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Obligation to provide copy of terms and conditions of relevant gambling activity provided by remote means
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172. (1) Subject to subsection (3), a licensee of a remote gambling licence shall ensure that a person is provided with the terms and conditions of a relevant gambling activity—
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(a) when the person accesses the relevant gambling activity by remote means for the first time, and
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(b) on each occasion after the terms and conditions change, when the person accesses the relevant gambling activity by remote means for the first time after such change.
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(2) A licensee of a remote gambling licence shall ensure that where a person accesses a relevant gambling activity by remote means, the person is able at all times to access the terms and conditions of the relevant gambling activity concerned from the licensee’s website.
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(3) The terms and conditions of a relevant gambling activity shall—
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(a) be worded, in so far as is practicable, in clear and plain language,
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(b) be expressly accepted, the first time and on each occasion referred to in subsection (1)(a) and (b), by the account-holder before a relevant payment is accepted by a licensee from the account-holder in respect of the activity, and
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(c) be made available to the person by electronic means in a manner that enables him or her to store and retrieve the terms and conditions.
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(4) A licensee of a remote gambling licence who fails to comply with a provision of this section is guilty of an offence and is liable—
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(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months, or both, or
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(b) on conviction on indictment, to a fine or imprisonment for a term not exceeding 5 years, or both.
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