General Terms and Conditions
Europe Entertainment Ltd. operates this online gaming platform. Therefore, the General Terms and Conditions of Europe Entertainment Ltd. also apply to this platform.
Europe Entertainment Ltd.
Vincenti Buildings, Suite No. 509
28/19 Strait Street
Valletta VLT1432 Malta
I. GENERAL TERMS AND CONDITIONS
Europe Entertainment Ltd (hereinafter “the company”), duly incorporated and registered in Malta under registration number C42855 on the 20/11/2007, with a business address at Vincenti Buildings, Suite No. 509, 28/19 Strait Street, Valletta and is licensed and regulated by the Malta Gaming Authority (www.mga.org.mt) and operates this online gaming website under a Class 3 license numbered MGA/CL3/391/2007 issued on the 09/March/2009. The Malta Gaming Authority is a regulatory body.
These "Terms and Conditions" of Europe Entertainment constitute and govern the contractual relationship between the player and the company, as stated herein. The player hereby acknowledges and accepts the exclusive validity of such Terms and Conditions.
Should the contents of the General Terms and Conditions vary in other languages to the English, the English version takes precedence. This also applies to the rules of the game, any texts on the website as well as any information concerning a bonus programme or bonus schemes.
A. Scope of Application
1. The Terms and Conditions apply to the content and services on the website (hereinafter "the website"). They also apply to content sent to or uploaded (e.g. picture uploads) on the website by players per e-mail, SMS, community contributions or chat messages (hereinafter “player content”) and the payout of winnings. The Terms and Conditions apply as amended at the time of use of the content and services, respectively.
2. By clicking on the “I accept the General Terms & Conditions" checkbox and the "Register" button to complete the registration process, the player accepts and acknowledges these Terms and Conditions.
B. Governing Law
All legal relations between the company and the player, the validity and termination of such relation as well as any disputes arising therefrom, are exclusively governed by Maltese law irrespective of where the player resides.
C. Description of Services
1. The company offers a gaming website. On the gaming website players can participate in games as “test players” without wagering money or as “money players” wagering money.
2. The website only contains games which are covered by a Class 3 license (person to person games) issued by the Malta Gaming Authority under the Remote Gaming Regulations of 2004 (Legal Notice 176). All games offered on this website are skill games. The games are provided by the gaming platform of Greentube Malta Ltd holding a Class 4 license ref: MGA/CL4/247/2006 issued in Malta. The rules of the games can be found here.
3. The company reserves the right to subject the access of players to the games and services to compliance with certain conditions (such as minimum age, minimum amount of games played, and provision of evidence of payments having been made) in addition to clause D.
4. The company reserves the right to extend or change the number and type of services from time to time.
D. Conditions for participation
1. To participate in the games offered on the website, players have to accurately complete the registration process providing all the requested information correctly and entirely. Each player will create his own player name (hereinafter “nickname”). There is no legal claim to register and participate in the games.
2. The player warrants and represents, at all times, not to:
- be a citizen of France or the United States of America;
- be restricted by limited legal capacity;
- be acting on behalf of another party;
- be classified as a compulsive gambler;
- deposit monies originating from criminal, illegal and/or un-authorized activities;
- deposit monies through a Credit Card, in case he is not authorized to dispose of such credit card and/or the corresponding bank account;
- participate in games for cash and/or deposit monies for such games, if such games provided by the company are not permitted under the relevant jurisdiction of the player’s home country;
- deposit monies into an account for any other reason than the participation in cash games and tournaments provided by the company, especially but not limited to illegal or criminal reasons (eg money laundering);
- already be registered on the website with an active account;
- close his/her account on the website order to register again as a new user on the same website;
- sell/transfer and/or acquire accounts to/from other players;
- transfer funds amongst player accounts.
3. Only private persons over 18 years and/or the respective age required under the relevant jurisdiction of the player’s home country are entitled to participate in games offered on the website. Estonian players must be over 21 years of age. The company reserves the right to request players to provide evidence of their age and to deny access to the services and games for individual players, in case sufficient evidence is not provided by the player.
4. The games and services offered on the website are based on the current state of the art technology. The company does not guarantee the availability and continuous full functionality of all its games and services. The company will use all reasonable efforts to correct any identified defaults that may occur.
5. Players are solely responsible for the technical configuration of the computer or device used to connect to our website. Details on the recommended configuration are set out in the Help and FAQ-Sections on the website.
6. Access to or participating in cash games or tournaments and the acceptance of prizes may be subject to different legal regulations depending on the country. The company does not abet the use of services or participation in games offered on the website by players who reside in countries, in which such services or games are not legally permitted. This responsibility of using the services provided on the website in accordance with the appropriate legal regulations lies solely with the player.
7. Players are not permitted to use proxies and/or any other form of software programme or tools for the purpose of hiding their true location or to circumvent mechanisms put in place by the operator to limit access to games. If the operator discovers that a player has circumvented these mechanisms and violated these Terms and Conditions, the operator is permitted to block the respective player account and withhold any winnings in these accounts.
E. Games and Tournaments
1. The participation in games and tournaments available on the website can be subject to further restrictions. Such restrictions shall be explicitly notified via the website without any commitment. There is no legal claim to register and participate in games and tournaments.
2. Prior to any games or tournaments, notice shall be provided on the website in the event that prizes are to be won by participating in such games or tournaments. If applicable, the description of these prizes shall include any specific delivery conditions. The company reserves the right to substitute any prize for another of the same value without giving prior notice.
3. The winner of a game or tournament is the player named officially as the winner by the company after the conclusion of the tournament. The company reserves the right to retrospectively correct any erroneous game results and resulting winnings. Monetary winnings shall be credited to the gaming account of the winner. There is no legal recourse.
4. In line with clauses 9 to 11 of Section A of Part III of these Terms and Conditions, the participation of employees of the company or sponsors, as well any relatives, in tournaments is forbidden.
5. By participating in games, the user acknowledges and accepts that their data may be required to be forwarded and that they may be contacted for processing reasons.
6. Loss of connection for single player games
For a game to be classed as won, the applicable game rules must have been adhered to. If a user loses his/her connection during a single player game, he/she has 2 minutes in which to re-enter the game. The game clock will continue to count down while the user is disconnected. Should the 2 minutes pass before the user manages to return to the game, the last points recorded will be the final score.
7. Loss of connection for multiplayer games
For a game to be classed as won, the applicable game rules must have been adhered to. Furthermore, the winner of the game must have maintained a connection to the game server for the duration of the game.
Should a user lose his/her connection, he/she has 2 minutes, in which to re-enter the game. Should this be achieved, there shall be no consequences, provided that the user is not ejected from the game by the opponent for exceeding the allowed time. In the case that the 2 minute time limit is exceeded, the computer will take the ejected user's place and complete the game. The user still has the opportunity to re-enter the game.
In the case that the computer or the user who re-enters the game after the allowed time limit wins, the original stakes shall be refunded to both users. Otherwise, the game will be classed as lost. Should both users lose their connections during the game, both will receive their original stakes.
F. Intellectual Property
1. By registering an account and/or by using any of the services on the website, the player acknowledges that the entire content of the website is the sole property of the company. The player shall use the content of and information on the website for personal use only and refrain from using this intellectual property in any other way whatsoever.
2. The company is granted all exclusive, royalty-free, intellectual property rights of materials (such as photos, questions, comments, text messages and the like) that are submitted on the website. There shall be no claim for compensation or reward of any kind.
1. Any misconduct in using the services is interdicted. Especially but not limited to the following shall be deemed as misconduct:
- players do not comply with the rules of communication between players (set out in point H below);
- players deliberately provide inaccurate or misleading information;
- the very attempt to manipulate the results of games by concerted practices, alterations of the programme or in any other way;
- players deliberately cause malfunctions or defects of the website in order to undermine the natural flow of the game;
- an already registered player opens another account; and,
- a violation of any other regulations set out in these Terms and Conditions;
2. The player will not decompile or attempt to decompile the software on the website or develop software that interferes with the client-server-communication software used on the website.
3. The use of any software program which facilitates artificial intelligence is strictly prohibited. Prohibited software may include software which allows opponent profiling, player collusion or any other programme which company believes allows a player to cheat or gives one player an unjust advantage over another player. The company may take action in order to detect and prevent the use of such software by players, including reading the list of currently running programs on a player’s computer if possible or profiling player’s behaviour for reasons of investigation. Upon the company identifying use of prohibited programmes, the company reserves the right to freeze the relevant player’s account for a period of at least six (6) months; to confiscate any funds in that account; and/or, to suspend the player from using the services of the company and any of its sites.
H. Communication and General Conduct between Players
Players are permitted to provide content for the purpose of interacting with other players in a friendly and decent manner. Players can e.g. communicate with each other by using the chat feature within the lobby of a game or within the game itself.
Players are responsible for the content they upload. Content uploaded may not be unlawful or infringe the rights of third parties. The company cannot be hold liable will not take any responsibility for the content uploaded being unlawful or infringing the rights of third parties. Players are obliged to respect the privacy of other players, not to post any racist, xenophobic, pornographic or sexually derogatory comments on the website and not to “stalk” or otherwise harass other players in any way.
Furthermore, it is prohibited:
- to post advertisements;
- to run any enquiries, surveys or polls;
- to upload or post chain letters;
- to collect personal data about other players without their explicit prior approval;
- to transmit any kind of viruses or spam or attempt any other kind of interference or interruption of other computer systems and programmes;
- to upload or post messages for the sole purpose of transmitting religious, political or ideological content;
- to disturb other players by entering meaningless messages or combinations of letters etc.;
- to collude with other players and to coerce fellow players into a certain course of action;
- to collude with other players by using a separate chat system provided by a third party;
- to deliberately block games and the normal flow of communication in any way whatsoever;
- to influence the outcome of a game by conspiring with other gamers, interfering with the programme or undertaking any other means contrary to the rules.
The content provided by Players is being recorded and monitored. The company is entitled, to delete any content violating the Terms and Conditions and to interdict the further upload of such content. Furthermore the company has the right to stop offering any upload of content at its sole discretion. This also includes the right to remove the chat feature within the lobby or within the game itself.
Any illegal content may be reported to the relevant authority.
I. Sanctions for Misconduct
In the event of misconduct by a player, the company reserves the right to immediately exclude the player of any further use of the website and to terminate the contract with the company. Furthermore, the company is entitled to interrupt and terminate on-going games, to block players’ accounts with or without prior notice, and until clarification of the situation retain the player’s credit on the player account and any illegitimately won prizes at the player’s cost.
Both parties are entitled to terminate the contract at any time with immediate effect without statement of a reason or cause. The player can terminate the contract by sending an e-mail stating their name and the name of the account to the website support. Within 2 weeks of receipt of such e-mail and response to the security question, the company shall delete the respective account data and pay out the credit amount on the player’s account. If you are unable to provide the correct answer to your security question, you must send a copy of a valid, official form of identification, which includes a photo, to firstname.lastname@example.org. The details in your account must match those on your identification. The conditions under III.C. apply to the payment of any credit amounts.
K. Player Protection
The company protects its players from gaming addiction by offering account limitations and account suspensions. The players can increase or reduce their limits at their own discretion. Stricter limits and the banning of gaming accounts are effective immediately, while any changes concerning the reduction of restrictions will become effective after a period of 7 days has elapsed at the earliest. Should players want to limit or suspend their accounts in any way, they send an email to email@example.com, stating their username and the answer to their security question.
1. Monthly deposit limit
Players can limit their account deposits by choosing a monthly deposit limit. If a player chooses a certain monthly deposit limit, s/he will not be able to pay any more money into the account.
2. Account suspension
Players may at their sole discretion decide to suspend their gaming account for a definite or indefinite period of time.
1. Through the successful completion of the registration process a “test account” is set up. Once the account is open, it can be credited with virtual playing money, which can be used for the purpose of testing the games on the website. No claim for virtual playing money shall arise from any gains. Such amounts will not be paid out or credited to the “cash account” of the player. Each player may only open one account. The registration of the test account is free of charge.
2. The registration contains the following information:
a. Personal and confidential pseudonym (“playername”, "nickname”) – there is no entitlement to a specific nickname. The playername must be unique and clearly identifiable. The use of offensive, indecent, or otherwise objectionable names is forbidden. Further prohibited is the choice of nicknames that contain or allude to an Internet link or account names, which allude to certain rights of the player (in particular but not exclusively, the use of the term “administrator” amongst others). The company reserves the right to suspend accounts with unacceptable nicknames. The company will re-admit such accounts after the successful change of their name to an acceptable nickname.
b. Players must keep their Player name and password secret as any activity by that player account will automatically be attributed to such player. We recommend not to write your password down; not to use easily traceable passwords such as birth date, telephone number, car number, etc; to construct secure passwords using various types of characters such as upper case, lower case, numeric or special characters (e.g./?&*). If you believe the secrecy of your password has been compromised we strongly recommended to change your password immediately. In accordance with good security practices you should change your password regularly. There is no claim to a specific password. However, players are always asked to follow the recommendations in D6 of Part I.
c. e-mail address
3. The virtual credit expires automatically if the player is inactive on the website for a period of 6 months.
III. CASH PLAYERS
1. “Test accounts” can be upgraded to “cash accounts” free of charge. Only players with a cash account can participate in cash games.
2. The upgrade to a “cash account” is subject to the terms set out in Part I hereof. The cash player application comprises the following additional information, which the player is required to provide truthfully and accurately:
a. First name and family name
c. Date of birth
d. Account details for the payment of winnings.
e. Contact number (telephone or mobile number)
3. The company is entitled to examine the information given. In case the given information proves to be inaccurate, the company is entitled to exclude the player concerned from the further participation in the services and retain any winnings/prizes.
4. Players shall ensure that the details provided in the course of the registration are kept up to date by making any alterations on the website (under “Settings”) without undue delay.
5. At the time of receipt of the first cash deposit on the account of the company, the company opens a “cash account” for the respective player. All amounts transferred to such cash accounts are held by the company as fiduciary on behalf of the player free of cost (as long as the account is active) and free of interest. The player may neither treat the operator as a financial institute nor expect interest.
6. Credits on the player's cash account can only be used for the services provided on the website. For payouts, the provisions of Part III.C apply.
7. The Euro (€) is the lead currency of the platform. Other currencies are available for making deposits. In such cases, the exchange rate at the time of the deposit is applied when changing into Euros. The user account shall then be managed in Euros. The user account shall be displayed to the user in the currency of his/her country, providing the currency is supported by the platform. Users may change the currency displayed. All figures in any currency other than the Euro shall be calculated by applying the current exchange rate of the European Central bank.
8. Players shall only register one account and they shall register this account personally.
9. Except as otherwise instructed by the Company, no employees, executives, managers, directors, consultants, or agents in our branches or affiliated companies, or any of our providers or sellers, can participate in any Games during their term of employment and/or engagement. The Company’s employees, or anyone else having access to inside information (for example: complete hand histories, playing histories, money transaction histories, and similar) are not allowed to use the services of the Internet Site. This is in order to prevent any potential abuse of inside information. To this end no officers, directors, employees, consultants or any other persons conducting business or engaged with the Company shall be allowed to open an Account with the Company during their term of engagement. Proof of such attempts shall result in steps being taken by the Company. These shall have repercussions upon the contract existing between the employee or other officer and the Company.
10. No relatives (in this clause, the term “relatives” means spouse, partner, parents, children or siblings of the people mentioned in immediately preceding clause) of the Company’s employees, executives, managers, directors, consultants, or agents in our branches or affiliated companies, or any of our providers or sellers, are allowed to play on the Internet Site or are authorised to use the Service directly or indirectly. Nevertheless, this shall not apply where relatives are expressly allowed to play on the Internet Site by means of written authorisation from the Company.
11. If either of the two immediately preceding clauses is breached, the Company reserves the right to close the said Account immediately and to cancel payment on any gain. This shall take place without any prejudice to the rights that the Company has against the breaching person in terms of the employment or any other contract between the parties.
1. Deposits to the player's account are made by transfer of money to the company’s account by way of the following payment methods as may be varied from time to time depending on the jurisdiction where the player is playing from and the player’s account settings: Credit card, Paysafecard, Ukash, Neteller, Skrill, PayPal, EPS, Paybox, Sofortüberweisung, Giropay, IDeal, Safetypay, Przelewy24, Trustpay, Qiwi, Yandex, Webmoney and Moneta. 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 fulfillment of certain conditions. The company does not warrant that all methods of payment are available at all times.
2. A deposit is considered deposited at the time the deposit is irrevocably credited to the company’s account and accrued to the relevant player’s cash account. Upon a deposit being made, the company undertakes checks and carries out the necessary due diligence procedures. The time until a deposit is credited onto the company’s account depends on the chosen payment method. The company utilises auto capture for deposits therefore, as soon as confirmation from a payment provider for a transaction is received, the player’s account is instantly credited. The minimum acceptable deposit amount is €10. The company reserves the right to amend the limit or arrange for additional and repeated examinations on deposits at its sole discretion. Furthermore the maximum amount that can be credited into a gaming account per month is €10,000. Of course, the exact maximum amount also depends on the payment method chosen by the user. Nevertheless, this limit cannot be exceeded. Altering this amount is only possible by sending a written request to customer support, which will perform any changes in accordance with the Responsible Gaming Guidelines issued by the Malta Gaming Authority (MGA) from time to time.
3. The company can, under certain circumstances, credit a player’s account with so called “bonus money”. The conditions for the crediting of the bonus (e.g. test bonus, advertising premium) and the amount of the bonus is determined by the company and set out on the website from time to time.
4. The bonus is stated separately on the player's account. It can only be paid out once it has been transformed into real cash winnings. If an account contains both the player’s own money and bonus money, the bonus money will only be available for wagering once the existing money has been used. Specific bonus conditions may be published on the website with the launch of specific bonus schemes.
5. Deposits into an account should be made for the sole purpose of using the funds in cash games and or tournaments. Funds deposited into the player account should at least be used once as a stake within the games and/or tournaments before they can be paid out.
6. To prevent money laundering activities, all account- and/or money-transactions are checked by the operator. Any suspicious account- and/or money-transactions may be reported to the relevant authorities.
1. Winnings or parts thereof will be paid out upon request of the player, however, not more often than twice per month. The requested payout sum must be at least €15. The number of withdrawals may be increased by the operator in individual cases. Payouts can only be made to the account of the player requesting such payout and under no circumstances can such payouts be made to the account of another player or third party.
2. A payout for over €100 cannot be requested where the money deposited has not been used in any games or only a few games. The company reserves the right to refuse such payouts at its own discretion on the basis of best practice in the prevention of money laundering. The company can ask a player for more information in regard to the requested payout under such circumstances and review its decisions based on the new information provided.
3. The maximum amount that a cash player can request in an outpayment is dependent on the respective payment method.
4. A request for a payout cannot be made while a game, involving the player that makes the request, is being played.
5. The company fulfils payment obligations by transferring the requested amounts due to an account named by the player and registered in the name of the player or by another payment system, depending on technical availability on the website. Payouts via credit card are not available. Any transaction costs due (e.g. for international transfers) are borne by the player. Unless any problem arises, payouts may only be remitted to the same bank account/payment method chosen for deposit. Methods available for withdrawals are bank transfer, credit card, PayPal, Skrill and Neteller. The methods on offer may vary, depending on the players’ country of origin and the players’ account settings. All available withdrawal options are shown in the payout section of the website.
6. The company undertakes thorough checks whenever a player requests a payout. Therefore it can take up to 10 working days until a payout can be transferred to the account requested by the player. Furthermore the company reserves the right to verify the entitlement of the player and, in case of doubt, to retain the payment. To provide evidence of the entitlement, the player is required to submit to the company a written request for payment and a copy of an official and valid proof of identity (passport, ID, drivers licence) per mail or e-mail on request of the company. An identity check is carried out in the course of the first pay out of winnings to the player, and in each case that the payout sum exceeds €300. The personal data of the player owning the cash account and the owner of the bank account must correspond. The company is entitled to request further evidence identifying the player (e.g. a certified proof of identity) and verifying the named bank account prior to any out-payment and to retain the amounts until sufficient evidence has been provided.
7. In the event that a Player would like to recover funds held in a blocked Account, the player is kindly requested to contact our Support team via email to firstname.lastname@example.org.
8. The company complies with Maltese and European laws, regulations and guidelines for the prevention of money laundering and 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 competent Maltese authorities. In any such event, the company is prohibited from disclosing to the player/s concerned and/or to any third parties that an investigation is being or may be carried out, or that information has been or may be transmitted to the competent authorities. Exceptions to this restraint are only possible under limited circumstances. Furthermore, in the event of any suspicious transaction/s the company may suspend, block or close the account/s of the relevant player/s and withhold funds as may be required by law and/or by the appropriate authorities.
D. Inactivity and Deletion of Player Account
1. If a Money Player account remains inactive (i.e.: when no login is performed at the operator’s website) for a period of more than 12 months, the operator is entitled to charge a monthly account maintenance fee of €5 (see F.3), commencing in the 13th month of inactivity. Following 12 months of uninterrupted inactivity, the operator will send a reminder mail to the user via the e-mail address saved in his/her account details. Upon receipt of this reminder mail, the user will have 30 days to log into his/her player account. If no login is registered within this 30-day period, €5 of real money credit or bonus money credit will be deducted from the balance. If the player logs in within the 30-day period, no charge will be incurred. If the account remains inactive after 13 consecutive months, the user will be sent a reminder mail every month and a monthly charge of €5 will be incurred and deducted from the real money credit or bonus money credit of the player account accordingly. Where an account has been classified as inactive, the player retains the possibility of logging into their account and withdrawing all funds remaining in that account through the available payout methods outlined in these General Terms and Conditions.
2. If the player account remains inactive for more than 12 months and the account balance is €0, the operator is entitled to delete the player account.
3. The inactivity fee will be incurred on a monthly basis until the next login is performed at the operator’s website. If there is no real/bonus money credit in the user's player account, no inactivity fee will be charged.
4. If no transaction has been recorded on a player’s account for thirty months and if there is still a real money balance on the account, the operator remits the remaining real money balance to the player’s bank account. If the player or his bank account cannot be satisfactorily located, the remaining real money balance will be remitted to the Malta Gaming Authority (MGA), provided that no claim shall lie against the operator.
5. The player is allowed to request reimbursement of any inactive account fee paid. Reimbursement will only be granted if the player can provide adequate proof of one of the following instances:
- when the player could not access his account due to lack of internet connectivity;
- when the player could not access his account due to health related impediments;
- when the player could not access his account due to sincere and genuine reasons;
- when the player activates the account after all real money or bonus money balance is at 0€ due to incurred inactive account fees, as long as such activation is within a three (3) months from when the last fee was incurred. In such a case, the operator will pay a maximum of up to six (6) months inactive account fees;
and in any other situation whereby either the MGA or the operator deems the player’s request to be justified.
E. Wagers and Conditions of Winnings
1. Cash players can play against each other and wager cash. The stakes are set on a sliding scale set out in the help menu of each game.
2. Only games played in accordance with the applicable rules of the game are scored as won games. Furthermore, during the entire time a game is played, the players’ computers must have a working connection to the game server. If the connection gets lost during a game, there are different mechanisms which take over in order to end the game in an orderly and fair manner. The mechanisms in place are depended on the type of game played. Further information about game interruptions can be found on the website in help menu under FAQs.
3. When a game is duly rated, the total amount of wagers minus the company fees (see Part III F.2) will be credited to the cash account of the winner.
4. The company reserves the right to correct results in hindsight or to declare results void, if the result of a game was caused by a technical default, fraudulent behaviour of a player or through a fake wager. If this correction leads to a negative balance on the player account, the player is obliged to settle the difference by crediting the account with the required amount.
1. The registration and set up of a test account and upgrade to a cash account are free of charge.
2. In consideration of the provision of the games service, the account management and the solicitation of the players on the games website, the company retains a fee (called “Rake”), calculated as a percentage of the amounts wagered by the players. A sliding scale applies and is calculated in correspondence with the amounts wagered. The applicable percentage is set out in the help section of the respective game.
3. Following uninterrupted inactivity for a duration of at least 12 months, a monthly account maintenance fee of €5 will be charged by the operator after the 13th month of continuous inactivity.
4. For payouts the company shall charge a fee of €1 that will be retained from the transferred amounts. The processing fee for making a withdrawal depends on the payment system selected by the user.
5. For the cancellation and return of an already completed payment, the company may charge a fee of €12.
6. For each reminder relating to a payment return the company may charge a fee of €4.
7. For the deletion of a cash account the company shall charge a fee of €3.
8. Any other costs relating to the transfer of funds (e.g. bank fees for out payments, in payments, or administration charges) or additional charges (e.g. for credit card returns or charges for international transfers) are borne by the player and the company is entitled to debit such costs from the cash account. Costs for return or unintentional payments (e.g. due to the provision of an inaccurate account number or insufficient funds on the account) that are within player’s responsibility are borne by the player. The company’s right to claim further damages from the player (such as legal fees or fees of a collecting agency) are not affected. The company is entitled to retain such costs from the player’s account and to instruct a collecting agency to collect money due from the player at the player’s cost.
9. All fees and/or charges payable in connection with this Agreement, including but not limited to the use of the gaming services shall be inclusive of VAT where applicable.
IV. DATA PROTECTION
1. When opening an Account on the website the player provides certain personal data to the Company and acknowledges that such data shall be processed by the Company.
2. In processing personal data of players, the Company adheres to the Data Protection Act (Chapter 440 of the Laws of Malta) and other relevant regulations, legal notices and/or similar rules applicable in Malta and in the European Union, taking into account the Data Protection Directive (Directive 95/46/EC) and the E-Privacy Directive (Directive 2009/136/EC). In line with the requirements of the Data Protection Act, the Company has notified the Commissioner for Data Protection of the processing of players’ personal data.
a. the administration, including financial administration, and maintenance of the player’s Account;
b. the provision of the Games and the Services to the player;
c. the performance of the Terms and Conditions;
d. complying with laws and regulations applicable to the Company and/or its affiliated parties.
e. the improvement of our products and services;
f. the provision of customer services;
g. conducting research.
4. By consenting to receive promotional and marketing material, you agree to the processing of your personal data for marketing purposes (including remarketing) and the dissemination of promotional material relating to the Company, its affiliated parties or third parties, including, but not limited to, offers, bonus schemes, software updates, new games and other information which the Company and/or its affiliated parties may deem to be of interest to You.
9. The Company may also be required to share players’ personal data with the Regulatory Authority and/or other public authorities to comply with its regulatory or other obligations in terms of law, and for these purposes the player understands that his/her personal data may be transferred to such authorities, being established locally or under foreign jurisdiction, provided that these authorities are legally empowered to request such information.
10. In line with the principles of data protection, the Company undertakes to retain personal data of players only for as long as is necessary. Notwithstanding this the player acknowledges and agrees that his personal data may be retained and used by the Company even after the deletion or closure of his Account, if this is required for administration purposes and/or for complying with legal obligation of safekeeping.
11. The Company is entitled to save and process connection data, in particular source and destination IPs and all other log files, for the protection of its own server and the servers of third parties. The Company is further entitled to process the data of anonymous statistics.
13. The Company will use all reasonable means to protect the player data stored on its server. Notwithstanding this, the Company is not liable should a third party unlawfully seize and process such data. All claims for damages by a player or a third party against the Company in connection with such event are explicitly excluded.
14. Players have the right to access their personal data held by the Company in accordance with the Data Protection Act. Furthermore, players are at any time entitled to change, amend or delete their respective personal data. The Company shall ensure that such personal data is, upon request and when not required for website-related administration or pending legal proceedings or administrative procedures, deleted. Players are however advised that with the deletion of the personal data required for Account registration, the Account relating thereto will automatically be deleted.
15. The player warrants that all information contained in the Application Form submitted to the Company is true, accurate, and complete, and corresponds to the name(s) appearing on the credit cards used for the deposits and payments of gains. The Company reserves the right to cancel your Account in the event that the information provided to the Company is found to be false, inaccurate, deceitful or incomplete. It is the player’s responsibility to inform us immediately of any changes to the player’s personal data.
16. If the Company becomes aware that a person has provided false information in this respect, the Company shall not register an Account for such person and where an Account has already been registered, the Company shall immediately cancel that person’s registration as a player with the Company. The player also agrees to update this information should there be any changes to the personal data provided.
17. The provider ensures that data is processed in accordance with the PCI DSS (Payment Card Industry Data Security Standards) for payment transactions.
1. The company and/or their vicarious agents are liable only for damages beyond the scope of the Product Liability Law caused deliberately or due to gross negligence. The company is not liable for slight negligence, acts of nature beyond control, consecutive damages, pecuniary damages, lost profit, lost data, lost interest and for damages from claims of third parties.
2. The company offers the software on the website “as is”, with no warranties or assurances whatsoever. The company is not liable for any damages or losses that are alleged to have been caused by any errors in the software on the website. In the event of a software error or a miscarried or aborted game as provided in the Remote Gaming Regulations of 2004 (Legal Notice 176), any funds used by the player to play that particular game, will be refunded by the company to that player so that the player will find himself in the same position he was in before commencing the game.
3. The company is not liable for the website and the games performing without any interruptions, not containing any programming defaults and/or identified defaults being corrected, or for any resulting damages. Further, the company cannot be held liable for the website, its connected servers or the system of third parties accessing the website not containing viruses or other damaging components, which could cause damage to the computer, hardware and/or software of the player, nor any resulting damage. Moreover, the company reserves the right to cease the operation of the software on the website in order to correct any errors or cure any viruses.
4. The company is not liable for mistakes in the course of data entry, storage and processing and for the content, completeness and accuracy of transmitted data. In particular, the company reserves the right to correct obvious mistakes during the storage and processing of results (e.g. the mistakes relating to the identity of the players), wagers, prices, quotas etc.).
5. The company is not liable for damages of any kind that are caused by the undue use of the account by the player or third parties.
6. The company is not liable for player content or the content of advertising inserts, but reserves the right to delete content that contravenes the law or the General Terms and Conditions, when they become known and to pass on such information to the public prosecution authorities if instructed to do so.
7. In the case of infringement of the General Terms and Conditions of the website by the player, the player shall hold the company blameless from any claims by third parties and any losses, costs or damages resulting thereof.
VI. GENERAL PROVISIONS
1. The player acknowledges that some of the games offered contain an element of luck as well as an element of skill. The generation of the elements of luck is based on an internationally acknowledged random number generator and is not influenced by the company in any way. Further information on the random number generator is set out under the help section on the website.
2. Every player accepts that the company is entitled to refuse the registration of a player and to limit or block the access of particular players to games at its own discretion. Nevertheless contractual obligations already made between the company and the player must be honoured. Further, the player accepts that the granting of bonus money can be withdrawn by the company and that the stakes and winnings of player can be retained, should they be connected with an account that has been closed or limited, or an account, which has no claim to winnings as they have expired.
3. Players will be informed of any changes or amendments to the General Terms and Conditions per e-mail or notices on the website. Where such changes or amendments take place, the players will find a pop-up requiring them to accept the new General Terms and Conditions before continuing to use the games. Players are obliged to regularly inform themselves about the current General Terms and Conditions.
4. All notices relating to this contract are only valid if they are published on the website or sent per e-mail to the address specified by the player in the registration or thereafter.
5. The player will notify the company of changes of name, address or e-mail address and bank details without undue delay through making the relevant amendments on the website. If the player does not notify such changes, the last data entered will be binding.
6. If any of the provisions of these General Terms and Conditions are found invalid, the other provisions remain in full force and effect.
7. The player shall not assign to any third parties, any claims he/she may have against the company.
VII. COMPLAINT HANDLING
1. The company endeavours to provide a high quality service to its players at all times. However, players may for various reasons feel that they are not satisfied with the level and/or quality of service and may wish to file a complaint by email at email@example.com with the word ‘COMPLAINT’ in the subject.
2. Our Customer Support team will attempt to handle a player’s complaint as soon as is reasonably possible. If the team cannot resolve the complaint they will escalate it to the management for solution.
3. In any case the player will receive a response to the complaint within a period of 5 working days.
4. Should the player feel that the company has not adequately solved their complaint or has failed to reply to their complaint they may escalate the issue directly to the Malta Gaming Authority by email at firstname.lastname@example.org
Version 1.13, Dated 18th May 2015