Duel Gaming These Terms and Conditions are effective from 16/08/2019. All previous terms and conditions are cancelled. A. INTRODUCTION
- Where you play any Duel, Matchmaking, Tournament, game, or otherwise place a wager (together, a “Wager”), using the Website, you accept and agree to be bound by, the Rules which apply to the applicable products available on the Website from time to time. The Rules can be found under the [Game Rules] tab of the applicable section of the Website.
- Where reference is made to “Duel Gaming” “we”, “our” or “us” this refers to Duel Gaming Limited a company incorporated under the laws of England and Wales (company number 11733719) and with its registered office at 71–75 Shelton Street, London, WC2H 9JQDuel Gaming Limited is licensed and regulated by the British Gambling Commission.
- 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. 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 close your account. If, however, you continue to use the Website after the date on which the changes to the Terms come into effect, you will be deemed to have accepted those changes.
- Reference to “you”, “your” or the “customer” is reference to any person using the Website or any registered customer of Duel Gaming.
- As you are aware, the right to access and/or use the Website (including any or all of the products offered via the Website) may be illegal in certain countries (including, for example, the USA). You are responsible for determining whether your accessing and/or use of the Website is compliant with applicable laws in your jurisdiction and you warrant to us that gambling is not illegal in the territory where you reside.
- Duel Gaming is committed to providing excellent customer service. As part of that commitment, Duel Gaming is committed to supporting responsible gambling. Although Duel Gaming will use its reasonable endeavors to enforce its responsible gambling policies, Duel Gaming does not accept any responsibility or liability if you nevertheless continue gambling and/or seek to use the Website with the intention of deliberately avoiding the relevant measures in place and/or Duel Gaming is unable to enforce its measures/policies for reasons outside of Duel Gaming’s reasonable control.
B. YOUR DUEL GAMING ACCOUNT
- Application1.1 All applicants must be over 18 years of age and of legal capacity to place a Wager or register with Duel Gaming. Duel Gaming reserves the right to ask for proof of age from any customer and suspend their account until satisfactory documentation is provided. Duel Gaming takes its responsibilities in respect of under age and responsible gambling very seriously. 1.2 All information supplied when registering with the site MUST be your information and 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 by email at email@example.com. 1.3 By accepting the Terms and/or registering to use the Website 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 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 to be appropriate, until such time as the relevant checks are completed to our satisfaction. 1.4 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. 1.5 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. 1.6 Customers must keep their registration and account details up to date. This, and your account information, may be amended in the Profile section of the Website. If you require any assistance, please contact us by email at firstname.lastname@example.org.
- Account Details 2.1 Duel Gaming allows all its customers to choose their own Username/Password combination for their account. Customers must keep this information secret and confidential as you are responsible for all Wagers placed on your account and any other activities taking place on your account. 2.2 Wagers will stand if your Username and Password have been entered correctly or if your account has been accessed via Touch ID, Fingerprint log in, 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 Username, Password and/or Passcode you should change it immediately via the Website. Should you forget part or all of your combination, please contact us by email at email@example.com. 2.4 Please note that cardholder details and any other sensitive data should never be sent to us by unencrypted email. 2.5 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.
- Suspension and Closure4.1 If you want to close your account, please contact us by email at firstname.lastname@example.org. 4.2 Duel Gaming reserves the right to close or suspend your account at any time and for any reason. Without limiting the preceding sentence, Duel Gaming shall be entitled to close or suspend your account if: (a) you become bankrupt (b) Duel Gaming considers that you have used the Website in a fraudulent manner or for illegal and/or unlawful or improper purposes; (c) Duel Gaming considers that you have used the Website in an unfair manner, have deliberately cheated or taken unfair advantage of Duel Gaming or any of its customers or if your account is being used for the benefit of a third party; (d) Duel Gaming is requested to do so by the police, any regulatory authority or court; (e) Duel Gaming considers that any of the events referred to in (a) to (c) above may have occurred or are likely to occur; or (f) your account is deemed to be dormant and its balance is, or reaches zero in accordance with paragraph 5.1 below. 4.3 If Duel Gaming 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 Duel Gaming (together “Claims”) arising therefrom and shall indemnify and hold Duel Gaming harmless on demand for such Claims. In the circumstances referred to in (a) to (e) above, Duel Gaming 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).
- Dormant Accounts5.1 Duel Gaming 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; (ii) a Wager is placed or (iii) a contest is entered. (a) If your account remains ‘inactive’ for a continuous period of 90 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. (b) If, on being deemed to be dormant, your account has a positive balance, Duel Gaming shall take reasonable steps to notify you using the details you provided during your registration process (or as updated by you) and will attempt to withdraw the balance back to your last payment method where possible. For security reasons, you will need to confirm that the details of your last payment method are correct prior to Duel Gaming being able to withdraw the balance back to it. Should it not be possible to withdraw the balance back to your last payment method then you will be required to provide details of a bank account in your name that we can verify and withdraw the balance to. (c) If your account remains dormant, after a minimum period of 30 days following Duel Gaming’s first attempt to notify you that your account has become dormant and attempt to withdraw the balance back to your last payment method, Duel Gaming shall deduct a monthly Administration Fee from your account balance of £2 or 5% of your account balance at the time that it is deemed to be dormant (whichever is greater). (d) The Administration Fee calculated in accordance with (c) above shall be deducted from your account balance following the expiry of the 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 withdrawing your balance in full or ‘reactivating’ your account when no further Administration Fee shall be deducted. 5.2 You can ‘reactivate’ your account by: (i) making a successful deposit; (ii) placing a Wager (iii) entering a contest.
C. YOUR FINANCES
- Deposits and Wagers1.1 You may only Wager with the amount of cleared funds held in your account. Accordingly, if you want to participate in gaming, 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 place your gaming stakes and Wagers; and (ii) settling any fees or charges that you might incur in connection with the use of our services (the “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 game. 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 account from a source where you are the named account holder. In such cases where Duel Gaming identify that the named account holder differs from that which Duel Gaming hold, we reserve the right to treat any deposits into the account as being invalid (and any winnings arising from such deposit as void). 1.4 All funds that we hold for you are held in separate designated customer bank accounts to be used solely for the Purpose. We will not mix customers’ funds in those accounts with any other, including our own. In the event of our insolvency, however, your funds are not protected. 1.5 You agree that we shall be entitled to retain any interest which might accrue on monies held in your Duel Gaming account. 1.6 No credit will be offered by any employee of Duel Gaming. Duel Gaming reserves the right to void any Wager or contest which may have inadvertently been accepted when the account did not have sufficient funds to cover the Wager or entrance fee. Should funds be credited to a customer’s account in error it is the customer’s responsibility to inform Duel Gaming without delay. Duel Gaming will recover such funds by account adjustment. 1.7 Unless otherwise stated, all amounts given on the Website are given in Pounds Sterling. 1.8, Duel Gaming 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 including activities which are not for an authorised purpose. 1.9 Duel Gaming does not charge for deposits made by Debit/Credit 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.
- Withdrawals2.1 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 Duel Gaming does charge you for withdrawing funds form your account. These charges are intended to cover the charges levied on Duel Gaming by its payments services provider, and are explained on the Website.
- Other3.1 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 Duel Gaming. 3.3 You are responsible for reporting your winnings and losses to the tax and/or other authorities in your jurisdiction. 3.4 Internet gambling may be illegal in the jurisdiction in which you are located. If so, you are not authorised to use your payment card to complete the transaction. However, any Wagers or entrance fees accepted from such jurisdictions will stand – win or lose.
D. GAMING PROCEDURES
- Entering matches and contests1.1 Duel Gaming reserves the right to decline all, or part, of any Wager or entrance fee requested at its sole and absolute discretion. All Wagers are placed at your own risk and discretion. 1.2 We only accept Wagers or entrance fees online (including via mobile device or downloadable applications on a mobile device). Wagers or entrance fees are not accepted in any other form (post, email, fax, etc.) and where received will be invalid and void – win or lose. 1.3 It is the responsibility of the customer to ensure details of their Wagers and entrance fees are correct. Once Wagers and entrance fees have been committed to they may not be cancelled by the customer. Duel Gaming reserves the right to cancel any Wagers and contests at any time.
- Wagers and entrance fees confirmation2.1 Wagers and entrance fees will not be valid if there are insufficient funds in your account. 2.2 Should a dispute arise, you and Duel Gaming agree that Duel Gaming will be the ultimate authority in such matters.
- Offers3.1 Duel Gaming may reclaim any bonus amount or account credit or similar that have been awarded in error. 3.3 All customer offers are limited to one per person. If Duel Gaming has reasonable grounds to suspect that a bonus or offer is being claimed by or for the benefit of the same person more than once or by a group of people then it may withdraw the availability of any offer or all offers to that customer or group of customers and/or void any Wager or contest funded by the bonus or offer and remove any winnings from such Wager or contest. 3.4 Duel Gaming may, at any time, make minor amendments to the terms and conditions of any offer or promotion to correct typographical errors or to improve on clarity or customer experience and may cancel any offer or promotion for legal or regulatory reasons.
- Settlement and Payouts4.1 Winnings from settled Wagers and contests are added to the balance of your account. Any funds/winnings credited to an account in error are not available for use, and Duel Gaming reserves the right to void any transactions involving such funds and/or withdraw the relevant amount from your account and/or reverse the transaction, either at the time or retrospectively. 4.2 Duel Gaming reserves the right to withhold payment and to declare Wagers and contests void if we have evidence that the the integrity of the event has been called into question; or cheating is suspected. 4.3 If for any reason we are unable to validate the outcome of a particular Wager or contest, that Wager or contest will be void.
E. USE OF THE WEBSITE
- Website Content and Permitted and Prohibited Use1.1 Any commercial use or exploitation of the whole or any part of the Website, the information or data on the Website, any other information or data on the Website and/or its source code is strictly prohibited. 1.2 The use of automated systems or software to copy and/or extract the whole or any part of, the Website, the information or data on the Website, any other information or data on or contained within or as part of the Website and/or its source code for any purpose is strictly prohibited.
- Your Equipment2.1 Your computer equipment or mobile device and internet connection may affect the performance and/or operation of the Website. Duel Gaming does not guarantee that the Website will operate without faults or errors or that the Duel Gaming services will be provided without interruption. Duel Gaming does not accept any liability for any failures or issues that arise due to your equipment, internet connection or internet or telecommunication service provider (including, for example, your ability to participate in a Wager or contest, whether committed to or not). Loss of a Wager or contest on account of computer equipment or internet connection failure is entirely at the cost of the customer.
- Fair Use3.1 You must not use the Website for the benefit of a third party or for any purpose which (in Duel Gaming’s opinion) is illegal, defamatory, abusive or obscene, or which Duel Gaming considers discriminatory, fraudulent, dishonest or inappropriate. 3.3 Duel Gaming will seek criminal and contractual sanctions against any customer involved in fraudulent, dishonest or criminal acts via or in connection with the Website or Duel Gaming’s products. Duel Gaming 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 Duel Gaming, on demand, all claims arising directly or indirectly from the customer’s fraudulent, dishonest or criminal act.
- Software and Technology Issues4.1 While Duel Gaming endeavours to ensure that the Website is available 24 hours a day, Duel Gaming shall not be liable if for any reason the Website is unavailable at any time or for any period. We reserve the right to make changes or corrections to or to alter, suspend or discontinue any aspect of the Website and the content or services or products available through it, including your access to it. 4.2 You must not misuse the Website by introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. In particular, you must not access without authority, interfere with, damage or disrupt the Website or any part of it; any equipment or network on which the Website is stored; any software used in connection with the provision of the Website; or any equipment, software or website owned or used by a third party. You must not attack our Website via a denial-of-service attack. Save where we have not taken reasonable steps, 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, software or to your downloading of any material posted on it, or on any website linked to it.
- Third Party Content5.1 Where the Website contains links to third party websites and resources, these links are provided for your information only. Duel Gaming has no control over the content of these sites or resources, and accepts no liability for them or for any loss or damage that may arise from your use of them. The inclusion of a link to a third party website does not constitute an endorsement of that third party’s website, product or services (if applicable).
- Errors6.1 Duel Gaming will not be liable for any errors in respect of Wagers or contests including where Duel Gaming incorrectly calculates or pays a settlement amount, or where a Wager or contest is made void incorrectly.
- Other7.1 Duel Gaming actively monitors traffic to and from the Website. Duel Gaming reserves the right in its sole discretion to block access where evidence indicative of automated or robotic activity is found. 7.2 Duel Gaming reserves the right to restrict access to all or certain parts of the Website in respect of certain jurisdictions. 7.3 Duel Gaming may alter or amend the products offered via the Website at any time and for any reason. 7.4 From time to time, all or part of the Website may be unavailable for use by you because of our maintenance of the Website and/or alteration or amendment of any of the Website products.
F. OUR LIABILITY
- Duel Gaming 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 or its content (including delays or interruptions in operation or transmission, communication or lines failure, any person’s misuse of the Website or its content or any errors or omissions in content).
- While Duel Gaming endeavours to ensure that the information on the Website is correct, Duel Gaming does not warrant the accuracy or completeness of the information and material on the Website. The Website may contain typographical errors or other inaccuracies, or information that is out of date. Duel Gaming is under no obligation to update such material. The information and material on the Website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, Duel Gaming provides you with the Website on the basis that Duel Gaming 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.
- Duel Gaming’s total aggregate liability to you under or in connection with these Terms and Conditions does not exceed(a) the value of the Wagers or contest entrance fees you placed via your account in respect of the relevant Wagers and entrance fees or product that gave rise to the relevant liability; and (b) the amount of applicable monies, where such monies have been misplaced by us. (c) £1,000 in respect of any other liability.
- Except as otherwise set out in these terms, Duel Gaming 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):(a) loss of profits; (b) loss of business; (c) loss of revenue; (d) loss of opportunity; (e) loss of data; (f) loss of goodwill or reputation; or (g) 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.
- Nothing in this Section F shall limit Duel Gaming’s liability to pay the customer winnings or other sums properly owing to it, subject always to terms and conditions set out herein.
- Nothing in these Terms and Conditions shall exclude or limit Duel Gaming’s liability for:(i) death or personal injury caused by Duel Gaming’s negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any liability which cannot be excluded or limited under applicable law.
G. OUR INTELLECTUAL PROPERTY RIGHTS
- The contents of the Website are protected by international copyright laws and other intellectual property rights. The owner of these rights is Duel Gaming, its affiliates or other third party licensors.
- All product and company names and logos mentioned on the Website are the trade marks, service marks or trading names of their respective owners, including Duel Gaming.
- No part of the Website 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 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.
- If you make use of a feature that allows you to upload material, information, comments, postings or other content to the Website (“User Content”), then the User Content will be considered to be non-confidential and non-proprietary and Duel Gaming has the right to use, copy, distribute and disclose to third parties any User Content for any purpose. Duel Gaming 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 constitutes a violation of their intellectual property rights or of their right to privacy. Duel Gaming has the right to remove, amend or edit any User Content you make on the Website.
- Any commercial use or exploitation of the Website or its content is strictly prohibited.
H. OTHER PROVISIONS
- 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.
- 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.
- 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.
- 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 Duel Gaming may from time to time reasonably require in order to vest in and secure to Duel Gaming the full benefit of rights and benefits to be transferred or granted to Duel Gaming 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.
- 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.
- Duel Gaming 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.
- Duel Gaming 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 Duel Gaming group.
- 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, or email to: (a) in the case of Duel Gaming, the address of the relevant Duel Gaming company as set out at the beginning of these Terms and Conditions or as displayed on the Website; and (b) in respect of notices given by Duel Gaming to you, pursuant to the customer registration procedure (including any amendment to those details you have notified to Duel Gaming). 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; and (d) if sent by email, at the time of sending.
I. COMPLAINTS, DISPUTES, GOVERNING LAW AND JURISDICTION
- Should there be any claim or dispute arising from a past or current transaction, please contact us by email at email@example.com. If Duel Gaming is unable to settle the dispute, either party is entitled to refer the dispute to an arbiter, such as Promediate, 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 Wagers and entrance fees will result in litigation, court action or objection to a gambling licence or permit (including any remote operator’s licence or personal licence) unless Duel Gaming fails to implement the decision given by arbitration.
- Subject to paragraph B.3.1 above, 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.
- By accepting these Terms and Conditions and/or entering into Wagers and/or contests and/or making use (whether authorised or not) of the facilities offered by Duel Gaming (whether through the Website or otherwise) and/or by using, visiting and/or accessing any part (including, but not limited to, sub-domains, source code and/or website APIs, whether visible or not) of the Website, 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, Duel Gaming shall be entitled to bring a claim against a customer in the court of the customer’s country of domicile.