General terms and conditions
PLEASE READ THIS INFORMATION BEFORE YOU MOVE ON TO THE REMAINDER OF THESE GENERAL TERMS AND CONDITIONS
Everything contained in the Agreement between us (see Section 1.2 below for how "Agreement" is defined) is important and should be read by you, but we would like to draw your attention in particular to the following Sections in these General T&Cs ("General T&Cs" is defined in Section 1.1 below) and the important terms and conditions that they contain. These Sections in particular have the potential to affect your interests. It is important that you read the Sections themselves and not rely on the short summaries below:
By registering for an Account (defined in 5.1 below) and/or accessing or using any part of the Website and Services (both defined in Section 1.1 below) you are entering into a legally binding contract. That contract is between you and us and it incorporates all the terms, conditions and documents forming the "Agreement" (explained in Section 1.2 below). Please read Section 1 (including the documents referred to in Section 1.2) and Section 3 carefully.
You must be 18 or over and meet certain other eligibility criteria and requirements to use the Services. Please read Section 5 carefully.
We will need to complete our Verification Checks (defined in Section 6) before you can do certain things in connection with your Account. We may also run Verification Checks on an ongoing basis after your Account has been opened. If we’re unable to complete our Verification Checks to our reasonable satisfaction, we will have the right to suspend and, ultimately, to close your Account, and we may pass on any necessary information to the relevant authorities. Please read Section 6 carefully.
You may only register for one Account per Brand ("Brand" is defined in Section 1.1 below). If we discover that you have opened more than one Account per Brand (which we call a "Duplicate Account"), we will have certain rights, including the right to close your Duplicate Account(s) (and in some circumstances your original Account too) and to void relevant Transactions (defined in Section 6.4 below), Bonuses (defined in Section 1.2 below) and/or winnings. Please read Section 7 carefully.
Inactive Accounts: This Section explains what happens when an Account becomes inactive, including the deduction of a monthly inactivity administration fee. Please read Section 9 carefully.
Maximum winnings limits apply to our Services: This means that, regardless of the amount you stake and no matter how much you appear to have 'won', you will only be entitled to receive up to the maximum winnings limit. Please read Section 13 carefully.
Withdrawing your funds: You will usually be able to withdraw your available cleared balance at any time, but there are certain circumstances in which we will be entitled to delay or withhold withdrawals. Please read Section 14 carefully.
Errors, Malfunctions, and Interruptions: If any part of the Services suffers an Error, Malfunction, or Interruption (as each of those terms are defined in Section 17 below) we have certain rights including the right to void affected Transactions and not to pay you out. This includes circumstances where the problem is not obvious to you or us and is only discovered by us when we check or verify the result of a Transaction and/or gameplay retrospectively. Please read Section 17 carefully.
Responsible gambling: We encourage you to use the Services in a responsible manner and we provide a number of self-help tools to help you manage this. You can also register with national schemes such as GAMSTOP. These tools and schemes and are intended to be an aid to help you manage your gambling, but it is your responsibility not to try to circumvent these tools once they're in place, and we may close your Account if we discover that you have done so. Please read Section 18 carefully.
In certain circumstances, our liability to you is limited or excluded: When you access and use the Services, it is important that you understand what we are liable for, when limits to our liability will apply (and what those limits are), and what we are not liable for. It is also important that you understand that we will not be liable to you under this Agreement, and nor do we owe you a duty of care, in respect of our compliance or otherwise with any regulatory obligations that we may be under from time to time, including those relating to 'safer gambling', 'social responsibility' or similar. Please read Section 21 carefully.
We will not tolerate fraudulent activity, cheating or any other "Prohibited Activities" (defined in Section 22 below). If you do any of these things, we will have certain rights, including the right to suspend and, ultimately, close your Account, to cancel/void relevant Transactions and/or to withhold funds (including winnings). You may also be required to compensate us if we suffer losses because you have engaged in a Prohibited Activity. Please read Sections 22 and 23 carefully.
We may sometimes take actions in relation to your Account for regulatory reasons including where required to do so by the terms of our licence and/or a regulatory authority. These actions include running certain Verification Checks, preventing you from taking up Bonuses and/or completing Bonuses, and/or restricting/suspending/closing your Account. Please read Sections 6, 16.3, and 23.4 carefully.
1. These General T&Cs and Other Important Terms That Apply to You
1.1. These General Terms and Conditions (the "General T&Cs") together with the additional terms and rules which comprise the Agreement (see Section 1.2 below), apply to you when you register for an Account ("Account" is defined in Section 5.1 below) and/or use or access any of the betting, gaming and/or gambling products or services offered by any brand ("Brand") operated by Small Screen Casinos Ltd from time to time (together the "Services") including those offered via www.ThePhoneCasino.com and any associated mobile apps (together the "Website"). The list of Brands we operate will be shown here.
1.2. Not all of the legal terms and conditions that apply between you and us are set out in these General T&Cs - some of them are contained in separate documents in order to avoid these General T&Cs becoming too long. We cross-refer to these other documents and provide you with links to them at all appropriate points. They are still important terms which form part of the legal agreement between you and us, and you should read and understand them just like the rest of these General T&Cs. These cross-referenced terms which (together with these General T&Cs) form the binding agreement between you and us (the/this "Agreement") include the following:
our Sports Book Rules (accessible here);
the specific game rules for each of the Services, which you can find by clicking on the "i" icon on the relevant page/s of the Website before you access the Service in question, as well as our General Game Rules (accessible here); and
our general bonus/promotional terms (accessible here) together with the specific terms/rules for any bonuses, promotions, free bets, and other offers that we may offer from time to time (together "Bonuses") (together "Bonus Terms").
1.3. If there is any conflict between these General T&Cs and any other terms or rules which comprise the Agreement, these General T&Cs will take to that extent precedence.
2. Who We Are
2.1. The Website is owned, licensed and operated by Small Screen Casinos Limited ("SSC", "the Company", "we", "us" or "our"). SSC's registration number is 1623, with its registered address at Inchalla, Le Val, Alderney, GY9 3UL, Channel Islands.
2.2. SSC operates under Category 1 and Category 2 licences issued to it by the Alderney Gambling Control Commission ("AGCC") on 28 January 2009.
2.3. SSC is also licensed and regulated by the Gambling Commission of Great Britain ("GCGB") under operating licence number 000-039397-R-319363-002.
2.4. As we made clear in the "Important Information" section at the beginning of these General T&Cs: notwithstanding our regulated status, we will not be liable to you under this Agreement, and nor do we owe you a duty of care, in respect of our compliance or otherwise with any regulatory obligations that we may be under from time to time, including those relating to 'safer gambling', 'social responsibility' or similar.
3. Why This Agreement is Important
3.1. As explained above, this Agreement forms a legally binding agreement between you and us, and applies to and governs your use of your Account and the Services.
3.2. This Agreement comes into force when you click on the "Register" button / icon during the Account opening process (see Section 5 below for more information about Account registration). By registering for an Account and clicking on “Register” you are indicating that you have read the Agreement, and understand and accept its terms, and agree to abide by them at all times whilst using the Services and your Account.
3.3. You must take time to ensure you understand and agree to all the terms and conditions of the Agreement before you register for an Account or use the Services. If you don’t understand the Agreement or do not agree with any part of it, you must not register for an Account or use any aspect of the Services.
4. Changes to the Agreement / the Services
Changes to the Agreement
4.1. We may change the terms of the Agreement from time to time for a number of reasons, for example to reflect changes to the Services, changes in law or regulation, for security purposes, and/or to reflect changes in our business practices or operations.
4.2. Minor/non-material changes will not necessarily be notified to you and will be effective immediately upon posting the updated Agreement to the relevant page/s of the Website so you should check regularly for any such changes.
4.3. If we make material/substantial changes to Agreement, we will notify you of this when you next login to your Account. You must review and agree to these changes before continuing to access your Account.
4.4. If you do not agree to any change/s to the Agreement, you should stop using the Services. You may close your Account at any time (see Section 15 below).
Changes to the Services
4.5. Any reference to Services in this Agreement includes any betting/gaming products offered from time to time via the Website. We may add or remove Services from the Website at our discretion.
5. Registering for an Account and Account Eligibility
5.1. In order to participate in any Services, you must first register for an account ("Account"). A request to register an Account is made by completing the registration pages on the Website.
5.2. We may refuse to open an Account for any reason, and no reason need be supplied to you in these circumstances.
5.3. To register for an Account, you must have a mobile phone which is capable of receiving free texts – this is because we need to send texts as part of our Verification Checks (see Section 6 below).
5.4. You must enter all mandatory information requested in the registration pages. The information required will vary depending on jurisdiction. See Section 6 below for more information about our Account verification procedures.
5.5. You may open only one Account per Brand. If we identify any customer with more than one Account per Brand, we will take the actions set out in Section 7 below.
5.6. You may only register for an Account if you are resident in the United Kingdom or Ireland.
5.7. To open an Account, you must be at least 18 years of age (or such higher minimum legal age as stipulated in the laws of jurisdiction applicable to you).
5.8. By registering for an Account, you promise to us that:
you are at least 18 years old (or such other minimum legal age as stipulated in the laws of jurisdiction applicable to you);
you are allowed to participate in the Services and you have not been excluded from gambling – whether voluntarily or otherwise;
you have not self-excluded from the Website including by registering with GAMSTOP or any other self-exclusion service (see Section 18 below for more information about GAMSTOP and our responsible gambling tools);
you have not previously held an Account which has been closed by us or any member of our corporate group;
you understand and agree that it is solely your responsibility to ensure that you do not breach applicable laws by registering for an Account and/or participating in the Services.
you will use the Services and your Account solely in your own personal, non-professional capacity and for recreational and entertainment purposes only;
you will use the Services in a responsible manner and play within your means;
you are registering on your behalf and you will participate in the Services on your own behalf and not on behalf of any other person or entity;
you are not resident in any jurisdiction outside of the Permitted Jurisdictions or any other jurisdiction where your participation would be in conflict with any applicable laws (together "Prohibited Jurisdictions"), and you do not appear on any of the following lists;
- Her Majesty’s (HM) Treasury List;
- Office of Foreign Assets Control (OFAC) Sanctions;
- Bureau of Industry and Security;
- Department of State;
- EU Terrorism List;
- FBI Top Ten Most Wanted;
- Interpol Most Wanted;
- ICE List (U.S. Immigrations and Customs Enforcement);
- CBI List (The Central Bureau of Investigation);
- SDN & Blocked Entities;
- SECO List;
- Treasury PML List;
- UN Consolidated List;
- OCC Shell Bank List;
World Bank Debarred Parties List;
If you appear on any of these lists, you may not register for an Account (or, if you appear on these lists following Account registration, you must immediately terminate your relationship with us). The onus is on you to let us know immediately;
all information that you provide to us during Account registration and (if applicable) afterwards is true, complete, and not misleading, and you will immediately notify us of any changes of such information. You accept that incorrect, incomplete, or out of date information may hold up the processing of withdrawals;
you are solely responsible for reporting and accounting for any taxes that may become due by you under the relevant local laws as a result of your participation in Services including in relation to any winnings that you receive from your use of the Services;
the money that you deposit into your Account does not originate from any criminal or other illegal activity or source;
you understand and accept that by participating in the Services you take the risk of losing money, and that participation in the Services is for entertainment purposes only and should not be seen as a source of income;
you are not and will not be involved in any fraudulent, collusive, fixing or other unlawful activity in relation to your or third parties’ participation in any of the Services;
in connection with your Account, you will only use funds and payment methods that are valid and lawfully belong to you; and
you will be courteous to other users of the Services and our representatives, and will avoid making rude or obscene comments in chat sessions where applicable.
5.9. Where wireless / data charges apply to your use of the Services via your device, these will be subject to separate terms and agreement between you and the relevant company that supplies your connectivity. We have no knowledge of, control over, or responsibly for these terms or charges.
5.10. You are responsible for the device that you use to access your Account and the Services, and for ensuring that your device has an appropriate Internet / data connection to facilitate continuous and uninterrupted access to the Services.
6. Account Verification
6.1. We are required to carry out certain verification checks to comply with our legal and regulatory obligations – for example to verify your age, identity, address, location, financial circumstances, and the source of the funds you deposit and use – and we may also undertake other credit, fraud prevention and other verification checks (together "Verification Checks"). You may be required to provide us with information and/or supporting documents to enable us to carry out these Verification Checks, for example (but without limitation) a copy of your passport, driving licence, birth certificate and/or proof of address. You may be required to participate in Verification Checks via video so that we can check the validity of your photo ID documents.
6.2. By registering for an Account, you acknowledge and agree that we may conduct any Verification Checks that we require, both at the registration stage and/or at any point afterwards such as (for example only) the deposit and/or withdrawal stage. You agree to promptly provide us with any information we may reasonably need in relation to such Verification Checks.
6.3. For UK Accounts, we require details of your age, your identity, your address and contact details including a valid email address, mobile phone number, the place from where you intend to access the Website (if other than your place of residence) and relevant payment information (in the case of deposits made).
6.4. Until we have received all requested information/documents and completed our Verification Checks to our reasonable satisfaction, we will be entitled to restrict or place limits on Your Account in any manner that we reasonably deem appropriate, including by preventing you from accessing the Services, entering into any bets, wagers, stakes, etc. ("Transactions"), or from making withdrawals from your Account. If our Verification Checks cannot be completed to our reasonable satisfaction, your Account will be suspended and, ultimately, may be permanently closed. In this event, we may also be required by applicable regulation and/or a relevant authority to withhold funds in your Account.
6.5. Underage gambling is a criminal offence in the UK. If we discover (after you've opened an Account) that you are underage:
your Account will be closed;
any deposits you have made will be returned to you;
all Transactions made via your Account will be void; and
we may make a report to the relevant regulatory or law enforcement authorities.
6.6. We may supply the information that you have given us to authorised credit reference agencies, who may check the details we provide against any databases (public or private) to which they have access and may keep a record of that check. We may also share information with fraud prevention agencies and/or other authorised third parties for use in identification checks and for fraud detection and prevention purposes. We may also share your information with our regulators.
7. Duplicate Accounts
7.1. Only one Account is permitted per customer per Brand. If we discover or have reason to believe that you have opened or attempted to open more than additional Account/s per Brand, each such additional Account will be classified as a "Duplicate Account". We are entitled, in respect of each Duplicate Account:
to close such Duplicate Account/s leaving you with only the original Account (unless we have reason – for example if you have deliberately or fraudulently opened more than one active Account – to close all your Accounts);
to treat all Bonuses using the Duplicate Account, and all winnings accrued from such Bonuses, as void; and
to void all unsettled and/or future Transactions on the Duplicate Account (and all winnings accrued from such Transactions).
You may also be reported to the relevant authorities.
7.2. If you notice that you have one or more Duplicate Account/s, you must notify us immediately by contact our Customer Services department via the Help and Support page here.
8. Account Security
8.1. Following completion of the Account registration process, you will have unique Account identifiers comprised of your mobile number, a PIN, and/or a password (your "Account Identifiers") which will be used to gain secure login to your Account. It is your sole responsibility to ensure that your Account Identifiers are kept securely.
8.2. We are not responsible for any misuse of your Account due to your disclosure, whether intentional or accidental, of your Account Identifiers to any third party.
8.3. You may not disclose your Account Identifiers to anyone. You will never be asked for your full password by any person employed by or connected to us. You are responsible for all activity that takes place on/via your Account using your correct Account Identifiers. All activity (including all Transactions) which take/s place on/via your Account where your Account Identifiers have been entered correctly will be regarded as having been made by you (except where our failure to exercise reasonable care has resulted in a third party obtaining your Account Identifiers) and you will be responsible for such activity/Transactions, including for any losses incurred.
8.4. You should change your password regularly. You can do this within your "Account Information" page or by contacting our Customer Services department via the Help and Support page here. If you forget your password, you may request that it is reset by Customer Services. We may ask you for the answer to your security questions for your protection and our security procedures.
8.5. You are not allowed to transfer funds from your Account to another customer or to receive money from another customer into your Account, or to sell, transfer and/or acquire accounts to/from other customers. You are not allowed to use another customer’s Account. Shared/rented Accounts are expressly prohibited.
9. Account Security
9.1. If you have not logged into your Account for 12 consecutive months, it will be deemed to be "Inactive".
9.2. If you have a positive balance in your Account, we will attempt to contact you (using the contact details you have provided to us) at least 30 days before your Account is classified as Inactive. You may reactivate your Account at any time by logging into that Account.
9.3. Before classifying an Account as Inactive, we will attempt to return any outstanding real money balance to you (except where this Agreement entitles us to withhold payment).
9.4. Once your Account has been classified as Inactive, we will deduct an administration fee of £5 (or currency equivalent) each month. This fee will continue to be deducted each month until either (a) you contact us and provide updated payment details for your remaining balance to be refunded, (b) you login and reactive your Account, or (c) your Account balance reaches zero.
10. Deposits and How Your Money is Protected
10.1. You may participate in a Services only if you have sufficient funds on your Account for such participation. Where applicable, deposited money is used before bonus money when wagering / playing.
10.2. We may appoint payment solution providers to act on our behalf to receive funds and to screen all deposits and withdrawals to comply with our regulatory obligations.
10.3. All information required to deposit funds into your Account can be found under the “My Account” and “Cashier” pages of the Website – this includes details of any deposit fees we may charge for the applicable deposit methods. You can use any of the methods specified on these pages (as amended from time to time). Please note that some of the methods may not be available in some jurisdictions.
10.4. We do not accept Cash deposits and you may not deposit into your Account using a credit card (this includes a money service, such as a digital or e-wallet, where the original source of the funds is a credit card).
10.5. Depending on the method selected for deposits, your bank or other payment service provider may independently charge you for the transaction. You should check what these charges are.
10.6. You must only deposit money through a payment method which is in your name, and you may not deposit money from a business account or source.
10.7. We accept payments made in various currencies. These are detailed in the Cashier pages of the Website after login. Please note that any potential exchange premiums or charges are payable by you where SSC offers additional currency cash outs.
10.8. When using a deposit mechanism, your funds only clear when we have received an irrevocable approval, confirmation and/ or authorisation code from the relevant bank or other financial body. If we do not receive such approval your Account will not be credited with those funds.
10.9. For customers in certain countries, we offer a facility to top up your Account by applying a charge to your mobile bill or deducting money from your pre-pay mobile account. We may withdraw or limit this facility at any time and without notice at our discretion. With this method, it is common for your mobile network to restrict the amount you can deposit on a daily or other basis. You must check with your mobile network provider as to what your limits under this mechanism are.
10.10. SSC is not a financial institution. We do not offer credit and balances in your Account will not bear interest.
Protection of your funds
10.11. We are required by our licence to inform you about what happens to funds which we hold on account for you, and the extent to which funds are protected in the event of insolvency.
10.12. We receive customer funds into a separate ‘Client Account’. In addition, we operate an insurance policy that covers the amounts due to players. These funds are payable to players. This means that steps have been taken to protect customer funds but that there is no absolute guarantee that all funds will be repaid.
10.13. This meets the UKGC requirements for the segregation of customer funds at the level: not protected.
10.14. Amounts held by us in respect of jackpots for our exclusive own-brand games (seeded, main and reserve amounts) are deemed to be SSC’s funds unless and until won by a customer. In the event of insolvency, these funds remain the property of SSC. For jackpot games operated by third party suppliers, the funds for those jackpots are held by the respective supplier and those funds do not form part of our funds.
11. Account and Transaction Administration (Including Transaction Acceptance)
11.1. Casino wagers relate to computer generated random events. Our Random Number Generator has been audited an independent third-party testing house and accredited by the AGCC to ensure fairness and that the results cannot be tampered with. The Random Number Generators for suppliers of certain third-party games must also pass stringent checks. For suppliers in the UK, the GCGB provides certification / accreditation that the games are up to standard before we allow you to access them. We only use accredited and approved suppliers.
11.2. We calculate the amount of money you have staked or offered to stake on a Transaction, which represents your exposure at any time and calculates your "Available Balance”, as well as settling bets made by you through your participation in the Services. The amount of money in your Account which has not yet been used for a Transaction is your "Available Balance” and will determine your betting limits.
11.3. Our calculations of your Available Balance and amounts owed by you under the terms of this Agreement will be final and, in the absence of any manifest error, will not be subject to any enquiry or investigation.
11.4. We will in general set off any losses against any gains. A Transaction is placed only when it has been received from your device and confirmed by our servers and/or a third-party supplier servers where Services are licensed from such third parties (the "Servers").
11.5. Once a Transaction has been placed it is final and binding cannot be cancelled or changed. It is important that you ensure that all details of your Transactions are correct. Once we have accepted a Transaction, you cannot change or cancel it. We may refuse to accept the whole or part of a Transaction for any reason.
11.6. For the avoidance of doubt, a Transaction remains valid even if the correct result (as determined by the Servers) is displayed erroneously or cannot for any reason be displayed back to your device (due, for example, to a network failure, interruption of communication, or if you receive an incoming call and the software stops).
11.7. You will be automatically notified whether your Transaction has won or lost. The Software will display on the screen of your Device an animated or Live Stream sequence of images to reveal the outcome of the Transaction. You may be offered the opportunity by the Software to interrupt or proceed with all or some of the animated sequence by means of the keypad or touch screen interface on your device. Results are also shown in the History section of the menu.
11.8. If you win, your winnings will generally be credited to your Account immediately. If for any reason you do not receive notification of the outcome of the Transaction, this will not affect the validity of the Transaction and winnings will be credited to your account accordingly. However, please read Section 17 carefully as this sets out what happens when Errors, Malfunctions or Interruptions occur, including when this results the relevant Transaction (and resulting winnings) being voided.
12. Incomplete Transactions
12.1. Transactions placed but remaining undecided (also known as “mid-state” or incomplete games) will become void after 90 days and will credited back to your Account.
12.2. Any deposit made by you into your Account will be held for your use until you place a Transaction, or accept a Transaction on the Website. We will then hold such amount awaiting the outcome of the Transaction.
12.3. When you have placed or accepted a Transaction on Website, we will hold the amount staked awaiting the outcome of the event and declare a winner. At this point the bet is binding and cannot be cancelled.
13. Winnings, including Maximum Winnings Limits:
13.1. When the outcome of an accepted Transaction is decided or we have confirmed the result of the relevant event, winnings will be available for use in your Account, except where this Agreement entitles us to withhold or void winnings. In most cases the placement of a Transaction and the corresponding result determination happens instantaneously, and your balance is updated at the same time.
13.2. We may need to carry out additional Verification Checks for any value pay-out, as we reasonably deem necessary.
13.3. As we made clear in the "Important Information" section at the beginning of these General T&Cs, maximum winnings limits apply to some of the Services and these limits apply regardless of the amount you have bet or staked on those Services. Maximum winnings limits means there is a limit on what you can win in respect of a particular Transaction, for example a particular sporting event, bet, combination bet or game. This means that regardless of the amount you bet/stake and no matter how much you appear to have ‘won’, you will only be entitled to receive up to the applicable maximum winnings limit. Maximum winnings limits vary depending on the Service in question. Please refer carefully to the applicable rules and check whether any maximum winnings limits apply and, if so, what those limits are.
14. Withdrawals from Your Account
14.1. You may withdraw any amount up to the “Withdrawable” balance as shown in “Cashier” section of your Account at any time, provided that:
all payments made into your Account have been confirmed as cleared and have not been charged-back, reversed or otherwise cancelled;
we have completed our Verification Checks to our reasonable satisfaction (see Section 6 above). Where we have requested information from you to carry out these Verification Checks, any delay in providing this information may cause delay when withdrawing funds;
we are not required to withhold payments of your deposit and/or winnings by applicable law or regulation and/or have not been instructed to do so by a regulator; and
there is currently no ongoing, or completed (save where completed and decided in your favour), investigation:
(a) into an Error, Interruption or Malfunction (as those terms are defined in Section 17 below) involving any aspect of the Services which you have used; or
and in the case of (a) and (b) above, you acknowledge and understand that, as we made clear in the "Important Information" section at the beginning of these General T&Cs, we are ultimately entitled to void any affected transactions, withhold funds (including any winnings) and (in the case of illegal or Prohibited Activities) suspend and, ultimately, close your Account.
14.2. To withdraw all your funds, you must first complete/cancel any mid- state bets or other actions that you have made that remain outstanding.
14.3. You must be logged into your Account and select the "Withdraw" option in the Cashier menu to request a withdrawal or you may do so by contacting our Customer Services department via the Help and Support page here. In order to withdraw back to card, a successful deposit with the card in question is necessary. We may add or remove any withdrawal mechanisms from time to time.
14.4. Information about withdrawal timescales: Unless otherwise shown in the cashier, you will be informed of the timescales for processing a withdrawal. The timescales differ depending on the withdrawal route / mechanism, for example, bank transfers are a manual process and take longer than Visa Direct Customer.
14.5. Upon withdrawing funds, your own bank or other payment provider may add a further delays or impose a handling charge. We are not responsible for these delays or charges.
14.6. Withdrawals are subject to a minimum withdrawal amount of £/€20 (unless you are withdrawing your entire Account deposit balance) and a nominal withdrawal processing fee of £/€1 per withdrawal.
14.7. You may not request a withdrawal of winnings from your Account where your Transactions have been placed with money not confirmed as receivable by a payment provider (e.g., “chargebacks”).
15. Closing Your Own Account
15.1. If you would like to close your Account, you must get in touch via the Help and Support page here. The withdrawable balance remaining in your Account will be made available for payment except where this Agreement entitles us to delay or withhold payment.
15.2. The method of repayment will be via card payment or bank transfer, at our reasonable discretion.
16.1. We may offer Bonuses from time to time via the Website.
16.2. All Bonuses are subject to the terms of this Agreement, which, as explained in Section 1.2 above, includes the Bonus Terms.
16.3. We may prevent the take-up of new Bonuses and/or the completion of Bonuses for regulatory reasons including those relating to safer gambling.
17. Malfunctions, Errors and Interruptions
17.1. We try to provide you with a high-quality platform, but cannot guarantee that the Services will at all times perform correctly. Various kinds of mistakes and errors can occur – technical, human and otherwise – and you understand and agree that we can only provide the Services to you, and you must accept them, in the condition that we make them available from time to time.
17.2. In this Section we set out a description of the things that can go wrong and the rights that we have in such events.
17.3. Below are some key definitions to help you understand this Section:
A "Malfunction" refers to where an automated process fails to operate as designed or intended, for example where a piece of computer software produces a deviation from its intended performance specifications or parameters, or where two pieces of software fail to interface or communicate with each other in the manner intended or designed, in either case so as to produce a result which is not the result that was intended or designed. These malfunctions may or may not be apparent to us or to you and they may only come to light as and when settlement instructions, game outcomes, winnings or cashouts are investigated and analysed retrospectively
An "Error" refers to a mistake or error that is not exclusively technical, for example the mistaken posting of incorrect odds, the offer of incorrect prices or terms for participation in a Bonus or gambling opportunity. Errors can arise from human mistakes, administrative, operational or systems failures and combinations of all of these. For example, a bet might be offered mistakenly at a price that is substantially out of the market or a Bonus designed to offer a £5 return might mistakenly advertise a £50 return or the pay-tables advertised for a product may mistakenly fail to reflect the true payment configuration of the product.
An "Interruption" refers to an interruption in a Transaction for any reason, for example an interruption caused by the failure of the internet or connectivity, or severe latency in communications, or technical failure due to some disaster or unforeseen event.
17.4. Where any of the above occur, we will deal with them as described below and it is important that you understand and agree to the following before you use the Services, as we made clear in the ‘Important Information’ at the top of these General T&Cs:
17.5. If as a result of a Malfunction, your Account is credited with winnings that you would not have received were it not for that Malfunction, we will have the right to void the relevant Transaction and withhold the relevant winnings. This applies even if the relevant gambling product could have produced the same or similar amount of winnings without the intervention of the Malfunction and it applies whether the Malfunction was apparent to you or to us or not. If you have withdrawn any such winnings, you agree that you will pay them back to us as and when we ask you to.
17.6. Where any Malfunction is or becomes apparent or obvious to you or you suspect that a Malfunction may be occurring, you agree that you will cease your use of the relevant Service(s) immediately, and will report it to our Customer Services team immediately (see the Help and Support page here).
17.7. In the event of an Error, the same applies as for Malfunctions, as set out above.
17.8. Where any Error is or becomes apparent or obvious to you or you suspect that an Error may be occurring, you agree that you will cease your use of the relevant Service(s) immediately, and will report it to our Customer Services team immediately (see the Help and Support page here).
17.9. Our priority is to ensure that we deal with Interruptions in a way that is fair and does not systematically disadvantage our customers.
17.10. In relation to betting: we reserve the right to suspend betting markets, void bets and return stakes to customers.
17.11. In relation to gaming:
where an Interruption occurs after we receive notification of your gamble and where you can have no further influence on the outcome of the event or gamble, the results of the gamble will stand;
where an Interruption to a single-participant single stage event occurs before an outcome has been generated we will return your stake to your Account;
for games where there are multiple stages or decision points we will take all reasonable steps to restore the game to its last known state prior to the Interruption to enable you to complete the game;
for games with multiple participants (equal chance or otherwise) we will deal with these as seems fairest to us (acting reasonably) on a case-by-case basis; and
for games that are progressive jackpots, progressive jackpot values will be restored to their pre-failure state to the extent it is within our control and not the games provider.
18. Responsible Gambling
18.1. We encourage you to use the Services in a responsible manner and to initiate contact with us if you have a gambling problem or wish to establish boundaries on your play, and we provide a number of self-help tools to help you manage this.
Account Limits that you may set
18.2. You may at any time request limits to your gambling using the ‘Know your Limits’ section in the Menu on our Responsible Gambling page in the logged in main menu here or by contacting our Customer Services by email at any time at email@example.com. You may set limits on total wagers, total deposits or total net losses. Once a limit has been set, it may not be decreased by you or us for twenty-four hours. If, in our reasonable judgement, we perceive that your gambling activity is indicative of problematic behaviour, we may suspend, limit, or close your Account. If we close your Account, any cleared real money balance held by you will be returned to you (except where this Agreement entitles us to withhold payment). All limits take effect immediately when they are set by you using your Account settings. If you require Customer Services to implement limits, such limits will come into effect as soon as it is practicable for the Customer Services team to implement them. See the Help and Support page.
Account limits / restrictions that we may set
18.3. We may limit or restrict your Account based on Account activity such as (for example) playing time and/or financial thresholds. The limits/restrictions we impose will vary depending on factors such as your age, your gambling patterns, and/or the interactions between you and us relating to responsible gambling matters or concerns. We are not required to inform you if your Account has been limited/restricted by us, but we will let you know if and when you hit such limits/restrictions.
18.4. You may also request that we exclude you from the Services by contacting our customer services by email at any time at firstname.lastname@example.org, by accessing our Responsible Gambling page in logged in main menu here, or by registering with GAMSTOP or another recognised national exclusion scheme (collectively referred to below as "GAMSTOP"). If you request to be excluded by any means, all withdrawable funds in your Account up to that point (and subject to normal checks) will be returned to you less funds deemed to be Bonus money. Attempted Account activity after that point is a breach of this Agreement. Your Account will be locked and your mobile device will be excluded from the Services permanently. You may not register again using a different device or amended personal details. In this case your registration will be deemed to be fraudulent. We will close any additional Accounts you create. There is no provision for reopening your Account once such a request has been made.
18.5. In addition, for GAMSTOP registered players, you will be prevented from accessing any accounts with online gambling operators registered with the GCGB that match the details you have provided as part of your registration. It is in your interest to provide GAMSTOP with accurate details consistent with those which you have used to set up accounts with online gambling operators. GAMSTOP may not be able to spot inaccuracies or other differences in account details, and we may not be able to prevent you accessing accounts you have created using, for example, email addresses that you have not provided to us as part of the registration process. GAMSTOP and ThePhoneCasino will operate on the basis of the information you have provided at registration and we will not be responsible for failure to spot errors made on your part.
18.6. You agree that you will provide truthful and accurate information when registering to use GAMSTOP, that you will provide your details in the same format as you have or may provide them to us.
18.7. You understand that self-exclusion using GAMSTOP, and all the responsible gambling tools that GAMSTOP and we SSC provides, are intended to be an aid to help you manage your use of online gambling websites including the Website. These tools are not intended to function as a replacement for willpower, are not foolproof, and we cannot guarantee that they will always result in your being denied access to gambling websites including the Website.
18.8. Your self-exclusion using GAMSTOP and ThePhoneCasino will be most effective if you do not try to work around the exclusion measures in place. You agree not to attempt to register new gambling accounts, log in to any of your existing accounts, or in any other way try to circumvent either GAMSTOP's or our mechanisms for the duration of your self-exclusion. You are entirely responsible for any actions you take designed to circumvent any self-exclusion. If we discover or have reason to believe that you have registered with GAMSTOP and/or are otherwise self-excluded and you have provided us with details which are not true and accurate (for example by using shortened, varied, or different names or an altered date of birth) in order to circumvent any such self-exclusion/s, we will close your Account/s.
Take a Break
18.9. You may request that we restrict you from accessing the Services for a period of time by contacting our Customer Services by email at any time at email@example.com or by visiting our Responsible Gambling page here. Further betting will not be permitted until such time that the bar has been lifted. If you request to be barred permanently, all remaining funds must be withdrawn, less funds deemed to be Bonus money.
18.10. You may also choose to impose a gaming limit (wager limit / loss limit / time per session limit) on a daily/weekly/monthly basis, on your Account. In order to set a limit, you must log in to your Account and set the limit under My Account / Limits or alternatively use the Help and Support page here. If you decide to increase the limit, this update will occur immediately; however, if you decide to reduce the limit, this update will take place after 24 hours have elapsed.
18.11. If you have self-excluded or set a time-out, then you must actively contact cs (see the Help and Support page here) and request that your Account be re-opened once the relevant period has elapsed, and only then can your Account be re-activated following a 24-hour cooling-off period. Once your Account is re-opened in accordance with the procedure described above, you will be responsible for any gambling that ensues as a result of your continued use of your Account.
18.12. Should you opt for self-exclusion in the manner set out above and you are located anywhere else excluding Great Britain, your Account may be opened at any time at your request provided that a seven (7) days cooling-off period shall apply before you may resume play. Once your Account is re-opened in accordance with the procedure described above, you will be responsible for any wagering that ensues as a result of your continued use of your Account.
18.13. We may prompt you from time to time to look at our responsible gambling pages or prompt you to respond to other communications or questionnaires for your own benefit. We may also need to apply Account restrictions in order to meet our regulatory and reporting obligations but more importantly so that you as a player are protected and able to play in a safe manner. Such imposed restrictions can only be lifted when we are satisfied that you are playing responsibly.
21.1. We will try to resolve a reported matter promptly and directly with you. We may suspend your Account while we attempt to resolve the issue, if we reasonably consider it necessary to do so.
21.2. If you have a query with regard to any Transaction or the Website, please contact us with details of the query – see our Help and Support page here. We will review any queried or disputed Transactions directly with you.
21.3. Disputes regarding any Transaction or any aspect of the Services must be received by us within six months of the Transaction being placed, although we ask that you notify us as soon as possible after the event in question occurring. You may dispute any Transaction by getting in touch with our Customer Services department via the Help and Support page here. We will use our reasonable efforts to resolve a reported matter promptly. SSC will not discuss your complaint with third parties who may to seek to act on your behalf.
21.4. If you are a customer from outside the UK and you are not satisfied with the outcome of our complaints procedure within eight weeks of us having received the complaint, and provided you have cooperated with our complaints process in a timely manner, you may submit your dispute to the AGCC. SSC has appointed the AGCC as the Arbitrator for Dispute Resolution for disputes outside the UK. You have the right of free access to the ADR (Alternate Dispute Resolution) function. AGCC may be contacted as follows firstname.lastname@example.org
21.5. You accept that the AGCC will not arbitrate on matters or that during the arbitration become, subject to court action, or on matters which in the AGGC’s opinion are more properly referred to the regulator as breaches of regulation.
21.6. AGCC will only arbitrate on a dispute where you:
Have previously raised the issue with SSC, documented in writing the substance of the dispute and further, where you have allowed SSC to make written responses and attempt to resolve the issue directly with you;
Promptly make available to the AGCC, on request, all records on the subject of the dispute and relevant activity and relevant correspondence;
Consent to the sharing by SSC of your personal data as already outlined.
21.7. You accept and agree that the resolution of a dispute agreed by you and arrived at with the assistance of the AGCC will be binding on both you and us.
21.8. You accept and agree that AGCC will incur no liability of any sort arising out of or in connection with its role as ADR. For more information, go to www.gamblingcontrol.org.
21.9. If you are located within the UK and you are not satisfied with the outcome of our complaints procedure within eight weeks of us having received the complaint, and provided you have cooperated with our complaints process in a timely manner, you may contact IBAS, Independent Betting Adjudication Services Limited (a dispute resolution service) at PO Box 62639, London EC3P 3AS, UK, e-mail: email@example.com, phone: 020 73 47 5883, web: www.ibas-uk.com.
21.10. IBAS will only arbitrate on a dispute in which you:
Promptly makes available to IBAS, on request, all records on the subject of the dispute and relevant activity and relevant correspondence;
Consent to the sharing by SSC of your personal data with IBAS for this purpose.
21.11. You accept and agree that the resolution of a dispute agreed by you and arrived at with the assistance of the IBAS will be binding on both you and us.
21.12. For complaints relating to Services that are outside the UK and the AGCC’s jurisdictions, our conclusions will be deemed to be final unless we have appointed ADR that can deal with the matter. If this is the case we will notify you of this.
21.13. If you are a resident in Europe you must be aware that the European Commission has established an online platform for alternative dispute resolutions that provides for an out-of-court method to solve any dispute related to and stemming from online sale and service contracts. As a consequence, if you are a European consumer, you can use such platform for resolving any dispute stemming from the online contract entered into with the Owner. The platform is available at the following link (http://ec.europa.eu/consumers/odr/).
21. Our Liability to You
21.1. Nothing in this Agreement is intended to, or will, exclude or limit our liability for:
our fraud or fraudulent misrepresentation;
death or personal injury resulting from our negligence; or
any other liability which we may not limit or exclude under applicable law including any breach by us of your statutory rights as a consumer.
21.2. Other than as provided in Section 21.1, we will not be responsible to you for any liability that could not have been reasonably expected by you and us at the time you registered for an Account, and nor will be liable to you or any third party for any loss, damage, expenses or costs which arise from, relate to and/or are caused by:
your use of, or inability to use, the Services and/or Website;
our refusal to accept the whole or part of a Transaction (see Section 11.5);
any Error, Interruption or Malfunction (see Section 17);
any use by you of the Services, Website, any Bonus, or your Account in breach of this Agreement (including any Prohibited Activity on your part);
our closure or suspension of your Account in accordance with this Agreement;
any third party services, equipment and devices that you use to access the Services;
incorrect entries made by you, including data input errors with respect to the Transactions which you make;
our stopping making the Services available to you; and/or
any event which is outside our reasonable control.
21.3. As we made clear in the “Important Information” section at the top of these General T&Cs, we will not be liable to you under this Agreement, and nor do we owe you a duty of care, in respect of our compliance or non-compliance with any regulatory obligations that we may be under from time to time.
21.4. Subject to Section 21.1 above, we do not promise that the Services will have uninterrupted availability or that they will be free of bugs, viruses or Errors, Interruptions or Malfunctions. Access to the Services may be suspended temporarily and without notice in the case of system failure, maintenance, repair or for reasons beyond our reasonable control.
22. Prohibited Activities
22.1. You may only use the Services and your Account for lawful gambling purposes in accordance with the terms of this Agreement. You must not engage in any activity which we define below as a “Prohibited Activity” and you acknowledge and understand that the consequences of you doing so will (depending on the specific circumstances) include the voiding of any relevant Transactions, the withholding of any attributable winnings, and the suspension and/or ultimate closure of your Account.
22.2. The following activities are each defined as a "Prohibited Activity":
any form of fraudulent or illegal activity, cheating, collusion, fixing, equal, zero or low margin bets or hedge betting, or other unlawful activity in relation to your or third parties’ participation in any of the Services;
any use of software-assisted methods or techniques or hardware devices in connection with for your participation in any of the Services;
taking unfair advantage of, exploiting or manipulating (or attempting to exploit or manipulate) any Bonuses and/or any other breach of the Bonus Terms;
if the name registered on your Account does not match the name on the payment method used to make deposits to your Account, or if you are attempting to deposit money from a business account or source;
if you appear in our reasonable judgement to be depositing or withdrawing money or otherwise using the Services without genuine play;
if you are depositing money into your Account which originates from criminal and/or other illegal activities;
if your use of the Services is found to be in breach of the terms of your mobile network operator agreement and/or if we are advised by your mobile network operator of non-payment, misuse, or if payment is withheld by your mobile network operator;
if you are resident or located in any Prohibited Jurisdictions, including if you are using a VPN to disguise your location;
if we have received a “charge back”, “denial”, “reversal” and/or "return" notification via a deposit mechanism used on your Account;
if you use the Services other than for your own personal and recreational use;
if you provide incorrect, incomplete, or misleading information while registering for an Account or afterwards (except where you provide any incorrect, incomplete, or misleading information in order to pass relevant age-verification checks, which situation will be dealt with as described in Section 6.5 above);
if you allow or enable someone else to use your Account;
if you have deliberately or fraudulently opened or are using one or more Duplicate Account/s;
if you knowingly introduce to the Services or Website any viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful, or you attempt to gain unauthorised access to the Services or Website, the servers on which the Services or Website are stored, or any server computer or database connected to the Services or Website;
if you are or become bankrupt;
where the Transaction is a bet placed on the outcome of an event or process or on the likelihood of anything occurring or not occurring, and you know the outcome of such race/competition/event/process;
if you behave abusively towards other users of the Services and/or our Customer Support team or other staff members/representatives; and
if you seriously breach the Agreement in some other way.
Registering an account whilst registered with Gamstop
23. Suspension/Closure of Your Account by Us:
23.1. We may suspend or close your Account at any time by giving you no less than 14 days’ notice to you. We are also entitled to close your Account without notice where:
we have reasonable grounds to suspect that you have engaged in any Prohibited Activity, in which case such suspension or closure may take effect without a period of notice following the process set out below in this Section 23;
if we stop providing the Services or if we stop making the Website available;
in accordance with Section 23.4 below (for legal or regulatory reasons).
23.2. If we have reasonable grounds to suspect that you have engaged in any Prohibited Activity, we will limit or suspend your Account without notification, and your Account will remain restricted/suspended while the matter is investigated. You agree to cooperate fully with any such investigation. Your funds cannot be accessed or withdrawn during periods of suspension, and any balance will remain in the Account. We will use reasonable efforts to undertake our investigation within a reasonable period, but you acknowledge that any delay on your part to respond to our information or other requests will affect our ability to do so.
23.3. If our investigation results in our decision (acting reasonably) that the issue has been resolved to our satisfaction, we will lift the Account suspension. If our investigation results in our decision (acting reasonably) that you have engaged in any Prohibited Activity, we will permanently close your Account. In these circumstances, your details may be passed on to any applicable regulatory authority or any other relevant external third parties.
23.4. We may also from time to time be required to restrict, suspend or close Accounts for legal or regulatory reasons, including where we are required to do so by a competent authority and/or the terms of our licence. Such actions, if applicable, may affect your use of your Account.
23.5. If we close your Account under this Agreement, any positive real money balance in your Account at the time of such closure by us will be paid back to you, except that:
if you have engaged in illegal activity, we are under no obligation to refund to you any money that may be in your Account; and
if we discover or determine (acting reasonably) that you have participated in any Prohibited Activity then we will withhold all or part of the Account balance and/or void or recover from your Account deposits, pay-outs, Bonuses, and/or any winnings (if/as applicable) in each case to the extent attributable to such Prohibited Activity/ies.
23.6. If we close your Account because you have engaged in any Prohibited Activity, (a) we will be entitled to inform any other companies within our corporate group, and (b) any other member(s) of our group will be entitled to close any account(s) you may hold with them. Likewise, if we are informed by any other company within our corporate group that your account with them has been closed because you have engaged in any prohibited activity with respect to that account, that prohibited activity will be deemed a Prohibited Activity for the purposes of this Agreement and we will be entitled to close your Account with us.
23.7. If you become aware of any illegal, suspicious, or Prohibited Activity relating to any of the Services or the Website, you must report this to us immediately by contacting our Customer Services team via the Help and Support page here.
23.8. You agree to compensate us for any costs, charges or losses sustained or incurred by us arising from any Prohibited Activity on your part.
24. Intellectual Property:
24.1. SSC is the sole owner of the trademark ThePhoneCasino and the ThePhoneCasino logo. Any unauthorised use of the ThePhoneCasino trademark and the ThePhoneCasino logo may result in a prosecution.
24.2. www.ThePhoneCasino.com is the uniform resource locator ("URL") of ThePhoneCasino and no unauthorised use may be made of this URL.
24.3. SSC is the owner or the licensee of the rights to the technology, software and business systems used within the Website (the "Software").
24.4. The contents and structure of the Website are subject to copyright, and database, and other intellectual property rights in the name of Small Screen Casinos Ltd. All rights reserved. The Website and all text, graphics, code, files and links are owned by or licensed to Small Screen Casinos Ltd and may not be reproduced, transmitted, or stored in whole or in part without our prior written consent. Your Account registration and use of our system does therefore not confer any rights whatsoever to the intellectual property contained in our system.
24.5. Links to the Website and any of the pages therein may not be included in any other website without our prior written consent.
24.6. With respect to the Software, you undertake and agree that:
you will only use the Software in accordance with our instructions, this Agreement, and all applicable laws, rules and regulations;
you will not make or permit others to make any copies of the Software;
you will not reverse engineer, disassemble or decompile the Software or attempt to reconstruct, identify or discover any source code;
you will not modify, adapt or translate the Software or incorporate the Software, in whole or in part, in any other product or software or permit others to do so;
you will not remove any copyright, trade mark, proprietary rights, disclaimer or warning notice included on or embedded in any part of the Software; and
you will not assign, sell, license, sub-license, rent, lease or otherwise redistribute the Software to any third party.
25. Third Party Suppliers
25.1. From time to time we may offer Services from third party suppliers via the Website.
25.2. Where customers play on Services and the Service supplier’s servers are located in countries that are outside the AGCC’s jurisdiction, we will notify you that you are leaving the AGCC’s jurisdiction and the region where the relevant Service/s are hosted and played. This information will also be displayed in the information pages of the relevant Service/s. Nevertheless, we will try to only offer Service/s to our customers on the basis that they from a reputable supplier and that the Service/s have been tested by a credible and approved testing house. This is to ensure that the Services offered via the Website are fair and proper. For any queries regarding these specific Services, please contact our Customer Services team in the first instance (via our Help and Support page here). We will try to resolve any issues you may have or that may have arisen with the relevant game supplier, on your behalf. See also the Complaints section above.
26. Other Important Legal Terms
26.1. This Agreement is governed by and will be interpreted in accordance with the laws of Alderney provided that such choice of law will not deprive you of any mandatory consumer protections of your home country (if different).
26.2. The courts of Alderney will have jurisdiction over any dispute or claim relating to this Agreement provided that such choice of venue will not deprive you of the right to bring proceedings in the courts of your home country (if different).
26.3. If any part of this Agreement is held to be invalid by law, the remaining parts of this Agreement shall remain in force unless the deletion of such invalid part results in a fundamental change to the rights or obligations of a party.
26.4. We may transfer our rights and/or obligations under this Agreement to another organisation at any time. Without limiting the preceding sentence, we may wish to transfer our rights or obligations under this Agreement to another company within our corporate group or any other legal entity, including if we restructure or there is a sale of our business. You agree that we may do so provided that in the case of such a transfer, after we notify you of the date on which such transfer takes place, your rights under this Agreement will be against the new legal entity.
26.5. This Agreement is personal to you. You will not have the right to assign or otherwise transfer this Agreement without our prior written consent.
26.6. If you breach this Agreement and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach this Agreement.
26.7. This Agreement may be published in a number of languages for information purposes and ease of reference. It is only the English version that forms the legal basis of the relationship between you and us and in case of any discrepancies between a non-English version and the English version, the English version will prevail.
26.8. All written correspondence should be addressed to Small Screen Casinos Ltd. Full address details can be found on the Help and Support page here. If we need to notify or contact you under this Agreement, we will do so by email to the email address registered to your Account or via notification on the Website and/or or other parts of the Services.