Terms and Conditions
Revised: 2nd September 2016
Welcome to the WhichBingo.co.uk website (the “Website”). The terms “we”, “us”, “our” and “WhichBingo” refer to WhichBingo Ltd. The term “you” refers to the individual(s) visiting the website and/or contributing content on this Website.
This Website is offered to you conditioned upon your acceptance without modification of any/all the terms, conditions and notices set forth below (collectively, the “Agreement”). By accessing or using this Website in any manner, you agree to be bound by the Agreement. Please read this Agreement carefully. If you do not accept all of these terms and conditions, you are not authorised to use this site.
We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement in accordance with the Terms and Conditions herein and your continued access or use of this Website signifies your acceptance of the updated or modified Agreement.
We will provide you with access to the Website in accordance with these Conditions.
1. YOUR OBLIGATIONS
1.1 agree not to use the Website (or any part of) for any illegal purpose and agree to use it in accordance with all relevant laws;
1.2 agree not to upload or transmit through the Website any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer;
1.3 will not upload or transmit through the Website any material which is defamatory, offensive, or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety;
1.4 will not use the Website in a way that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired;
1.5 will not use the Website in any manner which violates or infringes the rights of any person, firm or company (including, but not limited to, rights of intellectual property, rights of confidentiality, copyrights or rights of privacy);
1.6 will not create and publish a hypertext link to any part of the Website or attempt any unauthorised access to any part or component of the Website; and
1.7 agree that in the event that you have any right, claim or action against any Users arising out of that User's use of the Website, then you will pursue such right, claim or action independently of and without recourse to us.
2.1 You agree to be fully responsible for (and fully indemnify us against) all claims, liability, damages, losses, costs and expenses, including legal fees, suffered by us and arising out of any breach of the Conditions by you or any other liabilities arising out of your use of the Website, or the use by any other person accessing the Website using your PC or internet access account.
3. OUR RIGHTS
We reserve the right to:
3.1 modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or.
3.2 We will use our reasonable endeavours to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website due to circumstances beyond our control.
4. THIRD PARTY LINKS
4.1 In an attempt to provide increased value to our Users, we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
4.2 All of the advertisers on our site, and ourselves, are be bound by the codes of practice implemented in the Gambling Licensing and Advertising Act 2014. Below is a summary of the primary objectives;
Prevent gambling from being a source of crime and/or disorder, or from being associated with crime or disorder and/or from being used to support crime;
Ensure that gambling is conducted in a fair and open way; and
Protect children and other vulnerable persons from being harmed and/or exploited by gambling.
4.3 We will always take the above licensing objectives into account and always act in a manner that is consistent with the above licensing objectives.
4.4 All offers and promotions advertised on WhichBingo are subject to the individual sites' terms and conditions. Wagering requirements may apply.
5.1 We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website).
6. YOUR DATA
You should be aware that:
6.1 if we are requested by the police or any regulatory or government authority investigating suspected illegal activities, or upon receipt of a court order, to provide your Personal Information and/or information concerning your activities whilst using the Website we shall do so; and
6.2 if you agree by ticking the appropriate boxes on your registration form, we may pass your Personal Information or details of your use of the Website to other companies in our corporate group for analysis and/or to enable them to contact you about products or services which may be of interest to you.
6.3 we reserve the right in our reasonable discretion to disclose details of your use of the Website in relation to any, or any threatened, Court Proceedings in connection with your use, or the use of anyone under your control, of the Website whether in connection with the matters set out in these Conditions or otherwise.
6.4 WhichBingo Ltd will always endeavour to operate in full accordance with The Data Protection Act (1998) and is registered with the Data Protection Registrar (Registration Number ZA216073).
7. THE WEBSITE
7.1 All trademarks are the property of their respective owners and appear on WhichBingo solely for the purpose of identifying the providers of the sites reviewed.
7.2 Participation in WhichBingo is 100% free. There are no fees associated with using our website.
7.3 WhichBingo reserves the right, in its sole discretion and without notice, to add new features or to discontinue any feature at any time. WhichBingo promotions, competitions and winners are subject to management approval and can be discontinued without prior notice.
7.4 If you have any dispute you must submit your complaint to the company in writing within fourteen (14) days.
7.5 WhichBingo reserves the right to cancel any account or membership for any reason whatsoever at any time without notice to you.
The competition rules set out in this Clause, together with any other specific entry instructions or rules posted on this Website by WhichBingo Ltd and these User Terms (together the "Competition Rules"), shall apply.
8.1 All competitions, promotions, prizes or other give-aways offered by WhichBingo Ltd from this Website ("Competitions") are only open to UK residents who are aged 18 or over.
8.2 All Entrants must register for the relevant Competitions by giving their correct name and their email address. By registering for the relevant Competitions, you acknowledge that you have read and agree to the provisions contained within these Terms and Conditions.
8.4 By registering for any Competitions, you agree to the use of your name and photographs for publicity material in any WhichBingo Ltd publications in any media, including allowing your name to be published on the Website if you are a prize winner.
8.5 Unless specifically stated, no purchase is necessary to enter any competitions on the Website.
8.6 Prizes are as stated in the Competitions' details on the Website.
8.7 WhichBingo Ltd will not offer cash alternatives in whole or in part for any prizes offered.
8.8 An Entrant may only win one prize per Competition. Entries to any competitions are limited to one per person.
8.9 All entries become the absolute property of WhichBingo Ltd and will not be returned to Entrants unless otherwise stated by WhichBingo Ltd on the Website.
8.10 Fraudulent, illegible, multiple or incorrectly completed entries will be disqualified and no responsibility can be accepted by WhichBingo Ltd for any delayed, lost or misplaced entries. Proof of winners' eligibility to enter the prize draw may be required.
8.11 Prizes are allocated randomly from correct entries received unless otherwise stated on the Website. The Judge's decision is final and no correspondence will be entered into.
8.12 WhichBingo Ltd reserves the right without notice to you, to remove any Competitions from the Website or to suspend or alter any Competitions on the Website, at its sole discretion for legal or technical reasons. WhichBingo Ltd will give Entrants as much notice as possible prior to taking any of the actions described in this clause by posting such notice to the Website, but prior notice may not always be feasible.
8.13 Competitions are run subject to English law. WhichBingo Ltd makes no representation that the Competitions comply with the law of any other country other than the United Kingdom or that any prizes offered in Competitions are appropriate for use, or are legally able to be offered, in any other country. Those who choose to enter any Competitions on the Website are solely responsible for compliance with local laws and regulations if and to the extent they are applicable.
8.14 Any time of delivery is an estimate only in respect of the delivery to an Entrant of any prize in any Competitions and WhichBingo Ltd shall not be liable for any late delivery of the prizes or any loss or damage caused as a result.
8.15 Attempts will be made to notify competition winners by e-mail within five working days of the individual competition closing date given on the Website (not including holiday periods observed by us). The winners will be expected to reply with confirmation of their correct full requested details. It is therefore imperative that you accurately submit and maintain your personal details on the Website. On confirmation, WhichBingo Ltd will then inform the winners on how and when to claim their prize. Failure to claim your prize within the given time frame may result in the competition being redrawn and a new winner selected..
8.16 Although every effort will be made to supply the prizes stated, WhichBingo Ltd cannot guarantee that the particular prizes will be available and an equivalent prize may therefore be offered by WhichBingo Ltd in such cases.
8.17 No responsibility can be accepted by WhichBingo Ltd for the quality and/or suitability of any prizes provided by third parties.
8.18 'Funded accounts' supplied by prize sponsors will, unless otherwise stated, be funded with complimentary funds and not real cash. The redemption rules of the relevant prize sponsor will be used on any funded account.
9. PROMOTIONAL EMAILS AND NEWSLETTERS
9.1 By registering and entering your details you consent to WhichBingo Ltd sending you information about products and/or services that may be of interest to you.
9.2 You also agree to the terms and conditions of the privacy statement that govern how your information will be processed.
9.3 You must be a UK resident and aged over 18 years of age to receive our email and newsletters.
9.4 There are no fees associated with receiving emails and newsletters regarding products and/or services that may be of interest to you. It is 100% Free.
9.5 WhichBingo Ltd reserves the right to cease sending you emails and newsletters at any time for any reason.
9.6 Users are required to provide a valid email address and are limited to one account per person.
9.7 You can unsubscribe from receiving emails and newsletters at any time here.
9.8 WhichBingo Ltd will not pass on your details to any third parties.
10. INTELLECTUAL PROPERTY AND RIGHT TO USE
10.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us.
10.2 You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
10.3 The Website is Copyright, WhichBingo Ltd 2014. All rights reserved.
11. REVIEWS, COMMENTS AND USE OF OTHER INTERACTIVE AREAS
11.1 Please be aware that by submitting content to this Website by electronic mail, postings on this Website or otherwise, including any bingo site reviews, questions, photographs or videos, comments, suggestions, ideas or the like contained in any submissions (collectively, “Submissions”), you grant WhichBingo a non-exclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such Submission. You acknowledge that WhichBingo may choose to provide attribution of your comments or reviews at our discretion.
11.2 WhichBingo Submissions act only as a technical interface between users. The relative systems do not verify the integrity of the users. WhichBingo has no obligation to monitor the Submissions system. WhichBingo reserves the right to review such content and to take disciplinary action against users in its sole discretion. WhichBingo does not endorse any of the exchanges or content posted by users and, therefore, specifically disclaims any liability with regard to such information and with regard to any actions resulting from your participation.
11.3 WhichBingo reserves the right to terminate your registration if we become aware and determine, in our sole discretion that you are violating any terms of service. WhichBingo may at any time change its terms of service without notification.
11.4 You should use your own judgment in evaluating the integrity of, and statements made by, other users of the website. Any opinions expressed by a user of WhichBingo are those of that user alone, and are not those of WhichBingo. WhichBingo cannot and does not assume responsibility for the accuracy, completeness, safety, timeliness, legality or applicability of anything said or written by any user of WhichBingo.
11.5 You alone are responsible for the content of your messages, and the consequences of any such messages.
11.6 Any use by you of any other user's information, personal or otherwise, for any commercial purpose or to obtain direct financial gain (e.g. mass marketing) is prohibited. Any such use shall be deemed to be a violation of these Terms of Service. WhichBingo is to be used by you for your personal use only. Commercial uses of WhichBingo are strictly prohibited unless prior written consent from WhichBingo Ltd. You agree that you will not use the site for 'spamming' or solicitations (commercial or non-commercial).
11.7 You further agree not to post any message or material that is unlawful, harassing, libellous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented, racially offensive, inaccurate, or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law or regulation, or encourage the use of controlled substances.
11.8 You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of WhichBingo. You further agree not to use an inappropriate player name/alias of any kind.
11.9 You agree not to attempt to damage the reputation of WhichBingo, WhichBingo Ltd, it's sites or that of any site sponsors.
11.10 You understand and agree that WhichBingo does not guarantee the accuracy or completeness of any information given. WhichBingo is not responsible for any errors or omissions or for the results obtained from the use of such information. WhichBingo shall not be responsible for any loss or damage caused, or alleged to have been caused, directly or indirectly, by the information or ideas contained, suggested or referenced in WhichBingo.
11.11 Your participation in WhichBingo is solely at your own risk. No advice or information, whether oral or written, obtained by you from WhichBingo or through WhichBingo, its employees, or consultants shall create any warranty not expressly made herein.
11.12 You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use content from WhichBingo Submissions in any way. You also agree not to adapt, alter or create a derivative work from any Submissions. Any other use of content requires the prior written permission of WhichBingo.
11.13 Under no circumstances will WhichBingo be liable for any of the following losses or damage (whether such losses where foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of WhichBingo regardless of the form of action.
11.14 All trademarks are the property of their respective owners and appear on WhichBingo solely for the purpose of identifying the providers of the sites reviewed.
12.1 You may send us notices under or in connection with these Conditions:
By email to firstname.lastname@example.org; or
By post to WhichBingo Ltd, 5 Devonshire House, Devonshire Avenue, Leeds, LS8 1AY.
12.2 As proof of sending does not guarantee our receipt of your notice, you must ensure that you have received an acknowledgement from us, which will be sent within 3 working days of our receipt and should be retained by you.
13. DISCLAIMER & LIMITATION OF LIABILITY
13.1 While we will use reasonable endeavours to verify the accuracy of any information we place on the website, we make no warranties, whether express or implied in relation to its accuracy.
13.2 The Website is provided on an "as is" and "as available" basis without any representation or endorsement. Unless specified in separate terms and conditions related to a particular product or service, we make no warranties of any kind, whether express or implied, in relation to the Website, or products or services offered on the Website whether by us or on our behalf (including free software downloads) including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade.
13.3 Unless specified in separate terms and conditions related to a particular product or service, we make no warranty that the Website or products or services offered on the Website whether by us or on our behalf (including free software downloads) will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Website or the server that makes it available or products or services offered on the Website whether by us or on our behalf (including free software downloads) are free of viruses or bugs or are fully functional, accurate, or reliable. We will not be responsible or liable to you for any loss of content or material as a result of uploading to or downloading from the Website.
13.4 Notwithstanding any other provision in the Conditions, nothing shall limit your rights as a consumer under English law.
13.5 You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of the Website and any information provided to or taken from the Website by you.
13.6 We will not be liable in contract, tort or otherwise if you incur loss or damage connecting to the Website through a third party's hyper-text link.
13.7 We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with the Website or products or services offered on the Website whether by us or on our behalf (including free software downloads) for:
any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
any loss of goodwill or reputation; or
any special or indirect or consequential losses; in any case whether or not such losses were within the contemplation of either of us at the date on which the event giving rise to the loss occurred.
13.8 Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
13.9 WhichBingo is in no way related to the Consumers' Association (Company number: 580128) nor Which? Limited (Company number: 677665).
13.10 WhichBingo Ltd and the services it provides have no connection whatsoever with the Rank Group plc or any of its subsidiaries.
14.1 If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Conditions and shall not effect the validity and enforceability of any of the remaining provisions of the Conditions.
51.1 Nothing shall be construed as a waiver by us of any preceding or succeeding breach of any provision.
16.1 Each provision of these Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
17 ENTIRE AGREEMENT
17.1 These Conditions (as amended from time to time) contain the entire agreement between you and us relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between you and us in relation to such matters. No oral explanation or oral information given by either of us shall alter the interpretation of these Conditions. You confirm that, in agreeing to accept these Conditions, you have not relied on any representation save insofar as the same has expressly been made a representation in these Conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of these Conditions save that your agreement contained in this Clause shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of these Conditions.
19.1 We will collect information about your personal details when you tell us what these are and by analysis of traffic on the Website, including by using cookies. A cookie is a piece of information that is stored on your computer's hard drive by your web browser. On revisiting the Website our computer server may recognise the cookie, giving us information about your last visit. Most browsers accept cookies automatically, but usually you can alter the settings of your browser to prevent automatic acceptance. If you choose not to receive cookies, you may still use most of the features of the Website.
19.3 We use Google Analytics to analyse traffic on the Website, data collection for Display and Search Remarketing, Advertising Reporting features for Audience Demographics and Interests Reporting. More information about how Google Analytics collects and processes data and how to opt-out can be found at Google's page, How Google uses data when you use our partners' sites or apps.
19.4 We use information collected about you to help us (a) develop the design and layout of the Website to ensure that it is as useful and enjoyable as possible and (b) provide the products and services which interest you. Sometimes this information may also be used by us and our associated companies to inform you about changes to the Website, new services and products or offers that you might find interesting. If you do not wish to receive this information, please send an email to email@example.com. We may at our discretion choose to sell, trade, rent or otherwise disclose your personal information to trustworthy third parties situated within the EEA or in countries approved by the Data Protection Commissioner. You may instruct us not to do by sending an email to firstname.lastname@example.org.
19.5 In addition, we may provide aggregate statistics about our services, competitions, clients, traffic patterns and other site information to third parties, but these statistics will not include any information that could personally identify you. In the event that your personal details become untrue, inaccurate or incomplete, or in any event, you have the right to access your personal details and may rectify the same.
19.6 You agree that you do not object to us, our associated companies or such third parties contacting you for any of the above purposes whether by email and you confirm that you do not and will not consider any of the above as being a breach of any of your rights under the Telecommunications (Data Protection and Privacy) Regulations 1999.
19.7 We reserve the right to access and disclose individually identifiable information to comply with applicable laws and lawful government requests or requests by the police investigating suspected illegal activities, to operate our systems properly or to protect ourselves or other Users. We also reserve the right to disclose individually identifiable information to third parties if a complaint arises concerning your use of the Website, and that use is deemed by us inconsistent with the Conditions.
19.8 When you input information or request services from us, we offer appropriate physical, electronic and managerial security measures in order that you may input information safely whilst effectively preventing that information from being accessed by unauthorised persons. In addition, we have strict security procedures covering the storage and disclosure of your information in order to prevent unauthorised access to comply with the UK Data Protection Act 1998. This means that sometimes we may ask for proof of identity before we disclose personal information to you.
19.9 We welcome your questions and comments about privacy issues and the design of the Website. Should you have such comments or have a complaint about how we are using your personal data, please send an email to email@example.com.
Use and storage of your personal information
19.10 When you supply any personal information to WhichBingo (e.g. for reviews, registration, competitions, comments or any other user contributions on the Website) we have legal obligations towards you in the way we use such data. We must collect the information fairly; that is, we must explain how we will use it (see the notices on particular webpages that let you know why we are requesting the information) and tell you if we want to pass the information on to anyone else.
19.11 In general, any information you provide to WhichBingo will only be used within WhichBingo and by its agents and service providers. However, we reserve the right to disclose any third party material or information where we are obliged or permitted by law. If you post or send offensive, inappropriate or objectionable content anywhere on or to WhichBingo or otherwise engage in any disruptive behaviour on WhichBingo, we reserve the right to remove such content and/or can use whatever information that is available about you to stop such behaviour. This may involve informing relevant third parties such as your employer, school, e-mail/internet provider and law enforcement agencies about the content and your behaviour.
19.12 We will hold your personal information on our systems for as long as you use the service you have requested, and remove it in the event that the purpose has been met. Where personal information is held for people who have taken part in other WhichBingo services (e.g. competitions), that information will be held as long as is necessary to ensure that the service is run smoothly. We will ensure that all personal information supplied is held securely, in accordance with the Data Protection Act 1998.
19.13 If you are notified by WhichBingo that your information may be used to allow us to contact you for "administrative purposes" or "promotional offers", this means that we may contact you for a number of purposes related to the service you have signed up for. For example, we may wish to provide you with password reminders or notify you that a particular service has been suspended for maintenance.