Terms & Conditions

These Terms and Conditions are effective from 23/03/2018. All previous terms and conditions are cancelled.

A. INTRODUCTION

1. By using and/or visiting any section (including sub-domains) of the Playgo website and/or mobile application or any other website and/or mobile applications or applications that we own (the “Website and/or mobile application”) and/or registering on the Website and/or mobile application, you agree to be bound by (i) these Terms and Conditions; (ii) our Privacy Policy; (iii) our Cookies Policy and (iv) the Rules applicable to our gaming products as further referenced at paragraph 2 below (together the "Terms"), and are deemed to have accepted and understood all the Terms. Please read the Terms carefully and if you do not accept the Terms, do not use the Website and/or mobile application. The Terms shall also apply to all gaming via mobile devices including downloadable applications to a mobile device.

2. We may need to change the Terms from time to time for a number of reasons (including to comply with applicable laws and regulations, and regulatory requirements). Any minor or insubstantial changes may be made at any time and you are advised to review the Terms on a regular basis. The most up to date Terms will be available on the Website and mobile application. All major changes will be notified to you in advance of such changes taking effect. If any change is unacceptable to you, you should cease using the Website and/or mobile application and/or close your account. If, however, you continue to use the Website and/or mobile application after the date on which the changes to the Terms come into effect, you will be deemed to have accepted those changes.

3. Reference to "you", "your" or the "customer" is reference to any person using the Website and/or mobile application or the services of Playgo and/or any registered customer of Playgo.

4. As you are aware, the right to access and/or use the Website and/or mobile application (including any or all of the products offered via the Website and/or mobile application) may be illegal in certain countries. You are responsible for determining whether your accessing and/or use of the Website and/or mobile application is compliant with applicable laws in your jurisdiction and you warrant to us that gambling is not illegal in the territory where you reside.

5. Playgo is committed to providing excellent customer service. As part of that commitment, Playgo is committed to supporting responsible gambling. For further details, please click here. Although Playgo will use its reasonable endeavours to enforce its responsible gambling policies, Playgo does not accept any responsibility or liability if you nevertheless continue gambling and/or seek to use the Website and/or mobile application with the intention of deliberately avoiding the relevant measures in place and/or Playgo is unable to enforce its measures/policies for reasons outside of Playgo’s reasonable control.

B. YOUR PLAYGO ACCOUNT

1. Application

1.1 All applicants must be over 18 years of age and of legal capacity to register with Playgo. Playgo reserves the right to ask for proof of age from any customer and suspend their account until satisfactory documentation is provided. Playgo takes its responsibilities in respect of under age and responsible gambling very seriously (for further details, please click here).

1.2 All information supplied when registering with the site MUST be accurate and complete in all respects. Where this is not the case, we reserve the right to suspend the account and treat any deposits into the gambling account as being invalid (and any winnings arising from such deposit as void). Where an account is suspended, the relevant customer should Contact Us.

1.3 Playgo may confirm a customer’s address by posting an address verification letter to the customer. Enclosures may include a rule book and leaflet. All correspondence will be discreet and the envelope will not display any reference to Playgo. When such correspondence is initiated, all offers and withdrawal requests may remain pending until the address has been confirmed as correct.

1.4 By accepting the Terms and/or registering to use the Website and/or mobile application you hereby agree that we shall be entitled to conduct any and all such identification, credit and other verification checks from time to time that we may require and/or are required by applicable laws and regulations and/or by the relevant regulatory authorities for use of the Website and/or mobile application and our products generally. You agree to provide all such information as we require in connection with such verification checks. We shall be entitled to suspend or restrict your account in any manner that we may deem in our absolute discretion to be appropriate, until such time as the relevant checks are completed to our satisfaction.

1.5 As part of the registration process, we may supply your information details to authorised credit reference agencies to confirm your identity and payment card details. You agree that we may process such information in connection with your registration.

1.6 Customers may open only one account. Should we identify any customer with more than one account we reserve the right to treat any such accounts as one joint account.

1.7 Customers must keep their registration and account details up to date. This, and your account information, may be amended in the Personal section of the Website and/or mobile application. If you require any assistance, please Contact Us.

2. Account Details

2.1 Playgo allows all its customers to choose their own Password for their account. Customers must keep this information secret and confidential as you are responsible for all transactions placed on your account and any other activities taking place on your account.

2.2 Transactions will stand if your Username (email address) and Password have been entered correctly or if your account has been accessed via Touch ID, Face ID, Passcode or the ‘Keep me logged in’ facility (whether or not authorised by you), subject to there being sufficient funds in the account.

2.3 If, at any time, you feel a third party is aware of your Password and/or Passcode you should change it immediately via the Website and/or mobile application. Should you forget part or all of your combination, please Contact Us.

2.4 If you activate Touch ID, Face ID, Passcode and/or the ‘Keep me logged in’ facility and feel that a third party could be accessing your account via any of these methods then you should immediately disable Touch ID, Face ID, Passcode and/or the ‘Keep me logged in’ facility from all of your devices and Contact Us. You are responsible for the security of your device(s) and for all transactions placed on your account and any other activities taking place on your account.

2.6 Please note that cardholder details and any other sensitive data should never be sent to us by unencrypted email.

2.7 The current balance and transaction history of your account may be viewed at any time once you have logged into your account on the Website and/or mobile application.

3. Personal Details

3.1 We will comply with applicable data protection laws (including, in the UK, the Data Protection Act 1998 and, in Gibraltar, the Data Protection Act 2004) in respect of the personal information you supply to us. Your personal information is processed in accordance with our Privacy Policy, a copy of which is available by clicking here.

4. Suspension and Closure

4.1 If you want to close your account, please Contact Us.

4.2 Playgo reserves the right to close or suspend your account at any time and for any reason. Without limiting the preceding sentence, Playgo shall be entitled to close or suspend your account if:

  1. you become bankrupt;
  2. Playgo considers that you have used the Website and/or mobile application in a fraudulent manner or for illegal and/or unlawful or improper purposes;
  3. Playgo considers that you have used the Website and/or mobile application in an unfair manner, have deliberately cheated or taken unfair advantage of Playgo or any of its customers or if your account is being used for the benefit of a third party;
  4. Playgo is requested to do so by the police, any regulatory authority or court;
  5. Playgo considers that any of the events referred to in (a) to (c) above may have occurred or are likely to occur; or
  6. your account is deemed to be dormant and its balance is, or reaches zero in accordance with paragraph B.5.1 below.

4.3 If Playgo closes or suspends your account for any of the reasons referred to in (a) to (e) above, you shall be liable for any and all claims, losses, liabilities, damages, costs and expenses incurred or suffered by Playgo (together “Claims”) arising therefrom and shall indemnify and hold Playgo harmless on demand for such Claims. In the circumstances referred to in (a) to (e) above, Playgo shall also be entitled to withhold and/or retain any and all amounts which would otherwise have been paid or payable to you (including any winnings, Credits or bonus payments).

5. Dormant Accounts

5.1 Playgo will apply an Administration Fee to all accounts that have been ‘inactive’ for a consecutive period of at least 365 days in accordance with the following procedure. An account is deemed to be ‘inactive’ during any period in which none of the following actions take place in relation to it: (i) a successful deposit or (ii) a successful balance transfer to a gaming machine.

  1. If your account remains ‘inactive’ for a continuous period of 365 days then your account shall be deemed to be ‘dormant’ and, if the balance on your account is zero, your account will be closed and no fee shall apply.
  2. If, on being deemed to be dormant, your account has a positive balance, Playgo shall take reasonable steps to notify you using the details you provided during your registration process (or as updated by you).
  3. If your account remains dormant, after a minimum period of 28 days following Playgo’s first attempt to notify you that your account has become dormant, Playgo shall deduct a monthly Administration Fee from your account balance of £2 (or currency equivalent), or 5% of your account balance at the time that it is deemed to be dormant (whichever is greater).
  4. The Administration Fee calculated in accordance with (c) above shall be deducted from your account balance on the expiry of the 28 day notification period mentioned above and every 28 days thereafter at the same rate until the earlier of: (i) your account balance reaching zero when no further Administration Fee shall be deducted and your account will be closed; or (ii) you ‘reactivating’ your account when no further Administration Fee shall be deducted.

5.2 You can ‘reactivate’ your account by: (i) making a successful deposit or (ii) making a successful balance transfer to a gaming machine.

5.3 You can request a refund of any Administration Fees by contacting our Customer Service department.

C. YOUR FINANCES

1. Deposits and Wagers

1.1 You may only transfer funds to a gaming machine with the amount of cleared funds held in your account. Accordingly, if you want to transfer funds to a gaming machine, you must deposit monies into your account.

1.2 By depositing funds into your account, you direct us and we agree to hold them, along with any winnings, for the sole and specific purpose of using them (i) to make transfers to gaming machines (ii) settling any fees or charges that you might incur in connection with the use of our services (Purpose). We shall be entitled to suspend or close your account if we reasonably consider or have reason to believe that you are depositing funds without any intention to transfer them to a gaming machine. In such circumstances we may also report this to relevant authorities.

1.3 For payment methods that require a specific account holder, you should only deposit funds into your Playgo account from a source where you are the named account holder. In such cases where Playgo identify that the named account holder differs from that which Playgo hold, we reserve the right to treat any deposits into the gambling account as being invalid (and any winnings arising from such deposit as void).

1.4 We are required by our licence to inform customers about what happens to funds which we hold on account for you in the event of insolvency.
http://www.gamblingcommission.gov.uk/for-the-public/Your-rights/Protection-of-customer-funds.aspx
All funds that we hold for you are held in a separate designated customer bank account. These funds are not protected in the event of insolvency. This meets the Gambling Commission’s requirement for the segregation of customer funds at the level: basic segregation.

1.5 You agree that we shall be entitled to retain any interest which might accrue on monies held in your Playgo account.

1.6 No credit will be offered by any employee of Playgo, and transfers must be supported by sufficient funds in the customer account. Playgo reserves the right to void any transfer which may have inadvertently been accepted when the account did not have sufficient funds to cover the transfer. Should funds be credited to a customer's account in error it is the customer's responsibility to inform Playgo without delay. Playgo will recover such funds by account adjustment.

1.7 Unless otherwise stated, all examples given on the Website and/or mobile application are given in Pounds Sterling. For any transaction which requires a currency exchange, the applicable exchange rate will be the mid-rate as quoted by the Financial Times. The currency options available are listed in Appendix One to these Terms and Conditions and on the Website and/or mobile application.

1.8 In addition, Playgo shall be entitled to withhold and/or retain any and all amounts earned or received by you as a result of or in connection with your ‘unauthorised’ use of the Website and/or mobile application including activities which are not for an authorised purpose.

1.9 Playgo does not charge for deposits made by Debit Card, however please be aware that some card issuers consider such transactions as ‘cash’ payments and therefore may charge you a cash advance fee. Please check with your card issuer for further details.

2. Withdrawals

2.1 Where possible, all withdrawals will be processed to the payment account from which the deposits were made. Withdrawal payments can only be made in the name of and to the registered account holder.

2.2 For most payment types, withdrawals can be processed by clicking 'Withdraw' on the Website and/or mobile application, subject to there being sufficient funds in your Playgo account. There is no set maximum withdrawal amount per day but withdrawal requests for amounts greater than £2,500 may require additional arrangements.

2.3 We are required by our licence to inform customers about what happens to funds which we hold on account for you in the event of insolvency.
http://www.gamblingcommission.gov.uk/for-the-public/Your-rights/Protection-of-customer-funds.aspx
All funds that we hold for you are held in a separate designated customer bank account. These funds are not protected in the event of insolvency. This meets the Gambling Commission’s requirement for the segregation of customer funds at the level: basic segregation.

2.4 If the value of a deposit is not played through in full before a withdrawal is requested, Playgo reserves the right to make a charge to the customer’s account to cover all reasonable costs relating to both the deposit and withdrawal. If necessary, the value of the withdrawal requested may be reduced accordingly.

3. Other

3.1 If we incur any charge-backs, reversals or other charges in respect of your account, we reserve the right to charge you for the relevant amounts incurred.

3.2 We may, at any time, set off any positive balance on your account against any amounts owed by you to Playgo.

3.3 You are responsible for reporting your winnings and losses to the tax and/or other authorities in your jurisdiction.

D. USE OF THE WEBSITE AND/OR MOBILE APPLICATION

1. Information and Content

1.1 Information accessed by you on the Website and/or mobile application is for your personal use only and the distribution or commercial exploitation of such information is strictly prohibited. No warranty is given as to the uninterrupted provision of such information or its accuracy. The information is not intended to amount to advice or recommendations and is provided for information purposes only.

2. Your Equipment

2.1 Your computer equipment or mobile device and internet connection may affect the performance and/or operation of the Website and/or mobile application. Playgo does not guarantee that the Website and/or mobile application will operate without faults or errors or that the Playgo services will be provided without interruption. Playgo does not accept any liability for any failures or issues that arise due to your equipment, internet connection or internet or telecommunication service provider.

2.2 For customers using the Playgo mobile application, please note that Playgo will not be responsible for any damage to, or loss of data from the mobile device that the software is installed on (unless such damage or loss is solely and directly attributable to the downloaded software) and will also not be responsible for any call, data or other charges incurred whilst using the software.

3. Fair Use

3.1 The Website and/or mobile application and Playgo products may only be used for the purposes of transferring funds to/from gaming products.

3.2 You must not use the Website and/or mobile application for the benefit of a third party or for any purpose which (in Playgo’s opinion) is illegal, defamatory, abusive or obscene, or which Playgo considers discriminatory, fraudulent, dishonest or inappropriate.

3.3 Playgo will seek criminal and contractual sanctions against any customer involved in fraudulent, dishonest or criminal acts via or in connection with the Website and/or mobile application or Playgo's products. Playgo will withhold payment to any customer where any of these are suspected or where the payment is suspected to be for the benefit of a third party. The customer shall indemnify and shall be liable to pay to Playgo, on demand, all Claims (as defined in paragraph B.4.3 above) arising directly or indirectly from the customer’s fraudulent, dishonest or criminal act.

4. Other

4.1 Playgo actively monitors traffic to and from the Website and/or mobile application. Playgo reserves the right in its sole discretion to block access where evidence indicative of automated or robotic activity is found.

4.2 Playgo reserves the right to restrict access to all or certain parts of the Website and/or mobile application in respect of certain jurisdictions.

4.3 Playgo may alter or amend the products offered via the Website and/or mobile application at any time and for any reason.

4.4 From time to time, all or part of the Website and/or mobile application may be unavailable for use by you because of our maintenance of the Website and/or mobile application and/or alteration or amendment of any of the Website and/or mobile application products.

E. OUR LIABILITY

1. Playgo does not accept any liability for any damages, liabilities or losses which are deemed or alleged to have arisen out of or in connection with the Website and/or mobile application or its content (including delays or interruptions in operation or transmission, communication or lines failure, any person's misuse of the Website and/or mobile application or its content or any errors or omissions in content).

2. While Playgo endeavours to ensure that the information on the Website and/or mobile application is correct, Playgo does not warrant the accuracy or completeness of the information and material on the Website and/or mobile application. The Website and/or mobile application may contain typographical errors or other inaccuracies, or information that is out of date. Playgfo is under no obligation to update such material. The information and material on the Website and/or mobile application is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, Playgo provides you with the Website and/or mobile application on the basis that Playgo excludes all representations, express or implied warranties, conditions and other terms which but for these terms and conditions might have effect in relation to the Website and/or mobile application.

3. Playgo’s total aggregate liability to you under or in connection with these Terms and Conditions does not exceed:

  1. the value of the transfers you placed via your account in respect of the relevant transfer or product that gave rise to the relevant liability; and
  2. the amount of applicable monies, where such monies have been misplaced by us.
  3. £10,000 in respect of any other liability.

4. Except as otherwise set out in these terms, Playgo shall not be liable, in contract, tort (including negligence) or for breach of statutory duty or in any other way for any of the following (whether incurred directly or indirectly):

  1. loss of profits;
  2. loss of business;
  3. loss of revenue;
  4. loss of opportunity;
  5. loss of data;
  6. loss of goodwill or reputation; or
  7. any special, indirect or consequential losses, whether or not such losses were within the contemplation of the parties at the date of these terms and conditions.

5. Nothing in this Section F shall limit Playgo's liability to pay the customer winnings or other sums properly owing to it, subject always to terms and conditions set out herein and the maximum winnings on products in Appendix Two to these Terms and Conditions.

6. Nothing in these Terms and Conditions shall exclude or limit Playgo’s liability for:

  1. death or personal injury caused by Playgo’s negligence;
  2. fraud or fraudulent misrepresentation; or
  3. any liability which cannot be excluded or limited under applicable law.

F. OUR INTELLECTUAL PROPERTY RIGHTS

1. The contents of the Website and/or mobile application are protected by international copyright laws and other intellectual property rights. The owner of these rights is Playgo, its affiliates or other third party licensors.

2. All product and company names and logos mentioned on the Website and/or mobile application are the trade marks, service marks or trading names of their respective owners, including Playgo.

3. No part of the Website and/or mobile application may be reproduced or stored, modified, copied, republished, uploaded, posted, transmitted or distributed, by any means or in any manner, or included in any other website and/or mobile application or in any public or private electronic retrieval system or service including text, graphics, video, messages, code and/or software without our express prior written consent.

4. If you make use of a feature that allows you to upload material, information, comments, postings or other content to the Website and/or mobile application ("User Content"), then the User Content will be considered to be non-confidential and non-proprietary and Playgo has the right to use, copy, distribute and disclose to third parties any User Content for any purpose. Playgo also has the right to disclose your identity to any third party who is claiming that any User Content posted or uploaded by you to the Website and/or mobile application constitutes a violation of their intellectual property rights or of their right to privacy. Playgo has the right to remove, amend or edit any User Content you make on the Website and/or mobile application.

5. Any commercial use or exploitation of the Website and/or mobile application or its content is strictly prohibited.

G. OTHER PROVISIONS

1. These Terms and Conditions, the Privacy Policy, the Cookies Policy, the Rules and any document expressly referred to in them and any guidelines or rules posted on the Website and/or mobile application constitute the entire agreement and understanding of the parties and supersede any previous agreement between the parties relating to their subject matter. You acknowledge and agree that in entering into and agreeing to these Terms and Conditions, the Privacy Policy, the Cookies Policy, the Rules and any document expressly referred to in them and any guidelines or rules posted on the Website and/or mobile application you do not rely on, and shall have no remedy in respect of, any statement, representation, warranty, understanding, promise or assurance (whether negligently or innocently made) of any person (whether party to this agreement or not) other than as expressly set out therein. Nothing in this clause shall operate to limit or exclude any liability for fraud or fraudulent misrepresentation.

2. In no event will any delay, failure or omission (in whole or in part) in enforcing, exercising or pursuing any right, power, privilege, claim or remedy conferred by or arising under these Terms and Conditions or by law, be deemed to be or construed as a waiver of that or any other right, power, privilege, claim or remedy in respect of the circumstances in question, or operate so as to bar the enforcement of that, or any other right, power, privilege, claim or remedy, in any other instance at any time or times subsequently.

3. The rights and remedies provided by these Terms and Conditions are cumulative and (unless otherwise provided in these Terms and Conditions) do not exclude any other rights or remedies available in law.

4. If any provision of these Terms and Conditions is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of these Terms and Conditions which shall remain in full force and effect.

5. You shall execute or cause to be executed all documents and do or cause to be done all further acts and things consistent with the terms of these Terms and Conditions that Playgo may from time to time reasonably require in order to vest in and secure to Playgo the full benefit of rights and benefits to be transferred or granted to Playgo under these Terms and Conditions and for the protection and enforcement of the same and otherwise to give full effect to the terms of these Terms and Conditions.

6. Nothing in these Terms and Conditions shall create or be deemed to create a partnership, joint venture or principal-agent relationship between the parties and no party shall have authority to bind any other in any way unless expressly provided otherwise in these Terms and Conditions.

7. Playgo shall not be in breach of these Terms and Conditions nor liable for delay in performing, or failure to perform, any of its obligations if such delay or failure results from events, circumstances or causes beyond its reasonable control including (without limitation) any telecommunications network failures, power failures, failures in third party computer hardware or software, fire, lightning, explosion, flood, severe weather, industrial disputes or lock-outs, terrorist activity and acts of government or other competent authorities. In such circumstances the time for performance shall be extended by a period equivalent to the period during which performance of the obligation has been delayed or failed to be performed.

8. Playgo may assign, transfer, charge, sub-license or deal in any other manner with these Terms and Conditions, or sub-contract any of its rights and obligations under these Terms and Conditions, to any party including any company within the Playgo group.

9. Any notice to be given under these Terms and Conditions must be in writing, in English and may be served by hand delivery, first class post, recorded delivery or registered post or airmail, email or fax to: (a) in the case of Playgo, the address of the relevant Playgo company as set out at the beginning of these Terms and Conditions or as displayed on the Website and/or mobile application; and (b) in respect of notices given by Playgo to you, pursuant to the customer registration procedure (including any amendment to those details you have notified to Playgo). Any notice shall be deemed to have been received: (a) if delivered by hand, at the time of delivery; (b) if sent by first class post, recorded delivery or registered post, at 09.30 (GMT) on the second clear day after the date of posting; (c) if sent by pre-paid registered airmail, at 09.30 (GMT) on the fifth clear day after the date of posting; (d) if sent by email, at the time of sending; and (e) if sent by fax, at the time of transmission by the sender.

10. The Appendices, the Privacy Policy, the Cookies Policy, the Rules and any document expressly referred to in them and any guidelines or rules posted on the Website and/or mobile application form an integral part of these Terms and Conditions and shall have effect as if set out in full in the body of these Terms and Conditions. In the event of any inconsistency between the main body of these Terms and Conditions and the Appendices, the Privacy Policy, the Cookies Policy, the Rules and/or any document expressly referred to in them and any guidelines or rules posted on the Website and/or mobile application, unless stated otherwise, the main body shall prevail.

H. COMPLAINTS, DISPUTES, GOVERNING LAW AND JURISDICTION

1. Should there be any claim or dispute arising from a past or current transaction, please Contact Us. If Playgo is unable to settle the dispute, either party is entitled to refer the dispute to an arbiter, such as the Online Dispute Resolution (ODR) platform, whose decision will be final (save in respect of any manifest error) subject to full representation given to all parties involved. No dispute regarding any balance transfer will result in litigation, court action or objection to a Gambling Commission licence or permit (including any remote operator’s licence or personal licence) unless Playgo fails to implement the decision given by arbitration.

2. For further information on ODR:
https://ec.europa.eu/consumers/odr/main/?event=main.home.show

3. These Terms and Conditions and any dispute or claim arising out of or in connection with it or its subject matter, whether of a contractual or non-contractual nature, shall be governed by and construed in accordance with the laws of England and Wales.

4. By accepting these Terms and Conditions and/or making use (whether authorised or not) of the facilities offered by Playgo (whether through the Website and/or mobile application or otherwise), you irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute which may arise out of or in connection with these Terms and Conditions. Notwithstanding the foregoing, Playgo shall be entitled to bring a claim against a customer in the court of the customer's country of domicile.