My Genting Rewards App Terms & Conditions

My Genting Rewards’ App Terms and Conditions

Last updated November 2022

By downloading, installing or using the ‘My Genting Rewards’ App (“App”), you (“you” and “user”) agree to these Terms and Conditions (“Terms”) which govern the relationship between you and Genting through your use of the App. If you do not agree to these Terms, please do not download or use the App.

You must be at least 18 years of age to accept these Terms and to download and use the App. If you are under 18 years of age, you must not download the App and/or should stop using the App immediately if you have already downloaded it.

1. WHO WE ARE

1.1 The App is developed, owned and licenced by Genting Casinos UK Limited (company number 01519689) of Genting Club Star City, Watson Road, Birmingham, B7 5SA (“Genting”, “we”, “us” or “our”).

1.2 Genting is licensed and regulated in Great Britain by the Gambling Commission with account number 537. Genting also owns and operates the land-based casino business to which ‘My Genting Rewards’ and the App relates. For more information about us, please visit our website. Details of our current licensed status as recorded with Gambling Commission can be found HERE.

2. OTHER APPLICABLE TERMS AND CONDITIONS

In addition to these Terms, the following terms and conditions also apply to your use of the App and its features:

2.1 Other Genting terms and conditions: You should also view the 'My Genting Rewards' Terms and Conditions and the Genting Privacy Policy which explains how Genting collects, uses and shares your personal data when you make use of our services, including within our mobile apps. Our Club Rules also apply to Genting’s land-based casino memberships.

2.2 In-App Badges, Challenges, Points, Rewards, Offers, Promotions and other Competitions (together “Promotions”): We may make various Promotions available within the App from time to time. Each is subject to the 'My Genting Rewards' Terms and Conditions and all Promotion-specific terms and conditions that apply. Promotion-specific terms will be accessible via the App.

2.3 Genting land-based casino offers and promotions: The App may contain details of discounts, offers and promotions available across Genting’s land-based casinos (e.g. food and beverage promotions in our bars and restaurants). These are subject to availability at participating casinos, and valid only until any expiry dates shown. Opening and availability times may also differ per casino. Promotion-specific terms may also apply and can be accessed in-club. Genting reserves the right to amend, withdraw or substitute any Promotions at our sole discretion.

2.4 Apple App Store and Google Play Store: The App is currently available for download via the Apple App Store for use with supported iOS devices and the Google Play Store for use with supported Android devices. These Terms supplement the Apple Inc. Media Terms of Service , including the Licensed Application End User terms therein; and the Google Play Terms of Service. Please note that Genting has no control or oversight over the Apple or Google Terms.

3. VERSIONS AND COMPATIBLE DEVICES

3.1 The App is free to download and compatible with supported Apple and Android mobile phone devices only. The App is not currently recommended for use with Apple iPads, Android tablets or other devices and you may experience limited functionality if you attempt to use the App with those devices.

3.2 You are responsible for any devices used to access the App and for ensuring that you have all necessary third-party permissions and consents to use the App on those devices, including from the device owner. You are responsible for complying with these Terms regardless of whether you are the owner of the device. You are also solely responsible for any internet access charges, messaging and data charges, fees and taxes associated with your use of the App.

4. APP FEATURES AND USING THE APP

4.1 My Genting Rewards: The App relates to our ‘My Genting Rewards’ Programme and allows you to track your rewards points, view your offers and complete challenges to earn additional benefits. You can find out more about the ‘My Genting Rewards’ Programme and how points can be redeemed HERE and within the ‘How It Works’ section of the 'My Genting Rewards' Terms and Conditions.

4.2 Genting Casinos membership: You will only be able to register an account within the App if you have a Genting Casinos membership. You will need to use your card number (located on the front of your My Genting membership card) and your DOB to create an account.

4.3 Registration and age restriction (18+): You can register for a Genting Casinos membership in person at one of our UK land-based casinos or online via our website HERE. You must be at least 18 years old to register for membership. We may ask you to provide ID and other documentation to verify your age and identity and to enable us to process your membership application. Membership is at our sole discretion, separate terms and conditions and our Club Rules apply.

4.4 Your license to use the App: Subject to these Terms, you are granted a personal, non-exclusive, non-transferable and revocable license to use the App solely for your own personal, non-commercial purposes in accordance with these Terms. “Use” includes downloading, installing, accessing, interacting with and using the App and its features. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted by these Terms. Genting reserves all other rights.

4.5 Fair use and licence restrictions: Your licence to use the App is at all times subject to the following fair use provisions and licence restrictions. You must not, and must not allow third parties, to:

• (a) use the App or its features if you have self-excluded from gambling with Genting or more widely via national land-based self-exclusion schemes of which we are a participating operator (such as SENSE);
• (b) use the App if you are currently suspended or barred from Genting Casinos, for whatever reason;
• (c) share your My Genting Account with any other person or allow them to use it for their own purposes;
• (d) use the App or its features in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms;
• (e) act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, its features or any operating systems;
• (f) use the App in a manner that is contrary the App’s operating instructions;
• (g) use the App to transmit any material that is defamatory, offensive or otherwise objectionable;
• (h) infringe the intellectual property rights of Genting, its licensors or any third party;
• (i) disassemble, decompile, reverse-engineer, copy in source or object code format, or create derivative works based on the App;
• (j) use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users or their experience;
• (k) collect or harvest any information or data from the App or its users or attempt to decipher any transmissions to or from the servers running the App;
• (l) use or launch any unauthorised technology or automated system to access the App or extract content or data from the App, including but not limited to spiders, robots, screen scrapers, or offline readers; and
• (m) otherwise use the App for any purpose that is prohibited by these Terms, applicable laws or any Other Applicable Terms and Conditions set out in section 2 above.

5. OUR RIGHT TO UPDATE OR TERMINATE THE APP OR YOUR ACCESS TO IT.

5.1 We may, with or without notice, update, modify or terminate the App and its features (or your access to them) from time to time, including where required to update the ‘My Genting Rewards’ scheme, improve App performance and functionality and to reflect changes to our operating environments and security measures. We may make changes automatically by pushing updates to (or removing functionality or access from) the version of the App already installed on your device or by removing its availability from the Apple App Store and Google Play Store. Alternatively, we may ask you to update your installation of the App to give effect to new updates.

5.2 If you decline to accept or install such updates, or if you opt-out of automatic updates (where offered), you may not be able to continue using the App or may experience impaired functionality.

5.3 We may also terminate your rights to use the App or any of its features at any time (with or without notice to you) if:

• (a) you have (or have notified us that you wish to) self-exclude from gambling with Genting or more widely via national land-based self-exclusion schemes of which we are a participating operator (such as SENSE);
• (b) you are or become suspended or barred from Genting Casinos for whatever reason;
• (c) you have breached these Terms; or
• (d) in our discretion, we believe sufficient grounds exist for us to otherwise justify the suspension or termination of your membership and / or use of the App. 5.4 If we terminate your rights to use the App, you must stop all activities authorised by these Terms, including your use of the App and its features and you must delete or remove the App from all devices on which it has been installed.

6. PERSONAL DATA

6.1 Our Privacy Policy describes Genting’s information practices, including how we collect, use and share your personal data as part of our land-based casino services and in relation to our mobile Apps. It also sets out your rights in respect of your personal data, including your right of access to, and right to request erasure of, your personal data and your right to complain to the Information Commissioner’s Office (ICO).

6.2 You agree and confirm that it is your own responsibility to keep your name, contact details and contact preferences up to date and your login-details and membership information secure. You can reset your password within the App via the Main Menu.

6.3 Personal data collected by the App: When you register to use the App, we will collect relatively basic details from you including My Genting card number, DOB, email address and password for your Account. If you are an existing member of Genting Casinos, we will automatically populate the App with certain membership details from our casino management system. The App also includes features that allow you to upload ID and other supporting documentation in response to the mandatory Customer Due Diligence checks we have to carry out as a licenced gambling operator.

6.4 Device and technical data: By downloading and using the App, you also agree to us collecting and using certain technical information about your devices and related software, hardware and peripherals to ensure that the App can be supported.

6.5 Location data: You will also need to enable location services on your device for certain features of the App to work properly, for example, to locate your nearest Genting Casino or to receive notifications about offers local to you. You can turn off this functionality and data collection at any time within your device settings.

6.6 We will use your personal data for the following purposes:

• (a) to register and administer your My Genting Rewards Account and log your points against your My Genting Rewards Card. We will also link this data to your player record (if any) held within our casino management system;
• (b) to administer any specific reward point promotions or offers which we may offer and you may take up from time to time (e.g. double points, enhanced redemption or other offers);
• (c) administer redemptions of Reward Points and/or manual correction of your Reward Point balance (the latter e.g. in the event of error);
• (d) review your gaming activity with us alongside your points accrual to reasonably inform any decision to invite you to join one of our other separate schemes;
• (e) build an individual record of your play, play preference, accruals and redemptions to better inform our overall My Genting Rewards offer and/or specific offers, accruals or redemptions which we think might be of particular interest to you and further to improve your overall experience with us;
• (f) to display your communications history and, where you have signed up to direct marketing, to communicate with you via your preferred communication methods about upcoming rewards, benefits and offers which we believe might be of interest to you;
• (g) we will also use your in-App activity and rewards record to inform the content of our marketing campaigns to help make them more relevant to you;
• (h) we may process your data to meet our legal and regulatory obligations.

6.7 We have implemented and maintain appropriate technical and organisational measures within the App to safeguard your Account and personal data. We may update these measures from time to time to ensure they remain sufficient for this purpose. Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or its features may be read or intercepted by third parties beyond our control.

6.8 Deleting your ‘My Genting Rewards’ account: If you decide the App is not for you, you can delete your account data via the settings area found in the main menu within the App. Please note that this will only delete your ‘My Genting Rewards’ app account information ( username, password, email address, phone number) and not any data that is stored in relation to your Genting Casinos membership more generally. If you do not have access to your app account and wish to delete your ‘My Genting Rewards’ app account please email mygenting@gentinguk.com.

7. IN-APP COMMUNICATIONS AND MARKETING PREFERENCES

7.1 Push Notifications and Messages Inbox features: The App makes use of Push Notifications to update you on in-App events and other notifications of interest. You can disable Push Notifications for the App via your device settings. The App also include an ‘Inbox’ feature which allows us to communicate you (and vice versa) about your Account and use of the App.

7.2 Your marketing preferences: The App also provides access to our marketing Preference Centre allowing you to subscribe or unsubscribe to direct marketing and to select your communication preferences. You can also see a log of past communications issued to you within the last 30 days. When you opt-in to direct marketing, you consent to receive marketing communications from Genting and its associated brands and subsidiary companies in line with your communication preferences. We may also send you non-marketing transactional and other service-related messages using the information you have provided to us from time to time.

7.3 Opting-out of direct marketing. You have a choice as to whether you receive direct marketing from us and how we communicate with you. We currently communicate with our customers via email, SMS, post mail and phone. You can opt-out at any time via the Preference Centre and via the ‘unsubscribe’ or ‘STOP’ options set out at the end of every marketing message. Please note that for some non-marketing service messages, the only way to stop receiving these communications may be to terminate your Genting Casinos membership / My Genting Rewards account.

8. OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS

8.1 Genting intellectual property rights: All intellectual property rights (throughout the world) in or relating to the App and any supporting documentation are and shall remain the exclusive property of Genting Casinos UK Limited and/or its licensors. You have no intellectual property rights in, or to, the App or its features other than the rights to use the App in accordance with these Terms. This includes any and all content on the App, such as, but not limited to, text, images, graphics, logos, page headers, button icons, images, digital downloads, data compilations, software, trademarks, service marks, trade dress, audio, video, data and all other materials (together, “Genting owned Content”). The App is licensed, not sold, to you for download and use in accordance with these Terms. Nothing in these Terms intends to transfer any other rights to, or to vest any other rights in, you.

8.2 User suggestions: Certain features of the App may allow you to send user feedback, survey responses, comments, suggestions, ideas, questions and complaints to Genting (together “user submissions”). You understand that, by submitting any information through the App, you grant Genting a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, sublicense to others, modify, translate, prepare derivative works of, user submissions, including to use them for any commercial or other purposes whatsoever without approval from or compensation to you or any other person. We will never publicly display or share any of your personal data in connection with these purposes unless there is a lawful basis for us to do so.

8.3 Third party intellectual property rights: The App may also contain various third-party names, trademarks, and service marks from time to time (e.g. in relation to social media networks, safer gambling agencies, food and beverage promotions, Events within the “What’s On” section, Apple App Store and Google Play Store) that are the property of their respective third party owners. Nothing in these Terms should be interpreted as granting any licence or right to use any of these intellectual property rights, trademarks or otherwise.

9. WARRANTIES AND DISCLAIMERS

9.1 Genting is not responsible for third-party websites and services: The App may link to or allow you to use independent third-party websites, downloadable materials, content or other digital services which are not provided, owned or controlled by Genting, such as links to social media networks and safer gambling agencies (together, “third-party services”). You will need to make your own independent judgement about whether to visit any such independent sites, including whether to use any products or services offered by them. These third-party services are likely to have their own separate terms and conditions or privacy and cookies policies that you should review and understand before using them. GENTING HAS NOT CHECKED OR APPROVED THEIR CONTENT OR TERMS AND CONDITIONS AND TAKES NO RESPONSIBILITY FOR ANY LOSS OR DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THIRD-PARTY WEBSITES AND SERVICES.

9.2 Limitations to the App: The App and information made available through it are provided for general information and entertainment purposes only. Although we make reasonable efforts to update the information provided by the App (e.g. descriptions of Events and Promotions, this information is not intended to be legally binding and we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

9.3 No Warranties: GENTING LICENCES THE APP "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. GENTING DISCLAIMS ALL WARRANTIES OF SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GENTING DOES NOT WARRANT OR MAKE ANY REPRESENTATION THAT THE APP OR ITS FEATURES WILL BE FULLY FUNCTIONAL ON ANY DEVICE, COMPATIBLE WITH ANY SOFTWARE OR DEVICE, ACCURATE, RELIABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP IS FREE OF VIRUSES OR OTHER HARMFUL MATTER. YOU ASSUME TOTAL RESPONSIBILITY RELATED TO YOUR USE OF THE APP. NEITHER GENTING NOR ANY OTHER PERSON OR ORGANISATION INVOLVED IN PRODUCING OR DELIVERING THE APP ARE RESPONSIBLE FOR, NOR SHALL BE LIABLE (TO THE FULLEST EXTENT PERMITTED BY LAW) FOR, ANY DAMAGE TO OR VIRUSES THAT MAY INFECT YOUR DEVICE OR OTHER PROPERTY AS A RESULT OF YOU DOWNLOADING, INSTALLING, ACCESSING, OR USING THE APP OR DOWNLOADING ANY CONTENT FROM IT.

10. LIMITATIONS AND EXCLUSIONS ON LIABILITY

10.1 Nothing in these Terms is intended to exclude or limit our liability for death or personal injury caused by our negligence; for fraud or fraudulent misrepresentation; or for any other matter that may not be excluded or limited by us as a matter of law.

10.2 Limitations on Genting’s liability: GENTING SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT LOSS OF PROFITS OR DAMAGE (INCLUDING LOSS OF OPPORTUNITY), SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES, LOST DATA, PERSONAL INJURY (WHERE NOT CAUSED BY OUR NEGLIGENCE), OR PROPERTY DAMAGE RELATED TO OR ARISING OUT OF OR IN CONNECTION WITH THE APP AND YOUR USE OF IT. GENTING RESERVES ALL LEGAL RIGHTS TO RECOVER DAMAGES OR OTHER COMPENSATION UNDER THESE TERMS OR AS OTHERWISE PERMITTED BY LAW.

10.3 Maximum liability: If a court of law determines that Genting is liable to you in relation to your use of the App (whether in contract, tort (including negligence) or otherwise, our maximum liability to you will be £50. We shall not be responsible for any loss or damage that is not foreseeable.

11. UPDATES TO THESE TERMS

11.1 We may update these Terms at any time and at our sole discretion. If we make material changes to the Terms, we will notify you by posting the new terms in the App or by way of service message. We may also make changes without notice to you where urgent updates are required to ensure that the App and these Terms remain legally complaint or to preserve data security and integrity. If you do not agree to the changed Terms, then you must stop using the App immediately. You can also delete your My Genting Rewards Account by following the instructions set out in these Terms.

11.2 How to contact us: If you have any questions or comments about the App, please see the Contact Us section within the App or contact us a Genting Casinos UK Limited, Genting Club Star City, Watson Road, Birmingham, B7 5SA.

12. GENERAL

12.1. Governing law and jurisdiction: These Terms and any dispute arising out of them (including all non-contractual matters and disputes) will be governed and interpreted in accordance with English law, notwithstanding any principles of conflicts of law. You irrevocably consent to the exclusive jurisdiction of the courts in England for purposes of any legal action arising out of or in connection with these Terms or the App.

12.2 Events beyond Genting’s control: Genting has no responsibility for failure to perform any of its obligations under these Terms caused by or related to any event beyond our reasonable control.

12.3 Survival: On termination of these Terms or of your rights to use the App, all rights granted to you under these Terms shall cease; however, these Terms will continue to apply to your prior use of the App and anything relating to or arising from such use. Upon termination, all rights of Genting, including all intellectual property rights and proprietary rights survive, as well as all restrictions on use, all limitations on liability and disclaimers.

12.4 Severance: Each of the terms and conditions in these Terms are severable and operate separately. If any of them are unlawful, void or unenforceable, then the remaining terms and conditions will remain in full force and effect.

12.5 Transfer of rights: Genting may transfer its rights and obligations under these Terms to another organisation or entity, but this will not affect your rights or our obligations under these Terms. You are not permitted to transfer your rights or obligations under these Terms to another person.

12.6 No rights for third parties: These Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 for any person who is not a party to these Terms to enforce any part of them.