Last updated – 28th of January 2019.
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.
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.
- Where you submit a complaint to this service you are providing explicit consent for this service to share any personal information you have shared with us with the operator you are complaining about, any 3rd party companies that we in our sole discretion deem relevant to the complaint management process, including but not restricted to platform providers and software providers, any regulatory agencies that are responsible for any of the aforementioned companies and any appropriate law enforcement agencies. You also provide explicit permission for any of these parties to share any personal information they may have relating to you or your account with this service.
- Any personal information you share with this service during the course of the management of your complaint will NOT be used for marketing purposes.
- 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. We will only deal with complaints in this manner where we can establish a physical barrier to your engagement with our online service.
- If during the management of the complaint you are required to provide us with any supporting evidence this can be submitted via email at complaints @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 gambling operator/s that you have followed all of the terms, conditions and rules put in place relevant to that gambling operator 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 in favour of the gambling operator.
- You agree to provide whatever permission the affected gambling operator requires to allow them to share any and all information relevant to your account. This includes any and all personal information. Permission is required to protect the gambling operator from infringements of the GDPR. Permission can take a variety of forms and it is the complainant’s responsibility to meet whatever requirements the gambling operator sets. If when requested to provide permission the complainant fail to do so within a reasonable time frame, we will view this as obstruction of our investigation and we will close your complaint in favour of the gambling operator.
- You accept that some relevant sensitive information which the involved gambling operator 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 the gambling operator based on secure information provided to us that clearly demonstrates that the complainant has breached one or more of the involved gambling operator’s terms and conditions without publishing, or sharing with you any of the relevant information.
- If your behaviour becomes rude, disparaging, disrespectful or threatening towards ThePOGG.com or its representatives we reserve the right to close your complaint.
- 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 at the operator you are complaining about. This does not include the username you select when registering with ThePOGG.com. As is made clear at time of sign-up, your username is publicly available information and cannot be altered after registration. We make clear that you should not use any information in your username that can be used to identify you personally. If any other information has been inadvertently missed before publication, please contact us at [email protected] to bring it to our attention and have it removed.
- Where you disregard our advice and register a username that may potentially reveal personal information (for example your name or your email address), you are giving ThePOGG.com Ltd permission to publish such information. Usernames cannot be changed after they are registered.
- In all complaint situations, the content of the final report will be edited to remove any unsupported accusations, inappropriate language or offensive material.
- This service is listed in accordance with regulation 20(2).
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. His remuneration package is a fixed annual salary. His term of employment is 5 years, renewed on the 1st of January each year. Mr Garvie also holds qualifications issued by the Chartered Institute of Arbitrators.
- Contact details for this site;
Email – [email protected]
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 gambling operator regardless of size of disputed amount. No preference will be given to complaints involving larger amounts of disputed funds.
- 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.
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 (for example but not limited to 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, disparaging, disrespectful or threatening in communication with ThePOGG.com team or in their actions outwith this site (for example, but not restricted to, posting on other websites).
- Where another ADR service or court has already managed the issue.
- Where a complaint is about an issue that dates back more than 18 months. We may still consider complaints reaching further back than this, but this will be at the discretion of our ADR Official
- Where language barriers prove more than can be reasonably overcome.
- Where the monetary value being contested is less than £/$/€10.
- Where the work load that a complaint would create would seriously impair the effective operation of our ADR service.
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 at our sole discretion decline a complaint. For example if the a complaint was regarding an 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 priority 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 address you wish to receive communications relevant to your complaint
- Your country of residence
- The name and URL of the involved gambling operator.
- Your username at the involved gambling operator.
- The email address your account is registered to with the gambling operator.
- The amount being contested
- Your country of residence.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.
Enforceability of rulings
For complaints managed under our ADR remit that are for the value of €5000 or less our rulings are considered legally binding.
For complaints managed under our ADR remit that are for the value of €5000.01 or more, rulings are only considered legally binding if the trader agrees in advance of discussion of the complaint to view the ruling as legally binding.
For complaints managed outside of our ADR remit, rulings are non-binding in nature.
Where a complaint is managed within our ADR remit and the operator refuses to comply with the ruling, they will be reported to the Malta Gaming Authority for further review of the issue and consideration of whether sanctions are appropriate.
Average Complaint Duration
The average length of time it takes ThePOGG.com to process a player complaint is 36.1 days. However, realistically the length of time it will take to resolve your issue will depend 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 340 days.
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, you should feel free to withdraw your complaint and seek help via a preferred service.
Submission of a complaint will be viewed as acceptance of ThePOGG’s Official’s independence and eligibility to manage your complaint, though does not affect your right to cancel your complaint at any time.