- "The Official Terms and Conditions of Oulala" are the complete terms and conditions, constituting and governing the contractual relationship, as stated herein, and which the parties, as stated herein, hereby agree upon.
- "Oulala" stands for OulalaGames Limited, a company duly registered under the Laws of Malta; Registration number C59681; Registered Office: 62, Regent House, Bisazza Street, SLM1640, Sliema, Malta; e-mail address: firstname.lastname@example.org; Internet address: www.oulala.com.
- "An Account Holder" is a private individual having a contractual relationship with Oulala and who the holder of the account is referred to hereafter.
- An "Account" is an account created by an "Account Holder" for the sole purpose of playing on Oulala. The "Contract" is the contractual relationship agreed upon between Oulala and an "Account Holder", legally binding to Oulala's official "Terms and Conditions".
- "The Governing Authorities" are the Maltese authorities. "The Governing Law" is the Maltese law. "The Place of the Contract" is Malta.
- "The Site" is the Internet website, accessible through the Internet address www.oulala.com, where all updated and relevant information regarding Oulala's operation and activity is published.
- In the Official Terms and Conditions, a reference to the singular shall include the plural and vice versa, and a reference to the definite shall include the indefinite and vice versa.
II. Opening and using an account
Any person who uses our services and applies for an account acknowledges and accepts all definitions and stipulations as stated in Article 1 and/or in the Oulala Official Terms and Conditions; the Official Terms of Oulala, as published on the Site, as well as all the possible changes made to the Official Rules of Oulala ; that the Place of the Contract is Malta; that the Contract is governed by:
- 1. The Oulala Official Terms and Conditions.
- 2. The decisions made by the Governing Authorities.
- 3. The Applicable Laws of the Place of the Contract.
Oulala reserves the right, at its own discretion and at all times, to:
- refuse to open a game Account and/or close an existing game Account without any explanation and warningly
- decline to accept deposits without any explanation whatsoever
- refuse to send a prize to an Account Holder without any explanation and warning
- ask for documentary evidence of identity (national identity card, passport, driving license or residence permit) and a proof of address from the account holder (household utility bill: gas, electric, water, phone including mobile phone dating from less than 6 months) before sending the prize won by the Account Holder
- any person applying to become an Account Holder acknowledges that he or she has attained the age of 18 years
- suspend and/or cancel the participation of the Account Holder in the Services, and/or forfeit and/or confiscate funds available on their Oulala Account if the Account Holder is found cheating
The Account Holder also recognizes that the Site is strictly forbidden for people under 18 years of age, and that he or she will not assist a minor to create or use an account on the Site.
1. Account holder obligations
- not to be restricted by limited legal capacity
- not to be acting on behalf of another party
- not to be classified as a compulsive problem gambler, and/or be included (whether voluntarily or involuntarily) on any register or database of excluded players
- not to be depositing monies originating from criminal and/or other unauthorized activities
- not to be depositing monies through a Card which the Account Holder is not authorized to use and/or utilizing a Card in a jurisdiction in which betting and gaming are prohibited
- an Account Holder cannot hold more than one account at any given time. Should this be contravened, Oulala reserves the right to close the multiple accounts.
2. Oulala obligations
- manage funds belonging to Account Holders in a secure and appropriate manner; and/or
- the personal data of the Account Holders is managed within the strict boundaries of the law and in conformity with the legal rules of data protection and all similar provisions.
- responsible gaming:set a limit on the amount that the Account Holders may wager or deposit into their Oulala Account within a specified period of time, depending on their country of residence, exclude themselves from playing for a definite period of time.
Oulala reserves the right to close the Inactive Account once the account reaches zero balance. An “Inactive Account" is a Oulala Account which has no record of any log-in and/or log-out for a period exceeding twelve (12) consecutive months.
Subject to the sub-clauses below and without prejudice to Oulala’s right to seek redress under any applicable legislation, regulation, enactment or policy, or under any other provision of the Oulala Rules, Oulala shall have the right to block an Oulala Account when a chargeback has been requested in relation to that Oulala Account.
4. Entry fees
With the exception of free to play leagues for entertainment purposes, each league has a fixed entry fee listed in Euros. When you choose to participate in a paying league, the applicable entry fee will be debited from your Oulala gaming account.
5. Customer funds protection
The company holds customer funds in a separate account similar to a Quistclose trust, to make sure that the customer funds are protected in the case of insolvency. Therefore, in the case of insolvency of the company, the customer funds will be distributed to the customers.
Customer funds are held separately from company funds. Funds coming from client accounts are therefore directed into this client account, which have no links to the company's current accounts.
6. Complaints procedure
- Upon receiving a complaint from a customer (by email), we try our best to resolve it ourselves.
- If the client is not satisfied with our proposed solution, we refer him to contact an ADR (IBAS)
- The services of the ADR is free of charge for the client
- The client is still able to bring proceedings against us in any court of competent jurisdiction
- The terms arrived through the assistance of the ADR will be binding on both parties
- The clients will be given a copy of the complaints procedures on making a complaint
- The clients are able to refer a dispute to ADR different from the one chose by Oulala. Upon doing so, they will have to inform the UK Gambling Commission with the reason why they have chosen to use a different ADR entity
- We keep a record of each unresolved complaint at the first stage of the complaints procedure
- We provide a copy of the decision of each dispute referred to an ADR to the UK Gambling Commission
- We will notify the UK Gambling Commission of each outcome adverse to the Company in any proceedings taken against us
III. Payment rules
- an Account Holder is only allowed to:
- make deposits to his Oulala Account with his personal Card or via his personal account created with one of the Financial Institutions or their licensees
- request withdrawals of funds held on his Oulala Account to his personal account created with one of the Financial Institutions or their licensees.
- Users may cancel entries by clicking on the "Cancel entry" link located on the entry view and/or entry edit view. Upon cancellation of an entry, the user will have his gaming account re-credited to the amount of the entry fee paid to initially enter the league. You may cancel your entry for any league that is unfilled. Within 15 minutes of game start, the cancel entry link will disappear when a league fill. Oulala will not accommodate cancellation requests for entries in filled contests within 15 minutes of game start. Oulala has no obligation to honour cancellation requests that are not received, or which are received after these deadlines, due to technical difficulties or other reasons. Also, Oulala will not accommodate requests to cancel matched Head to Head entries.
- Oulala reserves the right to cancel any league that lacks a full group of users when the league is scheduled to begin. Users who entered this incomplete league will therefore have their gaming accounts re-credited to the amount of the entry paid to initially enter the league.
- Oulala also reserves the right to cancel contests at our discretion, without any restrictions. This would typically be done only in cases where we believe that due to problems on the Service or events impacting the sporting events, there would be a widespread impact on the integrity of contests.
IV. Security rules
- Oulala maintains strict confidentiality in all relations with Account Holders.The only exception to this rule is in the event of a court order and/or in the event that the Account Holder breaches the Oulala terms of service
- the Account Holder can choose his or her own username and password. It is the responsibility of the Account Holder not to divulge this confidential and private information. If the Account Holder has reasons to believe that this information has fallen into the hands of a third party he or she must immediately get in touch with Oulala Customer Service: email@example.com. Oulala keeps a copy of all electronic communications sent via the Internet
- card deposits may, from time to time, be partially and/or fully declined subject to certain security systems managed in collaboration with a Payment Solution Provider and/or a Financial Institution. Such security measures may decline Cards that are legitimate, but which nevertheless it may not be possible to process at a particular time. Oulala’s personnel do not control the said systems, nor do they have any knowledge of the reasons for any deposits being declined
- Oulala reserves the right to ask the Account Holder to provide documentary proof of his or her identity ; and/or his or her domicile /residence ; and /or proof of the veracity of other information furnished by the Account Holder
- In case of suspicious activity from an Account Holder, Oulala reserves the right to ask for a proof that the Card used in the Account indeed belongs to the Account Holder. Therefore, the Account Holder would then be asked to provide Oulala with a copy of the said Credit Card, with the expiration date AND the eight (8) middle digits of the Card's number hidden. It is essential that the Account Holder hides these mentioned information for security reasons.
- Oulala applies the rules in force related to its field of activity to protect the confidentiality of the personal data of its Account Holders, such as firewalls and Secure Socket Layers
- Oulala considers the data to be intangible property which must be protected in order to prevent loss and unauthorized access
- Oulala has put into place various security measures in order to prevent unauthorized access by users both within and outside the company.
Without excluding other grounds for appeal, Oulala reserves the right to give any Account Holder a warning, to temporarily or indefinitely suspend his or her membership, to cancel such membership or to not provide him or her with its services:
- if an Account Holder violates the present Terms and Conditions or the documents therein referred to
- if Oulala is unable to check or to authenticate information provided by the Account Holder
- if Oulala thinks that the behavior of the Account Holder is prejudicial to or can incur the liability of Oulala, its employees, its shareholders, its managers, or its users.
- making deposits to his Oulala Account via a third party’s Card or account
- requesting withdrawals from his Oulala Account to a third party’s account
- providing incorrect details of his personal account for the purpose of withdrawals from his Oulala Account
- allowing third parties to use his Oulala Account to make deposits to or withdrawals from his Oulala Account
- if the Account Holder behaves aggressively or insults other members of the Oulala community on the Forum, Blog page, or any other social media pages belonging to Oulala
Oulala reserves the right to ask any of the Account Holders, at any moment, to provide documentary evidence of his/her identity.
VI. Legal actions and appeals
Oulala reserves the right, at any time and at its own discretion, to settle any litigation according to the principles of equity.
VII. RESPONSIBLE GAMING
Oulala provides a Self-Exclusion option designed to enable to close your account for a specified period of time. Thus, an account holder may choose to set a limit to exclude themselves from playing from:
- One week
- One mointh or
- Such other period as the customer may reasonably request, up to a maximum of 6 weeks.
This prevents you from playing on Oulala for your selected period of time. During this period of self-exclusion it will not be possible to re-open your account for any reason, and Oulala will be vigilant in detecting and closing any new accounts you may open. When setting a self-exclusion period, the customer’s account will be closed and the funds will be returned to their account.
An Account Holder who has set a limit as above may then choose to change the limit in the Oulala account settings under ‘My Account’, then ‘Responsible Gambling Controls’ and finally ‘Self Exclusion’.
Alternatively you can contact one of our Customer Support Agents through our Live Chat or by email at firstname.lastname@example.org. Oulala will not accept a wager from an Account Holder that is contrary to the limit or exclusion set by themselves.
In the case that Oulala believes an Account Holder’s wagering will cause them financial strain or personal difficulties, then Oulala reserves the right to close their account.In addition, we recommend that you seek support and advice from a problem gambling support organisation during such a period of self-exclusion.
In the case that you choose to self-exclude from Oulala, we strongly recommend that you seek exclusion from all other gaming operators that you hold an account with.
We also recommend that you remove Oulala from your notifications and unsubscribe from the Oulala weekly newsletter. Additionally, if you use any Social Media channels such as Twitter, Facebook or Google+ it would be beneficial to ensure that you do not receive any of our updates or notifications.
At the end of the exclusion period we will require email confirmation from you in order to have access to your account with us. After processing your instruction, we will leave at least 24 hours before opening your account again in order to give you the chance to reconsider your decision, should you wish to do so. If during this 24 hour period you do change your mind, you have the opportunity to self-exclude again. During this period of time ‘cash out’ will be unavailable.
Management of customers’ gaming behaviours may be facilitated by setting a limit on the amount the customer can deposit into their Oulala account over a specific time period. The deposit limit option enables you to limit the amount of money that you are able to deposit into your account, be it:
• Daily (00h to the subsequent 00h GMT+1),
• Weekly (Monday 00h to the subsequent Monday 00h GMT+1) or
• Monthly (1st of the month 00h to subsequent 1st of the following month 00h GMT+1).
In the event of a decision to reduce the amounts, the reduction in your limits will be executed immediately. An increase in your deposit limits will be implemented 24 hours after the request has been made. Your confirmation is required on any deposit limit once the 24 hours has passed as well as before the increased limit has been implemented.
You can set your deposit limits either when registering your account on the registration page or by going to "My Account" and "Settings and limits" if you are already an existing customer.
This will also inform you of the remaining amount available to deposit as well as any pending increases you have requested.
In the event that a customer has accounts across more than one brand on the same software and wishes to apply a limit across more than one brand, then a limit must be applied on each account individually in order to reach the required total deposit limit.
Deposit limits are set to the individual account number and not your payment method. Should a customer create a duplicate account without setting up deposit limits, the customer will be liable for any deposits on the account.
18+: It is illegal for anyone under the age of 18 to open an account and/or to play for cash prizes on Oulala. Oulala reserves the right to request proof of age from any customer and may suspend an account until sufficient verification is received.
VIIi. Liability limitations
- the Account Holder agrees to disengage Oulala, its parents and subsidiary companies, its managers and employees, from any liability for any damage linked with the use of its site, whatever the cause of this injury may be. Oulala simply offers the technical means for the managing of virtual teams by its Account Holders and cannot be held liable for the actions of the Account Holders
- without limiting the other articles of the present general Terms and Conditions, Oulala cannot be held responsible for damages resulting from the loss, alteration or fraudulent access to data, accidental transmission of a virus through e-mails issued by the Customer Care Service or other harmful items, the attitude, conduct or behavior of a third party or of another Account Holder, even if the possibility of such prejudice was known or could have been foreseen by Oulala
- without limiting the other articles of the present general Terms and Conditions, if Oulala incurs liability, whatever the cause or form of the action, it cannot exceed, for all damages considered together, five hundred (500) Euros
- without limiting the other articles of the present general Terms and Conditions, Oulala’s liability, whether it is criminal, tortuous or contractual, cannot be incurred for facts resulting from a case of force majeure, a fortuitous event or facts occurring because of a third party or of the victim suffering the damages
- the parties acknowledge that a fortuitous event can be technical problems and breakdowns from hardware, programs, software or the Internet network including, but not limited to, interruption, discontinuance or closure of the service. The Account Holder acknowledges that Oulala cannot be held responsible for damages linked to or resulting from these problems. Oulala does not guarantee that the service offered will be continuous, without temporary or indefinite interruption, without discontinuance or without any error
- Oulala uses statistics from OPTA, a specialist provider of sports data to the biggest international media companies. The OPTA statistics are in all circumstances the only way to count the Oulala points. Even in the case of error (by OPTA), Oulala reserves the right to not rectify, à posteriori, the distribution of points allotted to its customers.
ix. Confidentiality of personal information and data
Oulala will do its utmost to ensure an optimum level of confidentiality and data protection for its customers.
X. Compensatory damages
The Account Holders agrees to defend and indemnify Oulala, its affiliates, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal, judicial and accounting fees, brought by third parties as a result of :
- a breach of these Web Site Terms, Conditions and Notices or the documents referenced herein
- a violation of any law or the rights of a third party; or
- a use of this Web site.
Xi. Applicable law
The present regulation is governed in all respects by the Laws of Malta. Malta has exclusive jurisdiction to settle any conflict which could ensue from the interpretation or from the execution of the present regulation.
The Oulala site may contain hypertext links to other Internet sites. Oulala cannot be held responsible for the content or services of external sites, the operation or access to these sites, relationships between the Account Holder and owners of these sites. Oulala does not approve and is not responsible for the content, opinions, products or services sold on these external sites. Oulala cannot be held responsible in any way for damages or losses brought about through the use of these external sites.
XIIi. Intellectual property
- the Account Holder acknowledges and accepts that the content of the site and, in particular, but not exclusively, the texts, photographs, videos, software and programs, sounds, music, page setting, graphic charter, logos, design or any other information or format presented by Oulala or its advertisers, are protected by copyrights, trademarks, brand, patent and any other intellectual or industrial property rights acknowledged as belonging to them according to the laws in force
- the Account Holder can in no way use, print or reformat the content of the site for purposes other than for private or family use. He or she accepts not to download, copy, transmit, sell or distribute the content of the site without express authorization from Oulala
- each party acknowledges that the information and databases accessible on the Oulala site are the exclusive property of Oulala. The use of this data by an Account Holder should remain limited to a private or family context. For example, this information cannot be used for commercial purposes, be reproduced on an Internet website, or be compiled through a search engine, meta-search engine or web spider
- the scoring system used by Oulala to calculate the outcomes of its Fantasy Football game is visible to all Account Holders on the Website. This scoring system has been legally trademarked and anyone seeking to use it, copy it, or take inspiration from it would be facing legal actions from Oulala.
XIv. Miscellaneous provisions
Oulala reserves the right to subcontract or transfer the rights and obligations of the present agreement to a third party. The fact that Oulala tolerates an Account Holder'sfailure to fulfill the obligations of this agreement, or not to use a right owed through this agreement, can in no way mean that it ever secedes its rights.
The title of the articles of this user agreement is only indicative and cannot alter or modify, in whatever way, the terms of this agreement.
In the event that any provision in this agreement is considered illegal by a legal or regulatory provision, at present or in the foreseeable future, or is pronounced to be so through a legal decision given by a competent body in a relevant jurisdiction, the said provision shall be annulled and considered as if it had never been written, whilst all of the other provisions in this agreement retain their binding force between the parties.
XV. CHANGES IN T&C
Before the implementation of any changes to our terms and conditions, the following rules will apply:
- Clients will be notified by email with the changes to be added to the terms and conditions
- Upon logging in into their accounts, clients will see an opened window, describing all new changes to be added to the terms and conditions. Clients will be asked to read them carefully and to accept them before being able to move forward and carrying out their gaming activities.