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CaSkycityCasino Terms and Conditions
1 INTRODUCTION
1.1 By using and/or visiting any section of the Website skycitycasino.info (“Website”) or by opening an account on the Website you agree to be bound by:
1.1.1 the General Terms and Conditions, on this page;
1.1.2 the Privacy Policy;
1.1.3 Any game rules;
1.1.4 Any terms and conditions of promotions, bonuses and special offers which may be found on the Website from time to time.
1.2 All of the terms and conditions listed above shall together be referred to as “the Terms”, “Terms” or “these Terms”.
1.3 Please read the Terms carefully before accepting them. If you do not agree to accept and be bound by the Terms, please do not open an account or continue to use the Website. Your continued use of the Website constitutes acceptance of the Terms.
1.4 Any reference made to contact customer support refers to the live chat available through the Website.
2 PARTIES
2.2 In these Terms:
2.2.1 reference to “Deposit Funds” means the funds that you deposit into Your Player Account, in each case that have not been spent on (committed to) bets including bets which are not yet settled, plus Winnings;
2.2.2 reference to “Bonus Funds” means any funds that we credit to Your Player Account by way of a bonus or promotion and any winnings generated from bonuses which is not immediately withdrawable or redeemable in cash and all winnings made with the bonus funds which are subject to uncompleted wagering requirements;
2.2.3 reference to “All Funds” means both the Deposit Funds and Bonus Funds;
2.3.4 reference to “Winnings” is to any and all winnings from wagers made with money which you deposited into Your Player Account and winnings from any bonus which are not subject to wagering requirements or in respect of which the wagering requirements have been satisfied; and
2.3.5 reference to “Authorities” means any government agency or authority which supervises or regulates the Company and/or the Website, including but not limited to the MGA.
3 CHANGES TO THE TERMS OF USE
3.1 We may need to change the Terms for a number of reasons, including but not limited to, for commercial reasons, or in order to comply with new laws and regulations. The most up-to-date version of the Terms are the ones available on the Website, and the date on which they came into force is stated at the top of the Terms.
3.2 We will notify you of material changes to these Terms prior to them taking effect. We will notify you of any material changes, or of any other changes to the Terms which we wish to notify you of, by email or by placing a notice on the Website. Prior to any material changes coming into effect, you will be requested to confirm that you have read and accept the new terms and conditions. In the event that you do not, you may withdraw your funds and close your account at any point in time.
4 YOUR ACCOUNT
4.1 In order to place a bet or play games via the Website, you will need to open an account on the Website (“Your Player Account”).
4.2 For various legal or commercial reasons, we do not permit new accounts to be opened by customers resident in certain jurisdictions, including the United States of America (and its dependencies, military bases and territories including but not limited to American Samoa, Guam, Marshall Islands, Northern Mariana Islands, Puerto Rico, and U.S. Virgin Islands), Afghanistan, Algeria, Angola, Anguilla, Antigua & Barbuda, Argentina, Aruba, Australia, Austria, Armenia, Azerbaijan, Bahamas, Barbados, Belgium, Belize, Benin, Bermuda, Bhutan, Bonaire (Sint Eustatius and Saba), Botswana, Bouvet Island, Brazil, British Indian Ocean Territory, Bulgaria, Burkina Faso, Burundi, Cambodia, Cameroon, Cape Verde, Cayman Islands, Central African Republic, Chad, China, Christmas Island, Cocos (Keeling) Islands, Comoros, Congo (Democratic Republic of), Cook Islands, Costa Rica, Cote d’Ivoire, Cuba, Curacao, Cyprus, Czech Republic, Denmark, Djibouti, Dominica, Dominican Republic, Ecuador, Egypt, El Salvador, Equatorial Guinea, Eritrea, Estonia, Ethiopia, Fiji, France, French Guiana, French Polynesia, French Southern Territories, Gabon, Gambia, Ghana, Greece, Greenland, Grenada, Guadeloupe, Guatemala, Guinea, Guinea-Bissau, Guyana, Haiti, Heard Island, Holy See (Vatican City State), Honduras, Hong Kong, Hungary, India, Indonesia, Iran (Islamic Republic of), Iraq, Ireland (sports betting prohibited), Israel, Italy, Jamaica, Jordan, Kazakhstan, Democratic People’s Republic of Korea, Kuwait, Kyrgyzstan, Lao People’s Democratic Republic, Latvia, Lesotho, Liberia, Libya, Lithuania, Madagascar, Malawi, Malaysia, Maldives, Mali, Martinique, Mauritania, Mauritius, Mayotte, Micronesia, Montenegro, Montserrat, Morocco, Mozambique, Myanmar, Namibia, Nauru, Nepal, New Caledonia, Nicaragua, Niger, Nigeria, Niue, Norfolk Island, Oman, Pakistan, Palau, State of Palestine, Panama, Papua New Guinea, Philippines, Pitcairn, Poland, Portugal, Réunion, Romania, Rwanda, Saint Barthélemy, Saint Helena (Ascension and Tristan da Cunha), Saint Kitts & Nevis, Saint Lucia, Saint Martin (French part), Saint Pierre and Miquelon, Saint Vincent and the Grenadines, Samoa, Sao Tome and Principe, Senegal, Seychelles, Sierra Leone, Singapore, Sint Maarten, Slovakia, Slovenia, Solomon Islands, Somalia, South Africa, South Georgia and the South Sandwich Islands, South Sudan, Spain, Sudan, Suriname, Svalbard and Jan Mayen, Swaziland, Sweden, Switzerland, Syria, Tajikistan, Tanzania (United Republic of), The Faroe Islands, Timor-Leste, Togo, Tokelau, Tonga, Trinidad and Tobago, Tunisia, Turkey, Turkmenistan, Turks and Caicos, Tuvalu, Uganda, United Kingdom, United States Minor Outlying Islands, Uruguay, Uzbekistan, Vanuatu, Virgin Islands (British), Wallis and Futuna, Western Sahara, Yemen, Zambia, Zimbabwe or other restricted jurisdictions (“Restricted Jurisdiction”) as communicated by us from time to time.
4.2.1 By using the Website, you confirm you are not a resident in a Restricted Jurisdiction. If you open or use the Website while residing in a Restricted Jurisdiction: Your Player Account may be closed by us immediately; any Winnings and Bonus Funds will be confiscated and forfeited by you and any remaining Deposit Funds (except for any Winnings) will be returned to you on request subject to these Terms and any legal or regulatory obligations with which we are required to comply. We may make a reasonable charge for processing such withdrawal which reflects an accurate estimate of our costs. You may not use this provision in order to request a refund when Deposit Funds have been played from a Restricted Jurisdiction.
4.3 When attempting to open an account or using the Website, it is the responsibility of the player to verify whether gambling is legal in that particular jurisdiction.
4.4 A player must register personally by following the on-screen instructions.
4.5 When you open Your Player Account you will be asked to provide us with personal information, including your name, date of birth, and appropriate contact details, including an address, telephone number and e-mail address (“Your Contact Details”).
4.6 You hereby acknowledge and accept that, by using the services at the Website, you may both win and lose money.
4.7 Players are requested to open an account in their local currency.
4.8 Your Player Account must be registered in your own, legal, name. You may only open one account on this Website, which is personal to you and cannot be transferred to any other individual. Any other accounts which you open subsequently on this the Website shall be considered “Duplicate Accounts”. Any Duplicate Accounts may be closed by us immediately and:
4.8.1 any Bonus Funds will be confiscated and forfeited by you and any remaining Deposit Funds (less any Winnings) will be returned to you on request (minus any reasonable charges) subject to these Terms and any legal or regulatory obligations with which we are required to comply;
4.8.2 Any Winnings or bonuses which you have gained or accrued or (in relation to outstanding (unsettled) bets) may gain or accrue and which have been or may be credited to Your Player Account and/or withdrawn by you from Your Player Account during such time as the Duplicate Account was active will be forfeited by you and may be deducted from Your Player Account or reclaimed by us, and you will return to us on demand any such funds which have been withdrawn from the Duplicate Account.
4.9 You must maintain Your Player Account and keep your details up-to-date. If you wish to close Your Player Account you must send a request to do so through customer support. On account closure, any Bonus Funds will be cancelled and any Deposit Funds less than $3 (or equivalent in relevant currency) will be appropriated and used to fund responsible gaming charities of other similar good causes projects.
4.10 You may re-open a closed account by contacting customer support during the data retention period, as notified in the Privacy Policy.
4.11 We hold customer funds in a separate account from Company funds accounts. This means that steps have been taken to protect customer funds but that there is no absolute guarantee that all funds will be repaid in the event of insolvency.
4.12 Subject to us first obtaining specific and withdrawable consent from you and subject to applicable law, we may keep you informed about changes on the Website, and about new services and promotions, by email, phone and SMS. At any point in time, the user can opt out from receiving such communications by changing the communication preferences through “My Account” – “My Details”. Depending on your country of residence we may be limited to the types of communications we can provide to you outside the Website itself and make no guarantee that any method of communication you select will be used.
5 VERIFICATION OF YOUR AGE AND IDENTITY
5.1 You confirm that:
5.1.1 You are at least 18 years of age, or any higher age required by laws that apply to you (the “Legal Age”). When opening an account, you will be required to confirm that you are the Legal Age. It is an offence for any person under the age of 18 to participate in gambling or if you are residing in New Zealand to register and account or participate in gambling if you are under 20 years of age. It is also an offence for any Canadian person under the age of 19 and residing in British Columbia, New Brunswick, Newfoundland and Labrador, Northwest Territory, Nova Scotia, Ontario, Prince Edward Island, Saskatchewan, and Yukon Territory to participate in gambling. It is illegal for any Estonian under the age of 21 to play;
5.1.2 The details supplied when opening Your Player Account are correct;
5.1.3 You are the rightful owner of the money in Your Player Account;
5.1.4 You are a resident in a jurisdiction which allows gambling;
5.1.5 You are not a resident in a Restricted Jurisdiction; and
5.1.6 The money deposited is not derived from any activity which is illegal.
5.2 The Company complies with Maltese and European laws, regulations and guidelines for the prevention of money laundering and the funding of terrorism. Suspicious transactions shall be investigated by the Company and, if necessary, a suspicious transaction report will be made by the Company to the relevant Authorities without notice or further reference to you. Furthermore, in the event of any suspicious transactions, the Company may suspend, block or close Your Player Account and withhold All Funds in Your Player Account as may be required by law and/or by the relevant Authorities.
5.3 We may check any transactions made by players on our Website in order to prevent money laundering and all other illegal activity.
5.4 By agreeing to the Terms you authorise us to undertake such checks as we may require ourselves or may be required by or with third parties (including regulatory bodies and Authorities) to confirm your age, identity and contact details in order to prevent money laundering (the “Checks”).
5.5 We reserve the right to delay or withhold any payment to/from Your Player Account (including Deposit Funds), until we are satisfied that your identity, age and place of residence have been suitably verified.
5.6 We are required to undertake verification of your age. If such verification is not completed to our satisfaction we are required to freeze Your Player Account until such time as we can successfully verify that you are over Legal Age.
5.7 In certain circumstances we may have to contact you and ask you to provide further information to us in order to complete the Checks. We may carry out identification and verification Checks on a player reaching €2,000 (or equivalent in relevant currency) in cumulative lifetime deposits or withdrawals or on a player reaching €2,000 (or equivalent in relevant currency) in a rolling period of 180 days. It shall be at the sole discretion of the Company to decide, on a risk-based approach, which time frame to consider for purposes of triggering the Checks. If you do not or cannot provide us with such information or such information is not satisfactory, then we may lock or restrict Your Player Account until you have provided us with such information, and if we do not receive the required information, or we are otherwise unable to verify your identity, we may terminate these Terms, close Your Player Account and may return to you on request any Deposit Funds in your account at the time we placed a lock or restriction on Your Player Account, plus any funds deposited after the lock was placed on Your Player Account, subject to these Terms and except where it is necessary for us to delay or withhold the payment to you of all or some of your Deposit Funds to comply with our legal and regulatory obligations including our anti-money laundering and fraud prevention obligations. To complete our Checks we may ask you for:
5.8.1 Passport, national identity card or driving license together with a recent utility bill (e.g. gas, electric, council tax, bank or building society statement,) less than three months old;
5.8.2 Proof of ownership of payment method – depending on the deposit method used, this may include a copy of the credit card used, screen shot of the e-wallet or a recent bank statement; and
5.8.3 Any other documents that we consider necessary in order to complete our Checks.
5.9 In certain circumstances we may also have to ask you to provide information in relation to your source of funds and source of wealth. This includes supplying a source of wealth declaration and any supporting documentation as to the declared source of wealth, including but not limited to, bank statements and payslips. We retain the right to lock Your Player Account and suspend any further deposits and/or withdrawals, if you fail to provide us with the information and documentation requested.
5.10 If on completion of age verification, you are shown to be under the Legal Age, Your Player Account will be closed and, where relevant, we will refund your Deposit Funds (excluding any Winnings) plus any monies deposited by you but spent on (committed to) outstanding (unsettled) bets. We will return such funds to the account(s) from which they were deposited. Any Bonus Funds will be forfeited.
5.11 In the case that are unable to confirm that you are of Legal Age then we may suspend Your Player Account. If you are proven to have been under the Legal Age at the time you made any gambling or gaming transactions, then:
5.11.1 Your Player Account will be closed and any remaining (unspent) Deposit Funds paid to you;
5.11.2 Any Winnings and/or Bonus Funds which you have accrued during such time will be confiscated and forfeited by you and you will return to us any such funds which have been withdrawn from Your Player Account; and
5.11.3 Any Winnings in Your Player Account will be forfeited.
5.12 In the event that you are under the Legal Age when you create Your Player Account, but subsequently reach Legal Age then we deem any use of the Website after reaching Legal Age as an acceptance of the then current version of the Terms. In this instance no Deposit Funds will be refunded and any Winnings and/or Bonus Funds accrued will be retained by you.
6. INACTIVITY AND DELETION OF PLAYER ACCOUNTS
6.1 If Your Player Account remains inactive (i.e. when no login is performed via the Website) for a period of more than 12 months, we are entitled to charge a monthly account maintenance fee of $5, starting on the 13th month of inactivity. Following 12 months of uninterrupted inactivity, we will send a reminder mail to you via the e-mail address saved in Your Player Account details. Upon receipt of this reminder mail, you will have 30 days to log into Your Player Account and also to withdraw funds. If no login is registered within this 30-day period, $5 of Deposit Funds, or in the absence of Deposit Funds, Bonus Funds, will be deducted from the balance. If the balance is less than $5 (or equivalent in relevant currency) then the whole amount will be deducted. From the 12th month of inactivity onwards a monthly charge of $5 will be incurred and deducted from the real money credit or bonus money credit of Your Player Account accordingly. Provided that if Your Player Account is inactive due to a definite period of self-exclusion, inactivity fees shall not be charged during that period but will resume 30 days following the expiration of the definite self-exclusion period.
6.2 If Your Player Account remains inactive for a total period of 30 months, we will close Your Player Account. Any remaining funds will be kept by us for you for a period of five (5) years after which those funds will be appropriated and used to fund a responsible gaming charity or other project.
6.3 In respect of Account Closures, you must ensure that the Deposit Funds balance of Your Player Account has been withdrawn prior to making your request. Where you hold a balance equal to or less than $3 (or equivalent in relevant currency) we will deduct this from Your Player Account automatically and close Your Player Account. Any remaining Bonus Funds will be cancelled on account closure.
7 USERNAME, PASSWORD, AND CUSTOMER INFORMATION
7.1 After opening Your Player Account, you must not disclose (whether deliberately or accidentally) your username and password to anyone else. If you have lost or forgotten Your Player Account details you may retrieve your password by clicking on the “Forgot Password?” link below the login portal.
7.2 We shall not be held responsible if there is any unauthorised use of Your Player Account for any reason not directly imputable to us. You are solely responsible for the use and operation of Your Player Account, as well as for the security of the credentials to access Your Player Account.
8 DEPOSITS TO YOUR PLAYER ACCOUNT
8.1 If you wish to participate in betting or gaming using the Website, you must deposit money into Your Player Account which you can then use to place bets or play games.
8.2 Deposits are made by transfer of money to the Company’s account by way of the payment methods stated on the Website. The payment methods currently available include debit cards, credit cards, e-Wallet payments, Prepaid Cards, Instant Banking, Fast Bank Transfers and Bank Transfers. The Company reserves the right, to change the accepted methods of payment at its sole discretion. The Company further reserves the right to accept certain methods of payment only subject to the fulfilment of certain conditions. The Company does not warrant that all methods of payment are available at all times. To verify which payment and withdrawal methods that are currently available and the minimum deposit amount and transaction fees applicable, kindly visit our Deposit tab in the main page of our Website. By way of guidance below you can find a guidelines of transaction time for each payment method:
- E-Wallets (such as Skrill, Neteller, ecoPayz and more): Immediate
- Pre-Paid Card (such as paysafecard): Immediate
- Bank Transfer: Between 2 – 5 working days
- Credit Cards: Immediate
8.3 We do not accept cash funds or cheques sent to us.
8.4 The Company can, under certain circumstances, credit Your Player Account with so called bonus money (which will form part of any Bonus Funds in your account). Before we credit Your Player Account with any bonus money, you must read and agree to the terms upon which the bonus money or promotion will be granted to you. We will notify you of these terms either to the email used to register your account or via “pop-up”. We run a number of promotions on the Website at any time. If you would like to review any of the terms applicable to our promotions please see: General Bonus Terms in the footer of the Website.
8.5 Any Bonus Funds are displayed separately from any Deposit Funds in Your Player Account. Bonus Funds can only be withdrawn once they have been converted into real cash Winnings that form part of your Deposit Funds. If Your Player Account contains both Deposit Funds and Bonus Funds, this is the order in which funds will be applied for wagering:
8.6 Firstly the Deposit Funds required to trigger the bonus will be deducted from your Deposit Funds (if available) (i.e. if you are required to deposit $100 (or equivalent in relevant currency ) in order to claim a bonus, and there is $100 or more in your Deposit Funds, then that $100 will be deducted from your Deposit Funds first). The Deposit Funds so deducted will be the first used in any wagering. If there is no requirement for you to deposit your own funds to trigger the bonus or no such bonus arrangement applies then 8.6.2 and 8.6.3 below will apply;
8.6.1 secondly any available Bonus Funds will be used; and
8.6.2 thirdly any remaining Deposit Funds will be used.
8.7 Specific bonus and promotion terms and conditions will be published on the Website in conjunction with the launch of any bonus or promotion. If you request to withdraw all or some of the Deposit Funds used to activate a promotion or bonus before fulfilling any of the terms and conditional applicable to any Bonus Funds (including, but not limited to, any wagering requirements) or otherwise whilst a promotion or bonus is active or pending on Your Player Account you will forfeit any Bonus Funds in Your Player Account associated with the relevant promotion or bonus in their entirety. Any Deposit Funds that you have deposited which is not related to any bonus (i.e. which was not required to be made in order to claim Bonus Funds or to participate in any promotion) are free to be withdrawn at any point in time and will not result in the forfeiture of any Bonus Funds.
8.8 Your Player Account is not a bank account and is therefore not insured, guaranteed, sponsored or otherwise protected by any banking insurance system. Additionally, any money deposited with us in Your Player Account will not earn any interest.
8.9 In relation to deposits of funds into Your Player Account, you shall only use such debit and credit cards and other payment methods that are valid and lawfully belong to you.
8.10 Deposits to Your Player Account can be made in a number of permitted currencies chosen by you upon registration. Deposits made to Your Player Account will be made in the currency chosen at registration. If you are depositing using an account with a bank or a payment service provider denominated in a currency other than that associated with Your Player Account, be aware that you may incur conversion charges levied by your bank or payment service provider. We do not provide any currency conversion facility and should you have any dispute in respect of currency conversion rates, please contact your bank or payment service provider.
8.11 If you make deposits into Your Player Account using any payment method belonging to someone else (a third party), we retain the right to request further information and documentation from you and from the other person (the third party) to confirm that you are duly authorised to use that payment method. We will place a lock on Your Player Account so that no deposits or withdrawals may be made until we are satisfied that you are duly authorised to use the payment method in question. If you are unable to provide us with satisfactory proof of your authority to use the other person’s (the third party’s) payment method, then we reserve the right to close Your Player Account and any Winnings and Bonus Funds will be confiscated and forfeited by you, as will any funds committed by you to bets which at the relevant time are yet to be settled. We also reserve the right to delay or withhold the payment to you of any Deposit Funds on receipt of a withdrawal request from you in order to comply with our legal and regulatory requirements.
9 WITHDRAWALS FROM YOUR ACCOUNT
9.1 You may withdraw all or some of your Deposit Funds at any time and we will always endeavour to approve your withdrawal within five (5) days from request, provided that:
9.1.1 All payments made into Your Player Account have been confirmed as cleared and none have been charged-back, reversed or otherwise cancelled;
9.1.2 Any Checks referred to in paragraph 5 above have been completed;
9.1.3 In the event that you have deposited funds but not wagered the full value of the deposit at least once, the withdrawal will be subject to additional scrutiny and the processing time may increase up to 60 days from the request, or longer where any external consent is required to process the withdrawal.
9.1.4 We are not otherwise required to delay or withhold the payment to you of all or some of your Deposit Funds in order to comply with our legal or regulatory requirements and we are not pending any documentation from you pursuant to the Checks.
9.1.5 The withdrawal is in excess of the minimum withdrawal amount of $20 (or equivalent in the relevant currency). Please refer to your selected payment method in the Wallet.
9.2 All withdrawals shall be remitted only to the same account from where the funds paid into your Player Account originated where possible, and we will attempt to accommodate your request regarding the payment method and currency of your withdrawal unless we agree otherwise (in our absolute discretion). Certain card providers and banks may not accept withdrawals, in such cases, we require the transaction to be sent to the connected bank account. We may request additional verification documents should this be necessary. We reserve the right to charge a fee amounting to our own reasonable costs (including the cost of the deposits) for withdrawals of funds that have not been put into play.
9.3 You may not withdraw any Bonus Funds other than in accordance with the terms and conditions applicable to the relevant Bonus Funds.
9.4 You are responsible for reporting your Winnings and losses to your local tax or other Authorities.
9.5 Withdrawal timeframes are dependent on your verification status. As part of our licensing requirements we must collect documentary evidence of your identity, proof of address, proof of ownership of payment method, proof of source of funds and/or proof of source of wealth under certain circumstances and this can affect the approval times of withdrawal processing. Once a withdrawal has been approved you can expect funds to reach you in the following guiding timeframes;
- Visa: 1-3 banking days
- Bank Transfer withdrawals: 1-5 banking days
- e-wallet withdrawals: up to 24 hours
9.6 If Your Player Account has been dormant, closed, blocked or excluded for any reason other than for compliance with our client verification measures and for any period of time, you may contact our support team to request to recover any Deposit Funds that might still be in Your Player Account. Our support team will investigate any such request and we will contact you (subject to our legal and regulatory obligations) with information about how the Deposit Funds will be transferred back to you. You will need to answer a number of security questions for us to be able to verify that you are the legal owner of Your Player Account. If there is a dispute over Your Player Account or the funds held within it:
9.6.1 the dispute will be dealt with in accordance with our Complaints Policy as detailed at paragraph 22 of these Terms. A more detailed Complaints Policy can be made available to you on request.
9.7 In relation to withdrawals of funds from Your Player Account, you shall only use such debit and credit cards and other payment methods that are valid and lawfully belong to you.
9.8 Withdrawals from Your Player Account can be made in a number of permitted currencies chosen by the user upon registration. Withdrawals from Your Player Account will be made in the currency chosen at registration. If you are withdrawing to an account with a bank or a payment service provider denominated in a currency other than that associated with Your Player Account, be aware that you may incur conversion charges levied by your bank or payment service provider. We do not provide any currency conversion facility and should you have any dispute in respect of currency conversion rates, please contact your bank or payment service provider.
10 PLACING A BET OR GAMING
10.1 It is your responsibility to ensure that the details of any transaction you enter into are correct. Although the Company endeavours to ensure that the information available on its Website is correct, the Company assumes no liability for the any errors or any out of date, incorrect or incomplete information, including (without limitation) any results made available on the Website or the accuracy of any scores, statistics and intermediate results during in-play betting. Please refer to our Betting Rules which can be found in the footer of the Website for information relating to the settlement of bets. For the purpose of in-play or in-running betting, you should be aware that there may be delays to live transmissions and the extent of any delay may vary between players and between events.
10.2 You can access your last 6 months of transaction history on the Website. You can access your full transaction history at any time by contacting customer support.
10.3 We reserve the right to refuse the whole or part of any bet or wagering transaction requested by you at any time in our sole discretion. No bet or wagering transaction is accepted by us until the amount equivalent to the stake is deducted from the relevant balance in Your Player Account.
10.4 Once your bet or wager is accepted, you cannot cancel the bet or wager without our written consent.
11 COLLUSION, CHEATING, FRAUD AND CRIMINAL ACTIVITY
11.1 The following activities are not permitted and constitute a material breach of these Terms:
11.1.1 Colluding with third parties;
11.1.2 Using unfair advantage or influence (commonly known as cheating), including the exploitation of a fault, loophole or error in our software, the use of automated players (sometimes known as ‘bots’);
11.1.3 Undertaking fraudulent or illegal activities, including but not limited to the use of a stolen, cloned or otherwise unauthorised credit or debit card, as a source of funds;
11.1.4 Taking part in any criminal activities including, but not limited to, money laundering;
11.1.5 Transferring of funds from one player account to another; and/or
11.1.6 Conducting account fraud, use of Duplicate Accounts, manipulation of our software or Website, exploitation of loopholes or other technical forms of abuse or other behaviour which amounts to deliberate cheating.
11.2 We will take all reasonable steps to prevent such activities; detect them and ensure that the relevant players are dealt with appropriately. We may report knowledge or suspicion of an offence to the relevant Authorities, we may terminate a game, suspend or close Your Player Account, confiscate your Winnings and any Bonus Funds (which shall be forfeited by you) and in certain cases, in fulfilment of our regulatory and legal obligations, block access to All Funds until we are directed on how to proceed by the authorities. We will not be liable for any loss or damage which you or any other player may incur as a result of any of the behaviour outlined in paragraph 11.1 above and any action we take in respect of the same will be at our sole discretion.
11.3 If you suspect a person is colluding, cheating or undertaking a fraudulent activity, please report it to us by contacting customer support.
11.4 We reserve the right to inform relevant Authorities, other online gaming or gambling operators, other online service providers and banks, credit card companies, electronic payment providers or other financial institutions of your identity and of any suspected unlawful, fraudulent or improper activity, and you agree to cooperate fully with us to investigate any such activity.
12 OTHER PROHIBITED ACTIVITIES
12.1 You should not use the Website for any purpose which is considered to be defamatory, abusive, obscene, racist, sexist, discriminatory, or offensive. You must not use any abusive or aggressive language or images; swear, threaten, harass or abuse any other person, including other users, or behave in such a manner towards any Company staff used to provide the Website or Customer Services.
12.2 You shall not corrupt the Website, flood the Website with information with the intention of causing the Website to not function, nor use any features which may affect the function of the Website in any way for example (but not limited to) releasing or propagating viruses, worms, logic bombs or similar. Any multiple submissions or spam are strictly prohibited. You must not interfere or tamper with, remove or otherwise alter in any way, any information in any form which is included on the Website.
12.3 You shall use the Website for personal entertainment only and shall not be allowed to reproduce the Website or any part of it in any form whatsoever without our express consent.
12.4 You must not attempt to gain unauthorised access to the Website, the servers on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or similar. We will report any breach of this provision to the relevant law enforcement Authorities and we will co-operate with those Authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
12.5 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect Your computer equipment, computer programs, data or other proprietary material due to Your use of the Website or to Your downloading of any material posted on such Website, or on any Website linked to the Website.
12.6 It is prohibited to sell, transfer and/or acquire accounts from other players.
13 CLOSURE AND TERMINATION
13.1 It is Company policy in the interests of security, that if no login has been recorded on Your Player Account for thirty months (an “Inactive Account”), subject to paragraphs 6.1, 6.2, and 6.3, we shall remit the remaining balance in that account to you and close Your Player Account. If you cannot be satisfactorily located any remaining Deposit Funds in that account will be paid into a suspense account where funds will be kept for a period of five (years). After the five (year) period elapses, the Company will appropriate the funds and use those funds for responsible gaming endeavours.
13.2 Your Inactive Account (30 months without recording a log-in) will be terminated with written notice (or attempted notice) using Your Contact Details.
13.3 In the event of any such termination by us, other than where such closure and termination is made pursuant to paragraph 11 (Collusion, Cheating, Fraud and Criminal Activity) or paragraph 18 (Breach of the Terms of Use) of these Terms, we will on receipt of a request from you, return any Deposit Funds in Your Player Account to you. Provided that in the event that the amount of Deposit Funds is less than $3 (or equivalent in relevant currency), those funds will be appropriated and used to fund a responsible gaming charity or other project.
13.4 The Company may refuse to open an account or may opt to close Your Players Account at its own discretion. Notwithstanding this, all contractual obligations already undertaken or entered into will be honoured subject to these Terms.
14 ALTERATION OR CLOSURE OF THE WEBSITE
14.1 We may, at our absolute discretion, add or remove, alter or amend, any of the products offered via the Website at any time.
14.2 We may, at our absolute discretion, elect to close the Website and all associated player accounts. In the event of a closure, we will provide you a facility or contact email to withdraw your account balance. Any remaining funds will be kept by us for you for a period of five (5) years from the date of closure after which those funds will be appropriated and used to fund a responsible gaming charity or other project.
15 IT FAILURE OR INTERRUPTION
15.1 Where unexpected system flaws, faults or errors occur in the software or hardware which we use to provide the Website we will take immediate steps to remedy the problem.
15.2 We do not accept any liability for IT failures which are caused by your equipment used to access the Website or faults which relate to your internet service provider.
16 ERRORS OR OMISSIONS
16.1 A number of circumstances may arise where a bet or wager is accepted, or a payment is made, by us in error.
16.2 Neither we (including our directors, employees, partners or agents) nor our partners or suppliers shall be liable for any loss including (without limitation) loss of any Bonus Funds or Winnings that results from any error by us or an error by you. You will forfeit any Bonus Funds or Winnings that result from any such error. In such a scenario, the stake or wager will be refunded to Your Player Account.
17 EXCLUSION OF OUR LIABILITY
17.1 Your access to and use of the products offered via the Website, is at your own risk.
17.2 We will provide the Website with reasonable skill and care and substantially as described in the Terms. We do not make any other promises or warranties the Website, or the products offered via the Website, and hereby exclude (to the extent permitted by law) all implied warranties in respect of the same.
17.3 We shall not be liable to You in contract, tort (including negligence) or otherwise for any business losses, including but not limited to loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses in relation to your use of the Website.
18 BREACH OF THE TERMS
18.1 You shall compensate us in full for any claims, liabilities, costs, expenses (including legal fees) and any other charges that may arise as a result of your breach of any of the Terms.
18.2 Where you are in material breach of the Terms, we reserve the right, but shall not be required, to:
18.2.1 Provide you with notice (using Your Contact Details) that you are in breach requiring you to stop the relevant act or failure to act;
18.2.2 Suspend Your Player Account so that you are unable to place bets or play games on the Website;
18.2.3 Close Your Player Account with or without prior notice from us;
18.2.4 Confiscate, and you shall forfeit, from Your Player Account, or (if applicable) recover from you the amount of any Bonus Funds and any Winnings in Your Player Account or that have been paid to you by us, in which case such Bonus Funds and/or Winnings shall be returned to us on demand; and/or
18.2.5 On receipt of a request from you, return any Deposit Funds (less any Winnings) to You to the account(s) from which they were deposited, minus any reasonable charges and subject to these Terms and any legal and regulatory obligations with which we are required to comply.
18.3 Any breach of clauses 4.2.1, 4.8, 11 and 12 are considered material breaches.
19 INTELLECTUAL PROPERTY RIGHTS
19.1 All Website design, text, graphics, music, sound, photographs, video, the selection and arrangement thereof, software compilations, underlying source code, software and all other material contained within the Website are subject to copyright and other proprietary rights which are either owned by us or used under licence from third party rights owners. To the extent that any material contained on the Website may be downloaded or printed then such material may be downloaded to a single personal computer only and hard copy portions may be printed solely for your own personal and non-commercial use.
19.2 Under no circumstances shall the use of the Website grant to any user any interest in any intellectual property rights (for example copyright, know-how or trademarks) owned by us or by any third party whatsoever.
19.3 No rights whatsoever are granted to use or reproduce any trade names, trademarks or logos which appear on the Website except as specifically permitted in accordance with these Terms.
20 YOUR PERSONAL INFORMATION
20.1 We are required according to the Data Protection Act of 2018 (Chapter 586 of the Laws of Malta) and the Data Protection Act 2018 (UK) and, the General Data Protection Regulation to comply with data protection requirements in the way in which we use any personal information collected from you in your use of the Website. We therefore take very seriously our obligations in relation to the way in which we use your personal information.
20.2 How we handle your personal information is set out in our Privacy Notice.
21 USE OF COOKIES ON THE WEBSITE
21.1 The Website uses ‘cookies’ to assist the functionality of the Website. A cookie is a small file of text which is downloaded onto your computer when you access the Website and it allows us to recognise when you come back to the Website. Information on deleting or controlling cookies is available. Please note that by deleting our cookies or disabling future cookies you may not be able to access certain areas or features of the Website.
21.2 For more information on the use of cookies please refer to the Cookie Notice.
22 COMPLAINTS AND NOTICES
22.1 If you wish to make a complaint regarding the Website, the first step should be, as soon as reasonably possible, to contact customer support.
22.2 Complaints Procedure
22.2.1 Complaints can only be made in respect of incidents that have taken place not longer than six (6) months prior to the date of the complaint.
22.2.2 Within 24 hours of receipt of your complaint, we will acknowledge that we have received your complaint, will confirm the particulars of your complaint and provide you with a copy of this procedure, upon request. An agent will log your message, investigate your complaint and respond to it. We aim to provide you with a substantive response to your complaint as soon as practically possible.
22.2.3 We aim to resolve each complaint within ten (10) days of receipt. Should the inquiry require more time to be resolved, the time period may be extended by a further ten (10) days.
22.2.4 If your concern is not resolved at this stage, you can escalate the complaint by following the escalation process in the Complaints and Disputes Policy that can be obtained from customer support. We aim to keep you informed throughout the process. We will provide you with the final outcome, which represents the final stage of our internal complaints procedure.
22.2.5 If your complaint relates to the outcome of a gambling transaction and is not resolved to your satisfaction by our Internal Complaints Procedure within 10 days from the date we received the complaint (taking into account any extensions provided due to any pauses in the ‘clock’), we will write to you to explain how to escalate your complaint to the independent Alternative Dispute Resolution (“ADR”) entity that we have appointed, The Pogg. Complaints to the POGG may be sent through their online complaints form here.
22.2.6 Alternative Dispute Resolution (ADR) – ADR involves the referral of unresolved disputes to an independent third party for adjudication. There is no charge to you for using this service in accordance with these Terms. The ADR entity reserves the right to reject disputes referred for resolution on the basis that they are frivolous or vexatious but we are not permitted to refuse referral on that basis. We are required to keep a record of all customer complaints and disputes and may be required to share them with the relevant Authorities from time to time.
22.2.7 If you request to use an ADR provider other than the Independent Betting Adjudication Service, we may agree to use such ADR provider but please check that the relevant ADR provider is approved by European Commission in accordance with Article 20(2) of the ADR Directive, as there are risks associated with using an unapproved ADR provider. For example, unapproved providers may not bound by the requirements of the ADR regulations, which require them to act in a fair, transparent and open manner. You may use the Independent Betting Adjudication Service even if you have already used an unapproved ADR provider.
22.2.8 We aim to respond to requests for information about disputes from the ADR provider in full within 10 days of receiving the request.
22.2.9 You may also use the European Online Dispute Resolution (ODR) platform to make a complaint, which will be resolved by an independent dispute resolution body.
23 TRANSFER OF RIGHTS AND OBLIGATIONS
23.1 We reserve the right to transfer, assign, sublicense or pledge the Terms, in whole or in part, to any person, provided that any such assignment will be on the same terms or terms that are no less advantageous to you.
24 EVENTS OUTSIDE OUR CONTROL
24.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Terms of Use that is caused by events outside our reasonable control, including, without limitation, acts of God, war, civil commotion, interruption in public communications networks or services, industrial dispute or DDOS-attacks and similar Internet attacks having an adverse effect (“Force Majeure”). Our performance is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations may be performed despite the Force Majeure Event.
25 WAIVER
25.1 If we fail to insist upon strict performance of any of your obligations or if we fail to exercise any of the rights or remedies to which we are entitled, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
25.2 A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of the provisions of the Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with above.
26 SEVERABILITY
26.1 If any of the Terms are determined to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law. In such cases, the part deemed invalid or unenforceable shall be amended in a manner consistent with the applicable law to reflect, as closely as possible, our original intent.
27 LAW AND JURISDICTION
27.1 The Terms shall be governed by and interpreted in accordance with the laws of Malta in the Maltese Courts.
28 RESPONSIBLE GAMING AND GAMBLING
28.1 We endorse responsible gaming and gambling. We want you to enjoy your wagering experience on our Website, while remaining aware of the social and financial harms associated with problem gambling.
28.2 Setting of Financial Limits – you may set financial limits related to deposits, wagers and losses by contacting our support team (or by using the tool accessible within Your Player Account). These limits are available to help you to control your gambling:
28.2.1 Deposit Limits – In order to limit the amounts of deposits you can make over a certain period of time, you can set a Deposit Limit. This option can be accessed within your My Account section.
28.2.2 Net Loss Limits – A net loss limit restricts the amount of real money you can lose from the deposits you make, winnings are not included in the calculation. With a loss limit in place, you will be unable to continue playing beyond your set net loss limit. This option can be accessed within your My Account section.
28.2.3 Wagering Limits – In order to limit the amount of money that you are able to spend over a certain period of time, you can set a Wagering Limit, which can be accessed within your My Account section.
The financial limits described above can be amended at any time. Any request to lower a limit will take effect immediately. Any request to raise or remove a limit will only take effect after the expiry of a minimum 7 day “cooling-off” period (the Company reserves the right to impose longer period) in which the player will not be able to revert the conditions previously placed on his account. Limits apply to the brand on which they are set only.
If you wish to apply a limit through customer support, you may do so by contacting us at [email protected] stating your reasons. The implementation of a limit requested through customer support is not immediate, please allow up to 48 hours for us to confirm to you once the limit has been applied. We are not responsible to refund any funds lost between the period the limit was requested and the time it was processed by us. For a limit to take effect immediately, please apply a limit electronically through the Website through the Play Responsibly tab found within the My Account page on the menu.
If you require any further information or assistance regarding our functionality, please contact support.
28.3 Self-exclusion – Should you need to take a break from gambling with the Website you may do so by contacting support (or where available, in the ‘My Account’ section). Self-exclusion means that Your Player Account will be closed for the specified period. This is the major difference between self-exclusion and a “time out” request (see clause 28.4). Excluding yourself will affect Your Player Account with this Website only (although if the Company determines that it is appropriate to apply the self-exclusion on other brands under the same licence, it may do so. Self-exclusions may be for a definite period or a permanent one. A definite period self-exclusion may only be shortened at the discretion of the company and always subject to a cool-off of 7 days.
If you wish to perform a self-exclusion through customer support, you may contact customer support and state your reasons. The implementation of a self-exclusion requested through customer support is not immediate, please allow up to 48 hours for us to confirm to you once the self-exclusion has taken place. We are not responsible to refund any funds lost between the period a self-exclusion was requested and the time it was processed by us. For a self-exclusion to take effect immediately, please self-exclude electronically through the Website through the Responsible Gaming tab.
28.4 Time Out – Should you need to take a time out from gambling please use the time out functionality on the Website and choose the period you wish to be timed out. This tool can be found in the My Account page. Should you for any reason be unable to impose these limits yourself please contact Customer Services. At the end of your time out period, Your Player Account will automatically be reactivated.
28.5 Setting of Session Time Limits – You may set maximum Session Time Limits by contacting our support team or via the tool accessible within Your Player Account. While these limits are set, you will automatically be logged out and will not be allowed to continue playing when you reach the pre-set time limit in any one play session.
28.6 Filtering Systems – Filtering solutions allow you (or others such as parents or other carers) to regulate access to the internet or certain websites, based on chosen criteria. These filtering solutions can use filters to prevent children and other vulnerable people from accessing, amongst other things, gambling websites. If you share your computer with friends or family who are under the Legal Age to register or gamble with our Website, or who have requested self-exclusion from gambling sites, or who may otherwise be vulnerable to problem gambling, please consider using such filtering solutions. Examples include.
28.7 We are committed to supporting Responsible Gambling initiatives and encourage New Zealand resident players to find information about Responsible Gambling at the websites of the following organisations:
- The Salvation Army; or
- NZ Health Promotion Agency,
- or you can call the Gambling Helpline for free at any time on 0800 654 655 or you can text on 8006, and speak to one of their telephone counsellors.
28.8 Return of Outstanding Balance Process – Upon making a self-exclusion request, we will endeavour to pay out your entire outstanding Deposit Funds on account as soon as possible and, in the event that you have not withdrawn the funds during the self-exclusion process, we will first attempt to pay you to the last recorded payment details or should that not be possible we will contact you to provide additional payment details. If we are not able to pay you the outstanding Deposit Funds within 12 months of a permanent self-exclusion being made or in the case of a temporary self-exclusion within 12 months of the expiration of the temporary self-exclusion, we will transfer the entire balance of Deposit Funds to a responsible gaming charity of our choice. PROVIDED THAT, in the event that you have an amount less than $3 (or equivalent in relevant currency) as Deposit Funds at the time of the self-exclusion, we will aggregate the funds with those of other customers that also have less than $3 (or equivalent in relevant currency) as Deposit Funds, and pay the total funds to a responsible gaming charity of our choice. You will not have a claim against us or against the charity to whom we donated the funds.
28.9 We reserve a right to pro-actively place financial limits or also to self-exclude Your Player Account where, for responsible gaming reasons we deem it appropriate to do so and we may refuse a request from you to remove or reduce such limit.
29 LINKS
29.1 Where we provide hyperlinks to other websites, we do so for information purposes only. You use any such links at your own risk and we accept no responsibility for the content or use of such websites, or for the information contained on them.
30. CHAT ROOMS (BLOG)
30.1 The Company may from time to time give its customers the opportunity to make use of a chat room where they are able to communicate with other players registered and making use of the Website. We set the chat room policy and reserve the right to change these policies at any time. We will notify you of any changes to the terms in accordance with paragraph 3 of these Terms. By using this chat room, you are binding yourself to comply with these Terms.
30.2 The chat room is intended for legitimate comments and constructive discussion. We reserve the right to restrict the ability of individuals to post comments in any chat room set up by us. We do not accept any liability arising from the use of such chat rooms by you or other players or other persons which is incorrect, inaccurate or otherwise in breach of these Terms.
30.3 Every user of our chat room agrees not to post any comment which is:
30.3.1 Defamatory in nature or contains any information that the user has no legal right to publish or to disclose, or the disclosure or publication of which is otherwise illegal;
30.3.2 (Or contains anything which is) racist, vulgar, hateful, obscene, profane, threatening, insulting or offensive;
30.3.3 Intended to impersonate another person or entity;
30.3.4 Posted for the purpose of advertising;
30.3.5 contains a link to any virus, corrupted file, key loggers or any other malicious code or material that could cause harm to the computer, data or financial security of any party;
30.3.6 A comment intended to take advantage of or collude with or against other players or us using our Website or amount to activities of a suspicious or criminal nature;
30.3.7 A link to any false or misleading statements or any statement seeking to unfairly manipulate a market, game or event;
30.3.8 An attempt to collect or store data about other users;
30.3.9 A misuse of chat room functionality; and/or
30.3.10 Information protected by any form of intellectual property whether registered or unregistered or any contractual, statutory and equitable obligations of confidence.
We monitor the content of chat room comments in an attempt to prevent any chat which would breach these Terms. In order for us to monitor the chat rooms, we require all chat to be in the primary language of that particular forum.
30.4 Our forums are moderated and all conversations are logged or recorded. We reserve the right to refuse to post any comment/s and investigate and take provisions, which may include but are not limited to the closure of any account against any user who is in breach of these Terms. We also reserve the right to close or remove any chat rooms without prior warning and also to report any suspicious chats or comments to the relevant Authorities.
31 INTERPRETATION
31.1 The original text of these Terms is in English and any interpretation of them will be based on the original English text. If these Terms or any documents or notices referred to herein are translated into any other language, the version most favourable version to the player shall prevail.
