RIGHTS AND RESPONSIBILITIES

23. Our responsibility for loss or damage suffered by you.

Simply put

We will provide our services with reasonable care and skill but our liability to you is limited.

23.1. We are only responsible to you for foreseeable loss and damage caused by us due to a breach of these terms. If we fail to comply with these terms and conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or us failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable or any loss that didn’t result from a breach by us of these terms. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.

23.2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation.

23.3. In certain situations, we may pay you compensation if our content is defective. If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us. We are not liable for losses caused by any equipment and devices you use to access our website.

23.4. We are not liable for business losses. We only supply the services for your personal use. We will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

23.5. There is a limit on our liability to you. Subject to the Maximum Payout Policy, our maximum liability arising out of your use of the products or services (or any part of them), whether such liability arises under breach of contract, tort (including negligence) or otherwise will be limited to:

(a) where our liability relates to a casino wager or bingo ticket, the amount of that casino wager or bingo ticket and any winnings resulting from that casino wager or bingo ticket;

(b) where our liability relates to the misapplication of funds, the amount of money in the customer account that has been misplaced by Heart Bingo; and

23.6. Our products or services may include information uploaded by other users of the website, including bingo game chat rooms. This information has not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.

24. Indemnity.

Simply put

We are relying on the statements and information you give us to provide you with our services. If you have breached these terms or any laws, we have the right to claim compensation from you for the losses you have caused us.

24.1. You agree to indemnify and hold us and our associated companies, affiliates, officers, directors, agents and employees harmless from any liabilities, claims, losses or demands made by any third party arising out of your material breach of these terms and conditions (including documents incorporated by reference) or out of your violation of any law or the rights of any third party.

24.2. You acknowledge that Heart Bingo and its affiliates will hold information with respect to your identity, including but not limited to your name, address and payment details. You agree that we rely on this information in entering into these terms and conditions and you agree to hold us harmless against any falsehood or inaccuracy contained in the information you provide us.

25. Intellectual property rights.

Simply put

Using our services does not give you any right to use our intellectual property rights. You are only permitted to use the services for your personal use, and you must not share our services with anyone else.

25.1. We do not grant you any rights to our intellectual property. We are the owner or authorised user or licensee of all the intellectual property rights in our services and content including, without limitation, any copyright, patent, designs (registered or unregistered), trademarks, service marks, source codes, specifications, templates, graphics, logos or any right subsisting in the UK, Gibraltar, EU or elsewhere in respect of content, databases, formats, interfaces, programming, the offering of services to other customers, software or any application for any of the foregoing and any modification, improvements, developments and enhancements thereof. Except where we have specifically told you, we do not grant any express or implied right to you in any of our intellectual property rights or secret information.

25.2. You may not distribute our content to any third parties. Any content which you access via the apps or website is for your personal use (i.e. not for business use) and any usage, distribution or reproduction of this content which is done in any manner whatsoever without our express written consent is strictly prohibited.

25.3. Your use of the data on our apps or website is a personal licence. This is strictly provided to you on a personal, non-exclusive, non-sublicensable, non-commercial purpose to make use of the services. We reserve the right to take any action we consider necessary, which may include issuing legal proceedings against you, in order to protect our intellectual property and prevent unauthorised use of our data, apps, website or services.

26. How we will use your personal information.

Simply put

We comply with all relevant data protection laws when we collect personal information from you.

For full details of how we will use your personal information, please see our Privacy Notice.

27. Other important terms.

Simply put

Our lawyers told us that the rest of this section is called the ‘boilerplate’ and we needed to include these things. If you find them interesting, then maybe consider re-training as a lawyer.

27.1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

27.2. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may use our absolute discretion in deciding whether or not to agree to any transfer.

27.3. Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms (under the Contracts (Rights of Third Parties) Act 1999).

27.4. These terms do not create any partnership. Nothing in these terms shall be construed as creating any agency, partnership, or any other form of joint venture between you and us.

27.5. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

27.6. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of you breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

27.7. We are not responsible for matters beyond our reasonable control. Without affecting our obligations under the laws and regulations of the jurisdictions where we are licensed, we will not be liable for any losses or damage which may result from any; act of God; epidemic or pandemic; trade or labour dispute; power failure; act, omission or failure of any governmental or authority; failure of any telecommunication network; or any other delay or failure caused by a third party or which is outside of our control. If such an event occurs, we reserve our right to suspend or cancel our services without any liability to you.

27.8. This agreement forms the entire agreement between us. You acknowledge that you have not relied on any representation, undertaking or promise given by us or implied from anything said or written unless expressly stated in these terms and conditions.

27.9. Notices. Any notices to us must be sent to our business offices. Any notices we send to you will be sent to the email address you have supplied us with (or in some limited circumstances, your postal address), until we receive notice of any different email address or address.

27.10. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products or services in the Gibraltar courts.