Terms & Conditions
IMPORTANT – PLEASE READ THESE TERMS AND CONDITIONS AND THE RELATED DOCUMENTS IDENTIFIED BELOW (TOGETHER, THE “CONDITIONS”) CAREFULLY BEFORE OPENING AN ACCOUNT OR CONTINUING TO USE YOUR ACCOUNT. YOU WILL BE LEGALLY BOUND BY THE CONDITIONS AND THEY FORM AN ENFORCEABLE AGREEMENT BETWEEN US, SO PLEASE PRINT OUT ALL RELEVANT DOCUMENTS FOR YOUR RECORDS. THE CONDITIONS ARE SUBJECT TO CHANGE FROM TIME TO TIME AS DESCRIBED IN SECTION 24 BELOW.
If you do not agree to accept and be bound by the Conditions, please do not open an account with us (“Account”) or continue to use your Account or our Services.
www.MilesPlay.com is a site operated by Miles & Points Entertainment Ltd (“MilesPlay”, “we” or “us”). We are registered in the Cayman Islands and have our registered office at Maples Corporate Services Limited, P.O. Box 309, Ugland House, Grand Cayman, KY1-1104, Cayman Islands.
MilesPlay provides the services on our website www.MilesPlay.com (the “MilesPlay Website”) and any other online platforms provided by us (including sites operated by us under the brands of our partners) (“Platforms”) on which you access our gaming services (“Services”) using your Account.
These Terms and Conditions and the documents referred to below tell you, the user (also known as “customer” or “player”), the terms on which you may make use of the MilesPlay Website, the Platforms and the Services.
In the event that you have any complaints, claims or disputes with regard to any outcome regarding the Services or any other activity performed by MilesPlay, you should first contact the MilesPlay Customer Care Team via the ‘Contact Us’ details on the MilesPlay Website. MilesPlay will use reasonable efforts to respond to your query in a timely manner.
The Conditions are made up of the following documents: (i) these Terms and Conditions, (ii) [the Privacy section, (iii) the Promotions section, (iv) the How to Play section, (v) the Frequently Asked Questions section, (vi) all game rules (which are different for each game, and which explain the specific rules of the game and are accessible within every game) (vii) the Disconnection and Cancellation Policy, (viii) the Refer-a-Friend Terms and Conditions, (ix) the Standard Promotional Terms and Conditions, and (x) any other additional rules and terms published on the MilesPlay Website, the Platforms or that you are otherwise notified of and that specifically relate to and govern any particular event, game, promotion or tournament. You should read all of these documents carefully as each one forms part of the legally binding agreement between us.
If the Conditions are translated into another language, the English language version will prevail in the event of any conflict between the translation and the English language version. These Terms and Conditions shall prevail in the event of any conflict between these Terms and Conditions and any of the game rules or other documents that make up the Conditions.
1. APPLICATION OF TERMS AND CONDITIONS
You agree to the Conditions by doing any of the following: (a) using our Services, (b) acknowledging that you have read these Conditions when you register to join a Platform, or (c) clicking on the “Open Account” button when you register for your Account. You acknowledge that your failure to comply with these Conditions may result in disqualification from any event, game, promotion or tournament, the closure of your Account, forfeiture of winnings and/or legal action against you, as appropriate. You acknowledge that if you accept these Conditions, we will start providing you with the ability to use the Services immediately. As a consequence of this, if you accept these Conditions, you will not later be able to cancel the agreement between you and MilesPlay except by closing your Account in accordance with these Terms and Conditions.
2. LEGAL USE REQUIREMENTS
2.1. You may only use the Services if you are located in a jurisdiction where it is lawful for you to do so and you are at least the minimum legal age for playing online games in that jurisdiction. Use of the Services from any location where applicable law or regulation would prohibit play or access by you is prohibited by these Terms and Conditions as well. MilesPlay reserves the right to ask you for proof of age and location within a jurisdiction where use by you of the Services is permitted and your Account may be suspended until satisfactory proof is provided.
2.2. Some countries prohibit or limit some or all of the forms of games that are available on the MilesPlay Website and the Platforms. Play of any games which is prohibited or restricted as to play in your location is prohibited by these MilesPlay Terms and Conditions. No rewards, prizes, awards or promotional incentives may be earned by you or any other user through activity from any location where such activity is prohibited. MilesPlay reserves all rights, in its sole discretion, to disallow any play activity or he award of any prizs, rewards or incentives arising from your activity where MilesPlay may determine or has any basis to believe such activity may be prohibited or restrictedby applicable law.
2.3. You are solely responsible for ensuring that you are familiar with your country’s laws, rules and regulations relating to game-play (and, if different, the laws of the country in which you are actually playing), that you do not violate these laws, rules or regulations, and that you have the legal right to use the Services. Any use of the Services is at your sole option, discretion and risk.
3. ACCOUNT CREATION/REGISTRATION
3.1. To use the Services, you will first need to register for an Account with us. You may access any of our Services for which you are eligible after opening your Account.
3.2. You can open an Account with us by choosing a unique name and password and entering other information that we ask for on our registration form such as (but not limited to) your first and last name, address, email, birth date, and mobile telephone number (this information, collectively, comprises your “Details”). You shall ensure that the Details provided at registration are accurate and kept up to date. You can change your Details at any time by editing your ‘Player Profile’ preferences. Withdrawals may be delayed or cancelled if your account information is incomplete or incorrect.
3.3. There are no set-up charges for opening your Account. All payments to and from your Account must be paid in the currencies available on the Services and shall not bear interest. You shall ensure that all payments into your Account are from a payment source for which you are the named account holder. If you are making a purchase to or withdrawal from your Account in a currency other than your Account Currency, such deposit and/or withdrawal will be made at the exchange rates offered by us at the time of such deposit or withdrawal and may be subject to a conversion fee.
3.4. MilesPlay reserves the right in its absolute discretion to refuse any application for registration for an Account and is not obliged to provide a reason for any such refusal.
4. IDENTITY AND SINGLE ACCOUNT REGISTRATION
4.1. The name on your Account registration must match your true and legal name and identity and the name on the credit card(s) or other payment accounts used to deposit or receive monies in your Account.
4.2. To verify your identity, MilesPlay reserves the right to conduct a Security Review (as defined in Section 15 below) at any time.
4.3. You are prohibited from holding more than one Account. If you have more than one Account or have Accounts in different names, then you must contact us immediately to have your Accounts revised so that you only have one Account.
4.4. Should MilesPlay have reasonable grounds to believe that you have opened multiple Accounts, MilesPlay reserves the right to cancel any transaction related to any of those Accounts, and to close your Account(s).
4.5. If you have lost your Account name or password, please follow the website instructions for a replacement or contact customer support.
5. MILESPLAY EMPLOYEES OR AFFILIATES
If you are an officer, director, employee, consultant or agent of MilesPlay or one of its subsidiary, parent or associated companies, or suppliers or vendors, you are not permitted to register for an Account with MilesPlay or to directly or indirectly use any of the Services, other than in the course of your function as an MilesPlay staff member, consultant or agent.
6. COPYRIGHT AND TRADEMARKS
‘MilesPlay’ is a trademark of Miles & Points Entertainment. All other material used by MilesPlay on the MilesPlay Website and any Platform, including but not limited to the software, images, pictures, graphics, photographs, animations, videos, music, audio, text (and any intellectual property rights in and to any of the same) is owned or licensed by MilesPlay or one of its group companies and may be protected by copyright and/or other intellectual property rights. You obtain no rights in any such material or any intellectual property rights in such material, and must not use them without MilesPlay’s written permission, which may be withheld at its sole discretion.
7. USE OF THE SERVICES, FRAUDULENT ACTIVITIES AND PROHIBITED TRANSACTIONS
7.1. MilesPlay reserves the right to suspend, modify, remove and/or add any Service in its sole discretion with immediate effect and without notice.
7.2. MilesPlay forbids the use of all unfair practices on the MilesPlay Website and/or any Platform and/or when using any Service and has a zero tolerance policy towards inappropriate play and fraudulent activity. We do this to protect our customers and the integrity of the Services.
7.3. You may not cheat or attempt to defraud MilesPlay or any other user of any of the Services in any way, including but not limited to game collusion with other players, game manipulation or payment fraud, manipulation of the multi-currency facilities, use of stolen credit cards, or any other fraudulent activity (including but not limited to any chargeback, or other reversal of a payment) or prohibited transaction. MilesPlay reserves the right to disclose information about the use of such unfair or fraudulent practices by any player (including the identity of such player) to other online game sites, banks, credit card companies, and other such appropriate agencies, and you hereby consent to such disclosure.
7.4. You are expressly prohibited from posting information or contacting our customers to offer or promote any offers, products or services without the express written permission of MilesPlay.
8. BONUSES AND PROMOTIONS
8.1. We may from time to time offer you complimentary promotional or bonus amounts to be credited into your Account (“Bonus”). Such Bonuses may only be used in relation to such Services as may be specified when the Bonus is offered to you. Acceptance of any Bonus shall be subject to any additional terms and conditions we may make available to you in respect of each such Bonus offering and, if none, then in accordance with the Standard Promotional Terms and Conditions and Bonus release restrictions contained in the relevant offer. Bonus offers may be used only once unless otherwise specified.
8.2. All our Bonuses are designed for genuine players who may be interested in continuing membership and using the Services. Bonuses may be deemed void at any time to individuals or groups who are suspected of abusing or have a record of promotional abuse or fraud (charge backs) on the MilesPlay Website, any Platform or any of our affiliate merchants. Any winnings accrued by such individual or groups will be deemed void and withheld.
8.3. Bonuses are available only once per person, household address and email address. MilesPlay reserves the right to impose further limits in respect of Accounts originating from environments where computers are shared (e.g. university campuses, public libraries, workplaces, etc). If a customer claims a Bonus or promotional offer that he/she is not entitled to claim, any winnings generated from that will be forfeited and the original purchase will be returned to the customer.
8.4. Unless otherwise stated, a Bonus or promotion cannot be used in conjunction with any other promotional offer and all Bonuses and promotional offers are only available to those players to whom the offer was issued directly by MilesPlay.
8.5. Irrespective of where players live in the world (but subject to Section 2 above), MilesPlay shall use reasonable efforts to deliver all promotional prizes to the prize winner’s registered address or requested address. MilesPlay reserves the right to offer an alternative prize of similar value (including a cash payment) if it is either impractical or unable to deliver the relevant prize to the prize winner’s relevant address.
8.6. The decision of MilesPlay is final, unless you dispute such decision in accordance with Sections 23 and 26. MilesPlay reserves the right to alter promotional terms and conditions at any time in accordance with Section 24.
8.7. You must be 13 years old or over the age of 13 years to enter into any promotional competitions. MilesPlay reserves the right to request age and identification documents and at its discretion may use an independent age and identification verification service. Any promotional prizes won by persons found to be under the age of 13 years will be declared void.
8.8. All promotion winners hereby agree that their first name, first initial of their last name, and country of residence may be used in any publicity material by MilesPlay.
9. PAYMENT SERVICES PROVIDER
9.1. In order to use the Services, you will be required to send money to and may be required to receive money from us. We may use third-party electronic payment processors and/or financial institutions (“PSP” or “Payment Service Providers”) to process such financial transactions.
9.2. You irrevocably authorize us, as necessary, to instruct such PSPs to handle Account deposits and withdrawals from your Account and you irrevocably agree that we may give such instructions on your behalf in accordance with your requests as submitted using the relevant feature on the MilesPlay Website and/or our Platforms.
9.3. You agree to be bound by the terms and conditions of use of each applicable PSP. In the event of conflict between these Conditions and the PSPs terms and conditions then these Conditions shall prevail. If you do not wish to be bound by the terms and conditions of use of a PSP used by us, you should close your Account in accordance with Section 17.
10. CASH OUTS
10.1. Your Account balance is the amount of GamePoints held in your Account, plus any winnings and/or minus any game entry fees accrued from using the Services, less any entry or other fees, if applicable, and less any amounts previously exchanged by you or amounts forfeited or reclaimed by MilesPlay due to any known or suspected fraud or due to purchases or other transactions rejected or cancelled by your bank or any relevant third-party bank (whether as a result of insufficient funds, charge-backs or otherwise), or any sums which are otherwise deductible or forfeited under these Conditions (“Account Balance”). Your Account Balance will be displayed in your Account on the MilesPlay Website or other applicable Platform.
10.2. Acceptance of an exchange request is subject to any applicable purchase method restrictions, bonus restrictions and/or Security Reviews (as defined in Section 15) and any other terms of these Conditions.
10.3. All amounts you exchange are subject to the transaction limits stated. Further, we may withhold any amount from your winnings in order to comply with any applicable law.
10.4. Payment of funds which you withdraw shall be made by exchange into the loyalty program currency that you select only. There are no other withdrawal options available.
10.5. All taxes due in connection with any winnings awarded to you are your sole liability. Account balances cannot be transferred, substituted or redeemed for any other prize, except when explicitly stated.
10.6. MilesPlay requires any purchases of GamePoints to be played-through a minimum of one time prior to withdrawal, i.e. you must place bets equalling the total amount deposited before you can withdraw that amount.
11. ABUSIVE OR OFFENSIVE BEHAVIOUR
Abusive or offensive behaviour will not be tolerated on the MilesPlay Website or our Platforms or with any of our staff. Any violation of this policy will result in a suspension of your Account or such other action as may be reasonably required by MilesPlay to ensure compliance.
12. DISCLOSURE OF ACCOUNT NAME AND PASSWORD
12.1. You agree to keep your Account name and password (including answers to any security questions) secret and confidential and not to allow anyone else to use it. Every person who identifies themselves by entering a correct username and password is assumed by MilesPlay to be the rightful Account holder and all transactions where the username and password have been entered correctly will be regarded as valid. You are solely responsible for any activity taking place on your Account, whether conducted by you or not.
12.2. In no event will MilesPlay be liable for any loss you suffer as a result of any unauthorized use or misuse of your login details. If you have lost your Account name, username or password, please follow the website instructions for a replacement.
12.3. If you misplace, forget, or lose your Account name, username or password as a result of anything other than MilesPlay’s error, MilesPlay shall not be liable for any losses suffered.
13. SYSTEM ERRORS
You must inform us as soon as you become aware of any errors with respect to your Account. In the event of any system failure or game error (a divergence from the normal functioning of the game logic for whatever reason) that results in an error in any charges, fees, bonuses or payout, or any currency conversion as applicable, (“System Error”), MilesPlay will seek to place all parties directly affected by such System Error in the position they were in before the System Error occurred. MilesPlay reserves the right to declare null and void any games that were the subject of such System Error and to take any money from your Account relating to the relevant games.
14. SECURITY REVIEW
14.1. To maintain the level of security and integrity in the system, MilesPlay reserves the right to conduct a security review at any time to validate your identity, age, the registration data provided by you, to verify your use of the Services, including but not limited to your compliance with these Conditions and the policies of MilesPlay and your financial transactions carried out via the Services for potential breach of these Conditions and of applicable law (a “Security Review”).
14.2. You authorize us and our agents to make any inquiries of you and for us to use and disclose to any third party we consider necessary to validate the information you provide to us or should provide to us in accordance with these Conditions.
14.3. To facilitate these Security Reviews, you agree to provide such information or documentation as MilesPlay at its discretion, may request (including but not limited to copies of a valid passport/identity card, recent utility bill or bank statement and/or any payment cards used). Failure to supply any requested documentation may result in suspension of your Account.
15. FORFEITURE & ACCOUNT CLOSURE
15.1. MilesPlay reserves the right, in its discretion and in relation to your Account, any related payment service provider account, any accounts you may have with other sites and/or casinos and/or services owned or operated by or on behalf of MilesPlay, to suspend or close your Account, terminate the agreement between you and MilesPlay, withhold your Account balance (temporarily or permanently) and recover from such Account the amount of any affected payout, bonuses and winnings if:
15.1.1. you are in material breach of the Conditions;
15.1.2. you have used or attempted to use the Services for the purposes of fraud, collusion (including in relation to charge-backs) or unlawful or improper activity (including, without limitation, any of the activities described in Section 7); or
15.1.3. you have wrongfully charged back or denied any of the purchases that you made to your Account; or
15.1.4. we are otherwise expressly entitled to under the Conditions.
15.2. In the event that no transaction has been recorded on a Player’s Account for thirty months, MilesPlay reserves the right to close the Account and remit the balance using the last known details of the player. In the event that the player cannot be satisfactorily located within thirty days after the first location attempt then any remaining balance shall be forfeited by the player.
16.1. You are entitled to close your Account and terminate the agreement between MilesPlay and you by withdrawing the entire balance from your Account and sending an email or telephoning us using the details on our Contact Us page. MilesPlay will use reasonable efforts to respond within 48 hours. You continue to be responsible for all activity on your Account until you have received confirmation that your Account has been closed by us.
16.2. MilesPlay is entitled to terminate the agreement between you and MilesPlay and to close your Account by notice to you at the email address you have provided upon Account registration. In the event of termination by MilesPlay, MilesPlay shall, other than where termination is based on your breach of the Conditions, as soon as reasonably practicable refund the balance of your Account. Where MilesPlay has terminated based on your breach of the Conditions, any payouts, bonuses and winnings in your Account are non-refundable and deemed forfeited unless otherwise determined by MilesPlay.
16.3. The Sections of these Terms and Conditions which are required for the purposes of interpretation or enforcement shall survive any termination of these Conditions by either party.
17. LIMITATIONS AND EXCLUSIONS
17.1. MilesPlay is not required to provide redundant or back up networks and/or systems. Use of the MilesPlay Website, any Platform and the Services is at your own risk.
17.2. In no event will we, or any of our parent, subsidiaries, affiliates, officers, directors, agents or employees, accept any liability however arising for any losses (including any direct, indirect or consequential loss or damage) you may incur as a result of using the Services on the MilesPlay Website or any Platform.
17.3. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the MilesPlay Website, any Platform or our games or your downloading any material posted on it or any website linked to it.
17.4. The material displayed on the MilesPlay Website and each Platform and our games is provided without any guarantees, conditions or warranties as to its accuracy.
17.5. Nothing in the Conditions shall affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
18. LINKS FROM THE MILESPLAY WEBSITE
18.1. Where the MilesPlay Website or any Platform contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of these websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them or their use of any information they may acquire about you (including personal data).
18.2. A link from the MilesPlay Website or a Platform does not constitute an endorsement by us of the use of that link, the company or organisation behind that link or the contents of the website reached using that link.
You agree that you will only use the Services provided by MilesPlay in accordance with the Conditions. Any breach of the Conditions by you which results in MilesPlay incurring any losses or costs will render you liable to compensate MilesPlay for any said losses or costs.
20. PRIVACY AND DATA PROTECTION
20.2. Personal Information Capture – MilesPlay collects personal information from visitors to its website through the online registration process and every time you interact with us.
20.3. Use of Personal Information – MilesPlay processes personal information collected via this website for the purposes of: (a) setting up and managing your Account; (b) building up your personal profiles; (c) providing you with information about the MilesPlay promotional offers; and (d) complying with all regulatory requirements, in particular those relating to the identification of individuals under money laundering legislation. Access to personal information is limited to the staff of the MilesPlay and/or its agents in accordance with their roles and responsibilities in managing the above uses in accordance with the UK Data Protection Act 1998. MilesPlay may also share personal information with law enforcement authorities as required.
20.4. MilesPlay may share your personal data with any of its agents who may only use such data for strictly the same purposes as MilesPlay shall specify and within the terms of these Conditions. MilesPlay shall use your personal data in accordance with the Privacy section.
20.5. You should assume that all use of our website, chat, emails and telephone calls between you and MilesPlay will be recorded. These recordings will be the sole property of MilesPlay and may be used as evidence in the event of any dispute or to improve customer care.
21. COMPLAINTS & NOTICES
If you have any complaints, claims or disputes with regard to any outcome regarding the Services or any other activity provided by MilesPlay, you must submit your complaint to MilesPlay in writing as soon as is reasonably practicable following the date of the original transaction to which the claim or dispute refers. Complaints may be submitted by email to support@MilesPlay.com. Any notice we give to you will be sent to the email address that you provide when you register your Account. It is your responsibility to give us notice of any changes to this address through the ‘Change Email’ facility in your Account and to regularly check your email account for emails from MilesPlay.
Where there is any dispute concerning a player’s Account, MilesPlay reserves the right to suspend the player’s Account until a resolution is reached. MilesPlay takes player disputes very seriously and endeavours to take all reasonable steps to investigate and resolve all disputes.
23. MODIFICATION AND AMENDMENTS
We may revise the Conditions at any time by amending them. We will use reasonable endeavours to ensure that any important changes will be notified to you by an appropriate method, such as a notice on the MilesPlay Website or by email. However, it is your responsibility to check the Conditions regularly to take notice of any changes we make, and you agree to do so. Any changes to the Conditions are binding on you from the first time you visit the MilesPlay Website or any Platform after the relevant change. If you do not agree with any changes or additions we make, please refrain from using the MilesPlay Website or any Platform and close your Account in accordance with Section 17.
24. THIRD PARTY RIGHTS
A person who is not party to these Terms and Conditions shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions.
25. GOVERNING LAW
25.1. The English courts will normally have jurisdiction over any claim arising from, or related to these Terms and Conditions, unless you choose the courts of your home in another country of the European Union. We retain the right to bring proceedings against you for breach of these Terms and Conditions in your country of residence or any other relevant country.
25.2. These Terms and Conditions 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) will be governed by and construed in accordance with the law of England and Wales.
These terms were last updated on 17 July 2013 and supersede any previous Terms and Conditions. We recommend players should print out a copy of these terms and conditions.
If you have any questions, please contact our Customer Support Department by email to support@MilesPlay.com.