w star i n s t a r
o n l i n e c a s i n o rights

TERMS AND CONDITIONS FOR USE OF THIS WEBSITE

1.INTRODUCTION

• YOUR USE OF THIS WEBSITE MEANS THAT YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS WHICH ARE LEGALLY BINDING.
• IF YOU DO NOT AGREE TO BE BOUND BY THEM, YOU SHOULD EXIT THE WEBSITE IMMEDIATELY.
• PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. YOUR ATTENTION IS PARTICULARLY DRAWN TO THE PROVISIONS OF SECTION 12.
• FOR THE AVOIDANCE OF DOUBT, THESE TERMS AND CONDITIONS APPLY TO BOTH REAL MONEY PLAY AND (WHERE RELEVANT) ANY FREE-PLAY FUNCTIONALITY ON THE WEBSITE.
These Terms and Conditions were published at 12:00 GMT on January 12, 2018 and supersede all previous terms and conditions.
If you have any questions concerning these terms, then please contact Customer Services.
The terms and conditions (“Terms and Conditions”) set out below comprise the terms and conditions of use for any of the games (the “Games") provided in whatever form on this website or counterpart mobile apps (together, the "Website") and through whatever delivery mechanism offered.
ANY REFERENCE TO "TERMS AND CONDITIONS" INCLUDES THESE TERMS AND CONDITIONS THE PRIVACY POLICY AND ANY APPLICABLE GAME RULES.

To the extent that there is any inconsistency between these Terms and Conditions the Privacy Policy and any of the Game Rules, these Terms and Conditions shall prevail.

In these Terms and Conditions, GAN plc and GameAccount Alderney Limited are jointly referred to as "WinStar”, "us", "we" or "our" and you are referred to as "you" or "your".

WinStar is licensed to operate the website www.casino.winstar.com by the UK Gambling Commission for customers located in Great Britain and by the Alderney Gambling Control Commission for all other customers. GameAccount Alderney Limited is a wholly-owned subsidiary company of GAN plc, a publicly-traded company listed on the London Stock Exchange (GAN.LN) based in London, United Kingdom with its registered office address at 125 Kensington High Street London W8 5SF United Kingdom.
For more information on the UK Gambling Commission please visit www.gamblingcommission.gov.uk
For more information on the Alderney Gambling Control Commission please visit www.gamblingcontrol.org

THIS AGREEMENT

1.1 These Terms and Conditions constitute your agreement with us and apply to the exclusion of any other terms that you seek to impose or incorporate or which are implied by trade, custom, practice or course of dealing.
1.2 By accessing any part of the Website, you agree to accept and be bound by these Terms and Conditions. If you do not agree to accept and be bound by these Terms and Conditions, then please do not open an account with us.
1.3 Your use of the Games is strictly subject to your observance of these Terms and Conditions and the specific rules pertaining to any of the Games available on the Website.

2.AMENDMENTS TO THIS AGREEMENT

2.1 We reserve the right to revise, modify or amend these Terms and Conditions at any time. We will ensure that any material changes will be notified to you by email or by a notice on the Website before such change comes into effect. Use by you of any part of the Website following such email or notification shall constitute your acceptance of such revision, modification or amendment.
2.2 No customer services operative has the power to amend these Terms and Conditions.

3.YOUR ACCOUNT

3.1 Account Rules
3.1.1 You are only permitted to open one account (an “Account”). We reserve the right to close any accounts that we consider to be duplicate accounts and to void any wagers made via such duplicate accounts.
3.1.2 Your Account is for a single user only. You are not permitted to share your username and password with any other person. It is your responsibility to safeguard your security access details from any unauthorised use and we recommend that you change your password on a regular basis. We will not be liable to you for any loss that you may suffer as a result of any unauthorised use or misuse of your security access details other than as a result of our gross negligence.
3.1.3 You shall fulfil all commitments made on your Account in the course of using the Website and shall be responsible for all communication from your Account with us. You agree that if any other person uses the Website through your Account, you shall (subject to us taking reasonable precautions against fraud and computer hacking) be bound by such use as if it were your own use, and you shall fully indemnify us in respect of any failure by such third party to fulfil any commitments made by such use.
3.2 Account Security
3.2.1 To change any of your Account information or to access the Games, you must use your security access details (i.e. your username and password) that you selected when you opened your Account with us and/or any supplemental or amended security access details.
3.2.2 You may only make deposits and withdrawals to and from your Account for the purposes of playing the Games and we reserve the right to suspend or terminate your Account in the event that we suspect that you are using your Account for other means. We may also be required by law or any relevant authority to report any suspicious activity on your Account and to abide by that authority's directions in relation to the funds in your Account.
3.2.3 You are not permitted to (or attempt to) sell, transfer or acquire accounts to or from other persons.
3.3 Account Termination
You can close your Account at any time by emailing contact@winstar.com
3.4 Inactive Accounts
3.4.1 For the purposes of these Terms and Conditions, an "Inactive Account" shall mean any customer account which, for a single continuous period of twelve (12) months or more, has not either:
(a) had funds deposited in it; or
(b) had funds withdrawn from it; or
(c) had a wager placed from it; or
(d) had a wager settled from it.
3.4.2 If your Account becomes an Inactive Account, we reserve the right to charge on the last day of each subsequent month, an administrative fee of £5.00 (or currency equivalent) per month (or the remaining balance should the account balance be under £5.00 (or currency equivalent) to compensate us for the continued administration of your account. These charges shall continue to apply in respect of any Inactive Account until such time as your Account becomes active again or has a nil balance.
3.4.3 If you have any queries regarding Inactive Accounts, please contact our Customer Services team for further information.
3.5 Void Accounts
There are certain circumstances where transactions and wagers on an account will be voided; these accounts will be deemed to be void accounts and shall be closed. In such circumstances, all relevant transactions will be voided and all related funds deposited will be returned. We shall not be obliged to pay any winnings which might otherwise have been payable. Examples of void accounts might be where a user has previously self-excluded via the responsible gaming page of any site operated under our licences at any time, including but not limited to GameAccount.com, m.moneygaming.com, Moneygaming.com, or www.casino.winstar.com, for a set period of time and that time has not yet expired or if a user is found not to meet the eligibility requirements, such as those set out at section 15 of these Terms and Conditions.

4.DEPOSITS AND WITHDRAWALS

4.1 Deposits
4.1.1 You may deposit monies to your Account by using any of the available payment methods against which you shall be able to play the Games.
4.1.2 You can have up to 3 (three) cards registered against your Account at any one time. You can unregister a payment method if you have no outstanding balance in respect of that particular payment method.
4.1.3 You should only deposit funds into your Account from a source where you are the named account holder. If we identify that the named account holder differs from the name registered on your Account with us, we reserve the right to treat any deposits into your Account with us as being invalid (and any winnings arising from such deposit as void).
4.1.4 Deposits from credit or debit cards will display on your statement as ‘casino.winstar.com’
4.1.5 We accept a maximum of 10 (ten) attempts to deposit funds in any 24 hour period.
4.1.6 You may set deposit limits within your Account. Please visit the Deposit Limits page of the Responsible Gaming section when logged in or contact any of our Customer Services team for further details.

4.2 Withdrawals
4.2.1 You can make withdrawals from your Account up to your current available balance by debit card, credit card or Neteller/Skrill (after taking into account all previous wagers) subject to the following conditions:
(a) Credit / Debit Card - you may only withdraw funds from your Account back to the same credit or debit card which you have previously used to deposit with. Please note that you may not be able to withdraw funds back to certain MasterCards and, in such circumstances, you may contact us to arrange for such withdrawals to be made by bank transfer;
(b) Neteller or Skrill Accounts - we will make payment of the requested amount to a valid Neteller or Skrill account which is held in your name. You must specify the Neteller or Skrill account name if this differs from your current registered e-mail address;
(c) The minimum withdrawal amount that can be requested is £5.00 (or currency equivalent) for Skrill and Neteller and £10.00 (or currency equivalent) for debit or credit card withdrawals;
(d) The maximum withdrawals via any card provider or other payment processing websites (such as for Neteller & Skrill) may be subject to limits as stipulated by the relevant payment service provider from time to time;
(e) Withdrawal administration fees will not generally be charged, except in special circumstances (e.g. large sums). If we incur any charge-backs, reversals or other charges in respect of your Account, we reserve the right to charge you for the relevant amounts incurred;
(f) We reserve the right to limit your aggregate withdrawals from your Account to no more than £100,000.00 (or currency equivalent) in any 30 day period and/or £10,000.00 (or currency equivalent) in any 24 hours.
(g) Withdrawals to credit and debit cards will display as ‘casino.winstar.com’.

4.3 Security Checks
4.3.1 To maintain a high level of security, we may perform security checks on your Account and keep records of transactions and wagers. In the event that we carry out a security check on your Account, we may require additional documentation and you agree to fully co-operate with us in respect of such requirements. We reserve the right to terminate and/or suspend your registration and/or Account and/or withhold payment to you if we do not receive such documentation.
4.3.2 You agree that we may use personal information provided by you in order to conduct appropriate anti-fraud and anti-money laundering checks. Personal information that you provide may be disclosed to a credit reference or fraud prevention agency which may keep a record of that information.

4.4 Promotional Offers
4.4.1 If, as part of any promotional campaign or competition, we credit an amount to your Account, you can only use such amounts as wagers for playing on the Website. You are not entitled to withdraw such amounts and we reserve the right to reclaim those amounts if you do not use them to wager on the Website during the period specified in the promotion. We reserve the right to withhold and/or withdraw promotional offers at any time.
4.4.2 Subject to the terms of the relevant promotional offer, some games will have lower weighting than others for the purposes of meeting the applicable wagering requirement. Unless specified in the promotional terms, the game weighting is as follows:

Game CategoryStake Percentage Contribution
Slots*100%
Roulette, Keno and other fixed-odds games not otherwise specified**25%
Blackjack, Baccarat, Craps and Poker***10%
Peer-to-Peer or Skill Games****0%
Slots with Gamble Features*****0%

*Excludes games with Gamble Features.
**Includes Roulette Royal, 3 Wheel Roulette, Mini Roulette, Fortune 52 Keno, Hi-Lo, Mini Hi-Lo, and Mini Crown and Anchor
***Includes Pro Blackjack, Mini-Blackjack, EZ Baccarat, Community EZ Baccarat, Pro Baccarat, Jacks or Better, Lucky Draw Joker Poker, Deuces Wild, Match Times Pay Bonus Poker, Match Times Pay Double Bonus Poker, Match Times Pay Double Double Bonus Poker, and Match Times Pay Jacks or Better
****Includes any player-to-player which involve you playing against or with other users including but not limited to the following Games: Heads Up Blackjack, Pineapple Poker, Texas Hold ‘Em Poker, Poker Dice, Backgammon, Domino Duel, Gin Rummy, Brag, Brisca, and Escoba.
*****Includes Dragon Lines, Roaming Reels, 50 Dolphins, Safari Spirit, Mustang Money, Eagle Bucks, Winning Wolf, Grand Dragon, Sheer Magic, Siren's Charm, Money Heat, Empire of Sand, Night Survivor, Ramses Book, Explodiac, King & Queen, Savannah Storm, Spooky House, Burn the Sevens, Fishing Frenzy, Dragon Pays.
4.4.3 If any term of any promotional offer is breached or there is any evidence of a series of wagers placed by a customer or group of customers (for example, demonstrably similar patterns of play or common locations of players), we reserve the right to reclaim the bonus element of such offers and in our absolute discretion void the wagers funded by the deposit and the bonus.
4.4.4 We reserve the right to ask any customer to provide sufficient documentation to satisfy ourselves in our absolute discretion as to the customer’s identity prior to crediting any bonus to the customer’s account.
4.4.5 If you make a deposit as part of a deposit offer promotion, your qualifying deposit will be placed into your Restricted Cash balance and wagered first on our games (for more details see 6.2 ‘Placing a Wager’). If you wish to withdraw this Cash, and any winnings from the use of Restricted Cash, please contact our Customer Services team.
4.4.6 if you withdraw your Restricted Cash before reaching the Wagering Requirement of a promotion, any additional Bonus Funds or winnings derived from the use Bonus Funds as part of the same promotion will be forfeited.
4.5 Change of details
If any of your personal account details or other financial information relevant to your Account changes, you must inform us immediately as failure to do so may result in transactions being declined by your financial institution. These changes can be made by contacting Customer Services. We will not accept any liability or responsibility for transactions which are declined. Should your credit card be lost, stolen or re-issued, you are required to notify us immediately by sending an e-mail to Customer Services or by removing those cards from the payment methods registered on your Account.
4.6 Funds, Interest and charges
4.6.1 In respect of our customers located in Great Britain, casino.winstar.com is licensed and regulated by the Gambling Commission, whose licensing conditions and codes of practice require us to explain to you what happens to funds which we hold on account for you, and the extent to which those funds are protected in the event of insolvency.
All customer funds (including cleared deposits, winnings or prizes left on deposit, and any crystallised but as-yet unpaid loyalty or other bonuses) are held in bank accounts which are separate from our own accounts. Our bank has acknowledged that the funds in these designated client bank accounts remain the property of our customers, and can only be used for the specific and exclusive purpose of enabling participation in the Games offered on our Website. This means that steps have been taken to protect customer funds but that there is no absolute guarantee that all funds will be repaid in the event of insolvency.
This arrangement conforms to the Gambling Commission’s requirements for the segregation of customer funds at the level: Medium protection. Click here for further information.
4.6.2 Deposits on your Account shall not attract any interest payments. All such deposits will be treated as advanced payment for intended wagering on the Website.
4.6.3 We reserve the right to charge an administration fee (which we may withdraw from the balance in your Account) in respect of deposits or withdrawals which we believe have been made for purposes primarily associated with reasons other than gaming on the Website.
4.6.4 If we suspect you have made deposits and/or withdrawals to and from your Account in order to obtain goods or services from a third party (such as Air Miles), without a commensurate amount of use of the Games, we reserve the right to charge a 5% handling fee (which we may withdraw from the balance in your Account) to cover our administration time and all bank charges associated with the relevant deposits. We also reserve the right to withhold payment for up to twenty-eight (28) days in accordance with section 14 below (Right of Refusal).
4.7 Credit errors
If you notice that any sum has been incorrectly credited to your Account, you must notify us immediately. We shall be entitled to reverse any such credits and/or recover those sums from you if they have been withdrawn. If any sums credited in error have been used by you to place further wagers, we can cancel those subsequent wagers and reverse any winnings.
4.8 Closing your Account
4.8.1 If you want to close your Account at any time, please contact Customer Services who will be happy to help.
4.8.2 We reserve the right to close your Account at our discretion and without having to disclose any reasons. In such circumstances, and subject to your compliance with these Terms and Conditions, we will try to contact you via the contact details that you have provided to give you an opportunity to withdraw any balance remaining in your Account.

5.SELF-EXCLUSION AND TEMPORARY TIMEOUTS

5.1 Self-Exclusion
We take responsible gaming very seriously. If at any point you believe playing on this Website is interfering with your daily responsibilities or believe that you are no longer able to control your spending on the Games, you may wish to close your account for a specific, extended period of 6 months, one year, or 5 years. During this time, you will be prevented from accessing your account or participating in gambling on the Website.
To self-exclude, please navigate to the Responsible Gaming page while logged in and select “Self-Exclusion”. Select the period for which you would like to be excluded (6 months minimum) and click “SUBMIT”. You will immediately be prevented from accessing your Account or participating in gambling on the Website for the duration of the timeframe you have selected. If you have a withdrawable account balance, this money will be returned to you, subject to these Terms and Conditions.
You may also self-exclude by contacting our Customer Services via telephone and email. Lifetime self-exclusion requests can only be handled by contacting Customer Services.
Should you hold accounts with multiple remote gaming websites, and choose to self-exclude from one of them, it is recommended that you self-exclude from all of the others as well.
During your self-exclusion period, you must not attempt to circumvent our controls blocking you from accessing any of the sites operated under our license; this includes but is not limited to gameaccount.com, moneygaming.com, and m.moneygaming.com.
Once the selected period has past, you have the option to extend your self-exclusion by a period of at least another 6 months by contacting customer services.
Alternatively, you will be able to reinstate your Account, subject to a 24 hour cooling-off period. To do so, please contact our customer services department via telephone for further information. From the point of your request to reinstate your Account, you will need to contact us again, between 24 and 48 hours from your original request, to reaffirm that you still wish to remove your self-exclusion.
5.2 Temporary Timeout
Should you wish, you can take a temporary break from gaming, during which you will be prevented from logging in or playing on this Website. To do so, please navigate to the Responsible Gaming page while logged in and select “Temporary Cooling-off Period”. Select the period for which you would like take a break, between 1 and 42 day (a maximum period of six weeks), and submit your request. If valid, access to your Account will be restricted immediately.

Please note that you will not be able to access your Account during the specified timeout period for any reason. Please contact customer service should you want your funds returned during that period.

Your Account will be automatically re-enabled once the timeout period of time has passed.

6.PLAYING THE GAMES

6.1 Each Game has its own set of individual rules which you may access by clicking on the Help or Rules tab in each Game. If there is any conflict or inconsistency between these Terms and Conditions and the different sets of rules referred in each Game, then these Terms and Conditions shall prevail.
6.2 Placing a Wager
6.2.1 Any wager placed by you is done solely on the exercise of your own judgment and discretion. You acknowledge that you have not relied on any statement, representation or advice from us (including any of our employees) in deciding to place a wager. You also acknowledge that by playing the Games you may lose money and you accept full responsibility for any such losses. Any such participation in the Games is at your sole discretion and risk.
6.2.2 If there is any disagreement as to the details of a particular wager or any amount staked, then our records shall always prevail.
6.2.3 We reserve the right to refuse or limit the whole or part of any wager for any reason at our discretion. In any event, you are not allowed to place a wager greater than the amount in credit in your Account.
6.2.4 We reserve the right at all times to set the minimum and maximum stake amounts and these will be updated in the specific Game Rules.
6.2.5 We shall only honour transactions which we have actually received and wagering shall only be treated as “received” at the time that our systems actually receive them.
6.2.6 Wagers will be placed on our games will use your available funds in the following order
• Restricted Cash
• Restricted Bonus
• Cash
• Site credit
You may view the separation of your funds by visiting the Balance & History page.
6.3 Active Game Sessions
6.3.1 Once a single player Game commences, it will continue until:

(a) you win;

(b) you lose;

(c) you resign; or

(d) your connection is terminated for any reason or the internet browser window (or mobile app) is closed.

6.3.2 In the event that a multi-stage single- player Game is disconnected where there are still active wagers of real currency on the table, the game state will be stored and may be resumed at a later date for a period of ninety (90) days. Funds attached to Games which remain incomplete after ninety (90) days may be subject to forfeit.

6.3.3 Once a multiplayer Game commences it will continue until:

(a) you win;

(b) you lose;

(c) you resign; or

(d) your connection is terminated for any reason in which case you will be deemed to have lost the Game if you cannot reconnect to the Game while it is still in progress (please refer to the terms of our disconnection policy at section 6.4 below).

6.4 Disconnected Sessions
6.4.1 In the event that:

(a) a disconnection occurs; or

(b) you close the game lobby window (which closes all game tables); or

(c) you close the game table window,

your game will be paused and your opponent notified of your disconnection. If you log back in and re-enter the game lobby within two (2) minutes of the disconnection you will be given the opportunity to rejoin your game table (the “Disconnect Protection”). In the event that you do not reconnect within the two minute period your opponent will be deemed the winner and your stake or liability will be forfeited.
6.4.2 Our software is designed to detect whether there has been a genuine disconnection. If you try to claim Disconnect Protection by simply getting 'timed out', you will be deemed to have resigned from the game. Disconnect Protection is not to be used for any purpose other than a genuine disconnection. Any intentional disconnections from the game lobby or game table may result in forfeiture of winnings and/or expulsion from the Website.
6.4.3 In the unlikely event that a real money game in progress is cancelled due to technical issues, both players will be automatically refunded their buy-ins, regardless of the players’ standing when the game was halted. We reserve the right to make final decisions on all matters herein at our sole discretion. The activation of any refunds will be communicated to you via email.
6.5 Code of Online Conduct
6.5.1 When chatting to other players online you agree to:
(a) use polite and courteous behaviour; and
(b) extend to strangers from different countries and cultures the same level of respect employed during telephone communications or meetings in person.
6.5.2 While the great majority of our online players understand and adhere to these recognised levels of courtesy and politeness in all chat room discussions and email messages ("Communications") a small minority engage in the unacceptable behaviour during Communications ("Abuse").
6.5.3 We accept and recognise your right to freedom of expression during online communications but you shall recognise your primary responsibility towards other players not to cause offence through the use of inappropriate or inflammatory words comments or phraseology during online communications either prior to, during or after any online Game session.
6.5.4 We require that you refrain from Abuse, whether intentionally caused or not. Abuse may be specifically constituted by any of the following:
(a) using foul language or expletives in the course of communications;
(b) insulting fellow players (whether in-game or not);
(c) repeated or one-off communications during a game session intentionally timed to distract or otherwise interfere with the course of the gameplay; and/or
(d) employing sexual language or words suggesting inappropriate behaviour.
6.5.5 In addition, we strongly recommend that you withhold your email address from other players at all times in order to avoid the risk of onward distribution or publication of these to unauthorised companies or persons. We will not release email addresses to unauthorised third parties unless required to do so by operation of law or regulation and we request that our players extend that privilege to each other.
6.5.6 Compliance with our Code of Online Conduct is a mandatory requirement of all of our players who have accepted our Terms & Conditions for using the Website and playing the Games. We monitor, store and review all chat room and in-game communications on a regular basis and will investigate any complaints submitted by our players in connection with any Communications. Failing to comply may result in the suspension and/or termination of your Account. Suspended accounts may be re-activated at our discretion.

7.COMPLAINTS AND DISPUTES

7.1 If you wish to make a complaint, you must do so by contacting our Customer Services team at contact@winstar.com, or via any method listed on the Contact Us page . To assist us in dealing with your complaint, you agree to notify us as soon as possible.
7.2 We may record or monitor telephone and electronic communications with you in the interests of both parties and you hereby consent to us doing so.
7.3 If your complaint cannot be resolved satisfactorily, then either party may refer the dispute for independent adjudication by the following methods:
(a) if you are located in Great Britain, the dispute should be referred directly to the Independent Betting Adjudication Service (IBAS) or via the Online Dispute Resolution (“ODR”) platform. You may request an arbitration form by contacting IBAS on +44 (0) 207 347 5883 or by visiting their website. Alternatively, you may contact the ODR who will ask us to select our Alternative Dispute Resolution provider. We will supply ODR with IBAS’s details and ODR will forward the case to them to review.
(b) if you are located outside of Great Britain, the dispute should be referred to the Alderney Gambling Control Commission (the “AGCC”) and the procedure for referring any dispute to the AGCC is available via this link
7.4 Any adjudication by IBAS or the AGCC (as the case may be) will be final and binding on you and us.
7.5 When a dispute occurs which cannot be resolved by us, any relevant recordings or communications may be made available to IBAS or the AGCC (as the case may be).

8.INTELLECTUAL PROPERTY

8.1 Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including without limitation all copyright, trademarks, designs, text, photographs, videos, images and graphics, and their layout and arrangement, database rights and all other intellectual property rights) relating to the material or content of the Games and the Website or other delivery mechanism are owned by us or by our licensors. These intellectual property rights are protected by the laws of England and Wales, international treaties and all other applicable copyright and intellectual property laws.
8.2 Any rights not expressly granted in these Terms and Conditions are reserved. The Games and their material and content are made available for your personal non-commercial use. Any other use of such items or rights without our prior written consent is not permitted.
8.3 If you breach any of the terms of this section 8, you must destroy any downloaded or printed extracts from the Website and we reserve the right to close your Account.

9.LICENCE TO USE THE SOFTWARE

9.1 When using the Website, it may be necessary for us to provide you with our own software and any other software provided by third parties (together the "Software").
9.2 You may be required to enter into end user terms and conditions of use in respect of any such Software (a "Software Agreement") in order to make use of such Software. The terms upon which you may download and use any such Software will be made available to you at the time of download and must be accepted by you prior to your use of that Software.
9.3 Under no circumstances shall you interfere with, copy, modify or reverse engineer any Software provided to you by us and/or any third party or attempt to do so, except as permitted by law or by the terms of the Software Agreement.
9.4 In case of any inconsistency between these Terms and Conditions and any Software Agreement, these Terms and Conditions will prevail.

10.COLLUSION, CHEATING AND FRAUD

10.1 Multiplayer games operate as peer to peer events made available to you via the Website (i.e. you are playing against third parties, rather than against the “house”). By playing multiplayer games, you warrant that you cannot see who you are gaming against.
10.2 If you suspect that any other player might be cheating by undertaking one of the following:
(a) colluding with other third parties; or
(b) using unfair external factors or influences including but not limited to any software program that may provide them with an unfair advantage such as those utilising artificial intelligence in order to assist them in the use of the Gaming Services;
(c) undertaking fraudulent activities to your possible disadvantage and their advantage;
(d) using multiple accounts,
you should report such activity to our Customer Services team as soon as reasonably practicable. Such practices are not allowed and we will take all reasonable steps to investigate any such complaints and, where possible, prevent them. We shall not, however, be liable for any form of loss sustained by you as a result of any of the activities outlined above or any other such unlawful activity of any persons using the Website.
10.3 We reserve the right to terminate your Account, withhold the balance of your Account and recover from your Account the amount of any affected pay-outs, bonuses or winnings if:

(a) you are found or suspected to be participating in any form of collusion or fraudulent practice;
(b) we become aware that you have invalidly requested a charge-back or have denied any of the transactions made on your Account;
(c) you become bankrupt or have equivalent proceedings occurring anywhere in the world; or
(d) you have more than one account at any one time; or
(e) you are using our software and/or system in a manner which we deem inappropriate; or
(f) By opening an account, you affirm that you are not located in a country where gambling is prohibited.
(g) you are found to be in breach of any other terms of these Terms and Conditions.

10.4 If we become aware or suspect that a transaction is suspicious and involves or may involve financial crime or similar activity then we reserve the right to retain the amount of that transaction and any other transaction made by you. In addition, we reserve the right to retain any funds related to that activity and the balance on the accounts in question. We shall be under no obligation to provide you with any reasons for these actions. If the activity and transactions are cleared of any suspicions all retained funds will be made available to you.
10.5 Where we suspect that you are participating in any form of collusion, fraudulent practice or money laundering activities, we reserve the right to report such activity or suspicions to the regulators, the police, relevant authorities, other online gaming or gambling operators, other online service providers and banks, credit card companies, electronic payment providers or other financial institutions including details of your identity and you agree to cooperate fully with us to investigate any such activity.

11.WARRANTY AND DISCLAIMER

11.1 You warrant that the information you provide to us during registration and throughout the period of your use of the Website is, to the best of your knowledge and belief, accurate and complete, and that any future changes to this information will be provided to us in a timely manner. Your use of the Website and the Games is solely at your own risk and you accept that the information contained on the Website and/or in the Games may contain bugs, errors or other limitations.
11.2 Whilst we will use reasonable endeavours to provide a timely and reliable service, we cannot guarantee that your use of the Website shall be uninterrupted and we accept no liability in respect of any outages or unexpected downtime.
11.3 THE MATERIAL ON THE WEBSITE IS PROVIDED "AS IS", WITHOUT ANY EXPRESS OR IMPLIED CONDITIONS, WARRANTIES OR OTHER TERMS OF ANY KIND. ACCORDINGLY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS WEBSITE IS PROVIDED FOR YOUR USE ON THE BASIS THAT WE EXCLUDE ALL REPRESENTATIONS, WARRANTIES, CONDITIONS AND OTHER TERMS (INCLUDING, WITHOUT LIMITATION, THE CONDITIONS IMPLIED BY LAW OF SATISFACTORY QUALITY, FITNESS FOR PURPOSE AND THE USE OF REASONABLE CARE AND SKILL) WHICH, BUT FOR THESE TERMS AND CONDITIONS, MIGHT HAVE EFFECT IN RELATION TO THE WEBSITE AND/OR THE GAMES.
11.4 We shall have no responsibility nor shall we be liable for any damages caused by viruses contained within the Website or any other delivery mechanism.

12.LIMITATION OF LIABILITY

12.1 Our maximum aggregate liability to you for any matter arising out of or in connection with your use of the Games and/or Website will be limited to the total amount legitimately in your Account and the return of the amount of the stake of any disputed wager.
12.2 The Company, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of the Company's group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility (whether in contract or tort (including without limitation negligence) or otherwise) for any amount or kind of loss or damage that you or a third party may incur including without limitation:
(a) any direct, indirect, special, incidental, consequential loss or damages whether exemplary or punitive;
(b) any loss of income;
(c) any loss of profits;
(d) any loss of goodwill;
(e) any loss of data;
(f) any loss of contracts;
(g) any loss of use of money;
(h) any loss or damages arising from or connected in any way to business interruption; and, in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or the downloading of any material by you from the Website or any websites linked to the Website.
12.3 Whilst we endeavour to ensure that the information on the Website is correct and that the software is in good working order, we shall not be liable for any loss or liability resulting from, but not limited to: (1) access delays or access interruptions; (2) any system or communication errors relating to the generation of random numbers, wager settlement or other elements of the Gaming Services; (3) data non-delivery or data mis-delivery; (4) acts of God or any other circumstances beyond our control; (5) the unauthorised use of your security access details; (6) damage to goodwill or reputation; and (7) errors, omissions, or misstatements in any and all information provided under these Terms and Conditions or otherwise and we reserve the right to void all wagers on the Games in question arising from such circumstances.
12.4 You undertake to notify us promptly of any error of which you become aware and not to take advantage of it. We reserve the right to recover from you any monies that you may receive as a result of an error together with all costs and expenses incurred in doing so. We shall be entitled to set-off any subsequent amounts you deposit with us to satisfy any such liability.
12.5 Whilst we endeavour to ensure that the Website is normally available 24 hours a day, we shall not be liable if for any reason the Website is unavailable at any time or for any period. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
12.6 We shall not be in breach of these Terms and Conditions nor shall we be liable for events, circumstances or causes that occur as a result of circumstances beyond our control and which prevent us from performing our obligations to you.
12.7 Subject to these Terms and Conditions, nothing in this Agreement shall exclude our liability which we may have in respect of any sums properly owed to you. Furthermore, nothing in this Agreement shall exclude or limit our liability for (a) death or personal injury arising from our negligence, (b) fraud or fraudulent misrepresentation or (c) any liability that may not be excluded or limited under applicable law.

13. INDEMNITY

You shall indemnify, and hold us and our subsidiaries, affiliates, officers, directors, agents and employees harmless (and keep us so indemnified or held harmless) against any claim brought against us by a third party resulting from or in connection with your use of the Games or any part of the Website or any other delivery mechanism in any way and your use of our server and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including legal costs and expenses) or liabilities whatsoever suffered and howsoever incurred by us in consequence of or relating to your non-observance or breach of these Terms and Conditions or from the services provided.

14.RIGHT OF REFUSAL

14.1 We reserve the right (in our sole discretion) to refuse to register you and/or to suspend and/or terminate your Account at any time and/or to refuse to accept any wager or transaction in respect of or in connection with your use of the Website and/or the Games. We shall not be obliged to provide you with any reasons for so doing and shall not be liable to you in any way for any loss or damages that may result from any such action.
14.2 We reserve the right to withhold winnings and void wagers if there is any malfunction of the Website or if there is any manipulation of the Games or our financial system or suspicion or evidence thereof or a breach or suspected breach of any applicable law, regulation or any of these Terms and Conditions, in each case without providing any reason.
14.3 Use of any account otherwise than in accordance with these Terms and Conditions or any other abuse of any account is strictly prohibited.
14.4 We reserve the right to withdraw your use of any of the Website and/or the Games at any time, subject to fulfilment of any outstanding commitments under these Terms and Conditions.
14.5 Our decision on all matters will be final and binding and no further correspondence will be entered into.

15.AGE, JURISDICTION AND OTHER RESTRICTIONS

15.1 Age Restrictions
15.1.1 By opening an account on the Website, you warrant to us that you are at least:
(a) 18 years of age; or
(b) of legal capacity to place a wager in the jurisdiction in which you are located, whichever is the greater (the “Requisite Age”).
We reserve the right to void any wagers with minors and also reserve the right to request proof of age documentation from you at any time. If age verification cannot be completed within 72 hours of any such request, your Account will be suspended until your identity has been verified. If (whether or not we have verified your age), you are subsequently proven to have been under the Requisite Age at the time you placed transactions with us then your Account will be closed, all transactions placed whilst you were under the Requisite Age will be made void and all related funds deposited will be returned save in respect of any winnings which you have accrued at such time which will be forfeited. We shall not be liable to any parent, relation or legal guardian of any such minor in respect of any losses incurred by a minor.
15.2 Location and Governing Law
15.2.1 If you choose to access the Website, you do so on your own initiative and are fully responsible for compliance with local laws, if and to the extent applicable.
15.2.2 International Players from permitted countries around the World:
(a) This Website operated from its server or servers under the auspices of the licence granted by the Alderney Gambling Control Commission.
(b) The Terms and Conditions and the agreements made herein shall be governed and construed in accordance with the laws of Alderney, without giving any effect to any principles of conflicts of law.
15.2.3 Players based in Great Britain (excluding Northern Ireland and Crown Dependencies):
(a) We provide facilities for gambling to persons located in Great Britain in reliance on our licences granted by the Gambling Commission;
(b) The Terms and Conditions and the agreements made herein shall be governed and construed in accordance with the laws of England and Wales, without giving any effect to any principles of conflicts of law.

15.3 Other Restrictions
15.3.1 You must not register or seek to register with us or attempt to use the Games if you are acting on behalf of someone else or if you are not acting as principal. Furthermore, any attempts to place wagers through any other medium and by any form of communication will not be accepted and we reserve the right to void any wager where we subsequently find that this restriction has been infringed.
15.3.2 Our employees and those of our associated companies may not open an account or register on the Website whether in their own name of on behalf of a fellow employee, friend or relative.

16.SEVERABILITY

These Terms and Conditions are severable. If any term or condition is declared invalid unlawful or unenforceable to any extent, that term or condition will to that extent be severed so that the remaining Terms and Conditions will continue to be valid to the fullest extent permitted by law.

17.ASSIGNMENT

The Agreement is made exclusively between us and you. You shall not be entitled to assign or transfer this Agreement in any way. We are entitled to assign, transfer, charge or otherwise deal in our rights as we see fit.

18.ENTIRE AGREEMENT

You agree that this Agreement is the complete and exclusive agreement between you and us regarding your use of the Website and the Games. This Agreement supersedes all prior agreements and understandings between us and you, whether established by custom, practice, policy or precedent.

19.THIRD PARTY RIGHTS

Unless expressly stated, a person who is not a party to this agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

20.GOVERNING LAW

By accepting these Terms and Conditions, you irrevocably agree that the courts of England shall have exclusive jurisdiction to resolve any dispute or claim of whatever nature arising out of or relating to your use of the Website. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of our intellectual property rights or breach of these Terms and Conditions is taking place or originating.

21.PRIVACY POLICY

We understand that your privacy is important to you and that you care about how your Personal Data is used and shared online. We respect and value the privacy of everyone who visits casino.winstar.com (the "Website") and will only collect and use Personal Data in ways that are described here, and in a manner that is consistent with Our obligations and your legal rights.
Please read this Privacy Policy carefully and ensure that you understand it. You will be required to read and accept this Privacy Policy when signing up for an Account. If you do not accept and agree with this Privacy Policy, you must stop using the Website immediately.

1.Definitions and Interpretation

In this Policy the following terms shall have the following meanings:

"Account" means your account with us as is required to access and/or use certain areas and features of the Website;
"Cookie" means a small text file placed on your computer or device by the Website when you visit certain parts of the Website and/or when you use certain features of the Website. Details of the Cookies used by the Website are set out in section 13 of the Privacy Policy;
"Cookie Law" means the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003;
"Personal Data" means any and all data that relates to an identifiable person who can be directly or indirectly identified from that data. In this case, it means Personal Data that you give to Us via the Website. This definition shall, where applicable, incorporate the definitions provided in the EU Regulation 2016/679 - the General Data Protection Regulation ("GDPR"); and
"We/Us/Our" means GAN PLC of 125 Kensington High Street, London W8 5SF and GameAccount Alderney Limited of Inchalla Le Val, Alderney GY9 3UL

2.Information About Us

The Website is operated by GAN plc and GameAccount Alderney Limited pursuant to its licences granted by the Gambling Commission of Great Britain and the Alderney Gambling Control Commission.
GAN plc is the "Data Controller" (as defined by the GDPR).
Our Data Protection Officer can be contacted by email at dataprotection@winstar.com.

3.What Does This Policy Cover?

This Privacy Policy applies only to your use of the Website. The Website may contain links to other Websites. Please note that We have no control over how your data is collected, stored, or used by other Websites and We advise you to check the privacy policies of any such Websites before providing any data to them.

4.Your Rights
4.1 As a data subject, you have the following rights under the GDPR, which this Policy and Our use of Personal Data have been designed to uphold:
4.1.1 the right to be informed about Our collection and use of Personal Data; 4.1.2 the right of access to the Personal Data We hold about you (see section 12);
4.1.3 the right to rectification if any Personal Data We hold about you is inaccurate or incomplete (please contact Us using the details in section 14);
4.1.4 (subject to section 6.5) the right to be forgotten - i.e. the right to ask Us to delete any Personal Data We hold about you;
4.1.5 The right to restrict (i.e. prevent) the processing of your Personal Data;
4.1.6 The right to data portability (obtaining a copy of your Personal Data to re-use with another service or organisation);
4.1.7 The right to object to Us using your Personal Data for particular purposes; and
4.1.8 Rights with respect to automated decision making and profiling.
4.2 If you have any cause for complaint about Our use of your Personal Data, please contact Us using the details provided in section 14 and We will do Our best to resolve the problem for you. If We are unable to help, you also have the right to lodge a complaint with the UK's supervisory authority, the Information Commissioner's Office.
4.3 For further information about your rights, please contact the Information Commissioner's Office.

5. What Data Do We Collect?
Depending upon your use of the Website, We may collect some or all of the following personal and non-Personal Data (please also see section 13 on Our use of Cookies and similar technologies):

5.1 name;
5.2 date of birth;
5.3 gender;
5.4 contact information such as email addresses and telephone numbers;
5.5 demographic information such as post code, preferences and interests;
5.6 financial information such as credit / debit card numbers;
5.7 IP address;
5.8 web browser type and version;
5.9 operating system.

6. How Do We Use Your Data?
6.1 All Personal Data is processed and stored securely, for no longer than is necessary in light of the reason(s) for which it was first collected. We will comply with Our obligations and safeguard your rights under the GDPR at all times. For more details on security, please see section 7 below.
6.2 Our use of your Personal Data will always have a lawful basis, either because it is necessary for Our performance of a contract with you, because you have consented to Our use of your Personal Data or because it is in Our legitimate interests. Specifically, We may use your data for the following purposes:
6.2.1 Providing and managing your Account;
6.2.2 Providing and managing your access to the Website;
6.2.3 Personalising and tailoring your experience on the Website;
6.2.4 Supplying Our services to you (please note that We require your Personal Data in order to enter into a contract with you);
6.2.5 Personalising and tailoring Our services for you;
6.2.6 Replying to calls or emails from you;
6.2.7 Supplying you with emails that you have opted into (you may unsubscribe or opt-out at any time by adjusting your setting in your Account);
6.2.8 Market research;
6.2.9 Analysing your use of the Website to enable Us to continually improve the Website and your user experience;
6.2.10 Complying with our regulatory duties, obligations and responsibilities including under the Gambling Act 2005 and the Gambling (Licensing and Advertising) Act 2014 and to the Alderney Gambling Control Commission and the Gambling Commission of Great Britain and under any other valid and applicable legislation and to any other competent authority.
6.3 With your permission and/or where permitted by law, We may also use your data for marketing purposes which may include contacting you by email, telephone, text message, post with information, news and offers on Our services. We will not, however, send you any unsolicited marketing or spam and will take all reasonable steps to ensure that We fully protect your rights and comply with Our obligations under the GDPR and the Privacy and Electronic Communications (EC Directive) Regulations 2003.
6.4 Subject to section 6.5, you have the right to withdraw your consent to Us using your Personal Data at any time, and to request that We delete it.
6.5 In certain circumstances, We may not be able to comply with your request to be forgotten and we may refuse to comply with any such request for erasure where your Personal Data is being processed for the following reasons:
(a) to exercise the right of freedom of expression and information;
(b) to comply with a legal obligation for the performance of a public interest task or exercise of official authority;
(c) for public health purposes in the public interest;
(d) archiving purposes in the public interest, scientific research historical research or statistical purposes; or
(e) the exercise or defence of legal claims.
For example, We are required by the Gambling Commission to retain your Personal Data for a period of one (1) year after you have closed your Account in order to deal with unsettled wagers or complaints. We may also be required to retain certain records in relation to any self-exclusion functionality and to ensure that We are complying with all of Our obligations as to responsible gambling.

7. How and Where Do We Store Your Data?
7.1 We only keep your Personal Data for as long as We need to in order to use it as described above in section 6, and/or for as long as We have your permission to keep it. However, we may be required to continue to retain records containing Your information for legitimate business, regulatory, compliance and/ or legal purposes.
7.2 Some or all of your data may be stored outside of the European Economic Area ("the EEA") including but not limited to the United States of America.
7.3 We will only send your data outside of the European Economic Area ('EEA') to:
(i) follow your instructions;
(ii) comply with a legal duty; or
(iii) work with our agents and advisers who we use to help run your accounts and services.

7.4 If we do transfer information to our agents or advisers outside of the EEA, we will make sure that it is protected in the same way as if it was being used in the EEA. We'll use one of these safeguards:
(i) transfer it to a non-EEA country with privacy laws that give the same protection as the EEA. Learn more on the European Commission Justice website;
(ii) put in place a contract with the recipient that means they must protect it to the same standards as the EEA. Read more about this here on the European Commission Justice website;
(iii) transfer it to organisations that are part of Privacy Shield. This is a framework that sets privacy standards for data sent between the US and EU countries. It makes sure those standards are similar to what is used within the EEA. You can find out more about the Privacy Shield on the European Commission Justice website.

7.5 You are deemed to accept and agree to this by using the Website and submitting information to Us.

8. Do We Share Your Data?
8.1 We may share your data with other companies in Our group for data processing purposes. This includes Our holding company and its subsidiaries.
8.2 We may sometimes contract with third parties to supply services to you on Our behalf. These may include age verification, payment processing, search engine facilities, advertising, and marketing. In some cases, the third parties may require access to some or all of your data. Where any of your data is required for such a purpose, We will take all reasonable steps to ensure that your data will be handled safely, securely, and in accordance with your rights, Our obligations, and the obligations of the third party under applicable laws.
8.3 We may compile statistics about the use of the Website including data on traffic, usage patterns, user numbers, sales, and other information. All such data will be anonymised and will not include any personally identifying data, or any anonymised data that can be combined with other data and used to identify you. We may from time to time share such data with third parties such as prospective investors, affiliates, partners, and advertisers. Data will only be shared and used within the bounds of applicable laws.
8.4 We may sometimes use third party data processors that are located outside of the European Economic Area ("the EEA"). Where We transfer any Personal Data outside the EEA, We will take all reasonable steps to ensure that your data is treated as safely and securely as it would be within the EEA and under the GDPR.
8.5 In certain circumstances, We may be legally required to share certain data held by Us, which may include your Personal Data, for example, where We are involved in legal proceedings, where We are complying with legal requirements, a court order, or a governmental authority.

9. What Happens If Our Business Changes Hands?
We may, from time to time, expand or reduce Our business and this may involve the sale and/or the transfer of control of all or part of Our business. Any Personal Data that you have provided will, where it is relevant to any part of Our business that is being transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this Privacy Policy, be permitted to use that data only for the same purposes for which it was originally collected by Us.

10. How Can You Control Your Data?
10.1 When you submit Personal Data via the Website, you may be given options to restrict Our use of your data. In particular, We aim to give you strong controls on Our use of your data for direct marketing purposes (including the ability to opt-out of receiving emails from Us which you may do by unsubscribing using the links provided in Our emails and at the point of providing your details and by managing your Account).
10.2 You may also wish to sign up to one or more of the preference services operating in the UK: The Telephone Preference Service ("the TPS"), the Corporate Telephone Preference Service ("the CTPS"), and the Mailing Preference Service ("the MPS"). These may help to prevent you receiving unsolicited marketing. Please note, however, that these services will not prevent you from receiving marketing communications that you have consented to receiving.

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