The following terms and conditions (the “Terms and Conditions”) consist of:
Any reference to “Terms and Conditions”, therefore, is deemed to include the General Club Terms and Conditions, any applicable General Rules of Play and any applicable Specific Rules of Play. To the extent that there is any inconsistency between any of the aforementioned terms and conditions or rules, then the General Club Terms and Conditions shall prevail.
Throughout these Terms and Conditions, any reference to "the Company", "we" or "us" refers to Gala Leisure Limited (with its registered office at Gala Leisure, New Castle House, Castle Boulevard, Nottingham, NG7 1FT), which is fully licensed and regulated by the Gambling Commission as the operator and premises licence holder of our bingo facilities.
YOU SHOULD READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE REGISTERING WITH US TO BECOME A MEMBER OF ANY OF OUR CLUBS.
In order to use the bingo facilities in our Clubs, every customer is bound by these Terms and Conditions. If you do not understand anything in these Terms and Conditions or you need to see them in another language, please contact a member of staff BEFORE using our products and services. Once you use the facilities you will be deemed to have accepted and be bound by these Terms and Conditions.
We reserve the right to amend these Terms and Conditions. However, when we make any significant changes to these Terms and Conditions, we will make reasonable efforts to ensure that these will be notified to you via a prominent notice posted in each of our Clubs at least 7 days before they take effect. Similarly, if we decide to impose an entry fee, details will be posted by way of such a prominent notice in the reception area. It remains your responsibility to periodically check the Terms and Conditions to ensure that you continue to agree with them.
These Terms and Conditions are effective from 12 November 2017 and supersede all previous Terms and Conditions.
1. You and Your Capacity
1.1 As a condition of your playing at our Clubs and using any gambling products, services or offers provided by us, you warrant and represent that you are aged 18 or older, have the mental capacity to take responsibility for your own actions and can enter into a legally binding agreement with us. You understand that by using our gambling products and services you may lose money and you accept full responsibility for such losses.
1.2 You are reminded that you are committing a criminal offence if you use our gambling services if you are under 18 years of age and it is a criminal offence for anyone to help a young person or child (a “child” being a person under 16) to gamble.
1.3 We will not allow anybody to enter and use these premises for the purpose of gambling unless they can prove to our reasonable satisfaction that they are not under the age of 18. Therefore we would ask for your co-operation in providing us with satisfactory identification documents if asked to do so. These documents must:
1.4 We may, on occasion, admit persons under the age of 18 to our Clubs for the purpose of attending certain organised events. However, the restrictions that apply in paragraphs 1.1, 1.2 and 1.3 will continue to apply regardless.
1.5 We reserve the right to determine whether identification documentation is acceptable, with the following, non-exhaustively, considered acceptable:-
1.7 We have a policy to ensure that anyone who looks under 21 may be subject to challenge. We would ask you to be patient if you are challenged during any spot checks we make from time to time. In any case where we have reasonable doubts about whether someone is or is not 18 we reserve the right to exclude them from or ask them to leave the premises.
1.8 Upon satisfactory confirmation of identification, we may supply you with a membership card, which shall remain the property of Gala Leisure Limited at all times. You should keep your membership card safe. It is your responsibility to ensure that no other person or third party (including, without limitation, any young person or child) uses your membership card. If you lose it, you must inform us as soon as possible by speaking to a member of staff.
2 Entry To And Conduct Within Our Clubs
2.1 The premises will open for customer use on such days and times as the Company may determine within any limitations concerning opening times contained in its licence. The Company will have no obligation to any customer in relation to the temporary or permanent closure of the premises. The Company will endeavour where reasonably feasible to provide customers with details in advance by way of a prominent notice posted in the reception area.
2.2 We reserve the right to refuse entry to anyone without a valid membership card or positive identification.
2.3 Customers may not bring onto the premises any food, beverage or intoxicating liquor bought externally, for consumption on the premises. Any sale or resale of any items or products on the premises is strictly forbidden.
2.4 Customers are not permitted to smoke on the premises, save in relation to those outside areas which are clearly indicated.
2.5 Customers are forbidden from passing, dealing in or taking an illegal substance on the premises.
2.6 Customers are forbidden from passing, dealing in or taking “Legal High” substances. i.e. substances which affect mood, though process or perception and taken for recreational purposes. These exclude alcohol obtained on the premises.
2.7 Customers must be appropriately dressed to enter and remain on the premises. A decision on whether someone is or is not appropriately dressed is within the discretion of the Company.
2.8 Customers must not participate in any systematic or organised money lending operation from within our premises.
2.9 Closed-circuit television (CCTV) is used on these premises. You agree that by entering onto these premises, your image may be captured and used and disclosed to third parties, insofar as the Company has a legitimate concern about the security of the premises, items or cash on the premises, adherence by customers with these Terms and Conditions or the safety of customers and staff using the premises.
3 Our Rights To Exclude People From Our Clubs
3.1 The Company reserve the right to suspend or terminate the membership of any member or to permanently exclude any person from our clubs without reason. Where reasonably possible, it will inform the person by post or email to that effect. Such suspension of membership or permanent exclusion will apply to all other clubs operated by the Company.
3.2 It is within the Company’s discretion whether to allow any person removed or barred from entering the premises back into them. Any person attempting to assist any other person to avoid such a ban may similarly be excluded.
3.3 The Company may determine in its absolute discretion whether to inform the police, the Gambling Commission or the Local Authority in relation to any refusal of entry, removal or exclusion of a person, and it reserves the right where relevant to bring a prosecution itself and claim damages where the inappropriate use of premises by the person where his or her use contrary to these Terms and Conditions may cause the Company loss.
3.4 The Company is entitled to exclude from the premises any person when he reasonably suspects to be under the age of 18 unless such person is able to immediately produce satisfactory identification documentation.
3.5 In any instance where a child (under 16) or a young person (aged 16 or 17) has been found to be gambling on the premises all entry monies (if any) and wagers made by him or her will be voided and refunded and any unpaid winnings will be forfeited.
3.6 Without prejudice to the above the Company may take all steps within its discretion in connection with a person’s acts or behaviour on the premises as it considers appropriate in order to preserve the security of the premises, any items or cash on the premises, the health and safety of staff or other persons, or the enjoyment by persons of the facilities on the premises.
4 Paying To Play And Payment Of Winnings
4.1 In accordance with our legal obligations, Gala Leisure does not allow gambling on credit.
4.2 Staff have been instructed to check all cash received for forgeries and we are required by law to retain any forged cash and to notify the Police.
4.3 Prize money will be paid in cash or by cheque. For security reasons, we do not pay out cash in excess of £2,000.00. We would normally pay out up to £2,000.00 in cash with the balance being paid by cheque.
4.4 Customers who insist in being paid prize money in excess of £2,000.00 in cash, do so at their own risk.
4.5 We reserve the right to double-check identification documentation or ask for further identification documentation, prior to processing a payout, should circumstances dictate.
4.6 Customers are legally obliged to account to the relevant tax authorities for any winnings they may have in our clubs. Gala Leisure is not liable to account to any such authority for any of our customer’s personal taxes.
4.7 We reserve the right to refuse to pay any winnings if we have reason to believe:
A person is under 18 years of age; or
A person is involved in fraud, money laundering, collusion or cheating of any kind.
In such circumstances, we reserve the right to void the entire game and return all monies to those affected or provide an alternative solution, at our absolute discretion.
4.8 Gambling is a fast moving environment. Games progress rapidly and consequently mistakes do occasionally occur. We do all that we can to avoid such mistakes, but we cannot accept responsibility for any obvious errors or omissions in respect of calling, presentation of results or calculation or display of prize money, despite our every effort to ensure total accuracy.
Should any of the aforementioned scenarios occur, we reserve the right, within a reasonable timeframe, to retrospectively audit the activities in our Clubs to ensure fairness to all concerned and the right to remedy any discrepancies to promote such fairness.
4.9 Slot machine cash-out tickets and automated cash-out receipt tickets will expire after a period of 180 days and money will be forfeited if unclaimed after this time.
5 Customer Accounts
5.1 Where we offer customers the facility to use Electronic Gaming accounts, customers can only play with, or spend up to, the balance available in their account. We do not operate credit accounts. Funds held in customers’ accounts do not entitle them to interest, which we are entitled to retain.
5.2 Customer funds are not segregated from other assets held by the company and are not protected in the event of insolvency. Under the Gambling Commission’s customer funds rating system these are categorised as: Not Protected
Further information on the Gambling Commission’s ratings system can be found at: http://www.gamblingcommission.gov.uk/for-the-public/Your-rights/Protection-of-customer-funds.aspx
5.3 In the event that a sum is mistakenly credited to a customer account we shall be entitled to make the appropriate adjustment to it. In the event that a sum is mistakenly credited to an account and this money is withdrawn, then the customer must reimburse this money to us on request and we are entitled to set off any subsequent amounts deposited with us by that customer to satisfy this liability.
5.4 When opening an account, customers must select a PIN, to be used when depositing or withdrawing funds from an account. Customers are responsible for the secrecy of their PIN. They must not allow any other person or third party (including, without limitation, any minor) to use their membership card or their account.
5.5 Customers may withdraw the money held in their accounts at any time. Such payments will be made, subject to our policy on cash prize payments set out in paragraph 4.4.
5.6 In certain circumstances, we may need to freeze the money in an account, so that such funds will be temporarily unavailable, whilst we perform security, age verification and responsible gambling checks.
In respect of each individual Dormant Customer Account held at any club, we reserve the right to charge, on the last day of each month, a processing handling fee of either £2.50 per month or the remaining balance whichever amount is smaller.
The charge will be made against any individual dormant account held at any club and can be deducted, in arrears, at any time within 10 working days of the subsequent month
Where a customer has more than one dormant account, the charge will be made against each account. This will apply irrespective of whether the accounts are held in one club or across a range of clubs.
The charge shall be payable in respect of any Dormant Customer Account, until such time as the account becomes active again or has a zero balance.
A Dormant Account is any customer account which has been ‘inactive’ in the previous 12 months.
No cash deposited into the account
No cash withdrawn from the account
No gambling activity (i.e. no money staked or won)
6.1 We are only obliged to pay out winnings that have been genuinely won in accordance with our Terms and Conditions and Rules of Play.
6.2 You accept that our products and services are provided to you "as is" with any faults or failings and any representation, warranty, condition or guarantee whatsoever, express or implied (including, without limitation, any implied warranty of accuracy, completeness, uninterrupted provision, quality, merchantability, fitness for a particular purpose or non-infringement) excluded to the fullest extent permitted by law.
6.3 Under no circumstances (including, without limitation, negligence) are we liable for any injury, loss, claim, loss of data, income, profit or opportunity, loss or damage to property, general damages or any direct, indirect, special, incidental, consequential, exemplary or punitive damages of any kind whatsoever arising out of or in connection with any customer’s access to, or use of, or inability to use, our Clubs and any products and services available therein (whether based in contract, tort and whether negligent or otherwise), even if we have has been advised of the possibility of such damages or loss or that such loss was foreseeable.
6.4 You specifically acknowledge, agree and accept that we are not liable to you for:-
(a) Defamatory, offensive or illegal conduct of any other customer
(b) Any loss whatsoever arising from the use, abuse or misuse of our Clubs
(c) Any technical failures, system breakdowns, defects, delays, interruptions, manipulated or improper data transmission, loss or corruption of data or communications' lines failure, distributed denial of service attacks, viruses or any other adverse technological consequence of your choosing to use our products and services and which affects the conduct thereof
(d) The accuracy or completeness of any information provided within our Clubs
(e) Any failure on our part to observe any self-exclusion policies that we may have in place from time to time
(f) Any failure on our part to interact with you where we may have concerns about your activities
6.5 Nothing in these Terms and Conditions shall operate so as to exclude or restrict our liability for death or personal injury caused by our negligence.
6.6 Where we have reason to believe that your acts or omissions constitute a breach of these Terms and Conditions, we reserve the right to terminate our relationship with immediate effect. In such circumstances we reserve the right to subsequently refuse you entry to any of our Clubs.
7 Licensed Activities - Complaints And Disputes
7.1 In this section of our Terms and Conditions, a "complaint" means a complaint about any aspect of our conduct of the licensed activities.
A "dispute" is any complaint which relates to the outcome of a customer’s gambling transaction and is not resolved at the first stage of our complaints process.
All disputes are dealt with under our Gaming Dispute Resolution Process, which is set out in full below.
7.2 In relation to all complaints or disputes, we reserve the right to record all conversations (via manuscript notes), telephone and e-mail communications with you and any other person. In the event of a dispute as to the contents of any such communication, reference will be made to such records, our transaction database and any other records of your club usage which, in the absence of any contrary evidence, shall be decisive.
7.3 It shall be a condition of your agreement with us that any disputes are and remain confidential both whilst we seek a resolution and afterwards. You agree that you shall not disclose the existence, nature or any detail of any disputes to any third party. If you do so, that shall be considered a breach of the Terms and Conditions and we will no longer be obliged to continue seeking a resolution to your dispute and we shall be entitled to freeze (and potentially close) your Club account, return any monies due to you from that account and refuse you entry to the premises.
7.4 Complaint Resolution At Club Level
7.4.1 We take all complaints seriously. If you have any cause to complain about anything that has happened as a consequence of your dealings with us and you are unable to resolve it with the Duty Manager, you should put your complaint in writing to the General Manager of the Club at where the issue giving rise to the complaint arose, within twenty-one days of the incident.
7.4.2 The General Manager will respond in writing to your complaint within fourteen days of receiving your written complaint.
7.4.3 As part of this process we shall, as necessary, request appropriate evidence from you for the purposes of settling your complaint.
7.5 Gaming Dispute Resolution Process
7.5.1 If a gaming transaction complaint is not resolved to your satisfaction by the use of our Complaints Procedure, it becomes a dispute and you may refer the matter, in writing, to the Regional Manager within fourteen days of receipt of the General Manager’s letter.
7.5.2 The Regional Manager will review the General Manager’s decision, with reference to the records kept from the Complaints Procedure and, if necessary, appropriate further input from you and the Club involved.
7.5.3 A complaint can only be referred to the Regional Manager where the complaints procedure at Club level has been completed.
7.5.4 The contact details for the Regional Manager will be provided by the General Manager as part of the written reply to your complaint.
7.5.5 If you are unhappy with the outcome of the Regional Manager’s decision, you can ask that it be reviewed by the Operations Director within fourteen days of receipt of the Regional Manager’s letter.
7.5.6 The Operations Director in conjunction with the Head of Risk and Compliance, will review the Regional Manager’s decision, with reference to the records from the Regional Manager’s investigations and, if necessary, obtain further input from you and the Club involved.
7.5.7 A dispute can only be referred to the Operations Director where the complaints / dispute procedures through Club and Regional Manager have been completed.
7.5.8 The contact details for the Operations Director will be provided by the Regional Manager as part of the written reply to your dispute.
7.5.9 If you are unhappy with the outcome of the Operations Director’s review, you can ask that Gala escalate your dispute to and Alternative Dispute Resolution (ADR) entity. This is an independent person who will review the facts of your dispute and provide a decision accordingly.
7.5.10 An ADR has been appointed by Gala through the Bingo Association, from the list of ADRs published by the Gambling Commission. The ADR’s contact details are as follows:-
Independent Betting Adjudication Service (IBAS)
PO Box 62639
London EC3P 3AS
Telephone: 020 7347 5883
Fax: 020 7347 5882
7.5.11 A customer may only ask that a dispute be investigated by an ADR where all the previous stages of the Complaints and Disputes process have been completed.
7.5.12 There is no cost to the customer if an ADR is appointed.
7.5.13 An ADR may refuse to accept a dispute which is considered frivolous or vexatious.
7.5.14 The ADR will accept a dispute on their own terms and conditions a copy of which will be provided by the ADR.
7.5.15 In referring a dispute to the ADR the customer accepts that any decision is binding on both the customer and Gala Leisure.
8.1 Whilst most customers are able to enjoy their gambling, we recognise that for a very small number of people gambling ceases to be fun and they may develop a problem with gambling. We are committed to a policy of providing support and assistance wherever we can. Furthermore, in relation to problem gambling, help is freely available throughout our clubs and our staff are trained to direct you to organisations who provide support and assistance.
8.2 We reserve the right to approach you in instances where the Company considers you may need help, and to keep information relating to instances where we have cause for concern and to provide such information to the Gambling Commission.
8.3 We operate a national self-exclusion policy, which allows you to exclude yourself for an initial minimum period of between 6 and 12 months, from all bingo clubs nationwide, who are members of the Bingo Association.
8.4 Please contact the Duty Manager at your Club if you wish to discuss such assistance. We will do our best to ensure any such meeting takes place in private, facilities permitting. You can also contact the Duty manager by telephone, in writing or by email. Further information is provided in our “Friendly Advice” leaflets which are available for you to take away and read at your own convenience.
8.5 Following such discussions, we reserve the right to suspend the membership of any person who, in the Company’s view, is unable to control their gambling activity, but refuses to self-exclude.
In such cases you would have no claim against us for refusal to permit you entry to our clubs
8.6 We will implement reasonable checks and safeguards to ensure that whilst you are self-excluded you cannot access our Clubs and you do not receive marketing material about gambling from us, however we cannot be held liable by you or any third party, if you continue to gamble in our Club(s), or if any marketing material is inadvertently sent to you or you continue to gamble on any other party’s sites or premises.
We will put all reasonable safeguards in place to ensure that once you self-exclude you will not be permitted entry to our premises but we will have no liability in relation to your gambling losses or any related damages or claims by you or any third party, should you continue to gamble after you have self-excluded.
Moreover, we would urge you if you continue to gamble during any period of self-exclusion (from ourselves or other operators) that you seek urgent professional help.
8.7 The National Association for Gambling Care Educational Resources and Training (GAMCARE) provides information, advice and counselling to individuals, their family and friends who have concerns about problem gambling. If you require any information the Duty Manager of your Club will be pleased to assist you. The Helpline number for Gamcare is 0808 802 0133
9 Intellectual Property
9.1 You acknowledge that Gala Leisure is the owner or valid licensee of the trade marks, logos and trade names appearing within our Clubs and you may not use such materials for any purpose without our express written permission.
10.2 We collect personal information from customers through the use of registration forms and when you contact us.
10.3 We will use your information collected for the purposes of:
(a) providing and personalising our services;
(b) dealing with your enquiries and requests;
(c) carrying out market research surveys;
(d) contacting you (by e-mail, SMS, telephone or post) with information about our products and services, as indicated in our registration form;
(e) sharing your information with third party organisations who offer products or services which we feel may be of interest to you (providing you agree to receive such information, as indicated in our registration form.
We may also use and disclose information in aggregate form (so that no individuals are identified) for marketing and strategic development purposes.
10.4 When you complete our registration form, you are asked to confirm whether you do not wish to receive information about our products or services and those offered by other Companies within our group.
You may opt-out of receiving marketing communications at any time by contacting your club or the Marketing Department at Gala Leisure, New Castle House, Castle Boulevard, Nottingham NG7 1FT.
10.5 We will only disclose personal information to other Companies within our group of Companies, government bodies and law enforcement agencies, future owners of our business and suppliers we engage to process data on our behalf.
10.6 You have a right to access the personal data hold about you. To obtain a copy of this data, please complete a Data Subject Request Form which the Club Manager will provide and send it to The Data Protection Officer, Risk & Compliance Dept., Gala Leisure, New Castle House, Castle Boulevard, Nottingham NG7 1FT, enclosing a cheque for £10.00 made payable to Gala Leisure.
11 Governing Law And Jurisdiction
11.1 These Terms and Conditions and all of their constituent parts are governed by English law and the courts of England and Wales shall have the non-exclusive jurisdiction to settle any disputes that arise out of or in relation to them, other than any disputes that fail to be dealt with by our Complaints and Disputes procedure.
12 Additional Terms
12.1 These Terms and Conditions (and all the document referred to herein) constitute the entire agreement between us in connection with its subject matter and supersede all prior representations, communications, negotiations and understandings concerning the subject matter of our relationship.
12.2 No term or provision of these Terms and Conditions shall be considered as waived by any party unless a waiver is given in writing by that party.
12.3 We shall not be liable for any breach of this agreement directly or indirectly caused by circumstances beyond our reasonable control and which prevents us from performing our obligations to you.
12.4 These Terms and Conditions are drafted in the English language. If also drafted in another language and there is a conflict or inconsistency between the English language text and any text in another language, the English language text shall prevail.
12.5 You may not assign, transfer, charge, create a trust over or otherwise deal in its rights and/or obligations under these Terms and Conditions (or purport to do so) without our prior written consent. We are entitled to assign, transfer, charge, create a trust over or otherwise deal in our rights under these Terms and Conditions as we see fit.
12.6 If any of these Terms and Conditions is deemed unlawful, void or for any reason unenforceable, then that part shall be deemed to be severable from the rest of these Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions of these Terms and Conditions.
12.7 Nothing in these Terms and Conditions shall be deemed to create any form of club membership structure such that any Club could be construed as operating as an unincorporated association or that any Customers enjoy any form of associated ownership.
12.8 Nothing said or written by any employee or agent of Gala Leisure shall constitute a variation of these Terms and Conditions or an authorised representation about the nature or quality of any aspect of the products or services that we offer. Except in the case of fraud or fraudulent misrepresentation, we shall have no liability to you for any such unauthorised representation.
12.9 Except for customers of Gala Leisure, a person who is not party to these Terms and Conditions has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce them.