1. IBAS will only adjudicate on Disputes when:
(a) the Operator holds an Operating Licence from the Gambling Commission and the Dispute concerns a wager which is subject to the laws of England and Wales, or Scotland; save that IBAS may, in its absolute discretion, deal with Disputes arising in other jurisdictions; and
(b) the Operator is registered, or becomes registered with IBAS, prior to the adjudication of the Dispute; and
(c) the Dispute is not the subject of any court action, unless referred to IBAS by the Court; and
(d) The Disputed wager does not involve issues which are properly the concern of the Gambling Commission under the terms of an Operating Licence, or the possible breach of the terms of the Gambling Act 2005 and its subordinate legislation, or any other issue, which, in the absolute discretion of IBAS, is judged by IBAS to be of a type which is more appropriately dealt with by another Authority or the Courts.
2. IBAS will only consider Disputes relating to Operators who are registered with IBAS. However, Operators will be allowed to register with IBAS after the commencement of a Dispute, but registration must be complete before IBAS will commence its adjudication procedure. Registration completed after commencement of a Dispute process will be subject to the payment of a Registration Fee to be determined by IBAS.
3. Operators apply for registration by full completion of IBAS's ‘Gambling Operator's Registration Form' and submission of the form together with a copy of the Operator's current trading rules to IBAS. Alteration to trading rules must be notified to IBAS as soon as reasonably practical. Registration is maintained by compliance with these Terms and Conditions and payment of any registration fees. IBAS may, in its absolute discretion, refuse to register an Operator.
4. Once IBAS has accepted an Operator's registration, IBAS will send the Operator its information sheets and Dispute handling literature which the Operator should display in all licensed premises. IBAS will also grant the Operator the right to use the IBAS logo, and the Operator should display this on, or near, point of sale material and as a prominent part of any computer-provided services.
5. Operators must state within their terms of trading that they are registered with IBAS and the circumstances in which unresolved Disputes will be referred to IBAS. Operators must notify Customers of their right to refer Disputes to IBAS, in an impartial and informative way.
6. Operators must review all Disputes brought to their attention by their Customers prior to referral to IBAS. As soon as it becomes apparent to an Operator that they are unable to resolve the Dispute to the satisfaction of all parties, they should without delay invite the Customer to refer the Dispute to IBAS.
7. Customers may refer a Dispute to IBAS at any time following the conclusion of the Operator's review of the Dispute, so long as this is within six months of the date when the Dispute arose, although IBAS will, on an exceptional basis, accept referrals outside this period if it considers it just to do so. When considering any Dispute, IBAS may take account of all of the surrounding circumstances, including, for example, a bet or account transactions that pre-date the immediate subject matter of the Dispute.
8. When a Dispute is referred to IBAS, the Customer will be requested to make a written submission setting out all of their reasons for believing that they are entitled to their claim. The submission should include the full circumstances of the Dispute and, where relevant, reference to any relevant rules of the Operator. The Customer should also send any documents or evidence held including statements from any witnesses, and an indication of any evidence relevant to the Dispute which the Customer believes that the Operator might hold.
9. Upon receipt of a completed claim form from a Customer, and following clarification of any queries, IBAS will require the Operator to make a full written submission to IBAS of the circumstances of the Dispute. Any submissions should be made by a senior member of the Operator’s staff, and should include details as to the primary point of contact which should be used by IBAS.
10. The submission should include any staff comments or actions and where possible provide supporting evidence of all factual assertions, including all relevant data stored on computer systems. Operators should refer to the relevant part of their rules and say how they apply in the circumstances of the Dispute. Operators should say if they do not have a rule covering the circumstances of the Dispute, or if the Customer could not have been aware of the rule in question for whatever reason. Where Disputed wagers have involved communication systems and/or technology, the Operator must submit a report into their systems that addresses the issue giving rise to the Dispute.
11. IBAS reserves the right to discontinue its investigations into a Dispute if the Operator or Customer has in IBAS's view made a deliberate attempt to mislead, or omitted to mention material facts, or does not comply with other requirements set out within these Terms and Conditions, or any agreement between IBAS and the Operator or if, in its absolute discretion, IBAS judges the submissions made to be spurious or frivolous.
12. Following receipt of submissions, IBAS may question either party and require further explanation, or the production of further evidence relating to the Dispute. This may include, but is not limited to, evidence of the circumstances in which the Operator's terms of trading, odds, and rules of specific games or wagers were made available or drawn to the Customer's attention.
13. Once a Dispute has been accepted by IBAS for consideration and enquiries have been completed by IBAS it will be submitted to the IBAS Panel for adjudication.
14. IBAS expects Operators to make payment of any undisputed part of a wager to a Customer with whom they are in Dispute, at the earliest opportunity. IBAS will not commence adjudication until any undisputed part of a wager or an account balance has been settled. If an Operator makes a goodwill payment in respect of any Disputed claim, or part of a claim, before the IBAS adjudication procedure has commenced, then unless it is accepted in writing by the Customer as being in full settlement of his claim, IBAS will continue to investigate it.
15. Customers may request IBAS to cease adjudication of their Dispute at any time. IBAS will then ask the Customer to sign a letter confirming their request to end the adjudication process.
16. Operators must maintain all relevant records and data relating to Disputes until after the Dispute is settled, or IBAS has issued a ruling with which the Operator has complied.
17. Operators and Customers in a Dispute which has been referred to IBAS should refrain from contacting each other and discussing the Dispute. If the Operator wishes to make an offer to the Customer to settle the Dispute after the IBAS adjudication process has commenced, it should submit details of the proposed settlement to IBAS. IBAS will then suspend the adjudication and communicate the offer to the Customer requesting acceptance or rejection within 21 days. IBAS will notify the Operator of the Customer's decision.
18. If the Customer rejects the offer, IBAS will resume the adjudication process without allowing the fact of the offer to influence its decision. If the offer is accepted, this will be treated as in full and final settlement of the Dispute and IBAS will conclude the adjudication process. If an Operator pays a goodwill payment to the Customer, other than in accordance with this procedure, then the adjudication process will continue, unless and until the Customer withdraws the claim.
19. Operators and Customers are expected to keep the details of the Dispute and IBAS's ruling confidential and, in particular refrain from making any public comment during or after the Dispute process. IBAS reserves the right not to adjudicate on any future Dispute brought by a party that has previously broken confidentiality. The obligation to observe confidentiality will not apply insofar as either party is required to provide information to a regulator, or in the course of legal proceedings.
20. As part of the adjudication process IBAS must notify Operators of the name of the complainant. In addition, IBAS may disclose facts about the nature of any Dispute and its ruling on its website or annual report, and to other Operators, but will not disclose the identity of the parties to the Dispute.
21. IBAS will at all times store all data and documents securely and act in accordance with the Data Protection Act 1998. It must be understood by Operators and Customers that the special nature of the adjudication process relating to Disputed wagers is facilitated by the maintenance of confidence. Accordingly IBAS will maintain the confidence of submissions, save in instances where it is obliged to disclose material to its legal advisors or any relevant regulatory body, or as required by law.
22. IBAS may provide any information that it holds to the Gambling Commission, at the request of, and subject to its Information Sharing Agreement with the Commission, where it considers this to be of relevance to the pursuit of the licensing objectives as set out within section 1 of the Gambling Act 2005.
23. At the conclusion of IBAS's adjudication process, the IBAS Panel will issue a ruling in writing which IBAS will notify simultaneously to the Customer and Operator.
24. The IBAS ruling will be binding on all parties to the Dispute and will conclude IBAS's handling of the Dispute and its obligation under these Terms and Conditions to the Customer and Operator. IBAS will not then enter into correspondence in relation to a Dispute with either party unless IBAS in its absolute discretion considers it appropriate.
25. IBAS may, in its absolute discretion, undertake a review of a ruling which it has issued but then only in exceptional circumstances and provided that a request for review is received within 40 days of the notifying of the decision to the parties. The decision to review will rest solely with the Chief Executive and will only be undertaken if there is compelling evidence to suggest that a ruling may have been wrong, for example, if it is clear that the Panel has adjudicated upon the basis of factually incorrect information or if it appears that there has been an obvious misinterpretation of the relevant rules. The parties will be informed as soon as reasonably practical of a decision to refuse a review and in the event of a review being undertaken, IBAS will notify the parties of the outcome of the review simultaneously.
26. The IBAS Chief Executive will investigate any complaint received from a Customer or Operator against IBAS concerning the way it has handled a Dispute or the conduct of any member of IBAS's staff or Panel.
27. IBAS, the individual Panel Members and its employees will have no liability to either Operator or Customer or any other party to a Dispute in relation to any ruling, any review of a ruling, or any other part of the adjudication process for any loss howsoever caused.
28. IBAS expects Operators to act in good faith in handling Disputes with Customers both before and after any referral to IBAS. Operators must not directly or indirectly intimidate or use duress in their dealings with Customers, IBAS staff or IBAS Panel Members. IBAS reserves the right, in its absolute discretion, to de-register an Operator in the event of serious or persistent breaches of this term.
29. IBAS may also de-register an Operator if, in its absolute discretion, IBAS decides that there has been a material breach of any of these Terms and Conditions, or of any other Agreement between IBAS and the Operator, including in particular the failure of an Operator to comply with an IBAS ruling.
30. In cases of de-registration, the Operator must remove the IBAS logo from all materials, documentation, computer-provided services, or TV broadcasts (including via SIS) and any mobile platforms. The Operator must also remove from public display any material provided by IBAS, and must not claim that IBAS acts as its independent party in the adjudication of Disputes. IBAS will notify the Gambling Commission of the de-registration of an Operator and the reasons for the de-registration.
31. IBAS reserves the right to refuse to investigate a Dispute, or continue with a pending adjudication process if, in its absolute discretion it decides that a Customer has seriously or persistently been responsible directly or indirectly for intimidation or duress in dealings with IBAS staff or Panel Members, or has otherwise acted abusively or unreasonably.
32. By its registration the Operator accepts that these Terms and Conditions will apply to the resolution of any Dispute, and by referring a Dispute to IBAS, the Customer accepts that these Terms and Conditions will govern the handling of the Dispute.
33. These Terms and Conditions are to be construed according to English law.
34. If an Operator decides to discontinue IBAS registration it must notify IBAS in writing
35. Operators and Customers will be responsible for all their own costs in relation to any Disputes referred to IBAS.
36. IBAS may in its absolute discretion make changes to these Terms and Conditions from time to time. The current version is available on the website www.ibas-uk.com and the version applicable at the time of receipt of the claim will govern the relevant Dispute.
Any person who places a wager with an Operator.
The Independent Betting Adjudication Service.
Any provider of gambling services that holds an operating licence from the Gambling Commission, or is based in a foreign jurisdiction and whose registration is accepted by IBAS.
The independent expert adjudicators to whom IBAS refers Disputes to prepare a ruling that will determine the outcome of the Dispute.
A disagreement between a Customer and an Operator as to the return anticipated by a customer from a wager, or an account transaction, or a credit promised and which has not been resolved by the Operator to the Customer's satisfaction.