Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
By using our site and/or by opening an Account and/or by using the services available, you confirm that you accept these terms and conditions and that you agree to comply with them. For the avoidance of doubt, your use of the services which we provide will constitute acceptance of these terms and conditions, to include any amendments thereto.
If you do not agree to these terms and conditions, you must not use our site.
Other applicable terms
Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.
Our KYC/AML Policy, which sets out information about the Know Your Client and Anti-Money Laundering Policies on our site
Information about us
Our site is operated by Who Knows Wins Ltd ("We/WKW"). We are registered in England and Wales under company number 09261438 and have our registered office at Who Knows Wins Limited, c/o Capital Law Limited, Capital Building, Tyndall Street, Cardiff CF10 4AZ.
We are a limited company.
WKW has a license granted and updated by the United Kingdom Gambling Commission on 30 November 2018, Licence Number 000-043397-R-322936-005. The United Kingdom Gambling Commission can be contacted at www.gamblingcommission.gov.uk/. Under legislation in the United Kingdom, online gambling debts are enforceable in law in the United Kingdom.
Changes to these terms
We will notify members of any changes that have been made, as they are binding on you.
Changes to our site
We may update our site from time to time and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.
We do not guarantee that our site, or any content on it, will be free from errors or omissions.
We may be required to suspend or terminate the services due to regulatory or legal requirements or the requirements of the United Kingdom Gambling Commission.
Your Account and password
You must be over 18 years of age to create an Account on our site and to join a League.
In order to register an Account with us you hereby agree, warrant and represent that:
you are a resident of the United Kingdom; and
you are at least 18 years of age.
We reserve the right to ask for proof of age and proof of residential address from any customer and customer accounts may be suspended until satisfactory proof is provided. We are obliged to inform you that underage gambling is an offence;
you are entirely responsible for complying (and that you comply) with the laws of England and Wales concerning betting and gaming prior to opening an Account, and paying the Joining Fee and thereafter placing any bets, stakes or wagers within the League (together "Bets") or using the services.;
you are not prohibited for any reason from betting with us or from using the services; and
you have not excluded yourself, and neither we nor any other operator has excluded you, from gambling.
WKW shall not be liable for any breach of any local laws that may occur as a result of your using the services.
In the event that you are found to have breached any of the terms in this section:
we may cancel any Bet you may have placed;
we shall not be obliged to pay any winnings which might otherwise have been payable in respect of any Bet you placed; and
we may refer the matter to the police or any other appropriate regulatory authority.
Opening an Account
When opening an Account, you are required to choose your own username and password. It is your responsibility to ensure that these details are kept private, as you are responsible for all Bets accepted within a League on your Account. If you lose or forget your username and/or password, or if you are concerned that a third party is aware of them, you should change your password details immediately.
All payments made to you as part of a withdrawal of funds following winning a Bet placed in a League will be made to this same debit or credit card.
We are required by law to verify your name, age and residential address prior to allowing you place bets or deposit funds in to your Account. You may also be required to provide the following as part of the verification process:
A copy of your driver’s license or passport with photograph or alternative government ID; or
A current copy of a bank statement or utility bill (not less than 3 months old) as a means of proof of residential address.
If documents are not received due to an invalid email address on our system, or lack of response from you, we reserve the right to cancel all Bets placed by you.
You are only permitted to open one Account. If we discover that you have opened multiple Accounts we reserve the right to close all Accounts and cancel any outstanding Bets.
Joining a League, placing Bets, payment and withdrawals
To participate in a League, you shall pay the Joining Fee for that League as specified on the league information.
You agree to pay monies for the Joining Fee by our accepted deposit methods to an account with us in line with our procedures against which you shall be able to use our services.
You are obliged to check that the Bet instructions you have submitted are correct before confirming the Bet. We reserve the right not to accept.
We reserve the right to propose a different stake size or price for the selection on any Bet.
Bets placed by credit or debit card, do not become valid until WKW has received payment. In the event that such payment is not forthcoming before the event that the Bet is on commences, then that Bet is automatically void.
We do not accept Bets by post or e-mail. WKW staff cannot place online bets on behalf of customers.
A Bet is deemed to be valid only following confirmation of acceptance, and the Bet being logged on our server. This acceptance is demonstrated with the generation of confirmation that you have joined the applicable League.
We cannot be held responsible for a Bet not being placed for any reason, including but not limited to; computer malfunctions and failure of telecommunications services or internet connections. We will not honour Bets that have been submitted to us, but not confirmed in the manner described above.
In the event that a sum is mistakenly credited to your Account, WKW shall be entitled to make the appropriate adjustment to/from your Account.
In the event that a sum is mistakenly credited to your Account, and this money is withdrawn, then you must reimburse the sum immediately upon request.
Betting is the term used to place wagers on any event available on our mobile Application.
We reserve the right to void any part of any, or all, Bets on any event that is not completed i.e. was abandoned or postponed for any reason, including but not limited to:
adverse weather conditions, injuries, or drop-outs;
where a blatant or palpable error is made in transmission on any event on which we have purported to offer Betting, or;
where we have reasonable grounds to believe that a Bet is placed after the outcome of an event is known, we reserve the right to void the Bet.
Please note that WKW shall not be liable for any delay in relaying up-to-date information.
Winnings & Payment
WKW shall receive 5% of the accumulated Joining Fees within a League following completion of the applicable Betting event. Following this deduction, winnings will be credited to the winner’s Account within 14 working days following the outcome of the Betting event, as published and finalised within the relevant sporting event. All payments made to a winner as part of a withdrawal of funds will be made to the same debit or credit card as used by the winner to pay the Joining Fee. In the event of this not being possible, payments will be made by cheque, bank transfer or cash in accordance with the personal details stored in the customer’s Account.
Please note that your bank can take up to 5 working days to return withdrawals to your debit or credit card. Our preferred method of payment is to return funds directly to the debit or credit card used to pay the Joining Fee.
Any queries over a Bet claim should first be e-mailed to us. We will make every effort to resolve the matter in a mutually satisfactory manner.
We may use your username and/or first name and/or initials and region and any winnings you may have had for advertising or promotional purposes without additional compensation.
Any monies deposited with us are protected in the event of our insolvency by virtue of such monies being held by our bank in designated client accounts separate from our own accounts. In respect of Great Britain customers, our licence from the UK Gambling Control Commission (“UKGC”) requires us to inform our Great Britain customers about what happens to funds which we hold on account for them, and the extent to which such funds are protected in the event of insolvency (https://www.gamblingcommission.gov.uk/for-gambling-businesses/Compliance/General-compliance/What-you-need-to-tell-us/Protecting-customer-funds.aspx). We hold customer funds separate from company funds in a client account separated from our normal business accounts; and arrangements have been made to ensure assets in the customer accounts are distributed to customers in the event of insolvency in line with the Gambling Commission’s guidelines for a Medium level of protection.
Who Knows Wins provides a self-exclusion facility to help you if you feel that you have developed a gambling problem. For information on problem gambling generally, please follow the links at the bottom of this and/or other pages of the mobile application or our website (www.whoknowswins.com).
At your request, we will as soon as is reasonably practicable apply best practices to prevent you from using your Account indefinitely. To this end, we may retain such personal data as is necessary (and for as long as is necessary which may be indefinitely) to implement the facility as effectively as possible, including for example your name, address and credit/debit card details.
Our self-exclusion facility involves a joint commitment between Who Knows Wins and you. We will take reasonable steps to prevent you re-opening your Account or opening a new Account but you must not attempt to re-open your Account or to try and open new Accounts. We shall not be liable if you circumvent our self-exclusion procedures and continue to use our Services or if you continue to gamble with any third party.
To activate our self-exclusion facility, please click on the “Leave Who Knows Wins” option within the Account Details section of this App, or contact customer services using the contact information on the bottom of this page.
For help, support and advice about problem gambling, please visit https://www.begambleaware.org or call the National Gambling Helpline on 0808 8020 133
Intellectual property rights
We are the owner or the licensee of all intellectual property rights arising from our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
You must not use any part of the content on our site, including the use of WKW’s registered trade marks for commercial purposes without obtaining a licence to do so from us or our licensors.
No reliance on information
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied that the content on our site is accurate, complete or up-to-date.
Limitation of our liability
You herby accept that by using the services, there is a risk that you may, as well as winning money, lose money. You agree that your use of the services is at your own risk and we accept no responsibility and shall not be liable for any consequences that are alleged to have occurred through your use, or misuse, of the services. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of WKW when opening an Account or placing a Bet.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
use of, or inability to use, our site;
use of or reliance on any content displayed on our site;
Failure of any equipment or software, wherever located or administered, or whether under our direct control or not, that may prevent the operation of our services, impede services, impede the placing of Bets or the acceptance of Bets, or prevent you from being able to contact us.
We will not be liable for:
loss of profits, sales, business, or revenue;
loss of anticipated savings;
loss of business opportunity, goodwill or reputation; or
any indirect or consequential loss or damage.
Our site is not for commercial use. Our site is for personal and private use only.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
Whenever you make use of a feature that allows you to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
The views expressed by other users on our site do not represent our views or values.
You are solely responsible for securing and backing up your content.
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
Linking to our site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our site in any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.
Third party links and resources in our site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.
We have no control over the contents of those sites or resources.
As a consumer, please note that these terms and conditions, it’s subject matter and its formation, are governed by the laws of England and Wales. You and we both agree to that the courts of England and Wales will have exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
Disputes & Governing Law
Should there be any claim or dispute relating to Bet(s), please Contact Us. Our procedures for complaints are set out on the mobile application. If we are unable to settle the dispute, we will refer the dispute to the following arbiters:
Sports betting related: Independent Betting Adjudication Service (IBAS). If you wish to contact IBAS, email: firstname.lastname@example.org or write to: IBAS, PO Box 62639, London, EC3P 3AS.
All other offerings UK Gambling Supervision Commission (IOMGSC) through https://www.gamblingcommission.gov.uk/home.aspx
The arbiter’s decision will be final (save in respect of any manifest error) subject to full representation being given to all parties involved.
Who Knows Wins Know Your Customer (KYC) & Anti-Money Laundering (AML) Policy
All online gambling operators are required by law and via their licence codes and conditions to take steps to help ensure that gambling is fair and open, is not linked to crime, and promotes a safe gambling environment. This includes collecting customer information for age, identity, address and source of funds where necessary.
Our Verification Process
In order to prevent under age gambling and to verify your identity, we will, in accordance with Gambling Commission Licence regulations, check your name, address and date of birth to confirm your age and identity. This process will be automatically carried out during the sign up process. If for any reason the verification check is unsuccessful, we will notify you immediately and we will need to carry out further checks before you are able to deposit funds in to your account and place bets. In these instances we will request proof of ID in the form of a passport, driver’s licence or other recognised government issued document which can be scanned and uploaded for approval.
Should the ID document verification process fail, and in certain circumstances in line with our due diligence obligations we reserve the right to request further information in order to verify your identity and the source of funds you are using to place bets with. This could be in the form of:
Proof of earnings such as a payslip;
A bank statement/savings account that clearly shows consistent incoming values from an identifiable source
A Trust deed clearly showing a consistent entitlement to funds;
Dated proof of an award/payment made to you;
Other clear evidence that would support "affordability" in relation to your business with us
How will we use this information?
Why do we ask for this information?
All betting and gaming operators licensed by the Gambling Commission have the same responsibility to conduct Know Your Customer checks and should as a minimum, verify your name, address and date of birth prior to allowing you to gamble. The information we request not only satisfies our regulatory commitments but also protects our users from fraud, identity theft and under age gambling.
What if I don’t give you the information/documentation?
If you refuse to give us the relevant information or we are unable to make contact with you to request further documentation, your account will be restricted until we are able to obtain this. Unfortunately, further business may not be accepted if the requested information is not provided.
Where can I learn more about the requirements?
We would be happy to provide you with any additional information that you require, simply contact a member of our team for help. Alternatively you can view the requirements via the Gambling Commission’s website at www.gamblingcommission.gov.uk
WKW and Who Knows Wins are UK registered trade marks of Who Knows Wins Limited.
To contact us, please email email@example.com
Thank you for visiting and using our site.