TERMS & CONDITIONS
Please read these Terms and Conditions ("Terms") carefully.
www.tommyfrench.com is operated by Tommy French Bookmkers Ltd with premises at 64 William St Lurgan Co Armagh N. Ireland BT66 6JB. (“Tommy French”). These Terms apply to all use by you of Tommy French goods and services ("Products") and website or mobile interface at www.tommyfrench.com ("Website") and to any transaction in respect of any Products ("Bet")
- Effective Date of Terms and Changes
The Terms will come into effect on 20 May 2016. Tommy French may need to change the Terms from time to time for a number of reasons, including (without limitation) for commercial reasons, to comply with law or regulations, to comply with instructions, guidance or recommendations from a regulatory body, or for customer service reasons. The most up-to-date Terms can be accessed from the Terms and Conditions link in the footer section of the Website, and the date on which they will come into force is noted in this introductory paragraph. Where Tommy French wishes to make substantial changes to the Terms, Tommy French will give you as much prior notice of such changes as is reasonably practicable via one of the methods set out below. For minor or insubstantial changes, Tommy French may not give you any notice of such changes, so you are advised to review the Terms through the Terms and Conditions link on the Website on a regular basis. Where Tommy French make changes to the Terms which Tommy French wish to notify you of, Tommy French will do so by such method of notification as Tommy French may, in our discretion, deem appropriate, which may comprise: email (to the email address you have previously supplied Tommy French with, if any); a message to your account on the Website; or notice on the Website and Tommy French may, at our discretion, invite you to accept the new Terms by clicking on "yes" or "I accept", checking a 'tick box' or any other similar method of confirmation by you. If you provide Tommy French with any such confirmation, or continue to use the Website or Telebetting after notification under this paragraph, you shall, from such time, be deemed to have accepted, and be bound by, the new Terms, including (for the avoidance of doubt), whether or not you have read the revised Terms. If any change is unacceptable to you, you may either cease using the Services and/or close your Account.
1.1 You must be at least 18 years of age in order to open a Tommy French account. It is against the law for those under 18 to gamble. Tommy French reserves the right to ask for proof of age from any customer and to carry out checks to verify the information provided. Customer accounts may be suspended and funds withheld until satisfactory proof of age is provided. The legal gambling age varies according to country and we advise you to carry out local research. In order to avoid unlawful betting we may undertake a search with a third party for the purpose of verifying that you are 18 or over. Tommy French would, however, ask that, to prevent potential misuse, you keep your account number, user name and password confidential.
- Responsible Gambling
2.1 Tommy French takes Responsible Gambling seriously. There is a responsibility on Tommy French as a provider of gambling services to be aware of the social consequences of gambling. The vast majority of people do gamble responsibly, experiencing both the thrill of victory and the disappointment of a defeat. We want all of our customers to gamble responsibly and within their means and to enjoy the entertainment experience across all our products and channels. Therefore we will endeavour to put in place appropriate measures to protect customers and promote a responsible gambling culture. If we become aware of any customer gambling experiencing problem gambling then we will contact you and may close that customer's account. For more information on Responsible Gambling please see below and in your My Account area.
2.2 We make available a number of tools to assist with controlling your gambling. Please see further details below:
2.2.1 Self Assessment: It is important to track your gambling habits - that way you can address issues before they become a problem. If you have concerns about your gambling then the following questions may be a helpful guide.
- If you have spent all your funds on gambling, do you feel a need to find more money to continue gambling?
- Does gambling give you an escape from your normal day to day life?
- Do you gamble all of your money until it runs out?
- Do you borrow money from family and friends to gamble more?
- Do you give the impression you gamble much less than you actually do?
- Is gambling the only thing you think about, do you neglect your family and friends?
- Do you feel the need to chase your losses with more bets?
- When you lose your money do you feel depressed, lonely or stressed?
- If you get angry or fed up do you gamble to make you feel better?
- Do you increase your stakes to increase the feeling of excitement?
- Have you ever been told by family and friends they think you bet too much?
- Do you feel guilty about the amount that you gamble?
If the answer is 'yes' to multiple questions then you may have a gambling problem. Gambling should be fun, and if it's causing you problems we'd like to help.
To speak to someone about this you can call our contact centre, email us or talk to us via live chat. There are a number of support organisations available to help with independent and free advice, you can find further details below.
2.2.2 Deposit Limits: At any time you may apply deposit limits on your account on the website or via our customer service department. If you have implemented a limit on your account, and you have any concerns as to whether this has been done successfully, please contact our customer service team immediately, and our staff will confirm the status of the deposit limit.
2.2.3 Take A Break: We provide a straightforward facility to take a short-term break from gambling. By contacting our Customer Service Team via live chat, telephone or email, customers may request a break of 24 hours, 1 week, 1 month or any other reasonable period required, up to a maximum of 6 weeks. During this period the account will be fully blocked from all products, without the option to use or re-open the account in any channel. During this break any open bets will be honoured. Any balance would remain on the account although customers may opt to withdraw any funds at any time. Following the end of the break, the account will automatically become available again.
2.2.4 Self-Exclusion Tools: You can at any time choose to self exclude from our products and services on the website or via our customer service department. Customers can exclude themselves for 6 months, 1 year, 2 years or 5 years and may be extended upon request for further periods of at least 6 months. If you activate a self exclusion from www.tommyfrench.com, then we also recommend that you consider a self exclusion from other remote operators with which you hold an account. If you choose to self exclude from all products, then any funds in your account will be returned to you. During the period of self exclusion, you will not be able to log in to your account, make deposits or withdrawals and you will not be able to play. During a period of self exclusion you will not receive any marketing material from Tommy French. We will not notify you when the self-exclusion period ends and it will remain in place unless you contact us to request that the account is reactivated. If you did wish to reactivate your account at the end of a self exclusion period then you would need to contact our Customer Services department and, following, your request we would allow a 24 hour cooling off period before any reactivation of the account. We may also ask you to confirm in writing that you wish for the account to be reactivated. We will not reinstate the distribution of marketing material to you after the reinstatement of an account unless you specifically request that we do so.
- Opening and Maintaining your Account
3.1 Tommy French reserves the right to refuse to open any account or to close or suspend any account at any time in its absolute discretion. Where an account is closed or suspended, you should contact our Contact Centre for further information. Tommy French reserves the right to cancel any bets win or lose if Tommy French has reason to believe that you have acted in any way in breach of these Terms, the Rule Book and/ or any applicable specific rules.
3.2 You may open only one account. If Tommy French has reason to believe that a customer has more than one account Tommy French may treat those accounts as one single joint account. You agree that you will not open more than one account for any reason including to receive the benefit of any offer or promotion more than once.
3.3 All new accounts are subject to verification of the identity of the account holder. In instances where Tommy French is unable to verify the identity of an account holder, to Tommy French' satisfaction, Tommy French reserves the right to suspend the account and cancel all Bets.
3.4 All information supplied when registering with the Website must be accurate and complete in all respects. Please inform Tommy French of any changes in your personal details as soon as possible. You can update your own details via Tommy French' Website by selecting "update personal details" under "my account".
3.5 Only credit or debit cards belonging to the account holder and in the account holder's name may be registered on an account. Please inform Tommy French of any change in your payment card, to save any delays when you next would like to place a Bet. It is your responsibility to ensure that Tommy French has your correct payment card details.
3.6 You agree to keep your account security details (including username and password) private. You are solely responsible for all Bets placed on the Website using your security details. For Bets placed by telephone, you are responsible for all Bets placed where your account security details are correctly quoted. If you forget or lose your account security details or believe that they may have been compromised, you agree to contact our Contact Centre immediately so that new account security details can be issued.
3.7 You agree that you are solely responsible for ensuring that it is legal for you to use the Products in the jurisdiction in which you are located.
- Verification of Identity/AML
4.1 You warrant that:
4.1.1 the name and address you supply when opening your Account are correct; and
4.1.2 you are the rightful owner of the money which you at any time deposit in your Account.
4.2 By agreeing to the Terms you authorise Tommy French to undertake any such verification checks from time to time as Tommy French may require ourselves or may be required by third parties (including, but not limited to, regulatory bodies) to confirm these facts (the "Checks"). You agree that from time to time, upon our request, you may be required to provide additional details in respect of any of such information you have provided Tommy French, including in relation to any deposits which you have made into your Account.
4.3 Whilst Tommy French is undertaking any Checks from time to time, Tommy French may restrict you from withdrawing funds from your Account and/ or prevent access to all or certain parts of the Website. Please note that Tommy French may from time to time re-perform the Checks for regulatory, security or other business reasons. If any such restrictions cause you a problem, please contact Customer Services.
4.4 In certain circumstances Tommy French may have to contact you and ask you to provide further information to Tommy French directly in order to complete the Checks. For this purpose, Tommy French will be entitled, at our sole discretion, to require that you provide Tommy French with a notarised ID or any equivalent certified ID according to the applicable law of your jurisdiction or otherwise, proof of address, utility bills, bank details, bank statements and bank references. Until such information has been supplied to our satisfaction Tommy French may prevent any activity to be undertaken by you in relation to the Account or Tommy French may, where Tommy French reasonably believe that deliberately incorrect information has been provided by you, keep any amount deposited on the Account following the closure of the Account by Tommy French.
4.5 It may be an offence for persons under 18 to make use of the Website. If Tommy French is unable to confirm that you are 18 then Tommy French may suspend your Account until such time that Tommy French is able to confirm that you are 18. If you are subsequently proven to have been under 18 at the time you made any gambling or gaming transactions with Tommy French, then:
4.5.1 your Account will be closed;
4.5.2 all transactions made whilst you were underage will be made void, and all related funds deposited by you will be returned by the payment method used for the deposit of such funds, wherever practicable;
4.5.3 any deposits made whilst you were under 18 will be returned to you; and
4.5.4 any winnings which you have accrued during such time when you were under 18 will be forfeited by you (and may be deducted from the amount of any deposit returned under paragraph 5.5.3) and you will return to Tommy French on demand any such funds which have been withdrawn from your Account.
- Account Funds and Stakes
5.1 Contact Centre - For Bets placed via our Contact Centre there is a minimum stake per call of £10 (or currency equivalent), which should be made up of no more than five separate Bets.
5.2 Website and Mobile Application - There is no minimum stake for Website or Mobile Bets. For Website or Mobile Bets a minimum deposit to your account of £5 (or currency equivalent) is required.
5.3 Tommy French does not offer credit. All Bets must be supported by sufficient funds in your account. Tommy French reserves the right to void any Bet which may have inadvertently been placed when the account does not have sufficient funds to support the Bet.
5.4 All winnings from settled bets will be credited to the balance of your account. Should funds be credited to your account in error, it is your responsibility to inform Tommy French without delay. Tommy French reserves the right to void Bets placed using such funds and to recover such funds by account adjustment at any time.
5.5 Where possible, all withdrawals will be processed to a payment method from which deposits are made. Withdrawals will only be made in the name of the registered account holder. For most payment types, withdrawals can be processed by clicking "Withdraw Funds" on the Website. For further details on each specific payment type, please refer to Deposits and Withdrawals.
5.6 Tommy French may ask you to complete Tommy French' authorisation procedure before any payment is made to you. In such instances Tommy French will require the following and reserves the right to request any other relevant information:
- A photocopy of both sides of your credit card clearly showing your signature.
- A faxed copy of your passport or driving license.
5.7 If the value of a deposit is not played through in full before a withdrawal is requested, Tommy French reserves the right to make a charge to your account to cover all reasonable costs relating to both the deposit and withdrawal. If necessary the value of the withdrawal requested may be reduced accordingly.
6.1 An itemised statement of your account can be viewed via Tommy French' Website by selecting "statement" under "my account".
6.2 You may also request account statement by contacting customer services and this can be sent to you by email, post or fax.
- Contact Centre Bets
7.1 Tommy French' Contact Centre is open during our normal office opening hours. (Normally 9am to 21:15 Mon to Sat & 10:30am to 20:00 Sunday. In respect of all Contact Centre Bets you agree that you will:
- State your account details clearly and correctly.
- Give your Bet instructions clearly.
- Listen to Tommy French' telephonists who will repeat your instructions during the telephone call. It is your responsibility to ensure that the telephonist has interpreted your instructions correctly. You may request a complete "read back" of your Bets if you wish. If this is requested, the Bet will be accepted upon the details "read back" by the telephonist, irrespective of your instructions.
7.2 Disconnected Calls - On occasions a call may be disconnected. In these circumstances a Bet will not be placed if the disconnection occurred before Tommy French' telephonist confirmed that "your Bet is on" or completed a read back of the Bet. A Bet will not be placed if a call is disconnected while Tommy French' telephonist was obtaining authorisation from Tommy French' trading room. If a call is disconnected awaiting bank authorisation, then the Bet will be accepted if the bank authorisation was successful. If you recognise that a call is disconnected, Tommy French recommend that you should call back straight away to determine whether the Bet was placed or not.
- Acceptance of Bets
8.1 Tommy French reserves the right to decline all, or part, of any Bet requested but will endeavour to always give an explanation as to why.
8.2 Tommy French only accepts Bets made on the Website, via the Contact Centre or via Mobile Telephone. Bets are not accepted in any other form (post, email, fax, etc.) and where received will be void - win or lose.
8.3 It is your responsibility to ensure that details of Bets placed are correct. Once Bets have been placed and their acceptance confirmed they may not be cancelled or changed by you.
8.4 The "Estimated Returns" calculation in the betslip on the Website is for information only, and all Bets will be calculated using the stake at the odds accepted. For example, in multiple Bets with a void selection the "Estimated Returns" figure will change accordingly.
8.5 A Bet made on the Website is not valid until an on screen message confirms that "your Bets are on!" and you are simultaneously presented with an on screen Bet reference number. If you are unsure about the validity of a Bet please check via Tommy French' Website by selecting "statement" under "my account", or contact Tommy French.
8.6 Any Contact Centre Bet not recorded on Tommy French' system or any Website or Mobile Bet not written to Tommy French' database will not be recognised by Tommy French. For all Contact Centre Bets, the time at which the Bet was recorded on Tommy French' system will govern settlement. For Website or Mobile Bets the time that the Bet was written to Tommy French' database will govern settlement. Should a dispute arise, you and Tommy French agree that Tommy French' system, database and transaction log will be the ultimate authority in such matters.
8.7 Tommy French shall use reasonable endeavours to ensure that content on the Website and information given by the Contact Centre is accurate. However, should an error occur, Tommy French cannot accept responsibility and reserves the right to correct obvious errors. If any Bet is accepted in error (e.g. where details of the Bet are incorrectly quoted) Bets will stand at the correct price, terms or market conditions. These rules apply to both pre-event and in-running markets.
8.8 All Bets accepted will be settled on the official result, unless otherwise stated.
8.9 Tommy French cannot guarantee to pay or correct errors if they are brought to Tommy French' attention more than six months after the official result of the last selection to run on the Bet.
8.10 Where the official OFF of an event is not announced, Bets will be accepted up to the advertised OFF time. Any Bet taken after this may be deemed void, unless Tommy French is satisfied that the Bet was accepted before the actual OFF. However, for some sporting events, Tommy French may in its absolute discretion allow a grace period during which Bets will be accepted provided that there has been no significant development in the event. For example on football matches, Tommy French may accept Bets after kick off provided that no goal has been scored or there has not been some other significant incident, such as a sending off. On multiple Bets, any selection or selections that have been deemed to be void in line with the above, will be treated as Non Runners.
8.11 Tommy French reserves the right to suspend any market at any time without notice. When a market is suspended any Bets placed on that market will be cancelled. Tommy French also reserves the right to cease betting on any markets at any time without notice.
9.1 Tommy French publishes sportsbetting opportunities and games that are time-critical and the timing of customer responses to the system may affect your chances of winning. Please note that in respect of time-critical events, you might be at a disadvantage in the event of technical issues such as slower network speeds, or slower end user device performance. Tommy French uses all reasonable endeavours to optimise the speed and responsiveness of its system.
9.3 Tommy French recommend that you ensure you have a stable Internet connection before playing for real money in our casinos. If you have a problems with your connection please contact your ISP or hardware supplier.
9.4 If you use your mobile telephone to place Bets, please note that Tommy French will not be responsible for any damage to, or loss of, data from the mobile telephone that the software is installed on, and will also not be responsible for any call charges incurred whilst using the software.
9.5 Where you are accessing the Services via an electronic form of communication you should be aware that:
9.5.1 in relation to your use of the Website for the placing of bets or playing of games:
126.96.36.199 you may be using a connection or equipment which is slower than such equipment used by others and this may affect your performance in time critical events offered via the Website;
188.8.131.52 you may encounter system flaws, faults, errors or service interruption which will be dealt with in accordance with paragraph 12 (IT Failure);
184.108.40.206 the Game Rules for each event or game offered via the Website are available and should be considered by you prior to your use of the Services offered via the Website; and
220.127.116.11 in games offered via the Website which benefit from more players or greater liquidity Tommy French may deploy automated players ("Bots")(whose usernames will be "bot") who are pre-programmed to play and join in with the game in order to assist the liquidity or the number of players gaming, although Tommy French will not use Bots without making such usage clear to you. Tommy French can categorically confirm that Tommy French do not deploy Bots in our Poker software and will take active steps in conjunction with our software providers to prevent their usage by any users of the Services; and
18.104.22.168 in relation to your use of the Services, if you are betting on an "in running" event, you may not at any relevant time be able to see or otherwise be provided with the most up-to-date information in relation to the relevant event. Tommy French shall not be liable to you in respect of any losses suffered or costs incurred by you as a result of any delay in the transmission of information relating to any "in running" event.
- Collusion, Cheating, Fraud And Criminal Activity
10.1 The following practices (or any of them) in relation to 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 in paragraph 10.5.3);
- opening any Duplicate Accounts; and/or
- undertaking fraudulent practice or criminal activity (as defined in paragraph 10.5),
constitute "Prohibited Practices" and are not permitted and will constitute a material breach of the Terms. Tommy French 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, Tommy French will not be liable for any loss or damage which you may incur as a result of any Prohibited Practices, and any action Tommy French take in respect of the same will be at our sole discretion.
10.2 If you suspect a person is engaged in any Prohibited Practice, you shall as soon as reasonably practicable report it to Tommy French by e-mailing Tommy French or telephoning Customer Services.
10.3 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.
10.4 If Tommy French 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 Tommy French (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 if 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 if Tommy French become aware that you have "charged back" or denied any of the purchases or deposits that you made to your Account; or if in our reasonable opinion your continued use of the Services may be detrimental to our regulated status, including our continued ability to be licensed; or 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) Tommy French 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 10.4. The rights set out in this paragraph 10.4 are without prejudice to any other rights (including any common law rights) that Tommy French may have against you, whether under the Terms or otherwise.
10.5 For the purposes of this paragraph 10:
"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 unauthorised 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 Tommy French); (d) any attempt to register false or misleading account information; any (e) any actual or attempted act by you which is reasonably deemed by Tommy French to be illegal in any applicable jurisdiction, made in bad faith, or intended to defraud Tommy French and/or circumvent any contractual or legal restrictions, regardless of whether such act or attempted act actually causes Tommy French any damage or harm;
"criminal activity" shall include, without limitation, money laundering and any offence under section 42 of the Gambling Act 2005; and
"unfair advantage" shall include, without limitation: 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); the use of Bots for poker games (including, but not limited to, those games appearing under the Poker tab) and any Bots for skill games (including but not limited to, those skill games appearing under the Skill tab or Games tab) and Bots for any other use which would otherwise constitute any other Prohibited Practices; the use of third party software or analysis systems; or the exploitation by you, of an Error as defined in paragraph 18.1 below, in any case either to your advantage and/or to the disadvantage of Tommy French or others.
10.6 In exercising any of our rights under paragraph 10.4 in relation to a Prohibited Practice, Tommy French shall use all reasonable endeavours to ensure that, while complying with our regulatory and other legal obligations, Tommy French exercise such rights in a manner which is fair to you and to our other customers.
10.7 Tommy French 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 Tommy French to investigate any such activity.
- Third Party Suppliers
11.1 Tommy French receives information and services from third party suppliers which includes casino games and poker and other products. In some instance where systems are provided by third party suppliers, customer may be unable to access all account history and transactional information via systems controlled by Tommy French. In the event that you do require further information concerning game play or any other element of your account history please contact our Contact Centre which will be able to assist.
11.2 Tommy French does not allow any employee, anyone else in any way connected to such employee or anyone otherwise connected to the service provider (to be determined in Tommy French's absolute discretion) to Bet on any market or event where the service provider is providing a service to Tommy French. Tommy French will void any Bet where it determines in its absolute discretion that such betting has taken place.
11.3 You acknowledge that our random number generator will determine the outcome of the games played through the Services and you accept the outcomes of all such games. You further agree that in the unlikely event of a disagreement between the result that appears on your screen and the game server used by Tommy French, the result that appears on the game server will prevail, and you acknowledge and agree that our records will be the final authority in determining the terms and circumstances of your participation in the relevant online gaming activity and the results of this participation.
- IT Failure/ Errors
12.1 Where problems occur in the software or hardware used by Tommy French to provide the Services Tommy French will take all reasonable steps to remedy the problem as soon as reasonably practicable. Where such problems cause a game to be interrupted in circumstances where it cannot be restarted from exactly the same position without any detriment to you or other players, Tommy French will take all reasonable steps to treat you in a fair manner (which may include reinstating the balance on your Account to the position existing following completion of the last bet or game logged on Tommy French's server immediately prior to the occurrence of the problem).
12.2 A number of circumstances may arise where a bet or wager is accepted, or a payment is made, by Tommy French in error. A non-exhaustive list of such circumstances is as follows:
- where Tommy French mis-state any odds or terms of a bet or gaming wager to you as a result of obvious error or omission in inputting the information or setting up a market, or as a result of a computer malfunction;
- where Tommy French have made a 'palpable error'. A palpable error occurs where:
- in relation to bets placed prior to an event taking place, the prices/terms offered are materially different from those available in the general market; or
- in relation to any event, the price/terms offered at the time the bet is placed are clearly incorrect given the probability of the event occurring;
- where Tommy French have continued to accept bets on a market which should have been suspended, including where the relevant event is in progress (except where 'in-running' bets are accepted) or had already finished (sometimes referred to as 'late bets');
- where an error has been made as a result of a Prohibited Practice under paragraph 10.1;
- where Tommy French should not have accepted, or have the right to cancel or re-settle, a bet pursuant to the Betting Rules (for example due to 'Related Contingencies');
- where an error is made by Tommy French as to the amount of winnings/returns that are paid to you, including as a result of a manual or computer input error; or
- where an error has been made by Tommy French as to the amount of free bets and/or bonuses that are credited to your Account,
any such circumstances being referred to as an "Error".
12.3 Tommy French reserve the right to:
12.3.1 correct any Error made on a bet placed and re-settle the same at the correct price or terms which were available or should have been available through Tommy French (absent the publishing error) at the time that the bet was placed and the bet will be deemed to have taken place on the terms which were usual for that bet; or
12.3.2 where it is not reasonably practicable to correct and re-settle under 12.3.1 above, to declare the bet void and return your stake into your Account; or
12.3.3 in circumstances where the Error has resulted from a Prohibited Practice, to take the steps set out in paragraph 10.4.
12.4 Any monies which are credited to your Account, or paid to you as a result of an Error shall be deemed, pending resolution under paragraph 12.2, to be held by you on trust for Tommy French and shall be immediately repaid to Tommy French when a demand for payment is made by Tommy French to you. Where such circumstances exist, if you have monies in your Account Tommy French may reclaim these monies from your Account pursuant to paragraph 10.4. Tommy French agrees that it shall use all reasonable endeavours to detect any Errors and inform you of them as soon as reasonably practicable.
12.5 Neither Tommy French (including our employees or agents) nor our partners or suppliers shall be liable for any loss, including loss of winnings, that results from any Error by Tommy French or an error by you.
12.6 You shall inform Tommy French as soon as reasonably practicable should you become aware of any Error.
12.7 Where you have used monies which have been credited to your Account or awarded to you as a result of an Error to place subsequent bets or play games, Tommy French may cancel such bets and/or withhold any winnings which you may have won with such monies, and if Tommy French have paid out on any such bets or gaming activities, such amounts shall be deemed to be held by you on trust for Tommy French and you shall be immediately repay to Tommy French any such amounts when a demand for repayment is made by Tommy French to you.
- Availability of Offers
13.1 All customer offers are limited to one per person, family, household address, email address, telephone number, same payment account number (e.g. debit or credit card, neteller etc), and shared computer, e.g. school, public library or workplace. Tommy French reserves the right to withdraw the availability of any offer or all offers to any customer or group of customers. Offers only apply to customers who have made a real money deposit with Tommy French.
13.2 Where any term of the offer or promotion is breached or there is any evidence of a series of Bets placed by a customer or group of customers, which due to a deposit bonus, enhanced payments, free Bets or any other promotional offer results in guaranteed customer profits irrespective of the outcome, whether individually or as part of a group, Tommy French reserves the right to reclaim the bonus element of such offers and in its absolute discretion either settle Bets at the correct odds, void the free Bets or void any Bet funded by the deposit bonus. In addition Tommy French reserves the right to levy an administration charge on you up to the value of the deposit bonus, free Bet or additional payment to cover administrative costs. Tommy French further reserves the right to ask any customer to provide sufficient documentation for Tommy French to be satisfied in Tommy French' absolute discretion as to your identity prior to Tommy French crediting any bonus, free Bet or offer to an account.
13.3 Any Bets placed containing selections at odds of less than 1/2 will not count towards any rollover requirement.
13.4 Tommy French may in its absolute discretion limit the eligibility of customers to participate in any promotion.
- Exchange Rate Fluctuations
14.1 you agree that, upon your request, Tommy French is authorised to convert funds in your account into and from such foreign currency at a rate of exchange determined by Tommy French on the basis of the then prevailing money market rates the effect of which will be notified to you at the time of the conversion.
Tommy French expects that normal gains and losses will be made upon the conversion of funds in your account due to fluctuations in the exchange rates applicable at the time of conversion. Such fluctuations are outside the control of Tommy French and therefore you agree that:
- Tommy French will not be liable to you for any loss suffered by you as a result of fluctuations in currency exchange rates upon the conversion of your funds; and
- you will not use Tommy French' Products primarily for the purpose of creating gains by speculating upon fluctuations in the currency exchange rates. Tommy French reserves the right to withhold payment of such gains if, in Tommy French' reasonable opinion, Tommy French considers that an account holder is converting funds primarily for the purpose of creating gains due to currency exchange rate fluctuations.
- Claims and Disputes
15.1 Tommy French will seek criminal and contractual sanctions against any customer involved in fraud, dishonesty or criminal acts. Tommy French will withhold payment to any customer where any of these are suspected. You shall indemnify and shall be liable to pay to Tommy French, on demand, all costs, charges or losses sustained or incurred by Tommy French (including any direct, indirect or consequential losses, loss of profit and loss of reputation) arising directly or indirectly from your fraud, dishonesty or criminal act.
15.2 Tommy French reserves the right to withhold payment and to declare Bets on an event void if Tommy French has evidence that the following has occurred: (i) the integrity of the event has been called into question (ii) the price(s) or pool has been manipulated (iii) matchrigging has taken place. Evidence of the above may be based on the size, volume or pattern of Bets placed with Tommy French across any or all of Tommy French' betting channels. A decision given by the relevant governing body of the sport in question, Tommy French' licensing authority and/ or any relevant industry association (if any) will be conclusive.
15.3 Where there is evidence of a series of Bets each containing the same selection(s) having been placed by or for the same individual or syndicate of individuals, Tommy French reserves the right to make Bets void or withhold payment of returns pending the outcome of any subsequent investigation.
15.4 For events where there is no official "off" declared, the advertised start time of the event will be deemed the "off". If for any reason a Bet is inadvertently accepted after an event or match has commenced (other than live In-Play betting clearly indicated on Tommy French' Website), Bets will stand providing the final outcome is not known, and that no participant/team has gained any material advantage (e.g. a score, sending off for the other team, etc) at the time the Bet was placed. If the outcome of an event/market is known Tommy French reserve the right to void the Bet, win or lose. Disputes over times Bets are placed will be settled using the transaction log. All times stated on the Website and/or referred to by Tommy French staff relate to UK Time unless stated otherwise.
15.5 In-Play betting - where Tommy French has reason to believe that a Bet is placed after the outcome of an event is known, or after the selected participant or team has gained a material advantage (e.g. a score, sending off for the other team etc) Tommy French reserve the right to void the Bet, win or lose.
15.6 If for any reason Tommy French is unable to validate the outcome of a particular market (e.g. due to loss of live pictures), all Bets will be void, unless settlement of Bets is already determined.
15.7 Where a customer gives ambiguous instructions Tommy French reserves the right to split the amount of monies staked between the potential outcomes. Where this is impractical Tommy French reserve the right to void the whole of that Bet. In any event the decision of Tommy French is final.
- Complaints and Arbitration
16.1 If you wish to raise a complaint about any aspect of Tommy French’ products or services please contact our Contact Centre with details. Tommy French will do our best to resolve your complaint in accordance with the following procedure:
- Step 1 - A member of Tommy French Contact Centre will review your complaint and will make a decision as soon as possible. For more complex complaints where further investigation may be required you will be contacted as soon as possible with a decision, or a request for further information in order to make a decision.
- Step 2 - If you do not agree with the decision of our Contact Centre, you may then request that the matter is escalated within Tommy French. In order to escalate a complaint, you will need to clearly state your reasons for not agreeing with the previous decision, and any other relevant information. The decision of Tommy French’ Head of Contact Centre (having completed such escalation as Tommy French considers reasonable in the circumstances) will be considered as the final decision of Tommy French.
- Step 3 - In the unlikely event that you are not satisfied with the outcome of your complaint, you will be informed of all available options for escalating the complaint, which will depend upon the circumstances and the nature of the complaint. Most complaints may be referred to the Independent Betting Adjudication Service (IBAS). IBAS offers effective dispute-resolution procedures which refer to an operator’s own terms and conditions of trading to ensure it has abided by those terms. IBAS rulings are binding on all parties. For further information concerning IBAS, please see our Rule Book.
16.2 No claim or dispute with regard to:
- the acceptance or settlement of a bet which you have made using the Services will be considered more than thirty days after the date of the original transaction; and
- a game which you have played using the Services will be considered more than twelve weeks after the date on which the relevant transaction or game play took place.
16.3 Should you wish to make a complaint regarding the Services, as a first step you should, as soon as reasonably practicable, contact Customer Services about your complaint, which will be escalated as necessary within our Customer Services team until resolution.
16.4 If there is a dispute arising from the Terms which cannot be resolved by Customer Services having been escalated in accordance with paragraph 16.2, you can request that the matter be addressed by a manager or supervisor. Tommy French will endeavour to resolve the matter to your satisfaction either immediately or by contacting you subsequently.
16.5 If you remain unhappy with any solution offered by Tommy French then you agree that the matter may be referred for adjudication by the Independent Betting Adjudication Service (IBAS), telephone number +44 207 347 5883. Further details about IBAS can be found on www.ibas-uk.com. IBAS' decision will be final so long as the full facts are presented by all parties concerned. Tommy French is able to provide you with IBAS' postal address on request.
- Client funds
17.1 Tommy French is required by our Great British Gambling Commission licence to inform customers 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. For further information on the Gambling Commission’s approach and requirements concerning the protection of customer funds, please take the time to visit the following webpage at which full details can be found:www.gamblingcommission.gov.uk/consumers/protection_of_customer_funds.aspx. Tommy French holds customer funds separate from company funds in separate bank accounts which we hold with our banking suppliers. These funds are not protected in the event of insolvency. This meets the Gambling Commission’s requirements for the segregation of customer funds at the level: basic segregation.
17.2 If you do not use your account for betting or gaming for a period of at least 12 consecutive months then it will be an "Inactive Account". All Inactive Accounts will incur an Inactive Account Fee, as set out below. Tommy French will notify you when your account becomes an Inactive Account and assist you should you wish to make use of your account again. The monthly charge will be deducted on the 15th day of the first month after your account becomes inactive, and on the same date on each month thereafter that it remains inactive. The monthly charges that will be applied to an inactive account are 5% of the value of the dormant balance or £2, whichever is the greater. If and when your account balance reaches zero, no further Inactive Account fees will be taken.
17.3 Tommy French may at its sole discretion reimburse retained funds in the event that an account is reactivated at any time.
- Intellectual Property
18.1 you acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied or made available to you as part of the Products shall remain at all times vested in Tommy French or Tommy French' licensors. you are permitted to use this material only as expressly authorised by Tommy French or Tommy French' licensors.
18.2 you acknowledge and agree that the material and content contained within the Websites and/or otherwise provided as part of the Products is made available for your personal non-commercial use only. Any other use of such material and content is strictly prohibited. you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit, tamper with or create derivative works of such material and content.
- Compliance with Laws
19.1 The Products may be used only for lawful purposes and in a lawful manner. you agree to comply with all applicable laws, statutes and regulations regarding the Products and any Bets placed on or via the Products.
19.2 Access to or use of the Website or any of the Services via the Website may not be legal for some or all residents of or persons in certain countries. Tommy French do not intend that the Website should be used for betting, gaming or any other purposes by persons in countries in which such activities are illegal, which includes the United States of America and those territories listed via the Help section on the Website. The fact that the Website is accessible in any such country, or appears in the official language of any such country shall not be construed as a representation or warranty with respect to the legality or otherwise of the access to and use of the Website, and the making of deposits or receipt of any winnings from your Account. The availability of the Website does not constitute an offer, solicitation or invitation by Tommy French for the use of or subscription to betting, gaming or other services in any jurisdiction in which such activities are prohibited by law.
19.3 It is your responsibility to determine the law that applies in the location in which you are present. you should ensure that you will be acting legally in your jurisdiction in opening your Account and/or using the Website and you represent, warrant and agree that you will do so.
19.4 If it becomes apparent to Tommy French that you are resident in a country in which the use of the Website is not legal, Tommy French shall be entitled immediately to close your Account, in which case any balance on the Account on the date of such closure will be refunded to you as soon as it is practicable for Tommy French to do so.
- No Warranty
20.1 Tommy French shall endeavour to provide the Products using Tommy French' reasonable skill and care. Tommy French makes no further warranty or representation, whether express or implied, in relation to the Products. All implied warranties or conditions of satisfactory quality, fitness for purpose, completeness or accuracy are hereby excluded.
20.2 Tommy French make no warranty that the Products will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Group Websites or the server that makes them available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials or as to results or the accuracy of any information obtained by you through the Products.
20.3 In the event of systems or communications errors relating to the generation of random numbers, Bet settlement, race result or other element of the Products, Tommy French will not be liable to you as a result of any such errors and Tommy French reserve the right to void all Bets on the draws or races (as applicable) in question.
- Limitation of Liability
21.1 you agree that your use of the Products is at your own risk.
21.2 Tommy French shall not be liable in contract, tort, negligence, or otherwise, for any loss or damage whatsoever arising from or in any way connected with your use of the Products, whether direct or indirect, including, without limitation, damage for loss of business, loss of profits, business interruption, loss of business information, or any other pecuniary or consequential loss (even where Tommy French has been notified by you of the possibility of such loss or damage).
21.3 Tommy French will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Products and you confirm that Tommy French shall not be liable to you or any third party for any modification to, suspension of or discontinuance of the Products.
21.4 Nothing in these Terms or any other applicable rules shall exclude or limit Tommy French' liability for death or personal injury resulting from Tommy French' negligence or that of Tommy French' servants, agents or employees.
22.1 you agree fully to indemnify, defend and hold Tommy French, and Tommy French' officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liabilities, damages, losses, costs and expenses, including legal fees, arising out of any breach by you of any of these Terms or any other applicable rules or otherwise arising out of your use of the Products or any use by any other person accessing the Products using your user identification.
23.1 Tommy French may terminate your account (including your username and password) if Tommy French believe that you have breached any of these Terms or any other applicable rules or have acted in a manner inconsistent with the spirit of any of them or for any reason Tommy French discontinue to provide the Products.
23.2 you acknowledge that Tommy French do not have to give you prior notice of any such termination.
24.1 In addition to these Terms, the Rule Book and any applicable specific rules notified on the Website or in other media apply to specific events and Bets. In the event of any inconsistency between these Terms, the Rule Book and any applicable specific rules, they shall prevail in the following order - specific rules, Rule Book, Terms.
24.2 Tommy French may update these Terms, the Rule Book and any applicable specific rules from time to time. Any such updates will be notified on the Website and it is your responsibility to review the updates. If you continue to use the Website and/ or the Products then you are deemed to have accepted the updated version.
25.1 Tommy French reserve the right to withdraw the Products or elements of the Products at any time, and will not be liable to you as a result of any such action.
25.2 If any part of these Terms or any other applicable rules shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable and shall not affect the validity and enforceability of any of the remaining provisions of these Terms and any other applicable rules.
25.3 No waiver by Tommy French of any of these Terms or any other applicable rules shall be construed as a waiver of any preceding or succeeding breach of any of these Terms or any other applicable rules.
25.4 Unless otherwise expressly stated, nothing in these Terms or any other applicable rules shall create or confer any rights or any other benefits in favour of any person other than you and Tommy French.
25.5 Nothing in these Terms or any other applicable rules shall be construed as creating any agency, partnership or any other form of joint enterprise between you and Tommy French.
25.6 These Terms the Rule Book and any applicable specific rules contain the entire agreement between you and Tommy French relating to the Products.
25.7 All Bets made with Tommy French is considered to be placed and received in Northern Ireland and all Conditions shall be governed by the laws of N Ireland and you irrevocably submit to the exclusive jurisdiction of the courts of N Ireland.