TERMS AND CONDITIONS OF USE OF SERVICES ON WEBSITE WWW.GUTS.COM
Version 2.10 last updated 25th May 2017
1.1 By using and/or visiting any section of the Website www.guts.com (the "Website"); or by opening an account on the Website you agree to be bound by:
1.1.1 The General Terms and Conditions, on this page;
1.1.3 Any game rules,
1.1.4 Any terms and conditions of promotions, bonuses and special offers which may be found on the Website from time to time.
1.2 All of the terms and conditions listed above shall together be referred to as "the Terms", “Terms” or “these Terms”.
1.3 Please read the Terms carefully before accepting them. If you do not agree to accept and be bound by the Terms please do not open an account or continue to use the Website. Your continued use of the Website constitutes acceptance of the Terms.
2.1 This website is operated by MT SecureTrade Limited (“us”, “our”, “we” or the “Company”), a company incorporated under the laws of Malta with registration number C56545 and registered address at GB Buildings, Penthouse, Watar Street, Ta’ Xbiex XBX 1301, Malta. For customers accessing the services from Great Britain (“GB”) MT SecureTrade Limited is licensed and regulated by the Gambling Commission and holds a Remote Casino Operating License number 39575. For non-GB players MT SecureTrade Limited is licensed and regulated by the Malta Gaming Authority (www.mga.org.mt) by virtue of the following licenses: MGA/CL1/954/2014 (issued on 19 May 2014), MGA/CL1/955/2014 (issued on 19 May 2014), MGA/CL2/1122/2015 (issued on 30 March 2016) and MGA/CL3/1134/2015 (issued on 30 March 2016).
2.2 We may at times provide additional games not licensed and regulated by the Malta Gaming Authority. Such games will be clearly indicated during the gameplay. Regardless of games played, all deposits and withdrawals are the sole responsibility of Company and Company has full responsibility towards the player for the management of funds on Your Account. All games provided to GB players are licensed and regulated by the UK Gambling Commission.
2.3 In these Terms reference to a “GB player” is to a player participating in the services from Great Britain. A “non-GB player” is a player participating from any other place.
3.1 We may need to change the Terms for a number of reasons, including but not limited to, for commercial reasons, or in order to comply with new laws and regulations. The most up-to-date Terms can be accessed here, and the date on which they came into force is noted.
3.2 We will notify you of material changes to these Terms prior to them taking effect. Where we make changes to the Terms which we wish to notify you of, we will do so by email or by placing a notice on the Website. You must re-confirm acceptance before the changes come into effect and you are able to place bets on our Website.
4 YOUR ACCOUNT
4.1 In order to place a bet via the Website, you will need to open an account on the Website ("Your Account").
4.2 For various legal or commercial reasons, we do not permit accounts to be opened or used by customers resident in certain jurisdictions, including the United States of America (and its dependencies, military bases and territories including but not limited to American Samoa, Cyprus, Guam, Marshall Islands, Northern Mariana Islands, Puerto Rico, and Virgin Islands), Afghanistan, Algeria, Belgium, Bouvet Island, British Indian Ocean Territory, Bulgaria, Comoros, Czech Republic, Denmark, Ecuador, Estonia, Ethiopia, France, Greenland, Guam, Greece, Holy See (Vatican City State), Hong Kong, Hungary, India, Indonesia, Iran, Iraq, Ireland (sports betting prohibited), Israel, Italy, Jordan, Democratic People's Republic of Korea, Kuwait, Libya, Malaysia, Montenegro, Myanmar, New Caledonia, Nigeria, Pakistan, State of Palestine, Philippines, Poland, Portugal, Romania, Singapore, Slovenia, Somalia, South Africa, South Georgia and the South Sandwich Islands, South Sudan, Spain, Sudan, Syria, The Faroe Islands, Turkey, Western Sahara, Yemen or other restricted jurisdictions (“Restricted Jurisdiction”) as communicated by us from time to time. By using the Website you confirm you are not a resident in a Restricted Jurisdiction. If you open or use the Website while residing in a Restricted Jurisdiction: your account may be closed by us immediately; any winnings and bonuses will be confiscated and remaining balance returned (subject to reasonable charges), and any returns, winnings or bonuses which you have gained or accrued will be forfeited by you and may be reclaimed by us; and you will return to us on demand any such funds which have been withdrawn.
4.3 When attempting to open an account or using the Website, it is the responsibility of the player to verify whether gambling is legal in that particular jurisdiction.
4.4 A player must register personally by following the on-screen instructions.
4.5 When you open Your Account you will be asked to provide us with personal information, including your name, date of birth, and appropriate contact details, including an address, telephone number and e-mail address ("Your Contact Details").
4.6 You hereby acknowledge and accept that, by using the services at the Website, you may both win and lose money.
4.7 Only players registered from the United Kingdom are permitted to open an account in Pounds Sterling (GBP). All other players are requested to open an account in their local currency or USD.
4.8 Your Account must be registered in your own, correct, name. You may only open one account on this Website. Any other accounts which you open on this the Website shall be considered "Duplicate Accounts". Any Duplicate Accounts may be closed by us immediately and:
4.8.1 Any winnings and bonuses will be confiscated and remaining balance returned (subject to reasonable charges);
4.8.2 Any returns, winnings or bonuses which you have gained or accrued during such time as the Duplicate Account was active will be forfeited by you and may be reclaimed by us, and you will return to us on demand any such funds which have been withdrawn from the Duplicate Account.
4.9 If you wish to open another account, you may do so by contacting the support team at firstname.lastname@example.org. If a new account is opened, the old account will be closed.
4.10 You must maintain Your Account and keep your details up-to-date. If you wish to close Your Account you must send a request to do so to email@example.com.
4.11 We are required by the terms of our British Operating Licence to inform customers about how we hold funds on account for you, and the extent to which funds are protected in the event of insolvency - see http://www.gamblingcommission.gov.uk/Consumers/Protection-of-customer-funds.aspx
We hold customer funds in a separate account from company funds accounts. This means that steps have been taken to protect customer funds but that there is no absolute guarantee that all funds will be repaid in the event of insolvency. This meets the Gambling Commission’s requirements for the segregation of customer funds at the level: Basic protection.
4.12 By accepting the Terms the user allows and authorizes us to keep him/her informed about changes on the Website new services and promotions by email phone and SMS. The user can opt out from this communication by sending an email to firstname.lastname@example.org or choosing “My Account” – “My Details”
5 VERIFICATION OF YOUR AGE AND IDENTITY
5.1 You warrant that:
5.1.1 You are at least 18 years of age, or any higher age required by laws that apply to you the (“Legal Age”). When opening an account you will be required to confirm that you are at least 18 years of age. It is an offence for any GB person under the age of 18 to participate in gambling;
5.1.2 The details supplied when opening Your Account are correct;
5.1.3 You are the rightful owner of the money in Your Account;
5.1.4 You are a resident in a jurisdiction which allows gambling;
5.1.5 You are not a resident in Restricted Jurisdiction; and
5.1.6 The money deposited is not derived from any activity which is illegal.
5.2 The company complies with UK, Maltese and European laws, regulations and guidelines for the prevention of money laundering and the funding of terrorism. Suspicious transactions shall be investigated by the company and, if necessary, a suspicious transaction report will be made by the company to the competent Maltese Authorities. In any such event, the company is prohibited from informing any players or third parties involved, save in limited circumstances, that an investigation is being or may be carried out, or that information has been or may be transmitted to the competent Authorities. Furthermore, in the event of any suspicious transactions, the company may suspend, block or close the account(s) of the relevant player(s) and withhold funds as may be required by law and/or by the competent Authorities.
5.3 All transactions made by players on our site are checked to prevent money laundering and all other illegal activity.
5.4 By agreeing to the Terms you authorise us to undertake such Checks as we may require ourselves or may be required by third parties (including regulatory bodies and authorities) to confirm your age, identity and contact details and to prevent money laundering (the "Checks").
5.5 We reserve the right to withhold any payment to/from a player’s account, to such player, until we are satisfied that the identity, age and place of residence of the player has been suitably verified.
5.6 We are required to undertake verification of your age. In the case of British players, if such verification is not completed to our satisfaction within 72 hours of you first depositing money into Your Account we are required to freeze Your Account until such time as we can successfully verify that you are over 18 years old. We are also required to verify your identity upon your gambling spend reaching a certain threshold. We are required to lock Your Account to prevent any withdrawals until such time as your identity has been verified. We may use a recognised third party provider to undertake these Checks on our behalf. By agreeing to these Terms you authorise us to provide your personal details to such third party, who will keep a record of the information we provide to them.
5.7 In certain circumstances we may have to contact you and ask you to provide further information to us in order to complete the Checks. If you do not or cannot provide us with such information then we may suspend Your Account until you have provided us with such information, or we may permanently close Your Account. Additionally, (in the case of non-GB players) you will have to provide identification whenever you make a withdrawal of funds amounting to Two Thousand Three Hundred Euros (EUR 2,300) or more. Acceptable documentation to complete the Checks include:
5.7.1 Passport, national identity card or driving license together with a recent utility bill (e.g. gas, telephone, insurance) less than three months old.
5.7.2 Proof of payment – subject to the deposit method used (copy of the credit card used, screen shot of e-wallet or recent bank statement).
5.7.3 Additional verification may be required such as proof of funding of Ewallet accounts.
5.8 In the case of non-GB players if we are unable to confirm that you are of Legal Age then we may suspend Your Account.
5.9 In the case of GB-players if you are proven to have been under that age at the time you accessed any gambling facilities, including any free spins, then:
5.9.1 Your Account will be closed;
5.9.2 In line with UK regulation, any person found to have created and/or operated an account whilst underage shall have any and all stakes refunded (less withdrawals, should there be any).
5.10 In the case of non-GB players if you are proven to have been under that age at the time you made any gambling or gaming transactions, then:
5.10.1 Your Account will be closed;
5.10.2 Any winnings and bonuses will be confiscated and remaining balance returned (subject to reasonable charges);
5.10.3 Any winnings which you have accrued during such time will be forfeited by you and you will return to us any such funds which have been withdrawn from Your Account.
6 INACTIVITY AND DELETION OF PLAYER ACCOUNTS
6.1 If a player account remains inactive (i.e. when no login is performed at the operator’s Website) for a period of more than 12 months, we are entitled to charge a monthly account maintenance fee of €5, starting on the 13th month of inactivity. Following 12 months of uninterrupted inactivity, we will send a reminder mail to you via the e-mail address saved in Your Account details. Upon receipt of this reminder mail, you will have 30 days to log into your player account. If no login is registered within this 30-day period, €5 of real money credit or bonus money credit will be deducted from the balance. If the balance is less than €5 then the whole amount will be deducted. If the account remains inactive after 13 consecutive months, you will be sent a reminder mail every month and a monthly charge of €5 will be incurred and deducted from the real money credit or bonus money credit of the player account accordingly.
6.2 If the player account remains inactive for more than 12 months and the account balance is €0, no further charge will be incurred. The inactivity fee will be incurred on a monthly basis until the next login is performed at the Website, in this case, the operator is entitled to block the player account.
7 USERNAME, PASSWORD, AND CUSTOMER INFORMATION
7.1 After opening Your Account, you must not disclose (whether deliberately or accidentally) your username and password to anyone else. If you have lost or forgotten Your Account details you may retrieve your password by clicking on the “Forgot Password?” link below the login portal.
8 DEPOSITS TO YOUR ACCOUNT
8.1 If you wish to participate in betting or gaming using the Website, you must deposit money into Your Account which you can then use to place bets or play games.
8.2 Deposits to the cash player account are made by transfer of money to the company’s account by way of the payment methods stated on the Website. The payment methods currently available include debit cards, credit cards, E-Wallet payments, Prepaid Cards, Instant Banking, Fast Bank Transfers and Bank Transfers. The company reserves the right, to change the accepted methods of payment at its sole discretion. The company further reserves the right to accept certain methods of payment only subject to the fulfilment of certain conditions. The company does not warrant that all methods of payment are available at all times. To verify which payment and withdrawal methods that are currently available and the time lapse these take to process kindly visit our Deposit tab in the main page of our Website.
8.3 We do not accept cash funds sent to us.
8.4 By depositing money you agree not to make any charge-backs, reversals or otherwise cancel any deposits into Your Account, and agree to refund and compensate us for unpaid deposits.
8.5 The company can, under certain circumstances, credit a player’s account with so called bonus money. The conditions for the crediting of the bonus (e.g. First Deposit Bonus) and the amount of the bonus is determined by the company and set out on the Website from time to time. For promotions that are currently running please follow this link: https://www.guts.com/en/page/promotions
8.6 The bonus is stated separately on the account. It can only be paid out once it has been transformed into real cash winnings. If an account contains both the player’s own money and bonus money, the bonus money will only be available for wagering once the existing money has been used. Specific bonus conditions may be published on the Website with the launch of specific bonus schemes. Before fulfilling the bonus turnover conditions if you transfer or withdraw the main deposit amount, bonus amount and all winnings from this bonus will be forfeited.
8.7 Your Account is not a bank account and is therefore not insured, guaranteed, sponsored or otherwise protected by any banking insurance system. Additionally any money deposited with us in your Account will not earn any interest.
8.8 We may at any time set off any positive balance on Your Account against any amount you owe to us when we re-settle any bets or wagers pursuant to Duplicate Accounts, Collusion, Cheating, Fraud and Criminal Activity or Errors.
8.9 In relation to deposits of funds into Your Account, you shall only use such debit and credit cards and other payment methods that are valid and lawfully belong to you.
8.10 Deposits to Your Account can be made in a number of permitted currencies chosen by the user upon registration. Deposits made to Your Account will be made in the currency chosen at registration. We retain the right to have Deposits on our site calculated to our base currency, the Euro. We use the ECB day rate at the time of Deposit. You hereby acknowledge that We cannot bear any responsibility or liability for any currency fluctuations in making any such conversions. We reserve the right to add or remove currency options at our discretion.
9 WITHDRAWALS FROM YOUR ACCOUNT
9.1 You may request withdrawal of funds from Your Account at any time provided that:
9.1.1 All payments made into Your Account have been confirmed as cleared and none have been charged-back, reversed or otherwise cancelled;
9.1.2 Any Checks referred to in paragraph 5 above have been completed.
9.1.3 You have made a minimum of one deposit to Your Account and you have wagered at least once, in full, the deposited amount. At the company’s sole and absolute discretion, you may be permitted to withdraw without turning over the amount at least once in full, subject to a processing fee of not less than 10% of the amount being withdrawn.
9.2 We will attempt to accommodate your request regarding the payment method and currency of your withdrawal. This, however, cannot be guaranteed. All withdrawals will be remitted only to the same account from where the funds paid into the player’s account originated. We reserve the right to charge a fee amounting to our own costs (including the cost of the deposits) for withdrawals of funds that have not been put into play.
9.3 Player funds which are restricted from playing will be displayed in a separate balance on the player’s main page, a player may not withdraw these restricted funds (bonus money).
9.4 You are responsible for reporting your winnings and losses to your local tax or other authorities.
9.5 Withdrawal time frames are dependent on the verification status of the customer. As part of our licensing requirements we must collect documentary evidence of customer’s identity, proof of address, and/or proof of payment under certain circumstances and this can affect the approval times of withdrawal processing. Once a withdrawal has been approved customers can expect funds to reach them in the following time frames;
Visa and MasterCard withdrawals: 1-3 banking days.
Bank Transfer Withdrawals: 1-3 banking days.
eWallet Withdrawals: Same day.
9.6 If an account has been dormant, closed, blocked or excluded for any reason and for any period of time the player may contact our support team to recover any pending funds that he might still have in the account. Our support team will immediately launch an investigation into the claim and the player will be contacted back with information of how the funds will be transferred back to you. If there is a dispute over the account or the funds held within it we will contact the Malta Gaming Authority for an opinion on the best way forward.
9.7 Under certain circumstances we reserve the right to process withdrawals back only to the customers verified bank account
9.8 In relation to withdrawals of funds from Your Account, you shall only use such debit and credit cards and other payment methods that are valid and lawfully belong to you.
9.9 Withdrawals to Your Account can be made in a number of permitted currencies chosen by the user upon registration. Withdrawals from Your Account will be made in the currency chosen at registration. We retain the right to have Withdrawals on our site calculated to our base currency, the Euro. We use the ECB day rate at the time of Withdrawal. You hereby acknowledge that We cannot bear any responsibility or liability for any currency fluctuations in making any such conversions. We reserve the right to add or remove currency options at our discretion.
10 PLACING A BET OR GAMING
10.1 It is your responsibility to ensure that the details of any transaction are correct.
10.2 You can access your transaction history on the Website.
10.3 We reserve the right to refuse the whole or part of any transaction requested by you at any time in our sole discretion. No transaction is accepted by us until we have confirmed to you that it has been accepted. If you do not receive a confirmation that your transaction has been accepted, you should contact Customer Services.
10.4 Once your bet is confirmed, you cannot cancel the transaction without our written consent.
11 COLLUSION, CHEATING, FRAUD AND CRIMINAL ACTIVITY
11.1 The following activities are not allowed and constitute a material breach of the Terms:
Colluding with third parties;
Using unfair advantage or influence (commonly known as cheating), including the exploitation of a fault, loophole or error in our software, the use of automated players (sometimes known as 'bots'); or the exploitation of an 'error';
Undertaking fraudulent activities to your advantage, including but not limited to the use of a stolen, cloned or otherwise unauthorised credit or debit card, as a source of funds;
Taking part in any criminal activities including but not limited to money laundering.
Transferring of funds from one player account to another.
11.2 We will take all reasonable steps to prevent such activities; detect them and the relevant players; and deal with the relevant players appropriately. We will not be liable for any loss or damage which you or any other player may incur as a result of collusive, fraudulent or otherwise illegal activity, or cheating, and any action we take in respect of the same will be at our sole discretion.
11.3 If you suspect a person is colluding, cheating or undertaking a fraudulent activity, please report it to us by e-mailing email@example.com.
11.4 We reserve the right to inform relevant authorities, other online gaming or gambling operators, other online service providers and banks, credit card companies, electronic payment providers or other financial institutions of your identity and of any suspected unlawful, fraudulent or improper activity, and you agree to cooperate fully with us to investigate any such activity.
12 OTHER PROHIBITED ACTIVITES
12.1 You should not use the Website for any purpose which is considered to be defamatory, abusive, obscene, racist, sexist, discriminatory, or offensive. You must not use any abusive or aggressive language or images; swear, threaten, harass or abuse any other person, including other users, or behave in such a manner towards any Company staff used to provide the Website or Customer Services.
12.2 You shall not corrupt the Website, flood the Website with information so as to cause the Website to not function, nor use any features which may affect the function of the Website in any way for example (but not limited to) releasing or propagating viruses, worms, logic bombs or similar. Any multiple submissions or spam are strictly prohibited. You must not interfere or tamper with, remove or otherwise alter in any way, any information in any form which is included on the Website.
12.3 You shall use the Website for personal entertainment only and shall not be allowed to reproduce the Website or any part of it in any form whatsoever without our express consent.
12.4 You must not attempt to gain unauthorised access to the Website, the servers on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or similar. When breaching this provision we will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
12.5 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect Your computer equipment, computer programs, data or other proprietary material due to Your use of the Website or to Your downloading of any material posted on such Website, or on any Website linked to the Website.
12.6 It is prohibited to sell, transfer and/or acquire accounts from other players.
13 CLOSURE AND TERMINATION BY US
13.1 In the case of non-GB players it is company policy in the interests of security and in accordance with Maltese legislation, that if no transaction has been recorded on Your Account for thirty months (an “Inactive Account”), subject to clause 6.1, we shall remit the balance in that account to you. If you cannot be satisfactorily located any funds in that account will be handed over to the Malta Gaming Authority. Thus the funds are available to the player wishing to withdraw them. Note that this provision is not applicable to GB players.
13.3 The company may refuse to open an account or may opt to close a players’ account which has already been opened at its own discretion. Notwithstanding this all contractual obligations already undertaken or entered into will be honoured.
13.4 In the event of any suspicious transaction/s, the company reserves the right to suspend or block a players’ account and withhold funds as may be required by law or the competent authority.
14 ALTERATION OF THE WEBSITE
14.1 We may, in our absolute discretion, alter or amend any product offered via the Website at any time.
15 IT FAILURE
15.1 Where unexpected system flaws, faults or errors occur in the software or hardware which we use to provide the Website we will take immediate steps to remedy the problem.
15.2 We do not accept any liability for IT failures which are caused by your equipment used to access the Website or faults which relate to your internet service provider.
16 ERRORS OR OMISSIONS
16.1 A number of circumstances may arise where a bet is accepted, or a payment is made, by us in Error.
16.2 Neither we (including our directors, employees, partners or agents) nor our partners or suppliers shall be liable for any loss including loss of winnings that results from any Error by us or an error by you. You will forfeit any winnings/losses that result from any such Error.
17 EXCLUSION OF OUR LIABILITY
17.1 Your access to and use of the products offered via the Website, is at your sole option, discretion and risk.
17.2 We will provide the Website with reasonable skill and care and substantially as described in the Terms. We do not make any other promises or warranties the Website, or the products offered via the Website, and hereby exclude (to the extent permitted by law) all implied warranties in respect of the same.
17.3 We shall not be liable to You in contract, tort (including negligence) or otherwise for any business losses, including but not limited to loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses in relation to your use of the Website.
18.1 You shall compensate us in full for any claims, liabilities, costs, expenses (including legal fees) and any other charges that may arise as a result of your breach of the Terms.
18.2 Where you are in material breach of the Terms, we reserve the right, but shall not be required, to:
18.2.1 Provide you with notice (using Your Contact Details) that you are in breach requiring you to stop the relevant act or failure to act,
18.2.2 Suspend Your Account so that you are unable to place bets or play games on the Website,
18.2.3 Close Your Account with or without prior notice from us.
18.2.4 Recover from Your Account the amount of any pay-outs, bonuses or winnings which have been affected by any material breach.
18.3 We have the right to disable any user identification code or password if in our reasonable opinion you have failed to comply with any of the provisions of the Terms.
19 INTELLECTUAL PROPERTY RIGHTS
19.1 All Website design, text, graphics, music, sound, photographs, video, the selection and arrangement thereof, software compilations, underlying source code, software and all other material contained within the Website are subject to copyright and other proprietary rights which are either owned by us or used under licence from third party rights owners. To the extent that any material contained on the Website may be downloaded or printed then such material may be downloaded to a single personal computer only and hard copy portions may be printed solely for your own personal and non-commercial use.
19.2 Under no circumstances shall the use of the Website grant to any user any interest in any intellectual property rights (for example copyright, know-how or trademarks) owned by us or by any third party whatsoever.
20 YOUR PERSONAL INFORMATION
20.1 We are required according to the Data Protection Act of 2001 (Chapter 440 of the Laws of Malta) and the Data Protection Act 1998 to comply with data protection requirements in the way in which we use any personal information collected from you in your use of the Website. We therefore take very seriously our obligations in relation to the way in which we use your personal information.
20.2 By providing us with the information, you consent to our processing your personal Information for the purposes set out in the Term, for operating the Website or to comply with a legal or regulatory obligation.
20.3 As a policy the Company will not disclose any personal information to anyone other than those employees that need access to your data to provide you with a service and to our third party providers who undertake Checks on our behalf. We may also share your personal data within our group of companies (companies directly or indirectly controlling, controlled by, or under common control with the Company, having at least 50% common ownership with the Company or owning 50% of the issued share capital of the Company) to inform you of changes, new services and promotions that we think you may find interesting. If you do not wish to receive such direct marketing data, you may opt out of such service by contacting the support team at firstname.lastname@example.org
20.4 We will retain copies of any communications that you send to us (including copies of any emails) in order to maintain accurate records of the information that we have received from you.
20.5 Players have the right to their personal data held by the operator in accordance with the Data Protection Laws. Players are also entitled to change or amend their respective personal data.
20.6 The company will use all responsible means to protect player, but is not liable should a third party unlawfully seize such data. Lawful supply of such data to third parties is on an opt-in basis.
21.1 The Website uses 'cookies' to assist the functionality of the Website. A cookie is a small file of text which is downloaded onto your computer when you access the Website and it allows us to recognise when you come back to the Website. Information on deleting or controlling cookies is available at www.aboutcookies.org. Please note that by deleting our cookies or disabling future cookies you may not be able to access certain areas or features of the Website.
22 COMPLAINTS AND NOTICES (NON-GB PLAYERS)
22.1 This section (22) applies only to non-GB players.
22.2 In the case of non-GB players if you wish to make a complaint regarding the Website, a first step should be to, as soon as reasonably possible, contact Customer Services via LiveChat function on our Website www.guts.com or by emailing us at email@example.com.
22.3 We aim to provide you with a substantive response to your complaint as soon as practically possible and seek to resolve your complaint within eight weeks from the date we receive the complaint. Depending on the complexity of the complaint, our investigation may take longer than eight weeks to resolve. We will ensure that we write to you within eight weeks of the date we receive your complaint with either a final response or an update of the position explaining why we are not in a position to provide a final response, and when we expect to be in a position to do so.
22.4 An advisor will log your call/message, investigate your enquiry and respond to it. If your concern is not resolved at this stage you can escalate the complaint by referring the matter in writing to the Head of Customer Operations at firstname.lastname@example.org. We aim to keep you informed throughout the process. On receipt of your complaint we will email you and acknowledge that we have received your complaint, will confirm the particulars of your complaint and provide you with a copy of this procedure. The Head of Customer Operations’ response represents the final stage of the internal complaints procedure.
22.5 In the event of any dispute, you agree that the records of the server shall act as the final authority in determining the outcome of any claim.
22.6 You agree that in the unlikely event of a disagreement between the result that appears on your screen 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 relevant online gaming activity and the results of this participation.
22.7 When we wish to contact you regarding such a dispute, we will do so by using any of Your Contact Details.
22.8 If you, a non-GB Player, feels unsatisfied with our decision, you may lodge a complaint directly with the relevant authority at - http://www.mga.org.mt/support/online-gaming-support/
23 COMPLAINTS AND NOTICES (GB PLAYERS)
23.1 This section (23) applies only to GB players.
23.2 In the case of GB players if you wish to make a complaint regarding the Website, a first step should be to, as soon as reasonably possible, contact Customer Services via LiveChat function on our Website www.guts.com or by emailing us at email@example.com.
23.3 We aim to provide you with a substantive response to your complaint as soon as practically possible and seek to resolve your complaint within five working days from the date we receive the complaint. Depending on the complexity of the complaint, our investigation may take longer than five working days to resolve. We will ensure that we write to you within five working days of the date we receive your complaint with either a final response or an update of the position explaining why we are not in a position to provide a final response, and when we expect to be in a position to do so.
23.4 An advisor will log your call/message, investigate your enquiry and respond to it. If your concern is not resolved at this stage you can escalate the complaint by referring the matter in writing to the Head of Customer Operations at firstname.lastname@example.org. We aim to keep you informed throughout the process. On receipt of your complaint we will email you and acknowledge that we have received your complaint, will confirm the particulars of your complaint and provide you with a copy of this procedure. The Head of Customer Operations’ response represents the final stage of the internal complaints procedure.
23.5 If your complaint relates to the outcome of a gambling transaction and is not resolved to your satisfaction by our internal complaints procedure, you may refer your dispute to our Alternative Dispute Resolution (ADR) entity, whose details are: Independent Betting Adjudication Service. Address: PO Box 62639, London, EC3P 3AS, United Kingdom Email: email@example.com. Fax Number: +44 02073475882. Telephone Number: +44 02073475883.
23.6 Alternative Dispute Resolution (ADR) involves the referral of unresolved disputes to an independent third party for adjudication. There is no charge to you for using this service. The details of our ADR entity are also held by the Gambling Commission. The ADR entity reserves the right to reject disputes referred for resolution on the basis that they are frivolous of vexatious but we are not permitted to refuse referral on that basis. The ultimate resolution may be made binding on both parties but does not deprive you of the right to pursue the matter in the courts. Details of all disputes referred to the ADR entity and details of the outcome will be provided by us to the Gambling Commission, as required by the Licence Conditions and Codes of Practice attached to MT SecureTrade’s Operating Licence.
24 TRANSFER OF RIGHTS AND OBLIGATIONS
24.1 We reserve the right to transfer, assign, sublicense or pledge the Terms, in whole or in part, to any person, provided that any such assignment will be on the same terms or terms that are no less advantageous to you.
25 EVENTS OUTSIDE OUR CONTROL
26.1 If we fail to insist upon strict performance of any of your obligations or if we fail to exercise any of the rights or remedies to which we are entitled, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
26.2 A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of the provisions of the Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with above.
27.1 If any of the Terms are determined to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law. In such cases, the part deemed invalid or unenforceable shall be amended in a manner consistent with the applicable law to reflect, as closely as possible, our original intent.
28 LAW AND JURISDICTION
29 RESPONSIBLE GAMING AND GAMBLING
29.1 We are committed to endorsing responsible gaming as a policy of customer care and social responsibility. We believe it is our responsibility to you, our customers, to ensure that you enjoy your wagering experience on our site, while remaining fully aware of the social and financial harms associated with problem gambling.
29.2 Deposit Limits - In order to assist our players in gambling responsibly, we have a Deposit Limit within each customer account. This option can be accessed within your "Guts Gaming Environment" section. Limits can be amended at any time. A decrease in the deposit limit will take effect immediately, but an increase can only occur after a cooling-off period, in order to avoid rash decisions. If you require any further information or assistance regarding our functionality, please contact support.
29.3 Self-exclusion (non-GB players) Should you need to take a break from gambling with this Website and all other skins and Websites operated by the licence holder, we provide a self-exclusion facility which can be activated by the customer within the Guts Gaming Environment or by contacting support. Self-exclusion means that your account will remain closed for a minimum period (this minimum period is 7 days and the account will not be reactivated under any circumstances during the exclusion period). This is the major difference to a standard account closure request; time out. Excluding yourself will affect your account with this Website as well as other Websites operated under the same licence.
Time Out (non-GB players) Should you need to take a time out from gambling please avail yourself to the Time Out functionality on the Website and choose the period you wish to be timed out. This tool can be found in the Guts Gaming Environment . Should you for any reason be unable to impose these limits yourself please contact Customer Services. Upon the end of your Self Exclusion or Time Out period, your account will automatically be reactivated.
Self-exclusion (GB players) Should you need to take a break from gambling with this Website and all other skins and Websites operated by the licence holder, we provide a self-exclusion facility which can be activated by the customer within the Guts Gaming Environment or by contacting support. Self-exclusion means that your account will remain closed for a minimum period (this minimum period is 6 months and the account will not be reactivated under any circumstances during the exclusion period). Upon the end of your Self Exclusion your account will remain closed until you make contact with Customer Services to have your account reactivated. This can be done in the form of an e-mail or a request through our Live Chat system. This is the major difference to a standard account closure request; time out. Once you have self-excluded on the brand you are currently a member of, all Your accounts operated by both MT SecureTrade Limited and Betit Operations Limited will be closed for the self-exclusion period selected. This is in accordance with our obligations under Social Responsibility Codes.
Time Out (GB players) Should you need to take a time out from gambling please avail yourself to the Time Out functionality on the Website and choose the period you wish to be timed out. This tool can be found in the Guts Gaming Environment . Should you for any reason be unable to impose these limits yourself please contact Customer Services. Upon the end of your Time Out period, your account will automatically be reactivated.
We will use our best endeavours to ensure that, if you have requested self-exclusion from our Website, you will not be able to open a new account with us or any other Website operated under the same license. However, in the event that you succeed in creating a new account by supplying false data, or via any similar means, you agree that all liability for any losses subsequently incurred as a result of using our Services will fall on you. Should we become aware that you have supplied false data, or any similar means, to open an account with us, we reserve the right to immediately close that account and retain any winnings.
29.4 Underage Gambling - It is illegal for anyone under the age of 18 to open an account or to gamble on our Website. We carry out age Checks on all customers who use payment mechanisms which are available to under 18s and additionally perform random age Checks on customers using other forms of funding mechanisms. Please note than anyone under the age of 18 found to be using the site will have any winnings forfeited and may also be reported to the authorities. In line with UK regulation, any person found to have created and/or operated an account whilst underage shall have any and all stakes refunded (less withdrawals, should there be any).
29.5 Filtering Systems - Filtering solutions allow parents to regulate access to the internet, based on chosen criteria. Parents can use filters to prevent their children from accessing, amongst other things, gambling Websites. If you share your computer with friends or family who are under the Legal Age to register or bet with our site, or have requested self-exclusion from gambling sites, please consider parental filtering solutions
29.6 Setting of Financial Limits – A player may set financial limits mainly related to wagers and losses by contacting our support team. Once these limits are set the player will not be able to exceed these limits.
29.7 Setting of Session Time Limits – A player may set maximum Session Time Limits by contacting our support team. Once these limits are set the player will not be allowed to continue playing above the preset time limit in any one session.
29.8 Any notice for changes described above will be accompanied by a seven (7) day cool down period in which the player will not be able to revert the conditions previously placed on his account.
29.9 We are committed to supporting Responsible Gambling initiatives and encourage you to find information about Responsible Gambling at the websites of the following organisations: GambleAware (www.gambleaware.co.uk), GamCare (www.gamcare.org.uk ), GordonHouse (www.gamblingtherapy.org) , Gam-Anon (www.gamanon.org.uk) and GA (www.gamblersanonymous.org.uk).
30.1 Where we provide hyperlinks to other websites, we do so for information purposes only. You use any such links at your own risk and we accept no responsibility for the content or use of such websites, or for the information contained on them.
31. CHAT ROOMS (BLOG)
31.1 The company gives its customers the possibility to make use of a chat room where they are able to communicate with other players registered and making use of the site. We set the chat room policy and reserve the right to change these policies at any time with or without notice. By using this chat room you are binding yourself to comply with these Terms.
31.2 The chat room is intended for legitimate comments and constructive discussion. We reserve the right to restrict the rights of individuals to post comments in any chat room set up by us. Any liability arising out of the use of such chat rooms are borne solely by the user.
31.3 Every user of our chat room agrees not to post any comment which is:
31.3.1 Defamatory in nature or any other information that the user has no legal right to disclose, or is otherwise illegal;
31.3.2 (Or contains anything which is) racist, vulgar, hateful, obscene, profane, threatening, insulting or offensive;
31.3.3 Intend to impersonate another person or entity;
31.3.4 Posted for the purpose of advertising;
31.3.5 Or contains a link to any, virus, corrupted files, key loggers or any other malicious code or material that could cause harm to the computer, data or financial security of any party;
31.3.6 A comment intended to take advantage or collude with or against other players using our site or amount to activities of a suspicious or criminal nature
31.3.7 A link to any intentionally false or misleading statements or any statement seeking to unfairly manipulate a market;
31.3.8 An attempt to collect or store data about other users;
31.3.9 A misuse of Forum functionality
31.3.10 Information protected by any form of intellectual property whether registered or unregistered or any contractual, statutory and equitable obligations of confidence
31.3.11 in a language other than the native language of that particular forum.
31.4 Our forums are moderated and all conversations are logged or recorded. We reserve the right to refuse to post any comment/s and investigate and take provisions, which may include but are not limited to the closure of any account against any user who is in breach of these Terms. We also reserve the right to close or remove any chat rooms without prior warning and also to report any suspicious chats or comments to the relevant authorities.
32.1 License. Guts Poker is licensed and regulated by the Malta Gaming Authority (www.mga.org.mt) by virtue of the license number MGA/CL3/1134/2015 (issued on 30 March 2016). Subject to these Terms, the service which we provide allows you to play on https://www.guts.com/poker in connection with the Microgaming Poker Network.
32.2 Service of Use. The Service is intended solely for the User's personal use. The User is only allowed to wager for his/her personal entertainment. Under no circumstances shall a User be permitted to use his/her "real money account" with Guts Poker for any purpose other than for using the Service.
32.3 Collusion. Collusion between Users by sharing hole cards or by any other methods is strictly forbidden. Guts Poker reserves the right to consider any collusion or attempt at collusion between players (including Users) as a material breach of this Agreement and accordingly Guts Poker shall have the right to terminate a User's account if a User engages or attempts to engage in any such activity, regardless of the outcome of such attempt.
32.4 Bots/Prohibited Programs. The use of artificial intelligence including, without limitation, robots is strictly forbidden in connection with the Service. All actions taken in relation to the Service by a User must be executed personally by players through the user interface accessible by use of the Software.
Other types of software are also prohibited, these include but are not limited to any software which:
Confers any sort of unfair advantage on the player using it;
Shares hole cards among players or assists collusion or cheating in any way;
Utilises a database of hands or player profiles which is shared between users;
Reduces or eliminates the need for a human to make decisions (for example, tools which automatically fold specific starting hands);
Is designed to datamine (i.e. gather hands or player profiles from the game client beyond which the player has observed from their own play) for any purpose whether personal or commercial. This also applies to any data which has been obtained by datamining, whether the data was obtained by the player themselves or by anyone else. Players are furthermore prohibited from sharing of any legitimately gathered data with other players;
Provides real-time advice on the action to take during play (including ICM analysis tools);
Attempts to block any of our fraud and cheating detection mechanisms;
32.5 Chip-dumping. Chip-dumping occurs when any User intentionally loses a hand in order to deliberately transfer his chips to another User. Any User who participates or attempts to participate in chip-dumping with any other User, including being the recipient of funds, while using the Service may be permanently banned from using the Service and their account may be terminated immediately. In such circumstances Guts Poker will be under no obligation to refund to you any monies that may be in your account at such time. These funds may be disseminated to those affected.
32.6 Account Sharing. Users must not share their account, under any circumstances, with any other person. It is prohibited for any User to gain an advantage by sharing accounts to disguise their playing style, or by ‘handing off’ tournaments to another User part-way through. Accordingly, a User may not use any account other than their own. It is advised that Users keep their credentials (alias, password, and any other information used to access the User’s account) secret and not reveal them to any other person.
32.7 Account Closure. In the event of any violation of the poker rules or T&Cs, the operator reserves the right to seize all of the funds in the User’s account, including deposited money, and to reverse any withdrawals that may be pending. This includes but is not limited to, obtaining funds fraudulently, cheating, and unethical play. The operator must be able to seize all of the funds in the User’s account, including deposited money.
33 SPORTS BETTING
33.1 Betting Rules. All sports betting will be carried out in accordance with our Betting Rules. Our Betting Rules explain the basis on which sports bets are accepted and settled. This includes circumstances in which bets may be cancelled by us, and the treatment of cancelled events. Our Betting Rules can be accessed here.
33.2 Persons who are not permitted to place bets. We do not accept bets placed by or on behalf of those who are 'participating' in a sporting event (for example players, athletes, managers, trainers, owners or club functionaries). We also do not accept bets placed by those with 'inside knowledge' relating to a sporting event, or bets placed by persons in violation of the rules of a sport governing body or their employer. We reserve the right to rescind or cancel bets in such circumstances, and/or to forfeit stakes placed and/or to refuse payment of any winnings; we will also take such actions where required to do so by any relevant gambling regulator.
33.3 Reporting breaches. Where relevant we will provide our gambling regulators, and any relevant sport governing body or other third party, with details of any suspicions we may have regarding match-fixing or any other betting related offence or breach. We will also provide such information as may be required to enable an effective investigation to be conducted by any regulator, sport governing body or other appropriate person.