💫13. COLLUSION, CHEATING, FRAUD AND CRIMINAL ACTIVITY

13.1 The following practices (or any of them) about the Services:

• Abuse of bonuses or other promotions; and/or

• Using unfair external factors or influences (commonly known as cheating); and/or

• Taking unfair advantage (as defined below);

• Opening any Duplicate Accounts; and/or

• Undertaking fraudulent practice or criminal activity (as defined below), constitutes “Prohibited Practices” and is not permitted and will constitute a material breach of the Terms of Use. We will take all reasonable steps to prevent and detect such practices and to identify the relevant players concerned if they do occur. Subject to the above, however, we will not be liable for any loss or damage that You may incur as a result of any Prohibited Practices, and any action we take in respect of the same will be at our sole discretion.

13.2 If You suspect a person is engaged in any Prohibited Practice, You shall as soon as reasonably practicable report it to us by e-mailing us or telephoning Customer Services.

13.3 You agree that You shall not participate in or be connected with any form of Prohibited Practice in connection with Your access to or use of the Services.

13.4 If:

13.4.1 we have reasonable grounds to believe that You have participated in or have been connected with any form of Prohibited Practice (and the basis of our belief shall include the use by us (and by our gaming partners and our other suppliers) of any fraud, cheating and collusion detection practices which are used in the gambling and gaming industry at the relevant time); or

13.4.2 You have placed bets and/or played online games with any other online provider of gambling services and are suspected (as a result of such play) of any Prohibited Practice or otherwise improper activity; or

13.4.3 We become aware that You have “charged back” or denied any of the purchases or deposits that You made to Your Account; or

13.4.4 In our reasonable opinion your continued use of the Services may be detrimental to our regulated status, including our continued ability to be licensed by the Licensing Authority; or

13.4.5 If You become bankrupt or suffer analogous proceedings anywhere in the world, then, (including in connection with any suspension and/or termination of Your Account) we shall have the right, in respect of Your Account (and/or any other account held by You with an Operator Group company) to withhold the whole or part of the balance and/or recover from the account the amount of any deposits, pay-outs, bonuses or winnings which have been affected by or are in any way attributable to any of the event(s) contemplated in this paragraph 13.4. The rights set out in this paragraph 13.4 are without prejudice to any other rights (including any common law rights) that we may have against You, whether under the Terms of Use or otherwise.

13.5 For this paragraph 12:

13.5.1 “Fraudulent practice” means any fraudulent activity engaged in by You or by any person acting on Your behalf or in collusion with You, and shall include, without limitation: (a) fraudulent charge-backs and rake-back activity; (b) the use by You or any other person who was participating in the same game as You at any time, of a stolen, cloned or otherwise unauthorized credit or debit card, as a source of funds; (c) the collusion by You with others in order to gain an unfair advantage (including through bonus schemes or similar incentives offered by us); (d) any attempt to register false or misleading account information; and (e) any actual or attempted act by You which is reasonably deemed by us to be illegal in any applicable jurisdiction, made in bad faith, or intended to defraud us and/or circumvent any contractual or legal restrictions, regardless of whether such act or attempted act actually causes us any damage or harm;

13.5.2 “Criminal activity” shall include, without limitation, money laundering and any offense under any law or regulation in Your country, where you are playing from or where your IP has been registered; and

13.5.3 “Unfair advantage” shall include, without limitation:

13.5.3.1 The exploitation of a fault, loophole, or error in our or any third party’s software used by You in connection with the Services (including in respect of any game);

13.5.3.2 The use of third-party software or analysis systems; or

13.5.3.3 The exploitation by You, of an Error as defined below, in any case, either to Your advantage and/or to the disadvantage of us or others.

13.6 In exercising any of our rights under paragraph 12.4 in relation to a Prohibited Practice, we shall use all reasonable endeavors to ensure that, while complying with our regulatory and other legal obligations, we exercise such rights in a manner that is fair to You and to our other customers.

13.7 We reserve the right to inform relevant authorities, other online gaming or gambling operators, other online service providers and banks, credit card companies, electronic payment providers, or other financial institutions of Your identity and of any suspected Prohibited Practice by You, and You shall cooperate fully with us to investigate any such activity.