Telephone Terms and Conditions

Telephone Terms and Conditions

These Terms and Conditions were last updated on 1st August 2012

1. Parties

1.1 These Terms and Conditions are a binding legal agreement between you and The Football Pools Limited, a company registered in England and Wales (company number 00545018) with its registered office at Walton House, 55 Charnock Road, Liverpool, Merseyside L67 1AA. The Football Pools Limited is part of the Sportech PLC group of companies. For further contact details please see the end of these Terms and Conditions.

1.2 References in these Terms and Conditions to "us", "our" or "we" are references to The Football Pools Limited and references to "you" and "your" are to you as the person participating in a game provided by us which it is possible to enter by telephone ("Game").

1.3 The Football Pools Limited is licensed and regulated by the Gambling Commission (licence number: 000-001689-R-104110-003).

2. Agreeing to the Terms and Conditions

2.1 These Terms and Conditions apply to all Games. Each time that you contact us via our automated system or instruct one of our call centre operatives to enter your selections for a Game ("Entry") and you provide payment details for the required stake, you are accepting both these Terms and Conditions and the rules for such Game ("Game Rules").

2.2 A copy of these Terms and Conditions and each of the Game Rules are available at www.pools.co.uk("Website")or by contacting us as set out below.

2.3 Specific offers or promotions may have their own terms and conditions, and those terms will also be accepted by you when making an Entry. Please note that the additional terms and conditions shall prevail in the event of a conflict between such terms and these Terms and Conditions.

3. Our role

3.1 We do not provide all of the Games ourselves. Where a Game is operated by another entity, the name of the operator is set out in the Game Rules for such Game.

3.2 Your agreement under these Terms and Conditions is with us for all of the Games for which you make an Entry except in relation to event based wagering games such as 49’s and Lucky Clover (which are provided by another member of the Sportech PLC group) and Lotto where such game is provided by us as the Lottery Manager (UK Lottery Management Limited).

4. Changes to the Terms and Conditions

4.1 These Terms and Conditions govern any Entry made by you and supersede any and all prior agreements between you and us in respect of the same.

4.2 We may change these Terms and Conditions at any time. We will publish any changes on the Website at least seven (7) days' before the new terms come into force and any Entry made by you after that date will be on the new terms. If any change is unacceptable to you, you should not make an Entry.

4.3 It is your sole responsibility to review these Terms and Conditions (including the Game Rules).

5. Compliance with laws

5.1 Entry in certain Games may not be legal for some or all resident of, or persons present in, certain countries. We do not intend that Entry into the Games be made by persons in countries in which such activities are illegal. Entry into the Games do not constitute an offer, solicitation or invitation by us for participation in betting or other services in any jurisdiction in which such activities are prohibited by law. In particular, residents of the United States of America and its Territories, the Netherlands, Australia, Turkey, Germany, Norway, Portugal, Hong Kong, France, Israel Austria, Belgium, Japan, Serbia, Switzerland, UAE, Canada, Cyprus or China must not make any Entries into the Games.

5.2 You are responsible for reporting your winnings and losses if such reporting is required by your local law or tax authorities. It is your responsibility to pay any tax or levy due on any winnings paid to you by us, if applicable.

5.3 You must be at least 16 years old to play Classic Pools, Lotto and Zetters Pools and at least 18 years old to play 49s and Lucky Clover. When making an Entry for a Game, you will be asked to confirm that you are the required age for such Game. Underage gambling is a criminal offence.

5.4 By making an Entry, you authorise us to check with a third party the details you provide. This may include supplying the details that you have provided to authorised credit reference agencies. In particular, we may verify that, depending on the Game to which your Entry relates, you are 16 years old or 18 years old or over and that you are resident in the country in which you say you are a resident. To help us combat fraud efficiently, in certain circumstances we may ask you to provide physical copies of your personal identification documents in order to verify your registration details.

5.5 We reserve the right to withhold payment of any winnings until age verification has been successfully completed.

5.6 If age verification reveals that you are not the required age for the Game to which your Entry relates (as set out in paragraph 5.3 above), then your stake will be refunded to you and no winnings will be paid.

5.7 A record of our age verification search may be retained, and this information may be used in the future by other companies within the Sportech PLC group. Any such company shall be fully aware of its obligations to keep your details confidential as required by data protection law and will always act in accordance with these provisions. For further information about our collection and use of your personal information, please refer to our Privacy and Cookies Policy on the Website.

6. Limitations and exclusions

6.1 Nothing in these Terms and Conditions will:

6.1.1 exclude or limit our liability for fraud or fraudulent misrepresentation or for death or personal injury resulting from our negligence; or

6.1.2 restrict your statutory rights.

6.2 Except under paragraph 6.1 above and save in respect of any winnings lawfully due to you in accordance with these Terms and Conditions, our maximum liability to you under these Terms and Conditions in relation any one incident or series of related incidents is limited to the greater of: (a) any net losses incurred by you during the three (3) month period prior to any claim; or (b) two thousand pounds (£2,000).

6.3 Subject always to paragraph 6.1 above, we will not be responsible under these Terms and Conditions for any loss that could not have been reasonably expected by you and us at the time you make an Entry (for example, any loss of income, business or profits).

6.4 You agree to compensate us in respect of any damages suffered by us or any of our losses resulting from any claim made by a third party in each case in respect of any matter arising from your making of an Entry in breach of these Terms and Conditions or from your breach of any applicable law or regulation.

6.5 We are not responsible for any events beyond our reasonable control. Such events might include war, terrorist activity, riots, malicious damage, fire, flood, storm, nuclear accident or compliance with any new law or governmental order, rule, regulation or direction.

7. Recording telephone calls

We reserve the right to record for security or training purposes any Entry made by telephone and any such recording (including the copyright) will remain our property.

8. Contacting Us

If you have a complaint or any enquiries or otherwise need to contact us in any way, you can do so by email, telephone or post using the details set out in the "Contacting Us and Dispute Resolution" section below.

9. Governing Law and Jurisdiction

9.1 These Terms and Conditions are governed by and interpreted in accordance with the laws of England and Wales (or the laws of Scotland or Northern Ireland if you live there).

9.2 Disputes arising in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales (unless you choose the jurisdiction of your home in Scotland or Northern Ireland).

 

10. Responsible Gambling

Whilst you are, and shall remain, responsible for any losses you incur as a result of any Entry, we take our commitment to responsible gambling seriously. Further to this, if, in our reasonable opinion, you are at risk of developing a problem controlling your gambling, we reserve the right to refuse to accept any Entry from you. For self-exclusion procedures, please contact us by telephone or in writing at the contact details set out in these Terms and Conditions.

11. Making Entries

11.1 An Entry is made by you giving instructions to one of our call centre operatives, who will then input details of your Entry on our systems.

11.2 An Entry must be accompanied by the required stake, which can be provided using a credit or debit card or by direct debit mandate.

11.3 For the avoidance of doubt, we have no responsibility and accept no liability of any kind whatsoever for an Entry or stake associated with an Entry until your payment has been processed and our call centre operatives have confirmed that the Entry has been placed. We will acknowledge confirmation of the Entry in writing by post.

11.4 You acknowledge and agree that we shall not be under any obligation or have any responsibility to notify you of an Entry that is invalid or void under these Terms and Conditions.

11.5We reserve the right not to accept any Entry that requires extraordinary processing by us, regardless of whether such Entry is mathematically correct.

11.6 Your Entry will need to be made by the time set out in the applicable Game Rules.

12. Pools Direct

12.1 Our "Pools Direct" product allows you to make a series of Entries with us to cover a certain number of games for Classic Pools, Lucky Clover, 49’s, Lotto and Zetters.

12.2 Entries made on a Pools Direct basis will be included in each of the specified number of games unless you give us instructions to the contrary.

12.3 If you participate in a pools game on a Pools Direct basis, you acknowledge and agree that any amended Terms and Conditions and/or Game Rules will apply to all future Entries covered by your Pools Direct Entry (as previously accepted by us) following the notification of such amendment in accordance with these Terms and Conditions and/or the Game Rules. You shall be deemed to have accepted such amended Terms and Conditions and/or Game Rules unless you notify us (using the contact details set out below) that you do not accept them and therefore wish to cancel your Pools Direct Entry.

13. Payment of Winnings

13.1 Subject to these Terms and Conditions, any winnings in respect of an Entry will be paid by a cheque made out in the name of the person, and sent to the address provided, in such Entry.

13.2 Notwithstanding paragraph 13.1, if you win more than £50,000, you will not be automatically sent a cheque. We will contact you for instructions regarding the method of payment for Winnings.

13.3 Winnings will usually be paid without you needing to make a claim. If you believe that you have not received any winnings due to you then you should notify us as soon as possible and provide evidence for your claim. No claim for winnings may be made more than six months after the date on which the relevant event took place.

14. General

14.1 If we need to contact you, we will do so using the contact details provided when you made your Entry.

14.2 These Terms and Conditions are personal to you. You may not transfer your rights or obligations under these Terms and Conditions to anyone else.

14.3 If you breach these Terms and Conditions 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 these Terms and Conditions.

14.4 If any part of these Terms and Conditions is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.

14.5 These Terms and Conditions are not intended to give rights to anyone except you and us.

14.6 These Terms and Conditions are only available in the English language.

15. Contacting Us and Dispute Resolution

Any complaint that you have will be dealt with quickly and fairly as set out below.

Stage One

Contact our Customer Services Team on 0800 633 249 or by email on help@footballpools.com. You will need to provide your username, name, address, email address, contact telephone number, date of transaction and what your query relates to. The team will look into your query and examine the relevant transaction. The reference will be your email address if using that means of communication. The team will come back to you as soon as possible with a solution. If you are not satisfied with the answer given under this Stage One, having informed us that this is the case you should proceed as below.

Stage Two

You can contact the Independent Betting Adjudication Service (IBAS), whose contact details are given below, and once your complaint has been submitted it will ask us to provide appropriate information. The dispute will then be placed before an independent panel of betting experts who will recommend what they believe is a fair settlement. IBAS will only deal with complaints about the bet itself and will examine disputes concerning the correct return for a bet or whether it has been correctly struck. IBAS cannot deal with complaints about service, which is a matter for our Customer Service Team. IBAS requires that you have already had a complaint looked at by our Customer Services Team before it will adjudicate.

IBAS

PO Box 62639

London, EC3P 3AS

Tel: +44 (0)20 7347 5883

Fax: + 44 (0) 20 7347 5882

email: adjudication@ibas-uk.co.uk

website: www.ibas-uk.com

19/12/2014