MENU

Newsletter Signup

Forum

Terms of use for Dispute Resolution service

INDEX

Last updated – 18th of June 2016.

ThePOGG.com has been providing Dispute Resolution services since 2012. Since that time we have managed disputes for players located in an assortment of countries with casinos located in the same or different countries.

Our services are free of charge for both players and casinos. Our Dispute Resolution Official (ADR Official) is employed by ThePOGG.com via a fixed salary. The resolution of any dispute has no impact on our Dispute Offical’s earnings.

Our Dispute Resolution service is open to all players registered with ThePOGG.com. (To register, click here). Players can submit a complaint electronically by clicking here. Alternatively players can submit their complaint via email to webmaster@thepogg.com or via postal mail to ThePOGG.com, PO BOX 2089, Livingston, EH54 0GF.

Please note – use of any of the information or services on this site will be considered to be an acceptance of all of the relevant terms of use.

Use of the Dispute Mediation section

By submitting a complaint to ThePOGG.com you are agreeing to all of the terms and conditions for use of this site including the terms specifically related to the use of the Dispute Mediation section.

  • Our Dispute Resolution service is open to all users registered with ThePOGG.com. To register, click here.
  • If for any reason you cannot access this site or register for an account you can submit your complaint in writing to ThePOGG.com, PO BOX 2089, Livingston, EH54 0GF. Please be aware that there will be longer delays in processing any complaints submitted in this manner.
  • If during the management of the complaint you are required to provide us with any supporting evidence this can be submitted via email at webmaster@thepogg.com or via post at the above address. File sizes too large to be received by email can be accommodated upon request.
  • You hereby give assurance that during your time playing with the affected casino that you have followed all of the terms, conditions and rules put in place relevant to that casino at the time of signing up and at the time of any disputed transactions, if relevant.
  • You agree that once the complaint is submitted, you will actively take part in the subsequent discussion and mediation process. If you fail to respond within the relevant time frame when required to do so, the complaint will be closed and found for the casino.
  • You agree to provide whatever permission the affected casino requires to allow them to share any and all information relevant to your account. This includes any and all personal information where there are issues of suspected fraud or identity theft. Permission is required to protect the casino from infringements of the Data Protection Act. Permission can take a variety of forms and it is the complainant’s responsibility to meet whatever requirements the casino set. If when requested to provide permission the complainant fail to do so within a reasonable time frame, we will view this as intentional obstruction of our investigation and will close your complaint in favour of the casino.
  • You accept that some relevant sensitive information which the involved casino may share with this site may not be suitable for publication. As such you accept that in some instances this site may be required to close a complaint and find for a casino based on secure information provided to us that clearly demonstrates that you – the player – have breached one or more of the involved casino’s terms and conditions without publishing, or sharing with you, any of the relevant information.
  • You accept that we may share any and all information you have provided us with via your interactions with ThePOGG.com to the involved casino/s, relevant regulatory bodies, law enforcement agencies or other third parties that we feel are relevant to our investigations where we deem it necessary.
  • You agree that these terms and conditions can be changed at any time without notice.
  • This resource is specifically for use with online casinos. If you have a complaint about any other gambling platform, please feel free to contact us before submitting a complaint – if we feel that we can help and the complaint is relevant, we may choose to do so.
  • You agree to abide by the casino complaints rules as laid out in the Dispute Mediation section of this site.
  • If your behaviour becomes rude or threatening towards ThePOGG.com or its representatives we reserve the right to close your complaint. In such circumstances we may at our sole discretion choose to publish any communication we have had with the player for the protection of this site and its reputation. If we choose to do this we will remove all personal information that could be used to identify the individual beyond the username they have chosen to register with this site.
  • In all complaint situations, the contents of the final report will be edited to remove all personal or sensitive information. This includes but is not limited to Names, Addresses, Telephone Numbers, Bank or Payment details, email addresses and usernames.
  • In all complaint situations, the content of the final report will be edited to remove any unsupported accusations, inappropriate language or offensive material.

UKGC compliance with respect to Alternative Dispute Resolution services

To ensure compliance with the relevant requirements for a UKGC Alternative Dispute Resolution service (ADR) the below information is included for the users;

UKGC ADR status

  • ThePOGG.com is currently licensed to function in the role of an ADR for UKGC licensed casinos. You can confirm our Accredited status here.

ADR Official and contact details

  • ThePOGG.com’s ADR Official is Duncan Garvie. Mr Garvie has been the Complaint Manager operating ThePOGG.com’s Dispute Mediation service since 2012. This appointment has been made based on Mr Garvie’s previous experience within the online gambling sector and record to date managing complaints against online casinos. This will be a permanent appointment. Mr Garvie also holds qualifications issued by the Chartered Institute of Arbitrators.
  • Contact details for this site;

    Email – adr@thepogg.com

    Postal Address – ThePOGG.com, PO BOX 2089, Livingston, EH54 0GF

Complaint types we can manage

  • ThePOGG.com’s Dispute Mediation is competent to manage any complaint arising from playing transactions against any online casino regardless of size of disputed amount. No preference will be given to complaints involving larger amounts of disputed funds and we are equally happy to assist with issues that don’t involve disputed funds (i.e. breakdown in communication, non-credited bonuses or promotions or unsolicited advertisement complaints).
  • Complaints will only be accepted in a written format.
  • ThePOGG.com will accept complaints from players, regardless of their country of residence, against operators located in any country.
  • We may be able to assist with complaints against other online verticals (sportsbooks, bingo, poker, financial trading, lottery etc) but this will be dealt with on a discretionary bases.

Accepted Complaint Languages

ThePOGG.com will make every effort to manage complaints regardless of the language that they are submitted in. However, the principal language of this service is English. Where translation cannot be reasonable achieved through use of Google Translate we will be unable to serve as an ADR for the issue.

Right to refuse to manage a complaint

ThePOGG.com retains the right to refuse to manage a complaint in the following circumstances;

  • If the complaint is frivolous in nature or vexatious.
  • Where insufficient evidence is presented to validate a complainant’s claims (i.e. where a casino are accused of cheating based on a small or statistically non-viable sample size).
  • Where a complainant refuses to comply with casino identification verification procedures or fails to grant ThePOGG.com or its appointed representatives appropriate permission to discuss their account.
  • Where the complainant is, or previously has been, abusive or threatening in nature towards either ThePOGG.com generally or any employee or representative of ThePOGG.com personally. Guidance regarding what constitutes abusive behaviour can be found here.
  • Where another ADR certified service or court has already managed the issue.
  • Where a complaint is about an issue that dates back more than 18 months.
  • Where language barriers prove more than can be reasonably overcome.

The above are not hard and fast statements that we won’t assist with a complaint, but rather guidance regarding the situations where we may decline a complaint. For example if the a complaint was regarding issue more than 18 months old but we still felt there was a reasonable possibility of resolution we may choose to disregard this rule.

Principals of service

In all complaint situations ThePOGG.com will endeavour to ensure that the following principals are adhered to;

  • That every effort is made to provide both parties adequate opportunity to provide their perspective of events and any supporting evidence.
  • That all operators adhere to their legal and ethical responsibilities to protect at risk customers.
  • That all operators adhere to their legal requirements to ensure personal information is not released to unauthorised parties.
  • That all operators adhere to their legal requirements to adequately establish the identity of their customers and report any and all activity that may be viewed as fraudulent to the relevant law enforcement authorities.
  • That clear and legal terms are enforced in such a manner that is fair and consistent to both parties.
  • That only terms that were in place at the time of the the disputed transaction are enforced.
  • That situations that are unfavourably bias toward one party – for instance where one party has no possibility of winning a bet – are prevented.
  • That where a complaint relates to fraudulent activity (multi-accounting etc) that no information is release to a complainant that could reasonably be viewed as giving potential insight into the security procedures of the operator or how to circumnavigate said procedures.
  • Our primary objective in any complaint situation where the complainant is viewed to be right is to ensure any unpaid funds that are due to the complainant are paid. This means that other considerations – for instance delays in payment of funds – will be of lower consideration than the physical return of the funds.

Information Required before a Complaint can be processed

Before we can start to investigate your complaint we require the following information;

  • Your full name
  • The email or postal address you wish to receive communications relevant to your complaint
  • Your country of residence
  • The name and URL of the involved casino
  • Your username at the involved casino
  • Details of the nature of the complaint including relevant dates and where possible transaction records

Right to cancel a Complaint

At any point during the procedure the submitting party retains the right to cancel their complaint. This does not preclude our right to continue the discussion with the involved operator of general issues related to the complaint (i.e. insufficiently clear terms and conditions).

Cost for use of ADR services

This service is free to use for both the complainant and operator, however if the complaint is deemed legitimate the operator will be expected to ensure that any incorrectly withheld funds are returned to the complainant.

While the rulings of ThePOGG.com are not currently legally enforceable, where a UKGC licensed operator takes a position of non-compliance with respect to a complaint ruling ThePOGG.com will report the operator’s behaviour to the UKGC licensing board for further review.

Average Complaint Duration

The average length of time it takes ThePOGG.com to process a player complaint is 32 days. However, realistically the length of time it will take to resolve your issue will depend largely on the nature of your complaint. More complex issues that involve high level of sharing of sensitive information require longer to resolve. To put this figure in perspective, we have resolved many complaints on the day that we received them, other have gone on as long as 354 days. It should also be noted that at this time one ongoing complaint has surpassed this figure.

Alongside this, due to our policy of holding a complaint in ‘Open’ status until such time as we can confirm, or reasonably surmise, that the player has received all of their funds (in cases where the casino has agreed to pay) resolution often comes far quicker than the total length of the ‘Open’ status.

Independence/Impartiality Policy

Every effort has been made to ensure that our ADR Official is impartial in their approach to management of player complaints and that their remuneration package is entirely independent of the outcome of any complaint procedure. Our ADR Official is financially compensated via a fixed salary that is not correlated with the outcome of any dispute.

This independence has been demonstrated repeatedly through rulings for and against both positively and negatively listed operators.

Regardless if you feel that ThePOGG.com’s commercial relationship with an operator, where a commercial relationship exists, represents a conflict of interests or you have any other reason to feel that the ADR service we offer is not impartial, we would ask you to contact us at alternative_adr@thepogg.com and we will endeavour to facilitate you with and alternative UKGC accredited ADR service.

While players are free to withdraw from the Dispute Resolution service at any time and for any reason, submission of a complaint to this service will be viewed as your acceptance of ThePOGG.com’s ADR Official’s impartiality.

Likewise, if an operator feels that this service cannot provide an impartial ruling they should alert us at point of contact regarding the complaint and we will make every effort to find an alternative ADR service that both parties can accept. In this situation the reasons the operator feels ThePOGG.com cannot offer an impartial service will be published and the complaint submission will be marked as ‘Unresolved’.

Submission of a complaint will be viewed as acceptance of ThePOGG’s UKGC Official’s independence and eligibility to manage your complaint, though does not affect your right to cancel your complaint at any time.

EU Online Dispute Resolution Platform

You can also file complaints with us via the EU ODR platform which can be found here – http://www.ec.europa.eu/consumers/odr/.