have made a deposit, there is a minimum withdrawal amount of £10 where payment is made by bank transfer or £20 where payment is made to a credit card, PayPal or any other withdrawal method.
- If you have not made a deposit, there is a minimum withdrawal amount of £30, subject to Clause 69 below.
- For Non-UK residents the minimum withdrawal is £50/ 50 euros / $50 / other currency equivalent.
- If you sign up to a promotion offering a free bonus or free spins without the need to make a deposit (e.g. New Player £5 Bonus or “50 free spins” or Refer a Friend), the maximum withdrawal that you can make is £200 if you are a UK Player and £50/ 50 euros/ $50 or other currency equivalent if you are a non-UK Player.
- We reserve the right to void bets and/or refuse or withhold a withdrawal where we have any reasonable grounds for closing your Account (see Section 9 below), including where there is evidence of "suspicious activity" (see Section 12 below). In particular, if we suspect fraud or fraudulent activity on your part, or any of your deposits are changed back to us as a result of (alleged) fraudulent use, or loss, of your credit or debit card, we reserve the right to refuse or withhold a withdrawal from your Account and, if necessary, to lawfully collect any payments owed by you.
- It is your responsibility to provide correct bank details for winning payments. Any payments returned to us due to incorrect bank details will be held for 180 days. We will make reasonable efforts to contact you to obtain correct bank details for you during this period. After 180 days, you will not be entitled to request payment.
- We reserve the right to reasonably withhold a withdrawal until the identity of the winning Player is verified to our satisfaction, in order to ensure that payment is being made to the correct person.
- We may ask you to provide additional identification or other information, such as proof of payment of a phone bill, before we make a withdrawal payment. If the information requested is not received within 90 days of our request, we reserve the right to close your Account. If there is a legitimate reason why the information could not be provided within this time period, please contact our Customer Support Team on 01384 880842.
- If we are informed by your mobile network operator that you have not settled your mobile phone bill in relation to deposits made, your Account will be closed.
- We aim to process withdrawals for depositing customers within 3-4 working days (being Monday to Friday, excluding Bank Holidays) of a request. Withdrawals for non-depositing customers will take 10-12 working days. Where we require ID, source of funds, proof of payment of phone bill or any other documentation, withdrawals will be delayed pending receipt of such documents.
Section 9: Closing Accounts
We reserve the right, at our sole discretion, to close a Player Account in any of the following
- If the Player has more than one active Player Account;
- If the mobile phone account registered on a Player Account is not active, is suspended or is disabled by the relevant mobile network;
- If the name registered to a Player Account does not match the name on the debit or credit card(s) used to make deposits into the Player Account;
- If the name on the Player Account does not match the name on the phone bill or any other depositing method used to make deposits into the Player Account;
- If the Player deliberately provides incorrect or misleading registration information;
- If the Player is not of legal age in their jurisdiction or in any event is under 18;
- If the Player resides in a jurisdiction where placing bets on our betting and gaming products is prohibited by law;
- If the Player has allowed or permitted (intentionally or unintentionally) someone else to play on his/her Player Account;
- If the Player is found to have cheated or if it is determined by us that he/she has employed or made use of a system (including machines, computers, software or other automated systems) designed specifically to manipulated the Software or game to their benefit;
- Where we have evidence of suspected abuse of a bonus promotion (in accordance with paragraph 41) above;
- Where we have requested additional information relating to identification or proof of payment of a phone bill and the Player has failed to provide such information within 90 days of the request;
- If the Player is a Politically Exposed Person;
- Where we are legally obliged to do so;
- Where we reasonably suspect "suspicious activity" (see Section 12 below); and/or
- Where the Account is unused by the Player for a period of 12 consecutive months. In these circumstances; we will notify the Player (by text and email) that credit is available for play in its Account at least 1 month prior to our closure of the Account.
- In most cases, account closure will result in the balance being removed from your Account (from the Bonus Credit Account and the Cashable Account). However, in the case of paragraph (o) above, any such balance will be removed only after a period of 6 months has passed from the date of the Account closure. This allows sufficient time for you to contact our Customer Support Team on 01384 880842 and/or to make a formal Complaint (see Section 17 below) to explain any extenuating circumstances.
- You have the right to close your Account at any time. You should indicate your desire to close your Account by following the instructions in the Support section of the website. Please see Section 11 for closures for self-exclusion reasons.
Section 10: Security
- All Player Accounts are linked to a mobile phone number. We adopt the same stance as all network providers in relation to the security of mobile devices. It is your responsibility to ensure that the device is password protected to prevent its unauthorised use. We will not be liable for any loss you suffer as a result of your mobile device not being properly protected.
- We allow access to our betting and gaming products only through secured networks using encryption of the Player's username and password. You cannot play our betting and gaming products without passing our Player security login.
- You must keep your username and password confidential and should not disclose them to anybody. You may not use anyone else's username and 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 your 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. To the extent permitted by law, we will not be liable for any loss you suffer as a result of unauthorised use or misuse of your login details.
- We reserve the right to ask you to provide us with additional proof of identification relating to the details you have used to register your Player Account. Any such additional identification will be kept confidential. We further reserve the right to disclose your details, under certain circumstances such as those required by law. Further details on our identity verification procedure can be found in Section 4.
- We are required by our Gambling Commission licence to inform you about what happens to funds we hold on account for you, and the extent to which these funds are protected in the event of our insolvency (for further information please see the Gambling Commission website). We have taken steps to protect you by maintaining all Player funds in a separate ring-fenced Barclays Bank Plc account. The balance of this account always exceeds the total of our current customer balances. Whilst these funds are completely separate from our funds, and Barclays Bank Plc is not entitled to combine this account with any other account held in our name or to exercise any right of set-off, they are not necessarily protected in the event of insolvency. This meets the Gambling Commission's requirements for the segregation of Player funds at the basic segregation level.
- You shall not be involved in any fraudulent, collusive, fixing or other unlawful activity in relation to your or third parties' participation in any of our betting and gaming products and shall not use any software-assisted methods or techniques or hardware devices for your participation in the same. We hereby reserve the right to invalidate any betting in the event of such behavior and close your account.
Section 11: Responsible Gambling
- In the interests of promoting responsible gambling, we provide a voluntary self-exclusion option. At your request to self-exclude, we will lock your Account, which will prevent you from having access for at least 6 months. You may opt to extend the self-exclusion for a period of 5 years or more.
- Once the self-exclusion is in place, you will not be able to access your Account, place bets or make deposits and all marketing material will cease. We will return the balance of any deposits and any credit in your Cashable Account to you. Furthermore, when you self-exclude with us you agree to be automatically self-excluded from all In Touch Games Limited brands (mFortune, PocketWin, Mr Spin and Dr Slot). Any accounts which are locked due to the self-exclusion cannot be unlocked during the agreed self-exclusion period. When the self-exclusion period has elapsed, the self-exclusion will remain in place for a minimum of 7 years, unless you take positive action to gamble again.
- In requesting to be self-excluded, you agree to provide full and accurate personal details, now and in the future, so your access/use of our betting and gaming products can be restricted. If you do choose to self-exclude, we will use all reasonable endeavours to ensure that we comply with your self-exclusion. However in agreeing to self-exclude, you accept that you have a parallel responsibility or liability for any subsequent losses, howsoever caused, that you may suffer or incur by seeking to circumvent the self-exclusion agreed.
- You may reactivate your Account at the end of the self-exclusion period by contacting the Customer Support Team on 01384 880842. Re-registering an Account is not sufficient. Upon any request to unlock an Account after the self-exclusion period has passed, a 24 (Twenty Four) hour cooling off period will be applied before you will be able to log into your account. See our Responsible Gambling section for more details.
- As part of this process, we also recommend that you self-exclude from all other operators at your earliest opportunity and remove any gambling applications from your mobile device / tablet. See our Responsible Gambling section for contact details of help and advice.
- When setting up your Account, or at any time thereafter, you may also choose to set a limit on the amount you may deposit or stake within a specified period of time or on the amount of time you wish to play in one session. For more information please refer to the our Responsible Gambling section for contact details or contact our Customer Support Team by texting the word HELP to 85777 or call 01384 880842.
Section 12: Suspicious Activity
- We are required by law to address suspected money laundering and fraudulent transactions or activity that may take place through our business. In order for us to prevent this illegal activity, we have a number of policies and procedures in place that bring 'suspicious activity' to our attention so that we may deal with this in a legally compliant manner.
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
- involve funds derived from illegal activities;
- are intended to conceal funds from illegal activities; or
- involve the use of our betting and gaming products to facilitate criminal activity.
For the purpose of this Section 12, "suspicious activity" shall refer to where we have reasonable
grounds to believe that you have placed a bet or a number of bets in suspicious circumstances or in
contravention of these Terms and Conditions. Suspicious circumstances include but are not limited to:
- where there is a disproportionate frequency and/or highly unusual pattern of play (by comparison with normal betting patterns) placed over a short period of time;
- where we have reason to believe that you are acting with others to abuse the Software, games or promotions, or otherwise acting in contravention of these Terms and Conditions;
- where we have reason to believe that you are misusing the mobile billing facility, including without limitation where you deposit funds via phone bill and subsequently do not pay your phone bill;
- where the credit or debit card or other payment method or bank account linked to your Player Account is in a name other than your own; or
- where there is a disproportionate frequency and/or unusual pattern of deposits in your Player Account
In the case of any suspicious activity, we may, at our sole discretion, depending on the situation:
- request reasonable further information from you to investigate whether the bet(s) constitute(s) suspicious betting;
- close your Account and withhold payment of any withdrawals until we have receipt of satisfactory evidence (in our reasonable opinion) from you for us to determine that the deposits are in your name, that play is not fraudulent or for any other purpose linked to our concerns of “suspicious gambling”. For example, but without limitation, where we suspect that you have deposited funds via a mobile phone account which is not in your name or you are in default of settlement of your mobile phone bill, we may ask you to provide reasonable evidence that the mobile phone account is yours and that you have settled the mobile phone bill that you used to deposit funds before you can withdraw any winnings;
- collect and process any information in connection with your patterns of play, personal data, depositing of funds and any other related information and conduct inquiries that will help us to investigate any suspected breach of these Terms and Conditions and (where appropriate) share that information with relevant external agencies e.g. the National Crime Agency; and/or
- void or refuse all or any part of any bet, suspend your Account or withhold payment of any amounts (or any parts thereof), for a period of time that may reasonably be required (for example, pending any investigations by our Internal Security Team, a gambling regulator, a law enforcement authority or any other third party with jurisdiction).
- Where we reasonably suspect "suspicious activity" (as described above) we reserve, at our sole discretion, the right to close the Account.
- We reserve the right to seek to recover from you any losses we suffer that are directly or indirectly connected to any of the activities contemplated in this Section 12. This right is without prejudice to any other rights (including common law rights) that we may have against you, whether under these Terms and Conditions or otherwise.
- We will not be liable under any circumstances whatsoever for any loss you or any other person may incur as a result of collusive or other behaviour in breach of this Section 12.
Section 13: Network Operator and Other Charges
- When you play our games, download the Software, place bets, communicate with us or otherwise use our Website or applications, you are using data. Please check that your data usage plan carefully, as using too much data might mean that you exceed your data limit and you could face paying more than you were expecting, particularly if you are using your mobile phone abroad.
- You are solely responsible for any connection, or other charges levied by your network operator when you play our games, download the Software, place bets, communicate with us or otherwise use our betting and gaming products.
Section 14: Random Number Generator (RNG)
- The Random Number Generator (RNG) used by us has been audited and verified by an independent laboratory approved by the Gambling Commission.
- You acknowledge that our RNG will determine the outcome of our betting and gaming products 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 gaming activity
- We reserve the right to void any withdrawals and clear any credit (in your Credit Account or Cashable Account) resulting from any obvious error or mistake or any technical fault (including, but not limited to, incorrect game pay-outs) with any of our betting and gaming products.
Section 15: Non-Cash Prizes and Gifts
- From time to time, we offer the opportunity for our Players to win non-cash prizes and gifts.
- All prizes must be claimed within 28 days of winning and it is the responsibility of the winner to claim their prize.
- We reserve the right to dispose of an unclaimed prize at the end of the 28 day period.
- If the specified prize is unavailable due to unforeseen circumstances, we may substitute another prize of similar or equal value.
- We hold no responsibility for the management or set up of any insurance cover or warranty of any non-cash prizes or gifts awarded.
- Delivery of a prize or gift is your responsibility. This includes being present at the agreed delivery address when the parcel is delivered, providing a signature if required, and if necessary, collecting from a courier's office or sorting office if delivery to the specified delivery address is unsuccessful.
- We hold no responsibility for any injury caused by or using our non-cash prizes of gifts.
Section 16: Licence to Use Software
- We hereby grant to you a personal, non-exclusive, non-transferable right to use the Software, to allow you to use our betting and gaming products, 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 these Terms and Conditions), your licence 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, with robots and similar devices) with our betting and gaming products or attempt to make any changes to the Software and/or any features or components thereof.
- You do not own the Software. We own the Software and it is our exclusive property. Your use of the Software does not give you ownership of any intellectual property rights in the Software.
When we supply the Software to you:
- we will use reasonable efforts to ensure that it is free from defects, viruses and other malicious content;
- we do not promise that it is compatible with any third party software or equipment except where we have explicitly said so on our Website; and
- you acknowledge that there may be minor errors or bugs in it.
Section 17: Complaints
- A complaint may relate to any issue or concern you have about our products or services.
- If you have a query or wish to raise a dispute or complaint regarding our products or services, you should contact our Customer Support Team on 01384 880842 or via the "Support" section of our Website.
- If, having spoken to a member of the Customer Support Team, your query or complaint is not resolved, you may request that this is escalated to a manager or supervisor. They will look into your issue and will aim to call you back within 24 hours with a resolution. If you are still not satisfied, you may enter our formal Complaints Procedure (see below) and your complaint will be dealt with as quickly as possible.
Our Complaints Procedure
- Please address all correspondence in writing by email to firstname.lastname@example.org, by fax to +44 (0)1384 444573, or by post to Complaints Team, In Touch Games Ltd, Fountain House, Great Cornbow, Halesowen, West Midlands, B63 3BL, England.
- All correspondence must include your full name and mobile phone number.
- We request you make any complaint as soon as possible (within 28 days of the event occurring to which the complaint relates). This will allow us the best opportunity to resolve your complaint.
- In relation to all complaints or disputes, we record all telephone and email communications. 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.
- We request that you keep the details of any complaint or dispute you have with us confidential while we seek a resolution.
- We will deal with your issue as quickly as we reasonably can. Where necessary, we may request appropriate evidence from you for the purposes of settling your issue.
- If your issue is not resolved to your satisfaction by the use of our Complaints Procedure, you may refer the matter to an independent adjudicator. In Touch Games Ltd is registered with the Independent Betting Adjudication Service (IBAS) whose contact details are 01487 843444 or www.ibas.uk.com. Note that IBAS will not consider complaints until our internal procedure has been completed
- In addition, there is a secondary process that you may wish to follow if you are not satisfied with a resolution achieved by following our complaints procedure. This is called the Online Dispute Resolution (ODR) Platform. The ODR Platform is a European initiative which aims to aid the resolution of disputes between consumers and businesses. The Platform will allow consumers to file complaints and will then work with both parties to facilitate a resolution via an alternative dispute resolution service. Click here to visit their website.
Section 18: General Provisions
- In relation to any prize and/or winnings, we may contact you to request your consent to use your name and image for advertising and promotional purposes. If you decide not to grant your consent, this shall not in any way affect your right to claim your prize and/or winnings.
- These Terms and Conditions set out your legal rights and responsibilities, our legal rights and responsibilities and certain key information required by law. Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as 'statutory rights'). You may also have other rights in law.
- We reserve the right to assign, or pledge these Terms and Conditions, in whole or in part, to any person, company or legal entity, provided we give you reasonable notice. Any such assignment or pledge will not in any way prejudice your rights under these Terms and Conditions or reduce or alter the obligations we have under these Terms and Conditions.
Except for any legal responsibility that we cannot exclude in law (such as for death or personal
injury), we are not legally responsible for:
- were not foreseeable to you and us; or
- that were not caused by any breach on our part
- business losses; and
- losses to non-consumers
- losses that:
- If you want to take court proceedings, the relevant courts of England & Wales will have exclusive jurisdiction in relation to these Terms and Conditions.
- These Terms and Conditions are subject to the law of the United Kingdom.
- The English language version of these Terms and Conditions will prevail over any other language version issued by us.
- The illegality, invalidity or enforceability of any part of these Terms and Conditions will not affect the legality, validity or enforceability of the remainder.
- No one other than a party to these Terms and Conditions has any right to enforce any term of these Terms and Conditions.