TERMS AND CONDITIONS OF USE
Version 1.00 (28-Feb-2018)
Your continued use of this website means that you agree to these terms and conditions which. If you do not agree to them then you should immediately stop using this website.
If you have any questions concerning these terms, then please contact Customer Support firstname.lastname@example.org.
These terms and conditions (which we refer to as our “Terms”) apply to your use of our casino and gaming products (the “Gaming Services”) and our betting service (the “Betting Services”) through this website (the “Website”). For convenience we may refer to the Betting Services and the Gaming Services as the “Services”.
1. WHO WE ARE AND OUR REGISTRATION DETAILS
1.1 The Gaming Services and the Betting Services are provided by Eight Central Limited N.V., a company registered and licensed in Curacao with its registered offices located at Dr. M.J. Hugenholtzweg Z/N, UTS-Gebouw, Curacao. Save where otherwise stated, Eight Central Limited N.V. shall be referred to as “us”, “we” or “our” and you are referred to as “you” or “your”.
1.2 We are licensed and regulated by the authorities of Curacao (the “Commission”) under licence number 1668/JAZ.
2. AMENDMENTS TO THESE TERMS
2.1 We may from time to time amend or add to these Terms. We will notify you of this either by e-mail or via a notice on our Website. Once you become aware of these changes your continued use of the Website and/or Services means that you agree to these changes. If you do not agree to these changes then you must please contact us to cancel your account and you must stop using our Services.
2.2 It remains your responsibility to periodically check these Terms and Conditions to ensure that You continue to agree with them and You are advised to do so each time You use the Site.
2.3 Any Bet received but not settled (“Open Bets”) prior to the time of notification of the amendments to these Terms and Conditions will be subject to the pre-existing and unamended version.
2.4 We reserve the right to suspend, amend, add or remove any part of the Site, Website and/or the Services at Our sole discretion and without warning and We will not be liable for any such action. In the event that We suspend any part of the Site, Website and/or Services We may close all Open Bets at a value that We determine (acting reasonably) to be the fair value at that point in time.
2.5 We will not be liable if, for any reason, the Site or Service are unavailable for any time or period.
2.6 We may at Our absolute discretion change the content of the Site and/or the Services or elements of the Services on the Site at any time. Any such changes shall not affect Bets made by You prior to such changes.
2.7 We give no guarantee that the Site will be compatible with any hardware or software used by You including Your Device.
3. YOUR ACCOUNT
3.1 Your account registration is for your own personal use only. You are not permitted to share your username and password with any other person(s). If you share your login and password with anyone or your password is easy to guess or obvious then:
3.1.1 we will not be responsible for any unauthorised use of your login and password, and
3.1.2 you will be responsible for activity on that account even if it was not by you.
3.2 You are only permitted to open one account. We can close any accounts which we consider to be duplicate accounts and to void any bets made via any or both duplicate accounts. That means that we do not have to pay out any winnings obtained via duplicate accounts.
3.3 Any deposits and withdrawals to and from your account may only be used for the Services. If we suspect that you are using your account for other purposes then we may suspend or terminate your account immediately. We may also be required to report that activity to our regulators and/or law enforcement bodies and to abide by any instructions to not pay out any funds in your account.
3.4 Your account is for your sole use and benefit so you may not to (or attempt to) sell, transfer or acquire accounts to or from any other person. If you do so we may immediately suspend or terminate your account.
3.5 You must establish an account with Us before You can use the Services (“Your Account”). We are not obliged to allow You to open an account and the opening of any account and the provision of the Services to You shall be at Our absolute discretion. By opening Your Account, You warrant that You are over 18 years of age or the legal age required for gambling in the jurisdiction in which You reside (whichever is the higher) and You are legally capable of entering into binding contracts. In the event that We discover that You are under 18 or the legal age for betting in the jurisdiction in which You reside (whichever is the higher) We shall not be obliged to pay any winnings to You and such shall not be deemed to be Legitimate Winnings.
3.6 You can open an account with Us by submitting Your email address, telephone number and entering other information that We ask for on Our registration form such as (but not limited to) Your first and last name, date of birth, address, email and telephone number. You shall ensure that the details provided at registration are accurate and kept up to date. You can change the details You provide at registration at any time by contacting Us and to do so You may be required to submit additional proof as required by Us in Our sole discretion.
3.7 You will be asked to choose a preferred currency for Your Account at registration from the currencies We choose to make available from time to time (“Account Currency”). The Account Currency cannot be changed by You at any time after registration. Any payments received into or requested out of the account in a currency different from the one the account is held into will be subject to Our exchange rate made available on the Site and may be subject to a fee as specified from time to time on the Site.
3.8 There are no set-up charges for opening Your Account. All payments to and from Your Account shall not bear interest. Where You deposit funds in a currency different from your Account Currency, We will apply an exchange rate as displayed on Our Site at the time of processing the deposit. You shall ensure that all payments into Your Account are from a payment source for which You are the named account holder. We are not a bank and no interest will be paid on sums held in Your Account.
3.9 You must ensure that any details provided by You in order to establish Your Account or at any time thereafter are correct and complete and You must inform Us of any changes to Your details by updating Your Account.
3.10 We shall require information from You to enable Us to meet anti-money laundering and prevention of terrorist financing legislation and regulations and to verify Your identity, name, age and address. This may include but is not limited to copies (including certified copies) of Your passport/identity card and satisfactory proof of address, including but not limited to utility bills and bank statements and the requirement for such will be made by Us at the time of Your registration and can be made by Us at any time thereafter. Failure to supply to Us with any documentation requested by Us will lead to Us not opening Your account and may lead to suspension or termination of Your Account once opened. We reserve the right to contact third parties to verify Your identity and for the prevention of money laundering and the prevention of the financing of terrorism.
3.11 You agree that We are unable to provide You with any legal advice regarding the legality of Your use of the Site, the Website or the Services. There may be specific laws in Your country, place of residence, or the place where You access the Site and the Website which prohibit online betting, online gaming and/or online gambling. It is Your responsibility to ensure compliance with Applicable Laws that apply to You before establishing Your Account with Us or using the Website or the Services.
3.12 You are encouraged to seek legal advice before establishing Your Account and/or using the Website or Services to ensure that the use of such is not contrary in any way to laws applicable to You.
3.13 You warrant to Us that You will not use the website in a jurisdiction that prohibits online gaming or online betting. Further, You warrant to Us that You will not use the Website or use the Services at any time if You are a citizen of a jurisdiction that prohibits its citizens from participating in online betting, online gaming and/or online gambling (regardless of the citizen’s location).
3.14 We provide the Services at Our absolute discretion and can change any part of the Services at any time.
3.15 You acknowledge and agree that We may not be able to provide some or all of the Services in certain jurisdictions.
3.16 When You register Your Account, You will be required to select some security details. In order to prevent fraud, You must keep Your security details confidential and secure and not disclose it or share it with anyone. If You know or suspect that someone else knows Your security details or that any other personal information has been stolen or otherwise accessed without Your authority You must notify Us immediately.
3.17 If We have reason to believe that there is likely to be a breach of security or misuse of the Website, We may require You to change Your password and/or We may suspend Your Account.
3.18 The name on Your Account must match Your true and legal name and must match the names on bank accounts or other payment methods You make to Us.
3.19 Players who have previously been excluded by Us from using the Services or have had their account with Us closed by Us (an “Excluded Player”) shall not be allowed to re-register with Us, other than at Our absolute discretion. In the event that You are an Excluded Player but do manage to open an account with Us (other than with our consent), We shall be entitled to close Your Account at Our absolute discretion and without notice and any winnings by You shall not be Legitimate Winnings. We undertake checks and have third party verification and fraud management companies undertake checks on our behalf to prevent Excluded Players re-registering with Us and to prevent players attempting to use fictitious names to open an account with Us. In the event that You use a fictitious name to open an account, We shall be entitled to close Your Account at Our absolute discretion and without notice and any winnings by You will not be Legitimate Winnings.
3.20 You will not allow any other person or third party to use Your Account. You are solely responsible for all use of the Website and the Services through Your Account and/or Your contact details and/or Your security details. Unless caused by Our negligence, any unauthorised use of Your Account and/or Your contact details and/or Your security details will be Your sole responsibility and deemed to be Your use. You will therefore be liable for any such unauthorised use and will not be re-credited by Us for any resulting losses from Your Account, regardless of whether or not the third party who participated had Your consent.
3.21 We may cancel Your Account and/or these Terms and Conditions with You on giving thirty (30) days’ notice to You.
3.22 We may suspend or cancel Your Account on giving you five (5) days’ notice if You breach any of the terms of these Terms and Conditions.
3.23 We may suspend or cancel Your Account immediately without notice at Our absolute discretion if:-
(a) there is activity on Your Account or by You that We consider illegal in Curacao or any other jurisdiction;
(b) We suspect manipulation of, or insider dealing on, the underlying markets on which Bets are placed by You or any other Player;
© there is any other action by You that We consider is prejudicial to Our bona fide interests;
(d) We determine that We will stop offering the Services in the jurisdiction in which You reside.
3.24 The expiry, suspension or termination of Your Account or termination of these Terms and Conditions with You for any reason will not affect:
(a) any rights, obligations and/or liabilities accrued before the date of suspension, termination or expiry; or,
(b) any rights, obligations and/or liabilities expressed to continue in force after and despite suspension, expiry or termination.
4. DEPOSITING AND WITHDRAWING FUNDS
4.1 Deposits: You may deposit monies to an account with us by using one the payment methods we provide. We reserve the right at all times to limit your deposits on any given day or when a maximum amount is reached. You can also limit your own deposits when you create an account or at any time afterwards.
4.2 Withdrawals: Each withdrawal by whatever transfer method must be at least £25,000 except when you close an account. There is no set maximum withdrawal amount per day but withdrawal requests for amounts greater than £50,000 or currency equivalent may require additional prior arrangement or verification. We reserve the right, though, to set a maximum withdrawal limit at any time. You can make withdrawals from your account up to your current available balance net of any credit limit we may have offered you subject to a Credit Agreement by wire transfer (after taking into account all previous wagers) subject to the following:
4.2.1 Withdrawal by wire transfer to an Curacao or International bank account: we reserve the right to charge a reasonable processing fee for wire transfer withdrawals. A transfer will only be made to an account in your name and that account must not be at a branch located outside Curacao or the United Kingdom. If this is your first wire transfer then we will require proof of identity. This withdrawal option will only be offered in limited circumstances but not if we are able to pay you via a debit or credit card registered in your name. Some card providers and payment processing websites (such as for Skrill) may impose limits on withdrawals and payments which we will have to comply with. Please note that for both UK and non-UK issued Mastercards, we cannot make any payments to you via your Mastercard therefore a payment to you must be made via another available method.
4.3 Security Checks: To maintain a high level of security, we may perform random security checks on your account and keep records of transactions and wagers. If we require additional identification and/or proof of the source of any funds then you must provide this without delay. We reserve the right to terminate and/or suspend your registration and/or account and/or withhold payment to you if you do not provide the information we required. We do not have to explain our reasons why we need this additional information. You agree that we may use your personal information to:
4.3.1 carry out security checks,
4.3.2 to supply any information requested by our regulators and any law enforcement bodies, and
4.3.2 to supply any information to credit reference or fraud prevention agencies which may keep a record of that information.
4.4 Promotional Offers: Any promotional campaigns or competitions may have special conditions or restrictions attached to them and we reserve the right to withdraw them at any time.
4.5 Change of details: If your personal details or your financial circumstances change then you must inform us immediately, as failure to do so may result in transactions being declined by your financial institution or we may have to suspend your account until we receive updated information. We a financial transaction is declined because of incorrect or incomplete information then we will not be liable for this and we may ask you pay any wasted transaction fees. If your credit card is lost, stolen or re-issued then you must notify us immediately, either by contacting Customer Support at email@example.com or by removing those cards from the payment methods registered on your account.
4.6 Account closure: You can close your account at any time by contacting Customer Support at firstname.lastname@example.org. Once we are certain that there will be no chargebacks or issues with any withdrawals or deposits to your account we will pay to you the balance on your account within 10 business days and then close it.
4.7 Dormant Accounts: Your account will be deemed to be dormant if you have not done any of the following in the preceding twelve month period:
4.7.1 you have not used your account;
4.7.2 you have not logged in to your account;
4.7.3 you have not made any deposits or withdrawals in or from your account; or
4.7.4 your account has been suspended by us for investigation or illegal or improper activity and such investigation has not progressed., If this is the case then we will try to contact you using the contact details you provided so that we can arrange to close your account and remit the balance on your account to you. If we are unable to return the balance of the funds in your account to you, having made reasonable attempts to do so, then the sum total of cash held in your account at the time of closure will be forfeited and retained by us.
4.8 Funds, Interest and charges: The Commission requires that we inform you about the levels of protection we apply to customer funds and the extent to which your funds are protected in the event of our insolvency.
Any sums held in Your Account are held by Us for You in a player funds account. However, We are not a bank and no interest shall be paid on any sums in Your Account.
Any deposits on your account shall not attract any interest payments. All such deposits will be treated as advanced payment for intended wagering on the Website. We reserve the right to make a charge directly on your account in respect of deposits or withdrawals which we believe have been made for purposes primarily associated with reasons other than gaming.
4.9 Credit errors: If you notice that any sum has been incorrectly credited to your account, then you must notify us immediately. We can reverse any payment made in error at any time. If any sums credited in error have been used by you to place further bets or wagers, we can cancel those subsequent bets or wagers and reverse any winnings. We may at any time set off any amount on deposit in your account against any amounts owed by you to us.
4.10 Anti-money laundering provisions: We will only place winnings into the account of the player that placed the winning Bet and once the winning player has identified himself/herself and verified the same to our reasonable satisfaction. We reserve the right, at our discretion, (acting reasonably) to suspend payment of legitimate winnings, pending a full investigation (including providing details to the relevant law enforcement agency where appropriate), where We suspect that winnings have been credited, and are attempted to be withdrawn, by a player for the purposes of money laundering, terrorist financing or fraud. An example of where this might occur includes where a player has credited his account with a substantial sum and then the player attempts to withdraw sums from its account having only conducted minimal betting activity on the website. Full payment of legitimate winnings will be made to the player where the investigation reveals no evidence of money laundering or terrorist financing or fraud (as relevant).
5. WAGERING AND BETTING
5.1 Please refer to the Games Rules available within each Game Window which are in addition to these Terms. They provide additional information and our terms for a particular games, promotions, bonuses and special offers.
5.2 Any bet or wagers placed by you is done solely on the exercise of your own judgment and discretion. You acknowledge that you have not relied on any statement, representation or advice from us (including any of our employees) in deciding to place a bet. You also acknowledge that by using the Services you may lose money and you accept full responsibility for your losses. You accept that your participation in the Services is at your sole discretion and risk.
5.3 If any of the following arise (being an “Event” or the “Events”) then we reserve the right to void all bets on any transactions affected by them:
5.3.1 an error in our Website or any software used by us,
5.3.2 incorrect data provided to us by our suppliers,
5.3.3 unauthorised use or access to our Website or our Services, or
5.3.4 a security breach or illegal activity.
5.4 You agree to notify as soon as you become aware of an Event and agree not to take unfair advantage of that Events. We reserve the right to recover from you any monies that you receive as a result of an Event together with all costs and expenses incurred by us in doing so. We shall be allowed to set-off any future amounts you deposit with us to recover those monies and/or costs.
5.4 If there is any disagreement as to the details of a particular bet or wager or amount staked, then our records will always prevail except where there is an obvious error. The outcome of the games played on the Gaming Services will be decided by a random number generator. If there is a difference between a result that appears on your screen and the result recorded by our Game Service then we can use the result we recorded. You agree that our records will be the final authority in determining the terms and circumstances of your participation in the relevant online gaming activity and the results of your participation.
5.5 We reserve the right to refuse or limit the whole or part of any wager provided we have a reason to do so. You may not place a wager greater than the amount available in your account. We also reserve the right to set the maximum and minimum stake amounts and these will be updated in the relevant Games Windows.
5.6 We do not guarantee that the Website will be available all the time. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
5.7 We shall only honour transactions when they are actually received by our servers not when you send them. We will not be responsible for any delays or interruptions in receiving any betting data.
5.8 The maximum amount that can be won by one customer in one twenty-four hour period, regardless of the size of the stake or the number of wagers, is £5,000,000 (or its equivalent amount in a currency accepted by us on the Website).
6. COMPLAINTS AND DISPUTES
6.1 Stage 1 If you wish to make a complaint, you must do so by contacting our Customer Support team at email@example.com. Your complaint will then be investigated and you will be contacted as to the outcome of our internal investigation within a reasonable time (relative to the complexity of the investigation required). Any complaints must be registered with our Customer Support as soon as possible but in any event no later than  (seven) days of the occurrence of the event to which the complaint relates. While we will investigate any complaints received outside of this time period we may not have retained sufficient information to properly deal with it.
6.2 Stage 2 If you are not satisfied with the outcome of your complaint, you can ask for it to be escalated to the Stage 2. At this stage, a member of the Senior Management team of the licensee will review the complaint handling process and the matter in question and, where applicable, arrange a convenient time to discuss the complaint with you. This stage will be completed as soon as possible but in any event no later than  (fourteen) days of your request of escalating the complaint.
6.3 Alternative Dispute Resolution If after, a reasonable time your complaint cannot be resolved satisfactorily by Customer Support, or you have reasonable grounds to disagree with the outcome of the Stage 1 investigation then:
- either of us may refer your complaint to the Independent Betting Arbitration Services (“IBAS”)
Please note, as regards the above that:
- IBAS acts as impartial (Commission approved) adjudicator for legitimate disputes that arise between betting and gaming operators and their customers.
- The online ODR submission process will require that you select a Commission approved alternative dispute resolution (“ADR”) entity to review your complaint. We must both approve that choice first. Typically IBAS will be our proposed ADR entity, as it is both approved by the Commission and is best placed to adjudicate on remote gaming disputes in any event.
- Neither IBAS (nor any other Commission approved ADR entity) is obliged to adjudicate a dispute if: (i) you have not attempted to engage with the first stage of our disputes process; (ii) your dispute is frivolous or vexatious (iii) the dispute is subject to another disputes process or adjudication; or (iv) you have not met any notified timescales for submission of your dispute to IBAS (as the case may be).
- Whilst any stage of an investigation is ongoing or even afterwards we reserve the right (and indeed in some instances the law requires that) we withhold payment in respect of any event or complaint that comes under investigation for cheating, impropriety, fraud, collusion, or other improper activity.
- When a dispute occurs which cannot be resolved by us, any relevant recordings may be made available to the IBAS and the Commission in order to give the adjudicator full details of your complaint and to meet our regulatory obligations to furnish full details of your complaint to our regulator.
7. SELF EXCLUSION AND SETTING YOUR OWN GAMING LIMITS
7.1 We take responsible gaming very seriously. If you wish to self-exclude from gambling then you can do so by following our self-exclusion procedure set out on 8lec.com. Please not that your self-exclusion will last for a minimum of six months.
7.2 It is also possible to restrict the amount of your deposits or spend on our Website either when you create your account or at any time afterwards in your account settings. Limits can be set over a calendar daily, weekly or monthly period.
7.3 If you do choose to self-exclude or apply limits to your account and correctly notify us, then we agree that we will use reasonable endeavours to ensure that we comply with your self-exclusion or relevant limits set by you but this may not happen immediately. We will not be responsible for your activities before this takes effect.
7.4 By electing to self-exclude or by applying limits to your account you accept and agree that you will not seek to continue your gaming on our Website (or game in excess of your notified limit) or to otherwise circumvent your self-exclusion or limitation. If you do then we will not be responsible or liability for any subsequent consequences or losses. This includes but is not limited to instances where you have altered any of your registration details or where you provide misleading, inaccurate or incomplete details or otherwise seek to circumvent your notified self-exclusion or limit.
7.5 When self-excluding from our sites it is also possible to exclude yourself from other casino operators who adhere to the “Gamblock” scheme.
7.6 If you would like to prevent access to other participating gaming, wagering or gambling facilities on the Internet please visit www.gamblock.com. Gamblock attempts to block access to Internet gambling sites on the web but of course it cannot guarantee that it can always do so. It can help problem gamblers avoid the dangers of unrestricted gambling. For the avoidance of doubt, we do not and cannot accept liability for any failure of these third party exclusion services.
7.7 If you require further information relating to this or our own self-exclusion process, please contact our Customer Support at firstname.lastname@example.org.
7.8 On completion of our self-exclusion process, we will suspend your account and return any outstanding credit balance to you. Any outstanding bets or wagers that have already been placed shall remain valid and we will forward any winnings to you after the relevant event has concluded. We will not reopen any self-excluded account but, after the expiry of the exclusion period you may contact Customer Support at email@example.com to re-activate your account. Subsequent to contacting Customer Support, you will be required to verify your request by speaking to one of our customer representatives. No other method of re-activation is possible. Re-activating your account will be subject to a minimum 24 (twenty four) hour cooling off period before you are able to access the Services.
If you have any concerns about the extent to which your use of our Website has ceased to be a fun experience, then please click on either our own social responsibility page - www.gambleaware.com for further information.
8. INTELLECTUAL PROPERTY AND USE OF SOFTWARE
8.1 Unless otherwise stated, the copyright and all other intellectual property rights in all material on this Website and/or the Services (including without limitation all copyright, patents, trademarks, design rights, database rights and all other rights of a similar nature) are owned by us or our licensors. These intellectual property rights are protected by the law. If you breach any of the terms of this section 8 then our permission to use the Website and Services automatically terminates and you agree that you will delete and destroy any downloaded or printed extracts from the Website and/or obtained via the Services.
8.2 Any rights not expressly granted in these Terms.
8.3 The above mean that the Website and the Services and their material and content are made available to you for your personal non-commercial use only. We may remove or amend this right (or licence) at any time.
8.4 When using the Website and Services, it may be necessary for us to provide you with our own software and/or that provided by third parties (the “Software”).
8.6 Under no circumstances shall you interfere with, copy, modify or reverse engineer any Software provided to you by us and/or any third party or attempt to do so, except as permitted by law.
9. COLLUSION, CHEATING AND FRAUD
9.1 Some of the games available on the Gaming Services operate as peer-to-peer events (i.e. you are playing against third parties, rather than against the “house”). By playing any such games, you agree that you cannot see or communicate with the persons you are gaming against.
9.2 If you suspect that someone else may be cheating by undertaking one of the following:
9.2.1 colluding with other third parties;
9.2.2 using unfair external factors or influences including but not limited to any software program that may provide them with an unfair advantage such as those utilising artificial intelligence in order to assist them in the use of the Gaming Services;
9.2.3 undertaking fraudulent activities to your possible disadvantage and their advantage or vice versa; or
9.2.4 use of multiple accounts, you should report such activity to our Customer Support at firstname.lastname@example.org as soon as possible. Such practices are not allowed (either by anyone else or even you or people collaborating with you) and we will take all reasonable steps to investigate any such activities and, where possible, prevent them. We shall not, however, be liable for any form of loss sustained by you or others as a result of any of the activities outlined above or any other such unlawful activity of any persons using the Website and Service.
9.3 We reserve the right at any time (including after a bet has been determined) to:
9.3.1 refuse and/or void any bet or part of a bet;
9.3.2 to terminate your account;
9.3.3 withhold the balance of your account;
9.3.4 recover from your account the amount of any affected pay-outs, bonuses or winnings if:
(a) you are found or suspected to be participating (directly or indirectly) in any form of cheating, or collusion or fraudulent practice;
(b) we become aware that you have invalidly requested a charge-back or have denied any of the transactions made on your account;
© you become bankrupt or have equivalent proceedings occurring anywhere in the world;
(d) you have more than one account at any one time;
(e) you are using unfair external factors or information in a manner which we deem inappropriate;
(f) you are found to be in breach of any other terms of these, including the General Betting Rules, and all such other of our rules or policies as they relate to the Services (including rules for a particular game, promotions, bonuses, special offers or any other aspect of your use of the website service from time to time);
(g) you are using our software and/or system in a manner which we deem inappropriate; or
(h) we are required to do so by law.
9.4 Where we suspect that you are participating in any form of cheating, collusion, fraudulent practice, sports integrity issues or money laundering activities, we reserve the right to report such activity or suspicions to the regulators, the police, relevant authorities, other online gaming or gambling operators, other online service providers and banks, credit card companies, electronic payment providers or other financial institutions including details of your identity and you agree to cooperate fully with us to investigate any such activity.
9.5 We reserve the right to void any bets in relation to a sports event and/or fixture where we (in our absolute discretion) believe that the integrity of any such sports event and/or fixture may have been compromised.
10. LIMITATION OF LIABILITY
10.1 Your participation in the Services is at your own option, discretion and risk.
10.2 Our entire and aggregate liability to You, whether under these Terms and Conditions, the law of contract, tort (including negligence) or otherwise shall in no event exceed the lesser of:-
(a) a sum equivalent to the total sum of money deposited by You in Your Account and used by You to place Bets in the six (6) month period prior to the date of the incident giving rise to the relevant claim; or,
(b) the total sum of ten thousand (100,000) pounds Sterling.
10.3 Other than as explicitly stated in these terms and conditions, we will not be liable in contract, tort, negligence, or otherwise, for any indirect or consequential loss or damage whatsoever or howsoever arising from or in any way connected with your use of the site, the software or the services, including, without limitation, damage for loss of business, loss of data, loss of profits, loss of revenue, business interruption, loss of business information, loss arising from downtime or any other indirect or consequential loss whatsoever (even where we have been notified by you of the possibility of such loss or damage).
10.4 Without limiting the generality of the foregoing, we shall not be liable for any loss or liability resulting from, but not limited to:
10.4.1 access or feed delays or access interruptions or malfunctions;
10.4.2 any inability to use or access the Services for any reason;
10.4.3 any access or use of your account in a jurisdiction in which such activity may be considered illegal under applicable laws;
10.4.4 any error by you due to the input of incorrect information;
10.4.5 any system or communication errors relating to the generation of random numbers, bet settlement or other elements of the Services;
10.4.6 any delay in receiving or accepting a deposit by us or withholding a withdrawal;
10.4.7 our decision not to accept a deposit or stake from you;
10.4.8 data non-delivery or data mis-delivery;
10.4.9 acts of God or any other circumstances beyond our control including but not limited to data transmission systems, telephone or other communications or internet service providers;
10.4.10 the unauthorised use of your security access details;
10.4.11 damage to goodwill or reputation; and
10.4.12 errors, omissions, or misstatements in any and all information provided under these Terms
10.4 Nothing in this Agreement shall exclude any liability which we may have in respect of fraud, fraudulent misrepresentation, death or personal injury arising from our negligence.
10.5 We will not be liable or responsible to You for any loss or damage incurred or suffered by You as a result of any suspension or stoppage (whether temporary or permanent) of the website arising from any governmental order or change in policy by the Commission.
10.6 You confirm and acknowledge that Your use of the website and the services provided by Us is for online gaming and/or online gambling purposes only. You understand and confirm that We are not responsible for any Third Party Provider and any agreement between You and a Third Party Provider does not form part of these Terms and Conditions between You and Us. You agree and confirm that in no circumstances will We be responsible for the conduct of or provision of services by a Third Party Provider.
10.7 You confirm and acknowledge that any agreement between You and the Third Party Provider is not a contract to which We are a party and therefore We are not liable for any element of the relationship between You and the Third Party Provider.
11.1 You agree to fully indemnify, defend and hold Us, Our officers, Our directors, Our employees and Our agents harmless immediately on demand, from and against all claims, liabilities, damages, losses, costs and expenses whatsoever, including legal fees, arising out of any breach of these Terms and Conditions by You
11.2 You agree to fully indemnify, defend and hold Us, Our officers, Our directors, Our employees and Our agents harmless immediately on demand, from and against all claims, liabilities, damages, losses, costs and expenses whatsoever, including legal fees, arising out of any breach of warranties or representations by You including, but not limited to, the representations that: (a) You are not a citizen or a resident of a country which prohibits such online gambling, online betting or online gaming activities; and, (b) You are not accessing the website from a jurisdiction where online gambling and online gaming activity is prohibited by law.
11.3 You will indemnify Us for all losses and damages suffered by Us as a result of wrongdoings and/or fraud by You alone or as part of a group of Players acting in concert or as a syndicate. Wrongdoings and/or fraud will include but not be limited to attempts to breach the single account per Player rule, to exceed the betting limits, hacking, use of artificial intelligence or bots, providing false personal information, and/or any actions and/or omissions which We reasonably deem to be a fraud and/or wrongdoings.
11.4 You further agree fully to indemnify, defend and hold Us, and Our officers, Our directors, Our employees and Our agents harmless immediately on demand, from and against all claims, liabilities, damages, losses, costs and expenses whatsoever, including legal fees, arising out of any claim brought against Us by a Third Party Provider as a result of the breach of these Terms and Conditions by You.
12. RIGHT OF REFUSAL
12.1 We reserve the right (in our sole discretion) to refuse to register you and/or to suspend and/or terminate your account at any time and/or to refuse to accept any bet or transaction in respect of or in connection with your use of the Website and/or the Services. We shall not be obliged to provide you with any reasons for so doing and shall not be liable to you in any way for any loss or damages that may result from any such action.
12.2 Use of any account otherwise than in accordance with these Terms and Conditions or any other abuse of any account is strictly prohibited.
12.3 We reserve the right to withdraw your use of any of the Website and/or the Services at any time, subject to fulfilment of any outstanding commitments under these Terms.
12.4 Our decision on all matters referred to in this Section 14 will be final and binding and no further correspondence will be entered into.
13. AGE, JURISDICTION AND OTHER RESTRICTIONS
13.1 Age Restrictions: You acknowledge that underage gambling is an offence. Accordingly in opening an account with us, you agree and warrant that you are at least 18 (eighteen) years of age and above the legal age for gambling in the jurisdiction in which you reside when using the Services. We reserve the right to void any bets or wagers with minors and also reserve the right to request proof of age documentation from you at any time. If age verification cannot be completed within 72 hours of any such request, your account will be frozen until your identity has been verified. If (whether or not we have verified your age), you are subsequently proven to have been under the legal age for gambling in the jurisdiction in which you reside when using the Services (and less than 18 (eighteen) years of age) at the time you placed transactions with us then your account will be closed, all transactions placed whilst you were under the requisite age will be made void and all related funds deposited will be returned save in respect of any winnings which you have accrued at such time which will be forfeited. We shall not be liable to any parent, relation or legal guardian of any such minor in respect of any losses incurred by a minor.
13.2 Jurisdictions: We do not accept bets or wagers from any persons located in jurisdictions, where it may be illegal to place bets from, including but not limited to the United States of America, Singapore, North Korea and Hong Kong. You should note that the list of Prohibited Jurisdictions may vary depending on whether you are using the Betting Services or the Gaming Services and the relevant jurisdictions may be changed by us from time to time with or without notice. The presentation by us of any betting or gaming propositions or facilities does not constitute an offer or invitation for the use of or subscription to the Betting Services or the Gaming Services in any of the Prohibited Jurisdictions. Accessibility of the Website in any jurisdiction outside of Curacao shall not be construed as a representation or warranty with respect to the legality of use of the Betting Services or the Gaming Services in that jurisdiction and we do not accept any liability for any breach by you of the applicable laws of that jurisdiction. No winnings shall be paid to you in respect of the use of the Services whilst you are located in any of the Prohibited Jurisdictions. We reserve the right to terminate your account and refuse any and all current or future use of the Services if we suspect or know that you have been using them whilst located in any of the Prohibited Jurisdictions.
13.3 Other Restrictions: You must not register or seek to register with us or attempt to use the Services if you are acting on behalf of someone else or if you are not acting as principal. Furthermore, any attempts to place wagers through any other medium and by any form of communication will not be accepted and we reserve the right to void any wager where we subsequently find that this restriction has been infringed. Our employees and those of our associated companies may not open an account or register on the Websites whether in their own name of on behalf of a fellow employee, friend or relative.
13.4 Eligibility: You hereby consent to us to us making all reasonable enquiries of you or any third party to verify your age, identity and place of residence.
14.1 These Terms are severable. If any term or condition is declared invalid unlawful or unenforceable to any extent, that term or condition will to that extent be severed so that the remaining Terms will continue to be valid to the fullest extent permitted by law.
15.1 The Agreement is made exclusively between us and you. You shall not be entitled to assign or transfer this Agreement in any way. We are entitled to assign, transfer, charge or otherwise deal in our rights as we see fit.
16. ENTIRE AGREEMENT
16.1 You agree that this Agreement, and all further rules and terms referenced within it is the complete and exclusive agreement between you and us regarding your use of the Website and the Services. This Agreement supersedes all prior agreements and understandings between us and you, whether established by custom, practice, policy or precedent.
17. THIRD PARTY RIGHTS
17.1 Unless expressly stated, a person who is not a party to this agreement shall not have any rights under it.
18. THIRD PARTY CONTENT
18.1 The website provides content from internet sites or resources that may belong to third parties (“Third Party Content”) and while We take reasonable steps to ensure that material included on the Site and the website is correct, reputable and of high quality, We do not make any warranties or guarantees in relation to Third Party Content and will not be held liable to You for any such Third Party Content. If We are informed of any inaccuracies in the Third Party Content contained on the Site and the Gaming Platform, We will attempt to correct the inaccuracies as soon as We reasonably can.
18.2 We make no representations or warranties regarding any websites linked to the website (“Linked Sites”), the entities which operate the Linked Sites or which feature on the Linked Sites. We accept no liability for any loss or damage You may suffer directly or indirectly as a result of using any of the Linked Sites or relying on any material contained therein. You acknowledge that Your access to and use of any of the Linked Sites is entirely at Your own risk
19.1 Any notice We give to You (save as otherwise set out herein) will be sent to the email address that You provided to Us when You opened Your Account and will be deemed served twenty four (24) hours after dispatch by Us to the email address that You provided to Us when You opened Your Account. Notices for Us should be sent to our registered office address and marked for the attention of Customer Services and sent by registered mail or registered air mail (as relevant) or by courier. Notices to us shall be deemed delivered ten (10) days after dispatch in the case of mail and three (3) days after dispatch in the event of courier.
20. EVENTS OUTSIDE OUR CONTROL
20.1 We will not be liable or responsible to You for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside Our reasonable control (“Force Majeure Event”).
20.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond Our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
© fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) difficulties in obtaining financial market data;
(f) impossibility of the use of public or private telecommunications networks;
(g) delays, losses, errors or omissions in or made by the postal or other delivery service or by the banking system;
(h) the acts, decrees, legislation, regulations or restrictions of any government or Our regulator;
(i) failure of any telecommunications system.
20.3 Our performance is deemed to be suspended for the period that the Force Majeure Event continues, and We will have an extension of time for performance for the duration of that period. We will use Our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which Our obligations may be performed despite the Force Majeure Event.
21. GOVERNING LAW
21.1 These Terms shall be governed by and construed in accordance with the laws of Curacao.
21.2 Under legislation in Curacao, online gambling debts are legally enforceable in Curacao.
21.3 Notwithstanding the foregoing we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of our intellectual property rights or breach of these terms and conditions is taking place or originating.