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Terms & conditions


1. INTRODUCTION
1.1 Welcome to our application (the “app“). This app is published by and on behalf of The Last Player Standing Limited (“TLPS” or “We” or “Us“) a company registered in Ireland under company number 537401 whose registered office is Drinan Enterprise Centre, Swords, Co Dublin, IRELAND

1.2 By downloading or otherwise accessing the app you agree to be bound by the following terms and conditions (“Terms“) and our privacy policy and our cookies policy. These terms relate to both the TLPS website (“theastplayerstanding.com”) and the TLPS app, and interpretation should be made on the grounds that gaming may only be carried out on the TLPS app.


1.3 If you have any queries about the app or these Terms, you can contact us by any of the means set out in section 21 of these Terms. If you do not agree with these Terms, you should stop using the app immediately.


2. GENERAL RULES RELATING TO CONDUCT
2.1 The App is made available for your own, personal use. The app must not be used for any commercial purpose whatsoever or for any illegal or unauthorised purpose. When you use the app you must comply with all applicable UK laws and with any applicable international laws, including the local laws in your country of residence (together referred to as “Applicable Laws”).
2.2 You agree that when using the app you will comply with all Applicable Laws and these Terms. In particular, but without limitation, you agree not to:
2.2.1 Use the app in any unlawful manner or in a manner which promotes and/or encourages illegal activity including (without limitation) copyright infringement; or any of the conditions set out in part 4 of these terms and conditions; or

2.2.2 Attempt to gain unauthorised access to the app or any networks, servers or computer systems connected to the app; or

2.2.3 Modify, adapt, translate or reverse engineer any part of the App or re-format or frame any portion of the pages comprising the app, save to the extent expressly permitted by these Terms or by law.

2.2.4 You agree to indemnify TLPS and its group companies in full and on demand from and against any loss, damage, costs or expenses which they suffer or incur directly or indirectly as a result of your use of the app otherwise than in accordance with these Terms or Applicable Laws.



3. OPENING YOUR ACCOUNT
3.1 In order to play the game via the app, You will need to open an account with TLPS (“Your Account”).
3.2 For various legal or commercial reasons, TLPS are currently unable to allow downloading of the app, or operation of it by users in any countries other than the UK, Ireland. We do not permit accounts to be opened by, or used from, customers based outside these jurisdictions, including The United States of America. The implication of this requires that;
3.2.1. The app may only be downloaded from app stores in the UK and Ireland.
3.2.2. Use of the app will be limited to UK and Ireland via IP restrictions on the app
3.2.3 This list of jurisdictions may be changed by us from time to time with or without notice. You agree that You shall not open an account, nor attempt to use Your Account, if You are based in these jurisdictions.
3.3 In order to open Your Account for use of the app, You should follow the instructions on the “Register”, “Getting Started” or similar links on the app.
3.4 When You open Your Account You will be asked to provide us with personal information, including your full name, email address, a username of your selection and date of birth (“Your Contact Details”). You will verify your age by self-declaration confirming that You are 18 years of age or older. You may update Your Contact Details from time to time by contacting customer services as in section 21 of these terms.
3.5 You hereby acknowledge and accept that, by using the app, there is a risk that You may, as well as winning money, lose money through playing the game and being unsuccessful in reaching a prize winning position.
3.6 Your Account must be registered in Your own, correct, name. You may only open one account with us in relation to the app and with only one credit/debit card. Any other accounts which You open with us in relation to the app shall be “Duplicate Accounts”. Any Duplicate Accounts may be closed by us immediately and:
3.6.1 all transactions made from the Duplicate Account will be made void;
3.6.2 all deposits made using that Duplicate Account will be returned to You; and
3.6.3 any returns, winnings which You have gained or accrued during such time as the Duplicate Account was active will be forfeited by You and may be reclaimed by us, and You will return to us on demand any such funds which have been withdrawn from the Duplicate Account.
3.7 Implication of these terms means the TLPS app will not be available for download in the USA or any of its territories and whilst any users are within its borders the app will be restricted from use. In addition TLPS have put in place restrictions on being able to accept any USA registered VISA or MasterCard payments via its payments systems operator Realex Payments Limited. These restrictions may be lifted at a later date once US legal authorisation to operate is cleared and confirmed consistent with section 3.2.3 of these terms.
3.8 TLPS restrictions comprise of;
3.8.1 IP rejection for any non EU state
3.8.2 Our payment provide, Realex payments, will reject any US registered credit card or payment method.
3.8.3 Download of the app is restricted to ONLY UK and Irish app stores.
3.8.4 If a user requests a withdrawal of funds and are found to be NON EU based by address or any other means then this will be deemed invalid.
3.8.5 A copy of the users Passport will be requested should any irregularity be found pursuant to section 4 of these terms..



4. VERIFICATION OF YOUR IDENTITY; MONEY LAUNDERING REQUIREMENTS, LEGAL AGE FOR USE
4.1 You warrant that:
4.1.1 You are not younger than the greater of the age:
4.1.1.1 of 18 (eighteen) years; or
4.1.1.2 at which gambling or gaming activities are legal under the law or jurisdiction that applies to You (“the Relevant Age”); and
4.1.2 the contact details You supply when opening Your Account are correct; and
4.1.3 You are the rightful owner of the money which You at any time deposit in Your Account.
4.2 By agreeing to the Terms of Use You authorise us to undertake any such verification checks from time to time as we may require ourselves or may be required by third parties (including, but not limited to, regulatory bodies) to confirm these facts (the "Checks"). You agree that from time to time, upon our request, You may be required to provide additional details in respect of any of such information You have provided us, of any deposits which You have made into Your Account.
4.3 Whilst we are undertaking any Checks from time to time, we may restrict You from withdrawing funds from Your Account and/or prevent access to all or certain parts of the Website. Please note that we may from time to time re-perform the Checks for regulatory, security or other business reasons. If such any such restrictions cause You a problem, please contact customer services.
4.4 In certain circumstances we may have to contact You and ask You to provide further information to us directly in order to complete the Checks. If You do not or cannot provide us with such information then we may suspend Your Account until such time as You have provided us with such information, and/or permanently close Your Account.
4.5 It may be an offence for persons under the Relevant Age to make use of the Website. If we are unable to confirm that You are the Relevant Age then we may suspend Your Account until such time that we are able to confirm that You are the Relevant Age. If You are subsequently proven to have been under the Relevant Age at the time You made any gambling or gaming transactions with us, then:
4.5.1 Your Account will be closed;
4.5.2 all transactions made whilst You were underage will be made void, and all related funds deposited by You will be returned;
4.5.3 any stakes for bets at made while You were underage will be returned to You; and
4.5.4 any winnings which You have accrued during such time when You were underage will be forfeited by You and You will return to us on demand any such funds which have been withdrawn from Your Account.

5. USERNAME, PASSWORD, PIN and CUSTOMER INFORMATION
5.1 After opening Your Account, You must take all reasonable steps to avoid disclosing (whether deliberately or accidentally) Your username or password to anyone else. All transactions made where Your username and password have been entered correctly will be regarded as valid, whether or not authorised by You, and we shall not be liable for any claims in the event that You disclose Your username or password to anyone else.
5.2 If You have lost or forgotten Your Account details please contact us immediately for a replacement through Customer Services, details of which can be found in section 11 of these terms or at the “contact us” page on the app and website www.thelastplayerstanding.com.

6. DEPOSITS AND WITHDRAWALS FROM YOUR ACCOUNT AND SEGREGATION OF FUNDS
6.1 If You wish to participate in tournaments using the app, You must deposit monies into Your Account. Such monies may then be used by You to play tournaments on the app. Further details of how to deposit, withdraw and transfer funds can be found in the ‘Help’ section of the app.
6.2 You further agree not to make any charge-backs, reversals or otherwise cancel any deposits into Your Account, and in any such event to refund and compensate us for such unpaid deposits including any expenses incurred by us in the process of collecting Your deposit.
6.3 Your Account is not a bank account and is therefore not insured, guaranteed, sponsored or otherwise protected by any deposit or banking insurance system or by any other similar insurance system. Any monies deposited with us in Your Account shall not attract any interest. Monies deposited with us are held under a normal bank account in the name of the The Last Player Standing Limited, which holds the monies in the account on trust for You and other persons entitled. As such, in the event of our insolvency, You would be entitled to claim any monies held on trust for You in such an account but would be subject to any insolvency practitioner / liquidators prioritization of creditors for reimbursement, You would have no protection under any statutory deposit guarantee scheme.
6.4 Pursuant to section 6.3, The Last Player Standing Limited are required, under their UK Gambling Commission licence compliance conditions, to inform all players (You) and potential players of the limits of protection of their deposited funds should The Last Player Standing Limited enter into insolvency or liquidation proceedings. The UK Gambling commission have graded the level of protection as being basic, medium or high. These ratings are;
6.4.1 Basic – Segregated Accounts
Customer funds are kept in accounts separate from business accounts but they would form part of the assets of the business in the event of insolvency. These accounts may include bank accounts, investment accounts and other accounts.
6.4.2 Medium - Quistclose or equivalent
Customer funds are kept in accounts separate from business accounts; and arrangements have been made to ensure assets in the customer accounts are distributed to customers in the event of insolvency. The arrangements falling in the medium category include Quistclose accounts and insurance arrangements.
6.4.3 High - Independent trust account
Customer funds are held in a formal trust account which is legally and in practice separate from the affairs of the company, and is verified by and subject to controls by an independent trustee or external auditor.
You should be clear that (on the basis of the current UK regulators grading structure) the protection of your funds on deposit with The Last Player Standing is classed at a basic level in the event of the company becoming insolvent or entering into liquidation.
6.5 You are responsible for reporting Your winnings and losses, if such reporting is required by Your local law or tax or other authorities.
6.6 TLPS set a deposit limit on all registered accounts in any one (1) day. These limits are
6.5.1 a minimum deposit of €5 to cover a single tournament entry which may be used at Your discretion or left on account for future use not withstanding any risk as outlined in section 6.3 of these terms, and
6.5.2 a maximum daily deposit limit of €100 to protect against any such criminal activity as outlined in section 4 of these terms.
6.7 Subject to section 7 (Closure of Your Account; Termination of the Terms of Use), You may request withdrawal of funds from Your Account at any time provided that:
6.7.1 all payments made into Your Account have been confirmed as cleared and none have been charged-back, reversed or otherwise cancelled;
6.7.2 any Checks referred to in section 4 of these terms have been completed by us to our satisfaction. For this purpose, we will further be entitled, at our sole discretion, to require that You provide us with, and You agree to so do, a notarised ID or any equivalent certified ID according to the applicable law of Your jurisdiction or otherwise, proof of address, utility bills, bank details, bank statements and bank references; and
6.7.3 You have complied with any other relevant withdrawal conditions in respect of, and can be found on the app.
6.8 On any withdrawal approved by us, and provided that You give us sufficient information as to how the funds should be transferred to You, we will return the relevant funds to You in accordance with section 6.2 (less charges incurred or any required amount from Your withdrawal in order to comply with any applicable law).
6.9 We will attempt to accommodate Your request regarding the payment method and currency of payment of Your withdrawal. This, however, cannot be guaranteed. Therefore, we may process and pay withdrawals in a different payment method than the one requested by You, such as through different payment providers, a bank draft or wire transfer. Similarly, in certain cases, the currency of Your withdrawal may not be the currency in which Your deposit was made or that was otherwise requested by You.
6.10 We will hold monies in the deposit account referred to in paragraph 6.3 as trustee for You and not as Your banker or debtor. Therefore, notwithstanding any other provision in the Terms of Use, we will deal with Your money as a trustee, and no such provision shall create or give rise to any obligation on the part of the TLPS to repay money to You as Your debtor.
6.11 Where You have participated in a “Free entry” tournament and have made no prior deposit of funds with TLPS then You will need to take one of the following actions in order to facilitate the withdrawal request made by yourself;
6.11.1 Make a deposit via debit or credit card of your choice not withstanding a minimum deposit level of €5 outlined in point 6.5.1. This will allow age verification to be completed via our third party process with GB Group PLC. Once age verification is complete then Your deposit and the amount you requested to withdraw will be paid to the same card you deposited with.
6.11.2 You can supply to TLPS a registered PayPal account email address and we will transfer Your funds to this account on the basis you have correctly followed PayPal registration procedure and are verified as eighteen years of age or greater as PayPal account registration stipulates.
6.11.3 You can supply to TLPS your full name and address combined with a scan or copy of supporting documentation to verify You are aged eighteen years or greater. Such documentation must include Your name and date of birth such as a driving licence or passport. Once TLPS have viewed Your documentation and verified your age TLPS will issue a cheque for your funds withdrawn to the name and address you have supplied.
6.12 Should You not carry out any of the actions outlined in point 6.11 in a reasonable time then TLPS will return Your funds requested for withdrawal to your registered TLPS account and held in situ until such time as You proceed with any action outlined in point 6.11.


7. CLOSURE OF YOUR ACCOUNT; TERMINATION OF THE TERMS OF USE
7.1 Closure and Termination by You
7.1.1 You are entitled to close Your Account and terminate the Terms of Use on not less than four (4) working days’ notice to us at any time, provided that Your Account does not show a balance is due to us, by contacting us, in each case clearly:
7.1.1.1 Indicating Your wish to close Your Account; and
7.1.1.2 Stating the reasons why You wish to close Your Account, in particular if You are doing so because of concerns over the level of Your use of the same.
7.1.2 We will respond to Your request, confirming closure of Your Account and the date on which such closure will be effective, within a reasonable time, provided that You continue to assume responsibility for all activity on Your Account until such closure has been carried out by us.
7.1.3 The Terms of Use shall terminate with effect from the date on which the closure of Your Account takes effect. When You request closure of Your Account we will return any outstanding balance in Your Account to You, using the same method of payment which You provided upon registration of Your Account, or such other accepted updated payment methods with which You have provided to us subsequently, except where we are withholding such monies pursuant to section 4 and 8 of these terms, (Verification of your identity; Money laundering requirements, Legal age for use, Fraud and Criminal Activity)
7.1.4 Where You have closed Your Account, we may in certain circumstances be able to re-open Your Account with the same account details as before if You request us to do so. In such circumstances, while Your Account will have the same account details as before, it will be subject to the Terms of Use which are in force at the date of any such re-opening; and any prior entitlements (including, but without limitation, to contingent winnings) will no longer be valid.
7.2 Closure and Termination by TLPS
7.2.1 If Your Account remains inactive for a continuous period of twenty four (24) months or more, we may close or suspend Your Account without notice. In the event of such account closure, the Terms of Use will be terminated automatically from the date on which such termination takes effect.
7.2.2 We are entitled to close Your Account and terminate the Terms of Use on written notice (or attempted notice) to You using Your Contact Details. In the event of any such termination by us, other than where such closure and termination is made pursuant to sections 4 and 8 of these terms (Verification of your identity; Money laundering requirements, Legal age for use, Fraud and Criminal Activity), as soon as reasonably possible following a request by You we will refund the balance of Your Account using the same method of payment which You provided upon registration of Your Account, or such other accepted updated payment methods which You have provided to us subsequently.
7.2.3 Where we close Your Account and terminate the Terms of Use pursuant to sections 4 and 8 of these terms (Verification of your identity; Money laundering requirements, Legal age for use, Fraud and Criminal Activity), the balance of Your Account will be non-refundable and deemed to be forfeited by You.

8. COLLUSION, CHEATING, FRAUD AND CRIMINAL ACTIVITY

8.1 If You are entered in tournaments via the app (i.e. against third parties) You cannot see who You are playing against and they may be:
8.1.1 colluding with other third parties; and/or
8.1.2 using unfair external factors or influences (commonly known as cheating); and/or
8.1.3 undertaking fraudulent activities to Your disadvantage and their advantage.
Such practices are not permitted and we will take all reasonable steps to prevent them; detect them and the relevant players concerned if they do occur; and deal with the relevant players appropriately. We will not be liable for any loss or damage which You or any other player may incur as a result of collusive, fraudulent or otherwise illegal activity, or cheating, and any action we take in respect of the same will be at our sole discretion.
8.2 If You suspect a person is colluding, cheating or undertaking a fraudulent activity, You shall as soon as reasonably practicable report it to us by e-mailing or telephoning TLPS as indicated in section 21 of these terms.
8.3 You agree that You shall not participate in or be connected with any form of collusion, cheating or fraudulent practice, or otherwise any other criminal activity, in connection with Your access to or use of the app. Any breach of this section of the terms by You will be a material breach of the Terms of Use.
8.4 If:
8.4.1 we have reasonable grounds to believe that:
8.4.1.1 You have participated in or have been connected with any form of collusion, cheating, unfair or fraudulent practice, or otherwise any other criminal activity; or
8.4.1.2 You have, in relation to any tournament currently being played or having been played, gained an unfair advantage over TLPS or any other person participating in the relevant game; or
8.4.1.3 a game in which You participated included the use of collusive or fraudulent practice, or any cheating; or
8.4.2 we become aware that You have placed bets and/or played online games with any other online provider of gambling services and are suspected (as a result of such play) of collusion, cheating or fraud (including in relation to charge-backs), or otherwise any criminal or otherwise improper activity;
8.4.3 we become aware that You have "charged back" or denied any of the purchases or deposits that You made to Your Account; or
8.4.4 You become bankrupt or suffered analogous proceedings anywhere in the world,
then we shall have the right to suspend Your Account for an indefinite period of time; and/or withhold the whole or part of balance of Your Account; and/or close Your Account and terminate the Terms of Use; and/or recover from Your Account the amount of any pay-outs, bonuses or winnings which have been affected by the event(s) contemplated in paragraphs 8.4.1 to 8.4.4 (inclusive) above.
8.5 For the purposes of paragraph 8.4.1:
8.5.1 the basis of our belief shall include the use by us (and by our gaming partners and our other suppliers) of any fraud, cheating and collusion detection practices which are used in the gambling and gaming industry at the relevant time;
8.5.2 a “fraudulent practice” shall include the use by You or any other person who was participating in the same game as You at any time, of a stolen, cloned or otherwise unauthorised credit or debit card, as a source of funds;
8.5.3 a “criminal activity” shall include money laundering; and
8.5.4 an “unfair advantage” shall include: the exploitation of a fault, loophole or error in our software (including a tournament); or the exploitation by You of an ‘Error’ as defined in section 9 of these terms.
8.6 Where we exercise our rights under section 8.4 pursuant to the ground in paragraph 8.4.1, we undertake to thoroughly investigate the grounds for our belief (which may be after we have initially suspended Your Account or withheld the balance of Your Account, as the case may be) in accordance with our usual practices and to our satisfaction, and that we shall complete such investigations in a timely manner. We undertake that we will use all reasonable endeavours to ensure that, while complying with our regulatory and other legal obligations, we exercise our rights in this paragraph in a manner which is fair to You and to our other customers.
8.7 We reserve the right to inform relevant authorities, other online gaming or gambling operators, other online service providers and banks, credit card companies, electronic payment providers or other financial institutions of Your identity and of any suspected unlawful, fraudulent or improper activity, and You agree to cooperate fully with us to investigate any such activity.


9. ERRORS OR OMISSIONS

9.1 A number of circumstances may arise where a tournament is entered, or a payment is made, by us in error. A non-exhaustive list of such circumstances is as follows:
9.1.1 where we mis-state any terms of tournament prize to You as a result of obvious error or omission in inputting the information, or as a result of a computer malfunction;
9.1.2 where we have continued to accept entries or selections to a tournament or any later subsequent rounds to that tournament, or any re-buys which should have been closed to such entries, including where the relevant tournament is in progress or had already finished (sometimes referred to as ‘late entries’);
9.1.3 where an error is made by us as to the amount of winnings/prizes that are paid to You, including as a result of a manual or computer input error (commonly referred to as a ‘settlement error’),
any such circumstances being referred to as an “Error”.
9.2 We reserve the right to correct any Error made on a tournament entry fee and re-settle the same at the correct terms which were available or should have been available through TLPS (absent the publishing error) at the time that the entry was placed and the entry will be deemed to have taken place on the terms which were usual for that entry.
9.3 Any monies which are credited to your Account, or paid to you as a result of an Error shall be deemed to be held by You on trust for us and shall be immediately repaid to us when a demand for payment is made by us to You. Where such circumstances exist, If You have monies in Your Account we may reclaim these monies from Your Account pursuant to section 8.4 of these terms. We agree that we shall use all reasonable endeavours to detect any Errors and inform You of them as soon as reasonably practicable.
9.4 Neither we (including our employees or agents) nor our partners or suppliers shall be liable for any loss including loss of winnings that results from any Error by us or an error by You. You will forfeit any winnings/losses that result from any such Error.
9.5 Where You have used monies which have been credited to Your Account or awarded to You as a result of an Error to place subsequent entries in tournaments, we may cancel such entries withhold any winnings/prize monies which You may have won with such monies, and if we have paid out any such prizes, such amounts shall be deemed to be held by You on trust for us and shall be immediately repaid to us when a demand for payment is made by us to You.

10. BREACH OF THE TERMS OF USE
10.1 You shall compensate us in full for any claims, liabilities, costs, expenses (including legal fees) and any other charges that may arise as a result of Your breach of the Terms of Use or any breach by You or by any other person using Your Account (whether or not with Your authority) of any laws of any jurisdiction which is applicable to You, the Website.
10.2 Where You are in material breach of the Terms of Use, we reserve the right, but shall not be required, to:

10.2.1 Provide You with notice (using Your Contact Details) that You are in breach; requiring You to stop the relevant act or failure to act, and/or requiring You to put right an act or fault on Your part; and warning You of our intended action if You do not do so; and/or
10.2.2 suspend Your Account so that You are unable to enter tournaments on the app for such period as we may determine; and/or
10.2.3 close Your Account and terminate these Terms of Use, with or without prior notice from us.
10.3 We have the right to disable any user identification code or password, whether chosen by You or allocated by us, at any time, if in our reasonable opinion You have failed to comply with any of the provisions of the Terms of Use.
10.4 In addition to any other remedy available, if You materially breach any of the Terms of Use Your winnings will be forfeited. In these circumstances TLPS may retain any positive balance then existing on Your Account.


11. CONTENT
11.1 The copyright in all material contained on, in, or available through the App including all information, data, text, music, sound, photographs, graphics and video messages, the selection and arrangement thereof, and all source code, software compilations and other material (“Material“) is owned by or licensed to TLPS or its group companies. All rights are reserved. You can view, print or download extracts of the Material for your own personal use but you cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the Material without TLPS’s express permission.

11.2 The trademarks, service marks, and logos (“Trade Marks“) contained on or in the App are owned by TLPS or its group companies or third party partners of TLPS. You cannot use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Trade Marks without the prior written consent of TLPS or the relevant group company or the relevant third party partner of TLPS.


12. LINK TO THIRD PARTIES
12.1 The App may contain links to websites operated by third parties (“Third Party Websites“). TLPS may monetise some of these links through the use of third party affiliate programmes.
12.2 Notwithstanding such affiliate programmes, TLPS does not have any influence or control over any such Third Party Websites and, unless otherwise stated, is not responsible for and does not endorse any Third Party Websites or their availability or contents.


13. TLPS PRIVACY POLICY
13.1 We take your privacy very seriously. TLPS will only use your personal information in accordance with the terms of our privacy policy and cookies policy. By using the App you acknowledge and agree that you have read and accept the terms of our privacy policy and cookies policy and these Terms.


14. DISCLAIMER / LIABILITY
14.1. Use of the app is at your own risk. the app is provided on an “as is” basis. to the maximum extent permitted by law:
(a) TLPS disclaims all liability whatsoever, whether arising in contract, tort (including negligence) or otherwise in relation to the app; and
(b) all implied warranties, terms and conditions relating to the app (whether implied by statue, common law or otherwise), including (without limitation) any warranty, term or condition as to accuracy, completeness, satisfactory quality, performance, fitness for purpose or any special purpose, availability, non-infringement, information accuracy, interoperability, quiet enjoyment and title are, as between TLPS and you, hereby excluded. in particular, but without prejudice to the foregoing, we accept no responsibility for any technical failure of the internet and/or the app; or any damage or injury to users or their equipment as a result of or relating to their use of the app. your statutory rights are not affected.
14.2 TLPS will not be liable, in contract, tort (including, without limitation, negligence), under statute or otherwise, as a result of or in connection with the App, for any:
(i) economic loss (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or
(ii) loss of goodwill or reputation; or
(iii) special or indirect or consequential loss.

14.3 If TLPS is liable to you directly or indirectly in relation to the app, that liability (howsoever arising) shall be limited to:
(a) fifty pounds sterling (£50.00); or
(b) the sums paid by you upon purchasing the app, or any in-app spend, including subscriptions, whichever is greater.
14.4 Nothing in these Terms shall be construed as excluding or limiting the liability of TLPS or its group companies for death or personal injury caused by its negligence or for any other liability which cannot be excluded by English law.


15. SERVICE SUSPENSION
15.1 TLPS reserves the right to suspend or cease providing any services relating to the apps published by it, with or without notice, and shall have no liability or responsibility to You in any manner whatsoever if it chooses to do so.


16. ADVERTISERS IN THE APP
16.1 We accept no responsibility for adverts contained within the App. If you agree to purchase goods and/or services from any third party who advertises in the App, you do so at your own risk. The advertiser, not TLPS, is responsible for such goods and/or services and if you have any queries or complaints in relation to them, your only recourse is against the advertiser.


17. TOURNAMENTS
17.1 If you take part in any tournament which is run in or through the App (“Tournament“), you agree to be bound by the rules of that tournament, and any other rules specified by TLPS from time to time (“Tournament Rules“), and by the decisions of TLPS, which are final in all matters relating to the competition pursuant to section 18.3 of these terms (complaints and arbitration).
17.2 TLPS reserves the right to disqualify any entrant and/or winner in its absolute discretion without notice in accordance with the Competition Rules pursuant to sections 4 and 8 of these terms(Verification of your identity; Money laundering requirements, Legal age for use, Fraud and Criminal Activity).
17.3 Tournaments will usually contain a full fixture list for any given league pertaining to an individual tournament e.g. ten fixtures in any round for a tournament pertaining to the English Premier League. The number of fixtures will vary (depending on the specific league a tournament is linked to) and TLPS will endeavour to always run any round of a tournament with the complete fixture list for that round. However TLPS reserve the right to forego a round of fixtures when the number of fixtures being played falls below 80% of the originally scheduled official fixture list. The reduction of a scheduled fixture list may be due to; adverse/extraordinary weather conditions, cup tournament commitments, rescheduling demands of TV companies, all of which are beyond the control of TLPS. In order to comply with regulatory obligation on committing to open and fair play TLPS will move all tournament rounds based on a fixture list with less than 80% completeness to the next available list of fixture where the schedule is 80% complete or better. This rule will apply to all tournaments relating to any given league regardless of which round any specific tournament is in at the time such an event may occur.
17.4 Occasionally TLPS will offer a “Free Entry” tournament whereby the entry cost to You entering into such a tournament will be €0. Should a You wish to avail yourself of a re-buy option You progress through the tournament then this re-buy fee will not be free and You will need to deposit funds in order to utilise Your re-buy option. The fee for a rebuy in any tournament will always be communicated to You prior to entering a free tournament via a tournament information summary shown to You prior to accepting the standard rules of the tournament and entering. Should You progress in a free tournament to a prize winning position then Your winnings will be placed into Your TLPS account. If a You subsequently wishe to withdraw these funds You will need to follow the procedures stipulated in point 6.11 of these terms and conditions so as to legally transfer those funds to You under current TLPS licence conditions.

18. COMPLAINTS AND ARBITRATION

18.1 No claim or dispute with regard to the acceptance or settlement of a tournament which You have entered via the app will be considered more than thirty twenty six (26) weeks after the date of the original transaction to enter the disputed tournament takes place.
18.2 If You wish to make a complaint regarding the app, deposits or payments to You, as a first step You should as soon as reasonably practicable contact TLPS customer services about Your complaint. As stated in section 17.1 of these terms the decision of TLPS is final in all matters relating to the competition / tournament rules and should a player continue to dispute this they agree to seek and accept the ruling of the Alternative Dispute Resolution (ADR) service. The player will incur no cost in seeking or using this dispute resolution service and the ADR contact details are shown in section 18.3.
18.3 If there is a dispute arising from these Terms of Use which cannot be resolved by TLPS customer services, it should be referred, prior to taking any other steps, for adjudication by the Independent Betting Adjudication Service (IBAS), who can be contacted as outlined here
Independent Betting Adjudication Service
PO Box 62639
London
EC3P 3AS

Telephone:020 7347 5883
Fax:020 7347 5882
Webpage www.ibas-uk.com
Email:adjudication@ibas-uk.co.uk

18.4 In the event of any dispute, both You and TLPS agree that the records of the server shall act as the final authority in determining the outcome of any claim.
18.5 When we wish to contact You, we may do so using any of Your Contact Details. Notices will be deemed to have been properly served and received by You immediately after an e-mail is sent or after we have communicated with You directly by telephone (including where we leave You a voicemail), or three (3) days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and; and in the case of an email, that such email was sent to the specified email address (if any) in Your Contact Details at the time that any such e-mail was sent.


19. GENERAL
19.1 These Terms (as amended from time to time) constitute the entire agreement between you and TLPS concerning your use of the App.

19.2 TLPS reserves the right to update these Terms from time to time. If it does so, the updated version will be effective immediately, and the current Terms are available through a link in the app to this page.
19.3 You are responsible for regularly reviewing these Terms so that you are aware of any changes to them and you will be bound by the new policy upon your continued use of the app.
19.4 No other variation to these Terms shall be effective unless in writing and signed by an authorised representative on behalf of TLPS.

19.5 These Terms shall be governed by and construed in accordance with English law and you agree to submit to the exclusive jurisdiction of the English Courts.

19.6 If any provision(s) of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties (as reflected in the provision(s)) and all other provisions shall remain in full force and effect.

19.7 TLPS’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by TLPS in writing.

19.8 Unless otherwise expressly stated, nothing in the Terms shall create any rights or any other benefits whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise in favour of any person other than you, TLPS and its group of companies.


20. RESPONSIBLE GAMING/GAMBLING

20.1 For those customers who wish to restrict their gambling, we provide a voluntary self-exclusion policy, which enables You to close Your Account or restrict Your ability to deposit funds or enter any tournaments for a minimum period of six (6) months. You can ask that the restriction lasts for a period of up to 5 (five) years.
20.2 If You wish to self-exclude you can select an option in Your account page of the app which will inform TLPS automatically of your intent. TLPS customer services will contact you directly to confirm suspension of your account and registered card details will no longer be accepted for deposits. If you require any further information relating to this facility please speak to TLPS customer services as outlined in section 21 of these terms.
20.3 We will use our reasonable endeavours to ensure compliance with self-exclusion. However You accept that we have no responsibility or liability whatsoever if You continue gambling and/or seek to use the app and we fail to recognise or determine that You have requested self-exclusion in circumstances which are beyond our reasonable control. For example including but not limited to You opening a new account using a different credit/debit card registered in Your name.
20.4 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. The Helpline number for GAMCARE when calling from the UK is 0845 600 0133; this number may not be available from outside the UK.
20.5 TLPS is committed to supporting Responsible Gambling initiatives.


21. CONTACT US
21.1 You can contact the TLPS customer services team at The Last Player Standing Limited, Drinan Enterprise Centre, Swords, Co Dublin, IRELAND, telephone 00353 766060044, email: info@thelastplayerstanding.com

22. YOUR PERSONAL INFORMATION
22.1 All information on Your Account held by us is securely data warehoused and remains confidential except where otherwise stated in the Terms of Use (including, for the avoidance of doubt, the Privacy Policy).
22.2 We are required by law (in particular by the Data Protection Act 1998 in the UK) to comply with data protection requirements in the way in which we use any personal information collected from You in Your use of the Website. We therefore take very seriously our obligations in relation to the way in which we use Your personal information.
22.3 When You use the app it will be necessary for us to collect certain information about You, including Your name and date of birth, Your Contact Details, and may also include information about Your marketing preferences (all of which shall be known as “Your Personal Information”).
22.4 By providing us with Your Personal Information, You consent to our processing Your Personal Information, including any of the same which is particularly sensitive:
22.4.1 for the purposes set out in the Terms of Use (including the Privacy Policy); and
22.4.2 for other purposes where we need to process Your Personal Information for the purposes of operating the app,
including by sharing it with our service providers and agents for these purposes, for example to our providers of postal services, marketing services and customer services agents. We may also disclose Your Personal Information personal data in order to comply with a legal or regulatory obligation.
22.5 We will retain copies of any communications that You send to us (including copies of any emails) in order to maintain accurate records of the information that we have received from You.