*Terms and Conditions last updated on 12th February 2019 (version 4)
English Terms & Conditions always take priority
1. Introduction
1.1
Please read these terms and conditions carefully before you start to use any section of this Website. By using any section of the Website or by opening an account through this Website, you agree that you have understood and accepted and shall be bound by:
• these Website Terms and Conditions (Website Terms);
• rules of each game or product which you are playing;
• the General Promotional Terms and Conditions;
• any terms and conditions and or rules with regards to promotions, bonuses and special offers which may apply from time to time (including Significant Terms and Conditions);
• Our Privacy Policy and Cookie Policy; and
• Any other rules and terms and conditions made available on the Website, (together the Terms of Use).
1.2
Your continued use of the Website will constitute acceptance of the Terms of Use and a legally binding agreement between you and the relevant entity outlined in clause 2 (Parties and Licensing).
1.3
These Terms of Use apply when you use the Website and supersede any previous agreements in relation to your use of the Website.
1.4
In the event of any conflict between the Terms of Use, the order of precedence shall be set out in clause 1.1 (Introduction). The Terms shall also apply to all betting or gaming via mobile and tablet devices including downloadable applications to a mobile device (as if references to your use of the Website were references to your use of mobile devices betting facilities).
1.5
You acknowledge that there is a risk of losing money when gambling through the Website and you are fully responsible for any such loss.
2. Parties and licensing
2.1
The Terms of Use shall be agreed between you and White Hat Gaming Limited, a Maltese company whose registered address is 85 St John, Valletta, VLT1165, Malta
2.2
Unless otherwise stated, ‘you’, ‘your’, ‘user’ or ‘player’ means any person who uses our software and/or the Website. Unless otherwise stated, ‘we’ ‘us’ or ‘our’ refers collectively to the relevant entity outlined in clause 2.1 (Parties and Licensing) and its subsidiaries, affiliates, directors, officers, employees, agents and contractors from time to time.
2.3
Gambling activity carried out via this Website is licensed and regulated by the Malta Gaming Authority (MGA) with licence numbers: MGA/B2C/370/2017 issued on the 01/08/2018.
3. Changing the terms of use
3.1
We reserve the right to make changes to the Terms of Use at any time. The Terms of Use may be changed for a number of reasons, including, but not limited to, customer service reasons, complying with applicable laws, regulations or regulatory guidance.
3.2
We recommend that you revisit and read these Terms of Use regularly, as they govern your use of the Website. We will ensure that any changes to the Terms of Use will be notified to you by an appropriate method (for example, by email or via a notice on the Website in which you need to reconfirm your acceptance of those terms) before such changes come into effect. It is your responsibility to ensure that you agree with any changes made to the Terms of Use and your continued use of the Website will be deemed to be your acceptance of any changes that we may make.
4. Registering your account
4.1
By opening an account with us and/or by using the Website you acknowledge, agree and warrant that you:
• are at least 18 years of age and above the legal age for gambling in the jurisdiction you are a resident;
• are legally capable of entering into binding contracts;
• have supplied all information when registering with the Website that is accurate and complete and will ensure that such information is kept updated throughout your use of the Website;
• are resident at the address you provide us and are a resident in a territory that permits gambling to occur;
• are not restricted from opening an account under clause 7 (Restricted Territories);
• have not excluded yourself from gambling on this Website;
• have a valid bank account or credit or debit card or alternative payment method;
• you are the legitimate owner of the money you deposit and any money that you deposit into your account is not tainted with any illegality and does not originate from any illegal activity or source;
• have no existing accounts registered by you on this Website;
• you are not playing or acting on behalf of somebody else and you will not sell, transfer and/or acquire accounts to/from other players;
• participation on the Website is for fun and not for financial dependency (or similar) reasons; and
• will comply with the Terms of Use at all times in relation to your use of the Website.
4.2
By registering for an account, you hereby consent to us contacting you through any and all means of communication (whether in written or verbal form and including, but not limited to email, telephone and SMS) in respect to matters relating to your account.
4.3
In the event of any of the warranties outlined in clause 4.1 (Registering Your Account) being false, your stake will be forfeited and we shall not be obliged to pay any winnings. We may also report the matter to the police, parents (in relation to underage gambling) and the appropriate regulatory authority.
4.4
We may decline acceptance of an account application at any time and for any reason.
4.5
From time to time we offer promotions for new accounts. You are not eligible to receive new account promotions if you are one of our existing customers.
4.6
Employees of the entities outlined in clause 2.1 (Parties and Licensing), its licensees, distributors, wholesalers, subsidiaries, advertising, promotion or other agencies, media partners, retailers and members of the immediate families of each are not eligible to participate in the games.
5. Verification checks
5.1
By opening an account, you agree that we may perform certain verification checks (“Verification Checks”) as described in further detail in this clause. Please note that we reserve the right to close, suspend or terminate your account at our sole discretion if there is any issue with the Verification Checks.
5.2
EMAIL VERIFICATION: You may be asked to verify your email via an activation link or other proof that the email account belongs to you. If this step is not completed, the account may be suspended and any winnings voided until the account details have been verified.
5.3
AGE VERIFICATION: Electronic age verification checks are carried out and we may make use of third party agencies to confirm your age. We may require and request further information directly from you. If, upon completion of Verification Checks (or subsequently) you are ultimately proven to be underage: (i) your account will be closed; (ii) any winnings obtained while using the Website will be retained by us; and (iii) all funds deposited by you will be returned by a method determined by us. Any monies already withdrawn will be deducted from the amount returned.
5.4
ADDITIONAL VERIFICATION CHECKS: We may make use of third party agencies to confirm your age, identity, address, payment details and methods or any other information that you provide to us. This process will involve checking the disclosed details against certain (public or private) databases. By entering into this process, you agree that we may use, record and disclose such personal information and this data may be recorded by us or them. The third parties that we use is fully aware of its obligations under the Data Protection Act and will always act in accordance with its provisions and our instructions.
As part of our Verification Checks, there may be requests for supporting ID or other documentation or information which you will be advised of at the time. We may suspend your account and/or prevent you from placing any further bets until you have satisfactorily completed these Verification Checks.
Please note that we may decide to carry out further Verification Checks (including requesting extra documents or information) to confirm, without limitation, your identity, age and address or payment method details at any time. This is to satisfy our licence obligations, routine security checks and to safeguard the integrity of your account.
If, upon completion of Verification Checks, we are unable to verify your details or you are unable and/or unwilling to provide proof of your residential address, or other information required to complete verification, we will within a reasonable time: (i) close your account; and (ii) return any residual balance, up to the value of your initial deposits, at the time of the unsuccessful verification (please note that any excess winnings will not be credited).
5.5
AML VERIFICATION: In addition to the above and as part of our compliance with EU anti-money laundering directives, we may at any time (including, but not limited to, certain stages of your account registration) ask you to not only verify your identity and address but also request proof of ownership for any payment methods used to deposit or withdraw funds (including the source of your funds or wealth).
It is unlawful to deposit, or attempt to deposit, funds obtained from criminal, illegal or fraudulent activities into your account. We are required to monitor any unusual or suspicious transactions of any size and report suspicious transactions and fraudulent activity to the appropriate regulator, and we may report such activity to the police or relevant authorities. Please note that if you decide not to answer any requests for information then it may lead us to have to make the unfortunate decision to close your account.
6. Use of our website
6.1
Access to our Website is permitted on a temporary “as is” basis, and we reserve the right to withdraw, suspend or amend any aspect or feature of the Website without any notice. If the need arises, we may suspend access to parts of our Website or the entire Website for maintenance purposes. We will not be liable if, for any reason, our Website is unavailable at any time or for any period.
6.2
We may, in our absolute discretion, change, amend, withdraw, add the content (including games, betting products or elements of the betting product) of our Website at any time without notice (provided such changes do not affect games and/or bets already in progress). We shall not be liable to you for any loss suffered as a result of any changes made or for any modification or suspension of or discontinuance of the Software or Service and you shall have no claims against us in such regard.
6.3
You shall use the Website for your own personal, domestic and noncommercial use only and shall not be allowed to provide access or reproduce the Website or any part of it in any form whatsoever without our express consent, including creating links to it.
6.4
You shall not use the Website for any purpose which is or is likely to be considered to be defamatory, abusive, obscene, unlawful, of a racist, sexist or other discriminatory nature, or which could cause offence.
6.5
You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website. We cannot guarantee that our Website will be compatible with any hardware or software that may be used by users of the Website.
6.6
You are solely responsible for making all arrangements necessary for you to have access to the Website. We will not be liable for any losses caused to you by the internet or any telecommunications service provider which you have engaged in order to access the Website.
6.7
If you want to report an error or have any questions, please contact the Customer Support Team. Please note that any calls to our Customer Support Team may be monitored or recorded (of which you will be notified at the beginning of the call if it is being recorded or monitored) for training and quality management purposes and to assist us in quick and effective resolution of queries.
7. Restricted territories and restricted jackpot territories
7.1
The right to access and/or use the Website (including any or all of the products offered via the Website) may be illegal in certain countries (including, for example, the USA) – this is what is referred to as a “Restricted Territory”. You are responsible for determining whether your accessing and/or use of the Website is compliant with applicable laws in your jurisdiction and you warrant to us that gambling is not illegal in the jurisdiction where you reside. Such Restricted Territories include, but are not limited to, individuals residing in:
Afghanistan, Albania, Algeria, American Samoa, Angola, Australia, Bahamas, Belgium, Bolivia, Botswana, Bulgaria, Cambodia, Côte dIvoire, Cuba, Denmark, Ecuador, Estonia, Ethiopia, France, Ghana, Guam, Guyana, Hungary, Indonesia, Iran, Iraq, Israel, Italy, Kenya, Lao Peoples Democratic Republic, Latvia, Lithuania, Martinique, Myanmar, Nigeria, North Korea, Northern Mariana Islands, Pakistan, Palestine, State of, Panama, Papua New Guinea, Poland, Portugal, Réunion, Romania, Russia, Samoa, Sao Tome and Principe, Saudi Arabia, Serbia, Singapore, Slovakia, Slovenia, South Africa, Spain, Sri Lanka, Sudan, Switzerland, Syria, Tanzania, Thailand, Trinidad and Tobago, Tunisia, Turkey, Uganda, United States, United States Minor Outlying Islands, Vanuatu, Vietnam, Virgin Islands (U.S.), Yemen, Zimbabwe.
7.2
The following countries are not eligible to play progressive jackpot games, and any winnings of any of the Jackpots will be voided: Azerbaijan, India, Japan, Malaysia, Qatar and Tunisia (Restricted Jackpot Territories).
7.3
We reserve the right to amend the Restricted Territories List and Restricted Jackpot Territories from which we will not open accounts, or process bets or financial transactions from time to time and at our sole discretion.
7.4
If you open or use the Website while residing in any Restricted Territory, or when a new territory is added to the Restricted Territories List: your account may be closed by us immediately; any winnings and bonuses will be confiscated and remaining balance returned (subject to reasonable charges), and any returns, winnings or bonuses which you have gained or accrued will be forfeited by you and may be reclaimed by us; and you will return to us on demand any such funds which have been withdrawn.
7.5
The availability of the Website does not constitute an offer, solicitation or invitation by us for the use of betting, gaming or other services in any jurisdictions in which such activities are prohibited by law. Under no circumstances will we be liable for any breach of state or country law that may occur as a result of your usage of the Website.
8. Maintaining your account
8.1
Customers may open and operate only one account. Should we identify any customer with more than one account we reserve the right to close such accounts, and to void any winnings and bonuses from all accounts. Once completed, any remaining funds will be returned to you subject to the deduction of any payment processing charges.
8.2
When opening an account, you are requested to choose your own username and password. You should ensure that these details are kept private, as you are responsible for all bets placed on your account, where the correct security information has been provided. If you lose, or forget, your username and/or password, or if you believe that a third party is aware of them, you should contact us immediately so that new security details can be allocated to you. These new details will be emailed to you.
8.3
If another person accesses your account you are solely responsible for all their actions whether or not their access was authorised by you and you hereby indemnify us and hold us harmless against all costs, claims, expenses and damages arising in connection with the use of or access to your account by any third party.
9. Account funds, deposits and withdrawals
9.1 Account Funds:
We hold customer funds for all customers (irrespective of location) separate from company funds in a separate bank account which is used for customer funds only.
9.2 Deposits:
• Deposits to the player account are made by transfer of money to the account by way of the payment methods stated in the Deposit tab upon login to your account.
• We reserve the right to change the forms of payment that we may accept from time to time.
• You may only use payment methods registered in your own name to make deposits.
• We may limit your deposits on any single day.
• We further reserve the right to accept certain methods of payment only subject to the fulfilment of certain conditions.
• We do not warrant that all methods of payment are available at all times.
• We do not accept cash funds sent to us.
• The transfer of funds between accounts on our network is prohibited.
• By depositing money, you agree not to make any charge-backs, reversals or otherwise cancel any deposits into your account, and agree to refund and compensate us for unpaid deposits.
• We accept no responsibility for any currency exchange conversions, charges or fees levied by your card issuer, bank or financial institution.
• Please be advised that our products are consumed instantly when playing or betting. Thus, we cannot provide returns of goods, refunds or cancellation of your service when playing or betting. If you play a game or service with real money, the money will be drawn from your player account instantly.
• Your account should not be used as a banking facility/account and deposits should only be made with a view to using funds to place bets. Your account is not insured, guaranteed, sponsored or otherwise by any banking insurance system nor shall it earn any interest. Should you make repeated deposits and withdrawals without commensurate bets being placed, we reserve the right to pass on to your accounts, without prior notice any bank charges we have incurred before closing the account.
• Billing descriptors: Your credit card, debit card or e-wallet will be billed immediately after purchase. Please contact Customer Support for queries regarding billing descriptors on your statements.
9.3 Withdrawals:
• No withdrawal will be processed, and funds cannot be withdrawn from your account until: (i) Verification Checks have been satisfactorily completed; (ii) payments have been confirmed; and (iii) you have complied with any other withdrawal conditions, specific rules and promotional terms relating to your use of the Website and/or affecting your account (for example, any applicable bonus terms). Please note that Verification Checks include checks on your identity, age, place of residence and proof of ownership for any payment methods used (including the source of your funds or wealth) as further set out in clause 5. We may withhold any withdrawal in instances where you have not complied with any of the conditions in this clause.
• Should you wish to withdraw some or all of your balance you may select how much you wish to have paid back.
• All withdrawals will be paid back to the same payment method used to make a deposit on the account. The withdrawal methods will become available once a successful deposit is made with such method.
• Where your withdrawal method is no longer valid or available (for example, it has expired) your withdrawal will not be processed, and you will be asked for details of an alternative payment method. We may request further information or documentation from you in this instance.
• Once a withdrawal is requested, it will remain pending for between 1-2 days. Once approved it will be processed immediately but may take up to 3 working days to reach your account - this period will vary depending of the withdrawal method selected.
• The minimum withdrawal is $20. To make a withdrawal, you must have made or make a minimum of one purchase in your lifetime with us and you have wagered at least once, in full, the deposited amount.
• Unless otherwise agreed in writing, the maximum you may withdraw in any week is 5000.00 USD - Weekly. VIP players may be eligible for a withdrawal limit increase.
• You may only use payment methods registered in your own name to make withdrawals. It is your responsibility to submit the correct bank account details (where applicable) for payment of withdrawals. We cannot repay payments made by us to any other account due to incorrect account details provided by you.
• Funds may be deducted from withdrawals in compliance with and as required by any applicable regulation or law.
• If we mistakenly credit your account with winnings that do not belong to you, whether due to a technical error, error in the pay-tables, or human error or otherwise, the amount will remain property of us and the amount will be deducted from your account. If you have used any such amount to place wagers, we may cancel these wagers and void any winnings. If you have withdrawn funds that do not belong to you prior to us becoming aware of the error, the mistakenly paid amount will (without prejudice to other remedies and actions that may be available at law) constitute a debt owed by you to us and we may take steps to recover such amount. In the event of an incorrect crediting, you are obliged to notify us immediately by email.
• All transactions shall be checked in order to prevent money laundering. We shall report any suspicious transactions to the relevant competent authorities in Malta and/or the country you are based in. If you become aware of any suspicious activity relating to any of the games or anything relating to the Website, you must report this to us immediately. We may suspend, block or close an account and withhold funds if requested to do so in accordance with applicable law.
• Enhanced due diligence may be done in respect of withdrawals of funds not used for wagering.
10. Payments of winnings
10.1
Returns due on bets placed will be added to your current deposit balance once the bet has been settled. This balance will remain in your account unless you submit a request that part, or all, of the outstanding balance is returned to you. If your balance is zero, you will be required to transfer more funds before you are able to place any bets. We do not offer any form of credit at any time.
10.2
Your processed funds will leave us at the close of business each bank working day and the timing for processing will varying depending on the time as well as the country and financial institution in question.
10.3
Please note that payment of winnings may be subject to further Verification Checks as set out in clause 5.
10.4
If you win $100,000 or more, we reserve the right to divide the payout into ten instalments, paid as 10 per cent every month for 10 months until the full amount is paid out. You will not get any interest on outstanding amounts and you shall not treat us as a financial institution.
10.5
If required, it will remain your responsibility to report any winnings and losses to your local law, regulatory, or tax authorities or any other relevant authorities. We will not be liable to such authorities for any payment of your personal taxes. Please note that regulatory changes in respect of taxation in certain jurisdictions may have an impact on these Terms of Use, and may include the deduction of any applicable levy from your winnings or withdrawals.
11. Currencies and currency arbitrage
11.1
Players must register and play in the currency of their country. If the currency of your country is not offered, then play must be in Euros (EUR). Should players not observe this rule, all winnings derived from the resulting game play will be forfeited.
11.2
Players are strictly prohibited from utilising the Website and its systems to facilitate arbitrage through Currency Exchange transactions. Where we deem in our sole discretion that a player has deliberately used the aforementioned systems for financial gain through arbitrage, any gains will be forfeited and deducted from the player’s balance without warning or notification.
12. Maximum payout and jackpot wins
12.1
The maximum amount that we shall be obliged to pay to you in respect of any one bet or spin shall be limited to
$250,000through this Website. This figure does not include any potential Progressive Jackpot winnings. You acknowledge and agree that for certain products your approved staking level may mean that you have the opportunity to win more than the amount set out above. You agree that we shall only be obliged to pay to you the maximum amount specified above.
12.2
Jackpot wins: We may choose to make available to you pooled Progressive Jackpots. All Progressive Jackpot winnings will be subject to our confirmation. Our decision will be final and no correspondence will be entered into. Progressive Jackpot Accuracy: Should you win the pooled progressive jackpot with this Website; an automated pop up will notify you that you have won the jackpot. The pooled jackpot amount may be in another currency and therefore the actual final amount payable to you may be smaller due to the foreign exchange rates between the time of the win and when the winnings are paid out. It should also be noted that any Jackpots in excess of
$250,000may take up to 30 days to be paid to the player. We use reasonable endeavours to ensure that the Progressive Jackpot value displayed in a game matches the value on the game server. However, it is the Progressive Jackpot value on the server that is used when the Progressive Jackpot is paid out. A small discrepancy may arise due to the delay between the initial Progressive Jackpot being displayed to you and the Progressive Jackpot that is actually won and paid out. Although unlikely, it is theoretically possible for the Progressive Jackpot to appear to be won by more than one player during the delay period mentioned above. If more than one player appears to win a Progressive Jackpot simultaneously then the player recorded on our servers and/or our game or service providers’ servers as having won the Progressive Jackpot first shall be the recipient and the subsequent players(s) shall win the value of the Progressive Jackpot when reset. In the extremely unlikely event of the server recording a win truly simultaneously, we may share the Progressive Jackpot equally between the winning players.
13. Chat facility
We may provide you with a chat facility to enable you to communicate with our Customer Support Team. We may review and keep a record of all such content on our chat facility. We reserve the right to remove or amend this Chat Facility at our sole discretion.
14. Responsible gambling: player protection and controls
14.1
As part of our Responsible Gambling Policy we provide you with the ability to control and limit your spending, options to temporarily take a break from your account (timeout) and an option to self-exclude and close your account for a set period of time. To view our Responsible Gambling policy and for more details on how you can control your gambling please visit the Responsible Gambling link of the Website.
14.2
If you breach our Responsible Gambling Policy, we may suspend or close your account.
15. Closing your account
15.1
You may close your account at any time by contacting Customer Support.
15.2
We reserve the right to close your account at any time for any reason. If we terminate your account for any reason the provisions set out below shall apply:
(i) you agree that we shall not be liable to you for any termination of your account or your use of the Website;
(ii) your sole remedy in the event of termination of your account shall be the re-imbursement of any undisputed account balance you may then have and we shall have no further liability to you whatsoever.
(iii) where we terminate your account due to you breaching any of these Terms of Use, we have the unfettered discretion to avoid any winnings and confiscate any balance. Such breaches include, but are not limited to:
• If you have more than one active account (or control more than one active account);
• you are in breach or any of your warranties;
• If you have opened an account having previously been banned from opening any further accounts within our network;
• we are required to do so pursuant to any legal and regulatory obligations;
• If the name on your account does not match the name on the payment method used to make deposits;
• If you provide incorrect or misleading registration information;
• If you reside in a Restricted Territory;
• If you have allowed or permitted (intentionally or unintentionally) someone else to play on your account;
• If you have "charged back" any of the deposits made with your credit card on your account;
• If you are found colluding, cheating, money laundering or undertaking fraudulent activity;
• If it is determined by us that you have employed or made use of a system (including machines, computers, software or other automated systems) designed specifically to defeat the casino;
• If you make statements that are sexually explicit or offensive in the chat facility or to any of our staff members, including expressions of bigotry, racism, hatred or profanity;
• The use of robotic, mechanical, electronic, or other devices to automatically make playing decisions in any game (without our explicit consent); or
• If we should become aware that you have played at any other online casino in bad faith or under any of the circumstances set out above.
15.3
Upon termination of your account, you agree and acknowledge that your rights to use the Website shall immediately terminate and you will remove any software provided to you or downloaded from the Website.
16. Inactive account
16.1
If you do not use your account to carry out any betting activity for a period of 12 consecutive months, such account shall be deemed to be inactive (Inactive Account). Any Inactive Account will be subject to the following:
• Following 12 months of uninterrupted inactivity, we will send a reminder mail to you via the e-mail address saved in your account details. Upon receipt of this reminder mail, you will have 30 days to log into your player account. If no login is registered within this 30-day period, $5 of real money credit will be deducted from the balance. If the balance is less than $5 then the whole amount will be deducted. If the account remains inactive for 13 consecutive months since your last login, you will be sent a reminder mail every month and a monthly charge of $5 will be incurred and deducted from the real money account accordingly until either the balance is $0 or you log into your account.
• We reserve the right to close any Inactive Account whose balance has been reduced to zero for a consecutive period of 6 months.
17. Downloads
For certain of our betting products and services offered through our Website you may need to download software in order to use them and we will licence the software to you (or sublicense to you, to the extent the software is owned by a third party). The terms upon which you may download and use any such software will be made available to you at the time of download and must be accepted by you prior to your use of that software.
18. Play for fun account
18.1
We ensure that the return to player (RTP) and game rules are identical for play for fun as play for real. You should only open a nonplay for fun account when you feel comfortable about playing the game for real money. You can always maintain a play for fun and play for real account.
18.2
By registering for a play for fun (practice) account, you hereby consent to us contacting you through any and all means of communication (whether in written or verbal form and including, but not limited to email, telephone and SMS) in respect to matters relating to your account.
19. Indemnity
You agree to fully indemnify, defend and hold us, and our officers, directors, employees, agents, suppliers, harmless immediately on demand, from and against all claims, liabilities, damages, losses, costs and expenses including legal fees, arising out of any breach of the Terms of Use by you or any other liabilities arising out of your access and use of the Website and games or the software on the Website (or by anyone else using your username and password).
20. Fraud
20.1
We reserve the right to seek criminal and contractual sanctions against you if you are involved in fraud, dishonest or criminal acts and will make such reports as necessary to the authorities.
20.2
We reserve the right to withhold payment to you where you are suspected of engaging in fraudulent, dishonest or criminal activities.
20.3
You shall indemnify and shall be liable to pay us, on demand, all costs, charges or losses sustained or incurred by us (including any direct, indirect or consequential losses, loss of profit and loss of reputation) arising directly or indirectly from your fraud, dishonesty or criminal actions.
21. Complaints and disputes
21.1
Any escalation of a customer enquiry to the Complaints Team will be classified as a "Complaint".
Please note that any calls to our Customer Support Team or to our managers/supervisors may be monitored or recorded for training and quality management purposes and to assist us in the quick and effective resolution of customer queries.
Please note that only complaints raised following the below Procedure will be responded to and dealt with accordingly. Any complaints or issues raised via third party platforms (e.g. social media, chat rooms etc.) will not be accepted and you will be advised to follow our Procedure.
We will not tolerate any aggressive, abusive, threatening, defamatory or other offensive language or behaviour towards our members of staff.
21.2
Complaints Procedure
The complaints procedure is as follows:
Stage 1: Contact Customer Support
Should you wish to make a complaint, you should first (as soon as reasonably practicable) contact our Customer Support Team via Live Chat or email where an advisor (the Support Host) will investigate the query and respond to it. To help us consider the issue, it’s important that we understand your concern, so we may ask you some questions about it. Such as what happened and when. The Support Host will log the contact and make notes on their response.
Stage 2: Further Review
Should your complaint not be resolved at this stage or you are not satisfied with the resolution, the matter may be referred to the Support Host's Team Leader, where they will review the matter and communicate their decision to you.
Stage 3: Escalation:
If you still remain dissatisfied, or if escalation to a Team Leader is not appropriate, the matter may be escalated to the Complaints Team, at which time your enquiry will be recorded as a “Complaint” Your case will be assigned a Case ID, and we request that this be quoted in any correspondence.
We consider our response in Stage 3 to be the final stage of our Procedure and as such we will not enter in to further discussions regarding the complaint once Stage 3 is completed and a resolution has been provided.
Information on your options to escalate to Alternative Dispute Resolution (ADR) provider will be provided to you at this final stage should you remain dissatisfied.
Response times:
Please note that we aim to provide you with a substantive response as soon practically possible and seek to resolve your Complaint within 10 days from the date we receive the Complaint. We shall notify you of any time extensions as part of our initial response.
Confidentiality:
We will do our best to deal with all complaints and disputes confidentially and will at all times comply with the EU General Data Protection Act. We ask that during the Procedure you agree not to reveal the existence or detail of any enquiry, complaint(s) or dispute(s) to any third party, which includes discussions in chat rooms or equivalent forums, and all details pursuant to the Procedure shall be deemed to be confidential information. In the event of unauthorised disclosure of confidential information, the Procedure will be put on hold. In circumstances of unauthorised disclosure, we may lock or close your account(s).
21.3 Complaints closure and referral:
The response of the Complaints Team, known as Stage 3, represents the final stage of Procedure for all complaints. Your options regarding ADR providers is outlined below.
Should you remain dissatisfied in relation to a dispute, you have the option to escalate the matter externally via one of our ADR providers, eCOGRA or The Pogg (each a “ADR Provider”).
There is no charge to you for referring your unresolved dispute to either of the ADR Providers. For any referral made to an ADR Provider, the ruling reached by the ADR Provider will be considered final by all parties.
A process description of the eCOGRA ADR service is available here: http://ecogra.org/ata/policies_procedures.php
You can find information on and submit a compliant to The POGG here: https://thepogg.com/all-complaints/
Alternatively, you can raise your complaint using the Online Dispute Resolution (ODR) platform at http://ec.europa.eu/consumers/odr/.
22. Compliance with laws
Any products accessed through the Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any bets placed through the Website.
23. Information we collect about you
23.1
We process information about you in accordance with our Privacy Policy. Our Privacy Policy forms part of these Terms of Use and contains details on the types of information we collect and what we do with that information.
23.2
We are entitled to share the information we hold on you which includes personal data and betting history with the regulator and other bodies, including the police, in order to investigate fraud and money laundering and to comply with our regulatory duties.
24. Promotions
Please see our Standard Promotional Terms and Conditions and Significant Terms and Conditions (where applicable) for information on promotions, bonuses and offers.
25. No warranty
25.1
We will endeavour to provide the Website using our reasonable skill and care. We make no further warranty or representation, whether express or implied, in relation to the Website. All implied warranties or conditions of satisfactory quality, fitness for purpose, completeness or accuracy are hereby excluded to the fullest extent permitted by law.
25.2
We make no warranty that the Website will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials or as to results or the accuracy of any information obtained by you through the Website.
25.3
In the event of systems or communications errors relating to the generation of random numbers, bet settlement or other elements of the betting product, we will not be liable to you as a result of any such errors and we reserve the right to void all bets on the draws in question. In the event of a discrepancy between the result showing on Your software and our server software, the result showing on the Casino's server software shall be the official and governing result.
25.4
In rare circumstances the result displayed within a game may be incorrect. In the event of a dispute, the result recorded on the game server will stand as the correct outcome. Nothing in this clause shall affect our rights as set out in clause 27 (Right to Void).
26. Right to void
26.1
Where, on the Website, we make an error (whether human or otherwise), we will be entitled to declare the transaction/wager void and withhold any payments.
26.2
We have the authority to adjust your account to reflect the true outcome and rectify the error. An example of such an error might be where a failure occurs in one of our systems or where we enter a result of an event incorrectly.
26.3
Players found abusing such errors/malfunctions are subject to having their account closed and any deposits and/or winnings forfeited.
27. Limitation of liability
27.1
You agree that your use of the Website is at your sole risk. Our maximum liability to you arising out of the Terms of Use, whether for breach of contract, tort (including negligence), or otherwise will be limited to:
• the amount of the bet relevant to the which the liability in question has arisen; and
• where monies paid by you into your account have been misplaced by us, the return of the same amount into your account.
27.2
We shall not be liable to you in contract, tort (including negligence), breach of statutory duty or otherwise arising for: business interruption (including downtime, server disruption, lagging, technical or political disturbance to game play), loss of profits (including loss of or failure to receive anticipated winnings), revenue, business, data, opportunity, business information or goodwill; or indirect or consequential loss, arising out of, or in relation to, these Terms of Use, even if such losses are foreseeable or if we have been notified by you of the possibility of such losses.
27.3
We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website and you confirm that we shall not be liable to you or any third party for any modification to, suspension of or discontinuance of the Website.
27.4
We will not be liable for any breach of the Terms of Use if it is caused by a matter beyond our reasonable control, including acts of God, internet failures (including your internet provider), computer equipment failures, telecommunication equipment or other equipment failures, electrical power failures, fire, lightning, explosion, war, flood, industrial disputes, sabotage, severe weather, or acts of local or central Government or other competent authorities.
27.5
Nothing in the Terms of Use shall exclude or limit our liability for death or personal injury resulting from our negligence or any liability to the extent the same may not be excluded or limited as a matter of law.
28. IT failure
28.1
We cannot be held responsible for a bet not being placed or an offer not being matched for any reason or you being disconnected from the Website, including but not limited to computer malfunctions and failure of telecommunications services or internet connections.
28.2
The balance of your account will always be as is recorded on our server. The balance on the server when logging on to our Website, after you have been disconnected, will reflect the balance after completion of the last bet prior to the disconnection. This is necessary to avoid any further complications. By placing any further bets or offers on our Website, you accept the results of any previous bet. As such (at our discretion) the results of the previous bet are no longer in dispute and no refund or other adjustments will be granted. If you feel the result of any of the games is unfair or incorrect, you should contact us immediately and report the incident.
28.3
In the event of a malfunction in a game, the Service, the Website or any of the related systems, or due to any other error, all bets placed during such period are void and will be refunded. Funds obtained from a malfunction shall be considered void, as well as any subsequent game rounds said funds, regardless of what games are played using such funds. If you are, as a result of such malfunction or error, credited with funds resulting in any overpayment or over-crediting to your account, it is your responsibility to promptly inform us. Without derogating from such responsibility and regardless of whether you do notify us, you hereby agree and expressly authorize us upon becoming aware of any erroneous crediting, or payment of funds, to adjust your account to recover any such funds.
29. Links to our website
29.1
Where our Website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of these sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them or their use of any information they may acquire about you (including personal data).
29.2
A link from our Website does not constitute an endorsement by us of the use of that link, the company or organisation behind that link or the contents of the website reached using that link.
30. Intellectual property rights
The Website and all content and software made available on it (including, but not limited to, the Games) (together the “Website Material”) are our exclusive property or are used under licence by us. We take breaches of our Intellectual Property Rights seriously and may take legal action in respect of any infringements.
30.2
The names of our products and services (including, but not limited to, the names of our Games) are the trademarks of us or our licensors. The Website Material is protected by copyright laws and treaties around the world. All rights in and to the Website Material (including all Intellectual Property Rights) are reserved.
30.3
These intellectual property rights include, without limitation, copyright, trademarks, the underlying software, the design, graphics, layout, look and feel and structure of our Website, database rights, design rights, domain names and rights to goodwill and/or to sue for passing off. You are permitted to use this material and content only as expressly authorised by us.
30.4
The Website Material is made available to you for use on a noncommercial entertainment basis only. Any other use (including, but not limited to, republication) of the Website Material is subject to our prior written approval.
30.5
Without limiting the generality of the foregoing, you may not sell, assign, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorised use of the Website Material without our express prior written consent. Except as permitted by applicable law you must not decompile, re-engineer or disassemble the Website Material, nor attempt to interfere with its correct operation. You agree not to remove, obscure, or alter any copyright, patent, trade mark, or other proprietary rights notices affixed to Website Material. You agree not to use any automatic or manual device to monitor any of our web pages or any content therein.
30.6
We will not be liable to you for any losses nor be liable to pay you any winnings if we have reasonable cause to believe that you have engaged in any activity prohibited by this clause.
31. Miscellaneous
• LANGUAGE: The Terms of Use are written in English, and any interpretation of them will be based on the English version. The English version will always prevail in the event that the Terms of Use or other related documents are translated into any other language.
• RIGHT OF OFFSET: If you owe any money to us for any reason, we have the right to take that into account before making any payments to you or permitting you to withdraw any funds from your account.
• PARTIES TO AGREEMENT These Terms and Conditions form an agreement between you and us and are not intended to give any rights to any third party. This does not affect our right to transfer our rights under subsection b. below.
• TRANSFER OF RIGHTS: We may wish to transfer our rights or obligations under these Terms of Use to any other company within the Group or any other legal entity (including but not limited to if we restructure our business or if there is a sale of our business). You agree that we may do so provided that in the case of a transfer, after we notify you of the date on which we transfer our rights and obligations under these Terms of Use, your rights in connection with these Terms of Use will be against the new legal entity. These of Use are personal to you and you may not transfer your rights or obligations under these Terms of Use to anyone else.
• NO PARTNERSHIP OR AGENCY: Nothing in the Terms of Use shall be construed as creating any agency, partnership, joint venture or any other form of joint enterprise between you and us.
• WAIVER: No failure or delay by us in exercising any right under these Terms of Use shall operate as a waiver of this right. Similarly, any single or partial exercise of any right shall not preclude any further exercise of any of these rights or the exercise of any other right.
• ASSIGNMENT: You may not assign, transfer, charge or otherwise deal in your rights and/or obligations under the Terms of Use without our prior written consent. We are entitled to assign, transfer, charge or otherwise deal in our rights under these Terms of Use as we see fit.
• SEVERABILITY: If any of the Terms of Use are determined by any competent authority 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, Casimba original intent.
• EVENTS OUTSIDE OUR CONTROL: If events occur which are outside our reasonable control then we will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms of Use. If any such events should arise our obligations will be suspended for the duration of the applicable event. The time for performing these obligations will then be extended by a period commensurate to the duration of such event. We will use our reasonable endeavours to resume normal operations despite the occurrence of any such event.
• GOVERNING LAW: These Terms of Use shall be governed by and interpreted in accordance with the laws of Malta and You irrevocably submit to the exclusive jurisdiction of the courts of Malta in relation to any disputes (including claims for set off and counterclaims) in relation to these Terms of Use.
• ENTIRE AGREEMENT: The Terms of Use and any document expressly referred to in them and any guidelines or rules posted on our website represent the entire agreement between us in relation to the subject matter of the Terms of Use and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing. You agree that you shall have no remedy in respect of any misrepresentation which has not become a term of these Terms of Use save that your agreement shall not apply in respect of any fraudulent or negligent misrepresentation whether or not such term has become a term of the Terms of Use.
For Promotional, and Bonus Terms and conditions please see separate “Promo Terms & Conditions” either by following the link at the footer of this page or clicking here.
English Terms & Conditions always take priority
