A. General Introduction, Definitions and Stipulations
A.1 The kwiff App is operated by kwiff Ltd (“kwiff”), a company registered in Malta with Company Registration No. C77623, and having its registered office and business address at 32 Sovereign Building, Zaghfran Road, Attard, ATD9012, Malta. kwiff Ltd is a wholly-owned subsidiary of Eaton Gate Gaming Ltd (“EGG”), a company registered in England and Wales with Company Registration No. 9526212 and having its registered office at Imperial House, 15 Kingsway, London WC2B 6UN, UK. EGG, together with its wholly-owned subsidiaries, is referred to in these terms as the “EGG Group”.
A.2 By visiting the App and/or by registering for and/or using the App you agree to be, and are, bound by these terms and conditions (and the documents referred to in them), the Betting Rules, our Responsible Gambling Policy and such other kwiff terms and conditions, rules or policies as relate to the Services (as defined in A.11 below) and any promotions, bonuses, special offers or any other aspect of your use of the Services from time to time which govern the contractual relationship between you and kwiff (together referred to as the “kwiff Rules“). The kwiff Rules supersede all prior agreements, arrangements or understandings between you and kwiff whether oral or in writing. By opening a kwiff Account, registering, logging-in or using the Services you fully understand, accept and agree:
- that you are subject to the kwiff Rules; and
- that you have read, understood and will adhere to the kwiff Rules
If you do not agree to any of the kwiff Rules, you must immediately stop using the Services.
kwiff may update, edit, amend and supplement the kwiff Rules at any time. Any material amendment to the kwiff Rules shall be notified in advance by kwiff to you before coming into effect. This will be done via an in-app pop-up message. Failure to confirm your agreement with the revised kwiff Rules will prevent you from continuing to use our Services. If you do not want to be bound by any the kwiff Rules and amendments made to them, you must immediately stop using the Services.
Intellectual Property Rights
A.3 kwiff or a member of the EGG Group is the owner of all the intellectual property rights (which for the avoidance of doubt includes, but is not limited to, patents, copyright, trademarks, service marks, logos, trade names, know-how or any other intellectual property right which subsist anywhere in the world) in the Services and their content. All content and material on the App or otherwise accessible via the Services is provided for your own personal use (i.e. not for commercial use). The distribution, reproduction or commercial exploitation of such content and material in any manner whatsoever without the express written consent of EGG is prohibited and will constitute a breach of these Terms and Conditions and your right to use the Services will cease immediately. EGG reserves its right to take such action as it considers necessary, including issuing legal proceedings against you without further notice to you, in relation to any unauthorised use of its data or of the Services.
A.4 You and kwiff agree that subject to the provisions of our Complaints Policy the English Courts will have exclusive jurisdiction over any claim or dispute arising out of, or related to the kwiff Rules and/or use of the App although kwiff retains the right to bring proceedings against you in your country of residence or in any other Court. The kwiff Rules and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
A.5 kwiff may wish to transfer its rights or obligations under the kwiff Rules to any other company within the EGG Group or any other legal entity (including but not limited to if EGG Group restructures its business or if there is a sale of some or all of the Group). You agree that kwiff may do so provided that in the case of a transfer, after kwiff notifies you of the date on which kwiff transfers its rights and obligations under the kwiff Rules, your rights in connection with the kwiff Rules will be against the new legal entity. The kwiff Rules are personal to you and you may not transfer your rights or obligations under the kwiff Rules to anyone else.
The following definitions shall apply in these Terms and Conditions:
A.6 The “APP” is the software application, accessible from your smartphone or other compatible device by downloading it from relevant distribution services (i.e App store etc …), and through which the Services are provided to you.
A.7 “CARD” refers to all types of cards with a function of payment, charge, debit, credit and/or similar.
A.8 An “KWIFF ACCOUNT” is the customer account held by you with kwiff for the purposes of your use of the Services.
A.9 “FORCE MAJEURE” refers to any condition or occurrence beyond kwiff’s reasonable control which leads to a delay or default in the performance of kwiff’s contractual obligation and shall, for the purposes of the kwiff Rules, include Acts of God (such as floods, earthquakes, hurricanes, etc.), government restrictions (including the denial or cancellation of any necessary licence where such denial or cancellation is made through no fault of the affected party), wars, outbreak of hostilities, strikes, lockouts, riots, insurrections, acts of terrorism, theft, civil disturbances and/or any other cause beyond the reasonable control of kwiff.
A.10 “PAYMENT SOLUTION PROVIDER” is an intermediary acting as a payment agent for various different payment methods.
A.11 The “SERVICES” are the sports betting and casino services provided to you through the App.
A.12 “SOFTWARE” shall mean all software used by kwiff to offer and/or operate the Services and/or run the App.
A.13 “UNDO FUNCTIONALITY” refers to the temporary option provided by kwiff to you to cancel/undo a sports bet before its final acceptance and confirmation.
A.14 “YOU” and “YOUR” refer to the registered customer or any other user of the Services.
kwiff is authorised to provide facilities for gambling by the Gambling Commission of Great Britain under the licence issued to its parent company EGG (operating licence number 000-044448-R-323408-005).
Live Casino products offered by kwiff are operating on a system supplied by Evolution Malta Limited a company registered in Malta under registration number C48666 (“Evolution”) and powered by Evolution on its platform, licensed by the UK Gambling Authority under licence number 000-041655-R-322523-001. Evolution is a wholly owned subsidiary of Evolution Gaming Group AB (publ), a public limited liability company registered in Sweden under registration number 556994-5792.
C. Account rules
C.1 Creation of a kwiff Account
C.1.1 An individual cannot participate in any gambling using the Services unless that individual has a kwiff Account. To open a kwiff Account, you must submit an application for registration and provide your:
- date of birth;
- first and last name;
- place of residence;
- valid email address;
- valid telephone number; and
- a username, a password and a four (4) digit PIN.
C.1.2 You may only apply for a kwiff Account if you are eighteen (18) years old or older. If you are under 18 you cannot register with kwiff and you cannot hold a kwiff Account. Underage gambling is an offence. kwiff carries out age verification procedures on all accounts. For this purpose, kwiff may use a third party service or request that you provide a proof of age. A kwiff Account may be suspended until satisfactory proof of age is provided.
C.1.3 If you apply to hold a kwiff Account, you warrant and represent that:
- you are a natural person whose usual residential address is in Great Britain (a corporate entity will not be accepted);
- you are at least 18 years of age;
- your betting activity will not be in breach of the rules on betting of any sport governing body, nor any other professional body, nor in breach of any terms of your employment;
- you are not in a position to influence the outcome of any event in relation to which kwiff offers betting;
- you are not acting on behalf of another person;
- you are not restricted by limited legal capacity;
- you are not included on any register or database of excluded players (voluntarily or involuntarily);
- you are not a problem gambler;
- you will not deposit monies in your kwiff Account using a Card which you are not authorised to use;
- you will not conduct criminal activities using the Services or involving a kwiff Account;
- you will not deposit monies originating from criminal activities;
- you do not find the App or the Services offensive, objectionable or indecent;
- you will maintain your kwiff Account details to ensure that they are up-to-date in terms of the following: first and last name, place of residence, valid email address and phone number at all times; and
- you have provided true and correct information in connection with your application for a kwiff Account.
C.1.4 The kwiff Account registration process requires you to choose a username, password and PIN combination. You must keep this information secret. All bets/wagers made using your username and password/PIN will be regarded as valid. Equally, any bet/wager placed while your account has been accessed via the Touch ID functionality (as available on applicable Apple devices) will also be regarded as valid. Unless caused by our negligence, any unauthorised use of your username, password or PIN shall be your sole responsibility and be deemed to be your own use. kwiff will not be liable for any such unauthorised use and you will not be refunded any losses arising from such unauthorised use.
Please contact us as soon as possible at email@example.com if you have lost or forgotten your username and/or password/PIN. You agree to inform us as soon as possible if you believe that your kwiff Account information is being used by a third party so that we may suspend your kwiff Account to prevent further abuse. We recommend that you do not use any system allowing you to store and prepopulate passwords on your device. This will help to limit the risk of unauthorized use of your kwiff Account.
C.2 Management of the kwiff Account
C.2.1 kwiff reserves the right at its sole discretion and at all times, to:
- decline to open a kwiff Account without any explanation whatsoever;
- decline to accept deposits without any explanation whatsoever;
- request documents to verify your identity and the ownership of payment methods used on your account at the time of depositing, withdrawing or any other stage; your account may be suspended until satisfactory completion of these checks.
- request authorisation to use a specific Card;
- hold and manage funds belonging to you in accordance with generally accepted guidelines for cash management regarding such funds; this may include a Payment Solution Provider being entrusted to hold funds in your name or for your benefit;
- close a kwiff Account without any explanation whatsoever.
- suspend or cancel your kwiff Account and/or forfeit and/or confiscate any winnings in a kwiff Account and/or refuse to honour any winnings, pending the outcome of any investigation by kwiff where kwiff reasonably believes that, directly or indirectly: (a) any of the kwiff Rules have been breached; (b) you have acted dishonestly or unfairly in order to gain an advantage and/or cheated or employed or made use of an automated or electronic system (including machines, robots, computers, software or any other automated system); (c) you are found to have provided false/misleading or otherwise inadequate information and/or documentation regarding your identity and any other account details as requested by kwiff; and/or (d) other unauthorised activities have occurred in connection with a betting event and/or the operation of a kwiff Account (such as, but not limited to, breach of applicable laws, rules or regulations, breach of a third party’s rights, fraud, and cheating). You will be notified of the suspension or cancellation of your kwiff Account, the forfeiture and/or confiscation of winnings in your kwiff Account and/or kwiff’s refusal to honor any winnings via e-mail and, if the suspension leads to the retention of winnings, a documented copy of the decision may be sent to the UK Gambling Commission or any other relevant authority. During the suspension period, it will not be possible for you to unlock your kwiff Account.
C.2.2 A kwiff Account does not accrue interest.
C.2.3 We are required by our 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 www.gamblingcommission.gov.uk/consumers/protection_of_customer_funds.aspx. We hold customer funds separate from company funds in a customer funds bank account which is separate from our business accounts; our bank has been notified that the customer funds held in the customer funds bank account are held on trust for customers; these steps are designed to ensure that customer funds are distributed to customers in the event of insolvency. This means that steps have been taken to protect customer funds but that there is no absolute guarantee that all funds will be repaid. This meets the Gambling Commission’s requirements for the segregation of customer funds at the level: medium protection.
C.2.4 A kwiff Account is non-transferable. Funds cannot be transferred between kwiff Accounts.
C.2.5 You can only hold one kwiff Account at a time. In the event that this rule is breached, kwiff reserves the right to block and/or delete either, both or any kwiff Account(s) held by you, cancel any outstanding bets/wagers and reallocate all the funds to a single kwiff Account or refund kwiff Account balances, at kwiff’s sole discretion.
C.2.6 You shall not allow any other individual, including (without limitation) any person under 18 years of age, to use or reuse your kwiff Account.
C.3 Responsible gaming – Account settings
C.3.1 kwiff takes responsible gambling very seriously. We want you to enjoy gambling on the App and to be entertained. If you stay in control of your gambling, you will have more fun. Please refer to kwiff’s Responsible Gambling Policy for more details.
C.3.2 You may, in the Responsible Gambling section of your kwiff Account:
- set limits on the amount that you may lose and/or deposit into your kwiff Account within a specified period of time (daily, weekly or monthly);
- take a “time out” break for a period of time between 24 hours and 6 weeks. Time out requests are activated with immediate effect and you will be not be able to access your kwiff Account until the timeout period has expired;
- exclude yourself from playing. At your request we will close your kwiff Account for a minimum of six months up to 5 years. During this time you will not be able to access your kwiff Account.
C.3.3 If you have set a limit as set out above you may change or revoke the limit in the ‘My account – Responsible Gambling’ section of the App. Decreasing a limit will be implemented immediately and you will be notified as to when the decrease comes into effect. Increasing or removing a limit takes effect after a period of 24 hours has lapsed so as to give you an opportunity to reconsider your decision (a cooling-off period). kwiff shall not accept a deposit or bet/wager from you that is contrary to a limit or exclusion set by you.
C.3.4 kwiff reserves the right to close your kwiff Account if kwiff believes that your gambling will cause you financial or personal difficulties.
C.3.5 If you feel that you may have a problem controlling your gambling, we strongly recommend that you contact one of the professional organisations listed in our Responsible Gambling Policy for help, support and guidance. In such circumstances you should make use of our Responsible Gambling tools, and in particular consider the self-exclusion option.
If you wish to refrain from gambling we strongly advise you to uninstall this and all other gambling apps from your phone and enable the device’s restrictions settings to prevent the device being used to access 18+ content. You should also consider installing software such as Netnanny or Gamblock, which are designed to prevent your web browser from accessing gambling content.
C.3.6 You are also able to activate a temporary time out facility for periods of 24 hours, one week, one month or such other period as you may reasonably request, up to a maximum of 6 weeks. This facility may be activated at any time from the ‘Profile – My Account – Responsible Gambling’ section of the App. Time out requests are activated with immediate effect and you will not be able to access your kwiff Account until the timeout period has expired. Time out periods cannot be overridden.
C.3.7 If you elect to self-exclude from kwiff’s Services, pursuant to the self-exclusion facility outlined above, we will close your account and return any funds to you. We will take all reasonable steps to prevent you from accessing the Services, and will take reasonable steps to remove you from our marketing database and to stop sending promotional materials to you. We will close your kwiff Account and return any funds held on deposit to you in accordance with these terms and conditions.
C.3.8 If you choose to self-exclude from kwiff’s Services, you accept that you have a parallel obligation not to seek to circumvent the self-exclusion. We shall not be responsible for any losses incurred by you in gambling on the kwiff App, nor for any related or consequential financial or other damage incurred by you if you access the App or otherwise gamble with kwiff during a self-exclusion period by using registration or log-in details different to those provided by you in respect of a kwiff Account which we close in connection with any self-exclusion, or you otherwise disguise your real identity in connection with your use of the Service.
C.3.9 Where time out and/or self-exclusion is chosen, all outstanding bets and/or wagers will stand and will be settled as normal in accordance to these terms and conditions and our betting rules.
C.4.1 You agree not to make any chargebacks and/or deny or reverse any payment made by you in connection with the Services. You will reimburse kwiff for any chargebacks, denial or reversal of payments you make and any loss, fees and/or costs suffered by kwiff as a consequence.
C.4.2 Without prejudice to kwiff’s right to seek redress under any applicable legislation, regulation, enactment or policy, or under any other provision of the kwiff Rules, kwiff shall have the right to freeze a kwiff Account, cancel any outstanding bets/wagers, and carry out additional verifications when a chargeback has been requested in relation to that kwiff Account.
C.5 Closure of a kwiff Account
C.5.1 You may close your kwiff Account from the app or by contacting kwiff’s Customer Support. Any funds in the kwiff Account will be remitted to you in accordance with these terms and condition.
C.5.2 If you wish to recover funds held in an excluded or suspended kwiff Account, you are advised to contact Customer Support by email to firstname.lastname@example.org.
C.5.3 In case of closure or suspension of your kwiff Account due to problem gambling, or fraud or other illegal activities, you must not try to open a new kwiff Account. kwiff will not be liable should you use fraud or any other means to circumvent the procedures designed to prevent you from opening a new kwiff Account or accessing a suspended kwiff Account, nor shall kwiff be liable for any direct or indirect consequential damages if in such circumstances you open a new kwiff Account or access a suspended kwiff Account. kwiff reserves the right to close a kwiff Account opened in breach of this rule at any time.
D. Payment Rules
D.1 kwiff will appoint a Payment Solution Provider who will at all times handle deposits / withdrawals made to or from a kwiff Account. Procedures, terms and conditions, availability and duration for deposits / withdrawals may vary depending on time and the Payment Solution Provider in question. If you have any query regarding the status of your deposits / withdrawals, please contact our Customer Support Team.
D.2 Cash sent or delivered to the Payment Solution Provider or kwiff will not be accepted.
D.3 kwiff reserves the right to run credit checks on you with third party credit agencies.
D.4 kwiff will not make any payment to you out of your kwiff Account before kwiff has successfully verified your identity and age. If kwiff has not successfully verified your age within 72 hours of your first deposit into your kwiff Account, your kwiff Account will be frozen and no further gambling will be permitted until kwiff has successfully verified your age. If, on completion of the age verification process you are found to be under 18 years of age, your kwiff Accounts will be closed and kwiff will return to you any deposits made into your kwiff Account, having first voided all winnings and/or bonuses.
D.5 Deposits/Withdrawals to/from a kwiff Account
D.5.1 You may only (a) make deposits into your kwiff Account using a Card issued in your name; (b) request withdrawals of funds held on your kwiff Account to the same Card that was used to make the deposit into your kwiff Account. In the event of this not being possible, withdrawals may be made to another Card issued in your name. kwiff reserves the right to carry out additional verification in such cases, and you agree to provide such additional information as kwiff may request in order to satisfactorily complete its verification procedures.
D.5.2 It is your responsibility to provide kwiff with the correct details of your Card for the purpose of making deposits to and accepting withdrawals from your kwiff Account.
D.5.3 Only you can make deposits into or withdrawals from your kwiff Account. Third parties are not permitted to make deposits into or withdrawals from your kwiff Account on your behalf or otherwise.
D.5.4 kwiff reserves the right to carry out additional verification in respect of your identity at the point of depositing or withdrawing to/from your kwiff account or at any other time. Additional verifications will be mandatory if you pay or stake in casino games and/or slots a total of two thousand euro (or currency equivalent) or more in any 24 hour period. Transactions and/or kwiff accounts may be held/suspended until satisfactory completion of these verifications.
D.5.5 Deposits into your kwiff account may only be made for the purpose of using the Service. Your account may be suspended or closed if we reasonably believe that you are depositing funds without the intention of using the Service and/or if bets/wagers are placed in such a way to guarantee a profit irrespective of the outcome. Such instances may be reported to the relevant authorities.
D.5.6 kwiff reserves the right to refuse to transfer funds to you if kwiff reasonably suspects fraud, money laundering and/or any other form of illegal or suspicious activity and to report such details as kwiff considers necessary to the relevant authorities.
D.6 kwiff may deduct amounts from your kwiff Account as follows:
- the amount you stake in respect of any bet/wager you enter into with kwiff;
- to pay reasonable bank charges or administrative costs incurred in relation to deposits received and/or funds withdrawn;
- to correct an Error (as defined in the Betting Rules);
- to effect a withdrawal when requested by you (subject to these Terms and Conditions);
- to effect a chargeback when received by kwiff;
- where kwiff decides (at its sole discretion) to close a kwiff Account and to refund you; or
- as otherwise authorised or requested by any relevant governmental or administrative authority.
D.7 kwiff will not accept a bet/wager from you unless there are adequate funds in your kwiff Account to cover the amount of the bet/wager. kwiff does not provide credit, nor does it participate in, arrange, permit or knowingly facilitate the giving of credit.
D.8 The balance of a kwiff Account may be a debit in the case of a chargeback. We reserve the right to require you to deposit funds to restore your account from a debit position.
D.9 Minimum and/or maximum deposit limits may apply depending on the payment method chosen by you or at kwiff’s discretion.
D.10 kwiff reserves the right to charge you for administrative costs resulting from withdrawals made from your kwiff Account.
D.11 All suspicious transactions or activities detected by kwiff will be reported to the relevant governmental or administrative authorities. We may also bring suspicious betting activity to the attention of the governing body of the underlying sporting event. In each case, this may involve the disclosure by us to the relevant authority of personal data relating to you. kwiff, the National Crime Agency, the Gambling Commission or any other relevant governmental or administrative authority may monitor or request to review all transactions to prevent money laundering or any other illegal activity. If kwiff detects suspicious transactions or activities, kwiff may:
- suspend or withhold payment of any amount pending receipt by kwiff of satisfactory evidence that the transaction or activity in question is not suspicious; and/or
- void the relevant bet(s) and/or wager(s).
E. Security rules
E.1 You will be required to choose a username, password and PIN. It is your responsibility not to share this information. If you have reasons to believe that others have become aware of this information, you should immediately set up a new password and or/PIN in the App. kwiff is not required to maintain usernames, passwords or PIN. You must use your best endeavors not to lose your username, password and/or PIN and you must not, under any circumstances, share your password, PIN and/or username with a third party. kwiff will not be responsible and will not be held liable for any claim regarding your kwiff Account in the event that your username, password and/or PIN is lost, misplaced, forgotten or shared with a third party.
E.2 Card deposits may, from time to time, be partially and/or fully declined subject to certain security systems managed in collaboration with a Payment Solution Provider. Such security measures may decline Cards that are legitimate, but nevertheless it may not be possible to process at a particular time. kwiff’s personnel do not control these systems, nor do they have any knowledge of the reasons for any deposits being declined.
E.3 All telephone or electronic communications between you and kwiff may be recorded for security and training purposes and/or compliance with accounting and/or finance regulations.
E.4 Before processing any deposits and/or withdrawals kwiff may request documents to verify the identity of the Card user and/or authorisation to use a specific Card provided by you. This may cause delays in the processing of deposits and/or withdrawals.
E.5 You may not use and/or abuse an error, technical failure or an instance of incompleteness on the App. If you detect or become aware of an error, failure or incompleteness, you shall:
- refrain from taking any advantage whatsoever of the error, failure or incompleteness;
- keep the details of such error, failure or incompleteness strictly confidential;
- upon detection or becoming aware of such error, failure or incompleteness, notify it to kwiff by sending an email to email@example.com
Without prejudice to other remedies available to kwiff under law or equity, if you fail to comply with this clause, kwiff:
- shall be entitled to full compensation for all costs that may be associated with the breach of this clause by you;
- reserves the right to, notably but not limited to, suspend your kwiff Account, and/or freeze or subtract all or part of the winnings in your kwiff Account without prior notice, in order to cover part or all of the damages suffered by kwiff as a result of your breach of this clause.
E.6 Your identity may be determined on the basis of all or a combination of information, such as your name, mailing address, phone number, email address, Card number, and any other type of identification that may possibly be required.
F.1 You understand that the Services offered on the App are for entertainment value only. You accept that by using the Services, there is a risk that you may lose, as well as win, money. You acknowledge and agree that your use of the Services is at your own choice, discretion and risk. kwiff accepts no responsibility and shall not be liable for any consequences that are alleged to have occurred through your use, or misuse, of the App and/or Services.
F.2 The maximum liability of kwiff to you arising out of or relating to the Services and/or the kwiff Rules, whether for breach of contract, tort (including negligence), or otherwise shall be:
- in cases where kwiff has accepted and confirmed a bet, limited to the amount of the bet plus any winnings payable in respect of that bet; and
- in cases where a bet is placed but kwiff should not have accepted the bet for whatever reason, limited to the amount of the bet placed.
In all other circumstances, kwiff shall have no liability whatsoever.
F.3 Notwithstanding the rest of the terms of this part F, nothing in these Terms and Conditions shall exclude or limit kwiff’s liability for fraud, death or personal injury resulting from kwiff’s negligence or any liability to the extent such liability cannot be excluded or limited as a matter of law.
F.4 You are entirely responsible for complying, and warrant that you comply with your own local laws concerning gambling prior to opening a kwiff Account, placing any bets, stakes or wagers or using the App and/or Services. If you are physically present in a country where the use of the Services is prohibited, you must not register for a kwiff Account, attempt to use the Services or use your Card to participate in gambling with kwiff. kwiff is not responsible for any taxes that may be payable by you whether on any bets/wagers placed, winnings or otherwise. You (not kwiff) are responsible for reporting or declaring any funds withdrawn, including any winnings, if such reporting is required by local law, tax or other authorities.
F.5 kwiff makes no representation or warranty, explicit or implicit, as to your legal rights to participate in the Services, nor shall any of kwiff’s employees, affiliates, or media partners have the authority to make any such representation or warranty. You shall not use the Services, open, use or reuse a kwiff Account, enter the App, nor accept any prize if you do not fully understand, agree to, wish to become a party to, and comply with, without exception, all the kwiff Rules, as these may be amended from time to time.
F.6 Access and connection of your device to the internet is your responsibility. kwiff will not accept liability for any issues arising due to your internet connection or internet service provider preventing you from accessing the service.
F.7 kwiff will make commercially reasonable efforts to prevent any malfunctioning in the App’s activity. However, in any event of a technical failure (or any other error) in the App systems for any reason whatsoever, kwiff will be entitled to cancel your participation in any of the Services affected by the malfunction. In such instances, kwiff’s responsibility and liability will be limited only to the amount (wager) that was paid by you for participating in such Service, and your kwiff Account will be credited with such amount (wager) accordingly.
F.8 If any technical failure (or error) results in awarding winnings to you or in an increase in winnings owed or paid to you, you shall not be entitled to these winnings. You shall immediately inform kwiff of the error and shall repay any winnings credited to your kwiff Account in error to kwiff (as directed by kwiff) or kwiff may, at its discretion, deduct an amount equal to those winnings from your kwiff Account or set off such amount against any money owed to you by kwiff.
F.9 You should take all appropriate measures to protect the data and/or Software stored on your mobile device against all damage of any sort.
F.10 Participation in the Services implies knowledge and acceptance of the limits of the Internet and the App, especially:
- technical capacity, response time for consultation, interrogation or transfer of information, risk of interruption, and in general risks inherent in any connection and transmission failure;
- contamination risks by potential viruses circulating on the Internet.
- failure in the protection of data;
Hence, without prejudice to other clauses of this section F, kwiff shall not be responsible for (including but not limited to):
- transmission and/or reception of any data and/or information on the Internet;
- any damage caused by a virus, computing bug or technical failure;
- any damage caused to your hardware or software;
- failure of any reception material or communication circuit;
- loss of any data;
- any failure preventing or limiting participation in a game, or a failure damaging your system, including your hardware and software.
F.11 You must not misuse the App by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the App, the server on which our App is stored or any server, computer or database connected to the App. You must not attack the App via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. kwiff will report any such breach to the relevant law enforcement authorities and kwiff will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the App will cease immediately.
F.12 If you are dissatisfied with the App or any Service, or with any of the present kwiff Rules, your sole and exclusive remedy is to discontinue using the App and the Services.
F.13 You understand that kwiff reserves the right to change or remove any of its Services at any time.
F.14 kwiff makes no representations about the suitability, reliability, availability, timeliness and accuracy of the information, software, products and Services contained and/or offered on the App for any purpose. All information, software, products and Services are provided “as is” without warranty of any kind. kwiff disclaims all warranties with respect to information, software, products and Services contained or offered on the App, whether expressed or implied.
F.15 kwiff shall have no liability with respect to any damage or loss that was caused due to reliance, of any type, on the information or any other publication or content appearing on the App, and you are invited to verify the information published on the App.
F.16 You will use the App and Services at your own risk, and kwiff shall not be responsible for any damage or loss you may incur as a result of modifications, enhancement, termination, suspension or discontinuation of the App or any of the Services. kwiff will not be responsible for any damage or loss you may incur as a result of your use or reliance on the content of any website, mobile site and/or mobile application to which links appear on the App.
F.17 You shall review the kwiff Rules as posted on the Website and the App on a regular basis.
G.1 kwiff is committed to protecting and respecting your privacy. This policy sets out the basis on which any personal data kwiff collects from you, or that you provide to kwiff, will be processed by kwiff. Please read this policy carefully to understand our views and practices regarding your personal data and how kwiff will treat it. For the purposes of the Data Protection Act 1998 (the “DPA”), the data controller is kwiff.
G.2 kwiff may collect and process the following data about you:
- Information that you provide by filling in forms on the App. This includes information provided at the time of registering to use the App, subscribing to the Services, posting material or placing bets/wagers. kwiff may also ask you for information if you win a bet, enter into a promotion or if you report a problem with the App.
- If you contact kwiff, we may keep a record of that correspondence.
- kwiff may also ask you to complete surveys that kwiff uses for research purposes, although there is no requirement to respond to them.
- Details of the betting/wagering transactions that you carry out through the App.
- Details of your use of the App including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for kwiff’s own purposes or the purposes of any member of the EGG Group or any of their respective suppliers.
G.3 By using the App, you consent to such processing for (without limitation) the following purposes:
- the provision of betting and gaming services;
- to ensure that content from the App is presented in the most effective manner from you and for your mobile;
- to carry out kwiff’s obligations arising from any contracts entered into between you and kwiff;
- legal reasons;
- regulatory reasons;
- identification and/or authentication;
- to provide you with information, products or services that you request from us or which kwiff feels may interest you, where you have consented to be contacted for such purposes;
- to allow you to participate in interactive features of the Services, when you choose to do so; and
- to notify you about changes to our service.
G.5 All information you provide to kwiff is stored on secure servers maintained by kwiff or suitable third parties. Any payment transactions will be encrypted using SSL technology.
G.6 Unfortunately, the transmission of information via the internet is not completely secure. Although kwiff will do its best to protect your personal data, kwiff cannot guarantee the security of your data transmitted to the App; any transmission is at your own risk. Once kwiff has received your information, kwiff will use strict procedures and security features to try to prevent unauthorised access.
G.7 kwiff may disclose any of your personal data and any other information and/or records relating to you if kwiff is under a duty to disclose or share your personal data in order to comply with any legal obligation, when ordered to do so by any governmental or administrative authority or in order to enforce the kwiff Rules and other agreements or to protect the rights, property or safety of kwiff, its customers or others.
kwiff may also disclose your personal information to third parties in the event that kwiff sells or buys any business or assets (in which case kwiff may disclose your personal data to the prospective seller or buyer of such business or assets) or if kwiff or substantially all of kwiff’s assets are acquired by a third party, in which case personal data held by kwiff about you will be one of the transferred assets.
G.8 For fraud detection, fraud protection and credit risk reduction, you agree that kwiff may transfer your personal data to third parties, including but not limited to Payment Service Providers, Address Verification System service providers, Age Verification system service providers, and as required for whatever anti-fraud and anti-money laundering confirmations that kwiff (in its sole discretion) deems it necessary. Furthermore, kwiff reserves the right to disclose your personal data to relevant parties where kwiff has reasonable grounds to suspect irregularities involving a kwiff Account.
G.9 kwiff will keep your personal data and all the financial transaction details for a minimum period of five years after the closure of your kwiff Account.
G.10 kwiff reserves the right to process your personal data for Customer Relationship Management (CRM) purposes. You will only receive advertising material from kwiff or its partners if you have opted to receive marketing material.
G.11 Your personal data shall be accessible to kwiff, the other members of the EGG Group, and their respective employees and suppliers. kwiff shall only disclose your personal data to third parties (other than in accordance with G.6 and G.7 above) on an opt-in basis. You have the right to require access to your own personal data and/or has the right to correct and/or erase incorrect and/or inappropriate data.
You also have the right to access information held about you. Your right of access can be exercised in accordance with the DPA. Any access request may be subject to a fee of £10 to meet kwiff’s costs in providing you with details of the information kwiff hold about you.
G.12 The App may, from time to time, contain links to and from the websites of kwiff’s partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that kwiff does not accept any responsibility or liability for these policies. Please check these policies before submitting any personal data to these websites.
G.13 Cookies, tags and other identifiers (“cookies”)
- to identify your preferred language, so it can be automatically selected when you return to the App;
- to ensure that bets placed by you are associated with your betting coupon and kwiff Account; and
- For analysis of the App traffic, so as to allow kwiff to make suitable improvements.
G.13.4 kwiff may collect information about your mobile including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about your actions and patterns, and does not identify any individual.
H. Sports Betting
H.1 You may only bet up to the amount held within your kwiff Account or any limits set on your kwiff Account, whichever is the lesser. kwiff reserves the right to accept or decline the whole or part of any proposed bet.
H.2 Bets placed using funds deposited via a Card do not become valid until kwiff has received payment. If payment has not been received before an event commences, then that bet is automatically void unless kwiff communicates otherwise to you at the time of the attempted placing of the bet.
H.3 Bets are only accepted when made via the App. No other form or method of communication (email, telephone, post etc) may be used to place a bet.
H.4 It is your sole responsibility to ensure that the details of your bet are correct.
H.5 Availability of the Undo functionality is at kwiff’s sole discretion and kwiff reserves the right to remove and/or amend the Undo functionality at any time and without notice. Where the Undo functionality is not available, a bet may not be cancelled nor undone.
H.6 Bets will only be valid if accepted by kwiff. When attempting to place a bet, kwiff will notify you if it accepts the bet you are attempting to place. kwiff shall not be liable for the settlement of any bets where kwiff has not confirmed its acceptance of the bet. Acceptance of the bet occurs when a unique bet ID has been issued and the bet is reflected in the account history. If you are concerned as to whether your bet has been accepted, please visit the “My Bets” section of the App where details of all your accepted bets will be displayed.
H.7 kwiff reserves the right to withdraw or make changes to the Services including (without limitation) available betting limits, available payout limits and other offerings at any time without notice. kwiff will not be liable if for any reason the Services are unavailable at any time for any period. From time to time we may restrict access to some parts of the App, or the entirety of the App.
H.8 In the event of a system malfunction, all unconfirmed bets are void. kwiff will not be liable to you for any loss that you may have as a result of such suspension or delay. A bet may also be declared void in order to ensure compliance with all applicable laws or in the event of Force Majeure.
H.9 The Betting Rules are an integral part of the agreement between you and kwiff. By accepting the kwiff Rules, you confirm that you have read and understood the Betting Rules and that you will abide by them.
H.10 By accepting any prize or winnings from kwiff, you agree to being contacted and asked to consent for your name to be used for advertising or promotional purposes without additional compensation. Consent is not mandatory and may be revoked at any time by contacting kwiff.
H.11 Please note that it is a condition of any bet that in entering into that bet you are not in breach of any rules about irregular and/or suspicious betting or misuse of inside information relevant to a sports governing body, other professional body of which you are a member, or your employer. Any bet made by you in breach of any such rule shall be void.
I.1 General bonus rules
I.1.1 All casino promotions, bonuses or special offers are subject to promotion-specific terms and conditions and any bonus credited to your kwiff Account must be used in adherence with such terms and conditions. It is your responsibility to review all such promotion-specific terms and conditions, which will be available at the time the promotion is running.
I.1.2 kwiff reserves the right to withdraw any promotion, bonus or special offer at any time. In the event that kwiff believes you are abusing or attempting to abuse a bonus or other promotion, or are likely to benefit through abuse or lack of good faith, then kwiff may, at its sole discretion, deny, withhold or withdraw from you any bonus or promotion, or rescind any policy with respect to you, either temporarily or permanently, or terminate and/or block your kwiff Account without being under any obligation to pay you any funds held within. Abuses include, but are not limited to, registering multiple accounts with kwiff in order to take advantage of any of bonus and/or promotion.
I.1.3 Bonus amounts and all winnings generated from bonuses may only be withdrawn after the bonus amount has been fully wagered according to the promotion-specific terms and conditions. You will not be able to withdraw the bonus amounts and any winnings generated from bonuses from your kwiff Account prior to meeting the specified wagering requirements.
I.2 Disconnections rules
I.2.1 If you are disconnected from the internet while playing on the casino services (not through any intentional disconnection or timeout on your part, or any other bad faith action), then:
- (a) If the interruption occurred after kwiff received notification of your wager, and if the casino game was at a stage where you could have no further influence on the outcome of the event or gamble and the outcome has been generated, then the outcome of your wager will be upheld;
- (b) If you are playing a casino game which involves a single stage, and the interruption occurs before the outcome is generated, then the game will be cancelled and your wager will be returned to your account;
- (c) If you are playing a casino game which involves multiple stages or decisions, then kwiff will take all reasonable steps to restore the casino game to its last known state to enable you to complete the casino game (provided that you are able to reconnect within  minutes). If resumption of the casino game is not possible for any reason, then kwiff will ensure the game is terminated and refund the wager to your kwiff Account. kwiff may suspend your ability to play that casino game if there are indications that the interruption could reoccur.
I.2.2 kwiff may withhold winnings and void wagers if kwiff determines that you or another customer have manipulated any game or acted in a fraudulent manner, if there is collusion (or suspected collusion) between you and any other player or if it is determined that you are seeking to disconnect or timeout from a game deliberately or to take any other action in bad faith to unfairly manipulate the outcome or results of a game.
I.3 You accept and agree that the outcome of all casino games are generated by our random number generators (RNGs) (as hosted by kwiff’s servers or servers operated on kwiff’s behalf by third parties). If there is any discrepancy between the result received by you and the result shown on the applicable servers, then the result shown on the servers shall in all circumstances take precedence. You understand and agree that kwiff records (or records maintained on its behalf) shall be the final authority in determining the terms of your use of the casino.
I.4 kwiff shall be entitled, at its sole discretion, to amend, modify, or discontinue, at any time, any of the Services, and/or bonuses and/or promotions and/or introduce new games, Services, bonuses, and/or promotions. kwiff shall not be liable for any loss suffered by you resulting from any changes made and you shall have no claims against kwiff in such regard.
J. Complaints and dispute resolution
J.1 Any complaint relating in any way to the use of the App or the Services should be addressed to our Customer Service team. kwiff is also affiliated with the Alternative Dispute Resolution entity eCogra for disputes relating to the outcome of a gambling transaction. Refer to the Complaints Procedure for more information on complaints and disputes.