GENERAL TERMS AND CONDITIONS AS AMENDED ON 05.02.2016
The consumer does not have the right to withdraw from the purchase
IMPORTANT - PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCEPTING THESE AGREEMENTS. WE ADVISE YOU TO PRINT OUT THESE TERMS AND CONDITIONS OF USE AND TO STORE THEM ALONG WITH ALL OTHERFORMS OF COMMUNICATION (FOR EXAMPLE: CONFIRMATION EMAILS, SMS MESSAGES, ADDITIONAL TERMS, TRANSACTION DATA, GAME RULES AND PAYMENT METHODS) RELEVANT TO YOUR USE OF OUR PLATFORMS AND/OR SERVICES. WE WILL NOT FILE ANY CONTRACTSO WE ADVISE YOU TO PRINT THE PRESENT TERMS AND CONDITIONS OUT FOR YOUR RECORDS. THESE TERMS AND CONDITIONS OF USE ARE SUBJECT TO CHANGE (AS SET OUT BELOW). WE THEREFORE ADVISE TO REGULARLY CHECK OUR WEBSITE: www.bwin.be FOR ANY POSSIBLE AMENDMENTS TO THESE TERMS AND CONDITIONS OF USE.
By clicking on 'Submit' or 'I Agree' and/or by using the Services (as that term is hereinafter defined) a legally binding agreement based on these Terms and Conditions of Use is concluded between, (a) You, the end user ("You"); and (b) CKO BETTING N.V. , Kursaal-Oosthelling 12, 8400 Oostende, Belgium, a company registered in Belgium under company number BE 0 414.052.319 ("the Operator", "We", "Us" or "Our" as applicable).CKO BETTING N.V. is defined as 'We', 'Us' or 'Our' as appropriate.
The Operator has entered into an agreement with the GVC Services Limited of Suite 6, Atlantic Suites, Europort Avenue, Gibraltar, a company registered in Gibraltar under company number 112454 ("the Service Provider") to use the bwin branding and gaming software and to provide certain promotion and support services to the Operator.
We provide services on www.bwin.be (the 'bwin Platform'), and any other online or mobile platform provided by Us (each individual site being a 'Platform') on which You access Our betting, gaming and wagering services, including but not limited to the Sports betting Services and the Gaming Services, as defined below using Your Account ('Services').
In the event that You have any complaints, claims or disputes with regard to any outcome regarding the Services or any other activity performed by Us, You should in first instance contact Us in accordance with Section 22 below.
IF THESE AGREEMENTS ARE TRANSLATED INTO ANOTHER LANGUAGE, THE DUTCH LANGUAGE VERSION WILL PREVAIL IN THE EVENT OF ANY CONFLICT BETWEEN THE TRANSLATION AND THE DUTCH LANGUAGE VERSION.
Please note that these Terms and Conditions shall prevail in the event of any conflict between these Terms and Conditions and any of the game rules or other documents referred to in these Terms and Conditions, unless provided otherwise
By not or not immediately exercising the rights conferred to Us by means of the present Terms and Conditions, We in no way denounce or abandon the (exercise of these) rights conferred.
By clicking on 'Submit' or 'I Agree' and accepting these Terms and Conditions, or by using Our Services, You are also acknowledging and accepting these Agreements. Access to and use of Our Services are governed by these Agreements. If You have any questions about these Agreements, We would encourage You to seek independent legal advice.
The following Services are being offered by Us on Our platforms:
SPORTS BETTING SERVICES
The sports betting services are the services provided by Us via the following Platforms: bwin.be and any other sports betting platforms provided by Us from time to time (together the 'Sports betting Services').
If You are using or intending to use the Sports betting Services, You must do so in accordance with Section 28 of these Terms and Conditions which applies specifically to the Sports betting Services.
The gaming services are the services provided by Us via the following Platforms: bwin.be and any other gaming platforms provided by Us from time to time (together the 'Gaming Services').
If You are using or intending to use the Gaming Services You must do so in accordance with Section 29 of these Terms and Conditions which applies specifically to the Gaming Services.
By entering Our Website www.bwin.be, using Our Services, installing or software and/or by clicking on 'Submit' or 'I Agree' You certify that you have read, understood and accepted the present General Terms and Conditions of Use. You also, yet not exclusively, certify the following:
- that You have reached the age of 21 to use the Gaming Services and 18 to use the Sports betting Services;
- that You have knowledge of and comply with all the relevant legal conditions and obligations in the relevant jurisdiction;
- that You are aware that failure to comply with these Agreements may result in disqualification, the closure of Your account, forfeiture of funds and/or legal action against You;
- that You are not prohibited to participate in any games, services etc. provided by Us (for example by a prohibition to gamble or bet, even if demanded voluntarily, by the Belgian Gaming Commission). We can never be held liable nor responsible for possible sanctions imposed upon You by any authority for the use of Our services, Website www.bwin.be etc.;
- that You have no intention in any way or form to perform in illegal activities, cheat or deceive, or participate on behalf or in name of a person or entity other than Yourself;
- that You are solely responsible and liable for any harm and/or damage caused to Us, Our affiliates or any third party through Your actions, communications, etc. on Our platforms and/or Websites…;
- that You make a voluntary choice to make Use of our Platform, services, Website etc. and this at Your own discretion and risk;
- that You have no intention, at the time of first entry to Our Website www.bwin.be or after clicking on 'Submit' or 'I Agree' nor in the future, to commence any legal or other proceedings against Us based on Our content, design, business model, practice, website, etc.;
- that You are aware about the fact that no progressive jackpots can be won over EUR 25,000.
You may only use the Services if You are 21 years of age or older (and have also reached the legal age of majority in Your jurisdiction) and may only use the sports betting service if You are 18 years or over. Moreover, you may only use these services if it is legal for You to do so according to the laws that apply in Your jurisdiction. You confirm that You are not accessing Our Servicesfromany territory where it is not legal to participate in on-line gaming, for example but not limited to the United States, Poland or the German Federal States of Saxony, Baden Württemberg or Hesse, including lottery games from Portugal,at the time of placing a bet or participating in a game. We reserve the right to ask for a proof of age from You at all time and without reason and Your Account may be suspended until satisfactory proof of age is provided. You understand and accept that We are unable to provide You with any legal advice or assurances and that it is Your sole responsibility to ensure that at all times You comply with the laws that govern You and that You have the complete legal right to use the Services. You acknowledge that underage gambling is not acceptable and we may refer any attempts to do so to the Gambling Commissioner who may refer the matter to Your local prosecution authorities. Without limitation to the above, access to Our Services may be restricted from certain territories. Any use of the Services is at Your sole option, discretion and risk.
By using the Services, You acknowledge that You do not find the Services to be offensive, objectionable, unfair, or indecent in any way.
To use the Services, You will first need to register for an account with Us. You may access any of Our Services from Your Account (as defined below).
You may also be asked to choose a preferred currency for Your Account from the currencies available from time to time ('Account Currency'). Please note that once You have chosen a currency, You will not be able to change Your Account Currency more than once without Our approval (which may be withheld or delayed at Our sole discretion). Should You wish to change Your Account Currency more than once, please contact Customer Services. Any Account Currency changes will be made on the terms and at the Exchange Rates offered by Us at the time of conversion. Please see Currency Converter and Frequently Asked Questions for further details.
There are no set-up charges for opening Your Account. We are not a bank and funds are not insured by any government agency (as such the Belgian Act on the legal status and supervision of credit institutions of the 22nd of March 1993 does not apply). All payments to and from Your Account must be paid in the currencies available on the Services from time to time and shall not bear interest and You shall ensure that all payments into Your Account are from a payment source for which You are the named account holder. If You are making a deposit to or withdrawal from Your Account in a currency other than Your Account Currency, such deposit and/or withdrawal will be made at the Exchange Rates offered by Us at the time of such deposit or withdrawal and may be subject to a small conversion fee. Please see Currency Converter and Frequently Asked Questions for further details.
To play Real Money Games or place a bet, You will be required to pay 'real money' funds into Your Account by any of the methods specified from time to time by Us. Such funds will be deposited into Your Account upon actual receipt of funds by Us and/or Our agents. Minimum and maximum limits may be applied to the payments into Your Account, depending upon Your history with Us, the method of deposit, and other factors as determined solely by Us. For further details of current deposit and cash out options and fees please see Cashier. If permitted, You may make transfers from Your Account to fund another player's Account solely for the purposes of using the Services and such transfers will be subject to the Inter-Account Transfer Terms or the Gift Certificate Terms (where applicable) and any other applicable terms and the restrictions on cash outs therein.
You can request withdrawals from Your Account at any time provided all payments made have been received. We reserve the right to pay any requested withdrawal partly or in total via the same method of payment and in the same currency with which deposits were made. When using payment card or an e-wallet to make a deposit, We may elect not to accept any withdrawal request within fourteen (14) days after the deposit.
To use certain Services You may first need to download and install software as provided on the relevant Platform. With regard to the liability for software or equipment provided, we refer to article 21 hereunder.
We are unable to guarantee the continued availability of any particular currency. In the unlikely event that it becomes necessary for Us to stop supporting a particular currency and Your Account Currency becomes unavailable, We reserve the right to require You to convert Your Account Currency into a preferred available alternative at the Exchange Rates offered by Us at the time of conversion.
The name on Your Account must match Your true and legal name and identity and the name on Your Account registration must match the name on the payment card(s) or other payment accounts used to deposit or receive monies into Your Account. Accounts can only be held for personal interest and in no way for (semi-)professional reasons nor on behalf of a third party. To verify Your identity, We reserve the right to request satisfactory proof of identity (including but not limited to copies of a valid passport/identity card and/or any payment cards used) and satisfactory proof of address (including but not limited to a recent utility bill or bank statement) at any time. Failure to supply such documentation in due time may result in suspension and/or cancellation of the Account. You may not hold more than one (1) Account in connection with Your use of the Platforms. If You have more than one (1) Account or Accounts in different names, then You must contact Us immediately to have Your Accounts managed so that You only have one (1) Account. We reserve the right to close Your Account(s) if You open multiple Accounts. Should We have reasonable grounds to believe that multiple Accounts have been opened with the intention to defraud the company, We reserve the right to cancel any transaction related to said fraud attempt. If You have lost Your Account name / User ID or password, please contact Us for a replacement.
If You are (or were within 6 months before accepting the present Terms and Agreements) (i) an officer, director, employee, consultant or agent of the Operator, of the Service Provider, or of one of their direct or indirect subsidiaries (the 'Group'); (ii) a supplier or vendor of the Group; (iii)(in relation to the Sports betting Services only) a bookmaker or betting agent or a person otherwise involved in the creation, organisation or execution of an event on which We accept bets (including but not limited to sportspersons, athletes, members of sports clubs and/ or leagues), You are not permitted to register for an Account with Us or to use directly or indirectly any of the Services (each an 'Unauthorised Person'), other than in the course of Your employment as a Group employee. Similarly, relatives (or people living in the same household) of Unauthorised Persons are not permitted to register with Us or to use directly or indirectly any of the Services. For these purposes, the term 'relative' shall include (but not be limited to) any of a spouse, partner, parent, child or sibling.
We reserve the right to suspend, modify, remove and/or add to any of the Services in Our sole discretion with immediate effect and without notice and We will not be liable for any such action and/or its consequences.
We forbid the use of all unfair practices when using the Services. We do this to protect Our customers and the integrity of the Services. Please read Our Unfair Advantage Policy which is incorporated in these Agreements for further details and Our Anti-Cheating Policy at section 29.4. If any customer is found to be participating in any form of collusion or other activities that We consider to constitute cheating, as well as for any indication of money laundering activities, his or her account may be permanently closed and any balance may be at risk of forfeiture or withholding as per section 17 of these terms and conditions.
We forbid the posting of any prohibited Third Party Content (as that term is hereinafter defined in article 12) on Our Platforms. Please read Our Third Party Content Policy which is incorporated in these Agreements for further details.
We reserve the right to suspend Your use of certain of our Services, Platforms or any games on our Platforms from time to time.
No communications or information published on the Services is intended to constitute legal or tax advice and we accept no liability for any reliance on such content.
For the purpose of any reference to time in connection with your use of the Services, We use the timezone GMT +1 unless otherwise specified.
For the purpose of any reference to time in connection with your use of the Services, We use the timezone GMT+1 unless otherwise specified.
The terms bwin Kursaal Oostende, and any other signs used by the Group are the trade marks, service marks, trade names of the Group or one of its subsidiaries or associated companies or its licensors. Further, all other material used by Group, including but not limited to the website, software, images, pictures, graphics, logos, photographs, animations, data, videos, music, audio, text (and any intellectual property rights in and to any of the same) is owned by the Group or one of its subsidiaries or associated group companies and/or licensors and is protected by copyright and/or other intellectual property rights. No intellectual property rights in any form or way, including copyright material or trade or service marks, are transferred to You by the use of Our Website www.bwin.be or Services, and none of these rights can be used without the explicit written permission of the Group.
In order to use the Services, You will be required to send money to and may be presupposed to receive money from Us. We may use third-party electronic payment processors and/or financial institutions ('ESPs') to process such financial transactions. You irrevocably authorise Us, as necessary, to instruct such ESPs to handle Account deposits and withdrawals from Your Account and You irrevocably agree that We may give such instructions on Your behalf in accordance with Your requests as submitted using the relevant feature on Our Platforms. You agree to be bound by the terms and conditions of use of each applicable ESP. In the event of conflict between these Agreements and the ESP's terms and conditions then these Agreements shall prevail.
We may from time to time offer You complimentary or bonus amounts to be credited by Us into Your Account ('Bonus(es)'). Such Bonuses may only be used in relation to such Services as may be specified when the Bonus is offered to You. Acceptance of any Bonus shall be in accordance with additional terms and conditions We may make available to You in respect of each such Bonus offering and, if none, then in accordance with the Standard Promotional Terms and Conditions and bonus release restrictions contained in the relevant offer. Offers may be used only ONCE unless otherwise specified. You are not entitled to withdraw any Bonus amounts and You may not remove any cash obtained via a Bonus from Your Account without first complying with the applicable terms including, without limitation, in respect of any qualifiers or restrictions. With regard to the Sports Services, in addition to any further applicable terms, You may only withdraw any funds obtained via a Bonus from Your Account when You have wagered a sum equivalent to five times the Bonus amount and five times the deposit amount that led to the Bonus amount at odds of 1.4 or above.
Your account balance is the amount of real money held in Your Account (if any), plus any winnings and/or minus any losses accrued from using the Services, less any rakes or entry or other fees, if applicable, and less any amounts previously withdrawn by You or amounts forfeited or reclaimed by Us due to any known or suspected fraud or due to deposits or other transactions rejected or cancelled by Your bank or any relevant third-party bank (whether as a result of insufficient funds, charge-backs or otherwise), any Inactive Account Fees (see Section 11 below) or any sums which are otherwise deductible or forfeited under these Agreements ('Account Balance').
Acceptance of a cash out request is subject to You having made a real-money deposit in Your Account, any deposit method restrictions, bonus restrictions and/or Security Reviews (see Section 16 below) and any other terms of these Agreements. All amounts You withdraw are subject to the transaction limits and any processing fees for deposits and withdrawal methods that We notify You of before cashing out. For further details of current deposit and cash out options and fees please see Cashier.
You agree that the maximum amount that You may cash-out is twenty thousand US Dollars ($20,000) (or the equivalent amount in EURO or GBP currency according to the Exchange Rates offered by Us) per month. All amounts larger than twenty thousand US Dollars ($20,000) will be paid monthly until the full withdrawal amount is reached. This condition also applies to winnings of progressive jackpots.
We may report and withhold any amount from Your winnings in order to comply with any applicable law. All taxes due in connection with any winnings awarded to You are Your sole liability. Account balances cannot be transferred, substituted or redeemed for any other prize. Payment of funds which You withdraw shall be made by cheque, wire transfer, payment card and/or any other manner which We select in Our sole discretion, although We will try to accommodate Your preferences as indicated by You when You register.
Payments will be made as soon as reasonably possible (subject to up to three business days internal processing time), although there may be delays due to any Security Review (see Section 16 below) undertaken by Us and save where We (with)hold any such payments in accordance with these Agreements.
All Payments made by bank transfer in EUR within the SEPA region will be processed in accordance with the SEPA criteria. This means that both the remitter and the receiver will be charged regular domestic fees for the transaction by their respective banks, even if the transfer takes place between two different countries within the SEPA region.
If You do not access Your Account by 'logging on' to Your Account using Your Account name / User ID and password and either (i) place a cash wager or bet via the Facilities, or (ii) enter a tournament with a cash entry fee via the Gaming Facilities, or (iii) play a raked hand via the Gaming Facilities, or (iv) make a deposit as applicable, for any consecutive period of 365 days, then after those 365 days (the 'Grace Period') Your Account (and any related account with any ESP) will be deemed 'Inactive'.
Once Your Account has been deemed Inactive We will be entitled to charge You an administrative fee (the 'Inactive Account Fee'). We may deduct an amount up to the Inactive Account Fee amount from Your Account Balance on the day following the end of the Grace Period and then every thirty (30) days thereafter in accordance with the Inactive Account Fee Schedule. We will also remove any unused freeroll entry tournament monies from Your Account, including but not limited to occasions where the tournament for which the freeroll entry applies is no longer valid. If We continue to deem Your Account Inactive for a period of eighteen consecutive calendar months, in order to safeguard Your monies, We may withhold any remaining monies in Your Account and close Your Account. You may contact Us to reclaim any such withheld monies at any time.
We will stop deducting the Inactive Account Fee from Your Account Balance if Your Account is re-activated by entering a tournament, or making a cash bet or wager, or by playing a raked hand, by making a deposit or upon closure of Your Account in accordance with this article.
Abusive or offensive language will not be tolerated on Our chat boards, or otherwise by You on the Platforms or with Group staff. In addition, You are not entitled to make untrue and/or malicious and/or damaging comments with regard to the Group's operation in any media or forum.
In accordance with the terms of Our Third-Party Content policy, We may at any given time and without warning reject or delete any text, files, images, photos, video, sounds, or any other materials ('Third Party Content') posted by You on the Platforms which in Our sole opinion breaches the terms of these Agreements.
Any violation of this policy may result in removal of the Third Party Content, a suspension of Your use of the Services and/or such other action as may be reasonably required by Us to ensure compliance as well as compensation for damages to the Group
The Account name / User ID and password selected when You apply for membership should not be disclosed to any third party. You are solely responsible for the security of Your Account name / User ID and password.
You agree to keep Your Account name / User ID and password secret and confidential and not to allow anyone else to use it. Every person who identifies themselves by entering a correct Account name / User ID and password is assumed by Us to be the rightful Account holder and all transactions where the Account name / User ID and password have been entered correctly will be regarded as valid. In no event will We be liable for any loss You suffer as a result of any unauthorised use or misuse of Your login details. We shall not be required to maintain Account names / User IDs or passwords. If You have lost Your Account name / User ID, password or any log-in details, please contact Us on the day of discovery for a replacement. If You misplace, forget, or lose Your Account name / User ID, password or other log-in details as a result of anything other than Our error, We shall not be liable. We furthermore retain the right to suspend and/or cancel your account if We have indications of an abuse of Your Account name / User ID and/or password.
We have a zero tolerance policy towards inappropriate play and fraudulent activity. If, in Our sole determination, You are found to have cheated or attempted to defraud Us and/or the Group or any other user of any of the Services in any way, including but not limited to game manipulation or payment fraud, manipulation of the multi-currency facilities, betting on all possible outcomes of a game or event or if We suspect You of fraudulent payment, including use of stolen payment cards, or any other fraudulent activity (including but not limited to any chargeback or other reversal of a payment) or prohibited transaction (including but not limited to money laundering) or if Your deposits failed to be honoured by Your bank for any reason, We reserve the right to suspend and/or close Your Account and recover bad debts using whichever method may lawfully be available to Us including, but not limited to, (i) debiting the amount owed by You from Your Account; and (ii) instructing third party collections agencies to collect the debt. This may have a detrimental impact on Your credit rating and will require Us to share Your personal information (including Your identity) with appropriate agencies and to report any criminal or suspicious activities to the appropriate authorities.
We reserve the right to void and withhold any or all winnings made by any person or group of persons and to void and withhold any Player Points gained by any person or group of persons where We have reasonable grounds to believe that said person or group of persons is acting or has acted in liaison in an attempt to defraud or damage Us and/or the Group and/or the Services and/or the Platforms in any way.
In the interests of data protection, security and avoidance of fraud We do not permit use of any communication channels included within the Services and/or the Platforms (including but not limited to dealer table chat boards) to offer or promote any offers, products and services (whether Yours or a third party's). You are expressly prohibited from posting information or contacting Our customers to offer or promote any offers, products or services.
With regard to the Sports betting Services, in the event that We suspect there has been any match rigging, price rigging or other event manipulation, We reserve the right, in Our sole discretion, to (i) suspend the offering of any event or series of events in any of our markets; and (ii) delay and/or withhold payment on any event or series of events in any of our markets until the integrity of such event or series of events has been confirmed by the relevant sports federation.
In the event that the appropriate sports governing bodies confirm that active event manipulation has taken place on any event or series of events, We reserve the right, in our absolute discretion, to suspend any bets placed on such events, either by any individual identified as having possessed insider betting knowledge or information or by any other individual who in Our reasonable opinion is connected to, acting in conjunction with or in any way involved with such individual.
You must inform Us as soon as You become aware of any errors with respect to Your Account or any calculations with respect to any bet or wager You have placed or any currency conversion. In the event of such error or any system failure or game error (a divergence from the normal functioning of the game logic for whatever reason) that results in an error in any odds calculation, charges, fees, rake, bonuses or payout, or any currency conversion as applicable, ('Error') We will seek to place all parties directly affected by such Error in the position they were in before the Error occurred. We reserve the right to declare null and void any wagers or bets that were the subject of such Error and to take any money from Your Account relating to the relevant bets or wagers, if there are insufficient funds in Your Account, We may demand that You pay Us the relevant outstanding amount relating to these bets or wagers. In all circumstances whereby We (in Our sole discretion) determine an Error has been used to gain an unfair advantage, We reserve the right to consider this activity to be subject to Section 17 (Forfeiture & Account Closure) of these Terms and Conditions.
To maintain a high level of security and integrity in the system, We reserve the right to conduct a security review at any time to validate Your identity, age, the registration data provided by You, to verify Your use of the Services, including but not limited to Your compliance with these Agreements and the policies of the Group and Your financial transactions carried out via the Services for potential breach of these Agreements and of applicable law (a 'Security Review'). As such You authorize Us and Our agents to make any inquiries of You and for Us to use and disclose to any third party We consider necessary to validate the information You provide to Us or should provide to Us in accordance with these Agreements, including but not limited to, ordering a credit report and/or otherwise verifying the information against third party databases. In addition, to facilitate these Security Reviews, You agree to provide such information or documentation as We, in Our unfettered discretion, may request.
WE RESERVE THE RIGHT, IN OUR UNFETTERED DISCRETION AND IN RELATION TO YOUR ACCOUNT, ANY RELATED ESP (as that term is defined at clause 8) ACCOUNT, ANY ACCOUNTS YOU MAY HAVE WITH OTHER SITES AND/OR CASINOS AND/OR SERVICES OWNED OR OPERATED BY OR ON BEHALF OF THE GROUP AND, IN THE CASE OF YOUR USE OF THE GAMING SERVICES, ANY SERVICES THAT SHARE THE SHARED GAME/TABLE PLATFORM, TO TERMINATE THESE AGREEMENTS, WITHHOLD YOUR ACCOUNT BALANCE, SUSPEND YOUR ACCOUNT, AND RECOVER FROM SUCH ACCOUNT THE AMOUNT OF ANY AFFECTED PAY-OUTS, BONUSES AND WINNINGS IF:
You are in material breach of any of these Agreements;
We become aware that You have used or attempted to use the Services for the purposes of fraud, collusion (including in relation to charge-backs) or unlawful or improper activity (including without limitation, any manipulation of the multi-currency facilities);
We become aware that You have played at any other online gaming site or services and are suspected of fraud, collusion (including in relation to charge-backs) or unlawful or improper activity;
You have 'charged back' or denied any of the purchases or deposits that You made to Your Account;
You become bankrupt or analogous proceedings occur anywhere in the world; or
We are requested to do so as a result from regulatory changes or obligations imposed by the Belgian Gaming Commission/Belgian law.
You are entitled to close Your Account and terminate these Agreements on seven (7) days notice to Us by withdrawing the entire balance from Your Account and sending a letter or email or telephoning Us using the details at 'contact Us'. We will respond within a reasonable time provided that You continue to assume responsibility for all activity on Your Account until such closure has been affected by Us.
We take Responsible Gaming seriously. If You would like Us to close Your Account for responsible gaming reasons please email email@example.com and We will endeavour to close Your Account as soon as reasonably possible We furthermore refer to the following "Folder on addiction" on the website of the Belgian Gaming Commission: http://www.gamingcommission.be/opencms/export/sites/default/jhksweb_nl/documents/gokeng.pdf
Without limitation to section 17, We are entitled to terminate these Agreements on seven (7) days notice (or attempted notice) to You at the email address You have provided to Us. In the event of termination by Us, We shall give notice of the termination to You via email and, other than where termination is pursuant to section 17, as soon as reasonably practicable refund the balance of Your Account. Where We have terminated pursuant to section 17, any payouts, bonuses and winnings in Your Account are non-refundable and deemed forfeited.
Termination of these Agreements will not affect any outstanding wagers or bets, PROVIDED that any outstanding wagers or bets are valid and are not in breach of these Agreements in any way.
The following Sections of these Terms and Conditions shall survive any termination of these Agreements by either party: 14, 17, 18, 19, 21, 22, 23, 24 and 25, along with any other Sections which are required for the purposes of interpretation.
YOU AGREE THAT YOU WILL ONLY USE THE SERVICES IN ACCORDANCE WITH THE TERMS AND CONDITIONS SET OUT IN THE AGREEMENTS. YOU WILL COMPENSATE US IN FULL FOR ANY LOSSES OR COSTS (INCUDING REASONABLE LEGAL FEES) WHICH WE (OR ANY MEMBER OF OUR GROUPS) INCUR ARISING FROM ANY BREACH BY YOU OF THESE AGREEMENTS.
If You have elected to use any of the self-exclusion tools in connection with any of the Platforms provided by any Group company from time to time, You acknowledge and agree that You are not permitted to open or use an Account with any other Group company ('Additional Group Account') during the self-exclusion period You have selected.
In the event of a breach by You of 20.1 above, We and/or any Group companies shall additionally be entitled (but not obliged) to suspend any funds You may deposit (or have previously deposited) in any Additional Group Account.
For the avoidance of doubt, in the event of a breach by You of 20.1 above, neither We nor any Group companies shall be liable to refund to You any funds You may wager in any Additional Group Account during the self-exclusion period You have selected
YOUR ACCESS TO THE PLATFORMS, DOWNLOAD OF ANY SOFTWARE RELATING TO THE SERVICES FROM THE PLATFORMS AND USE OF THE SERVICES OR ANY INFORMATION WE MAY PROVIDE IN CONNECTION WITH YOUR USE OF THE SERVICES IS AT YOUR SOLE OPTION, DISCRETION AND RISK. WE SHALL NOT BE LIABLE FOR ANY MALFUNCTIONS OF THE COMPUTER PROGRAMS RELATING TO THE SERVICES WE MAKE AVAILABLE FROM THE PLATFORMS, ERRORS AS DESCRIBED IN SECTION 15, BUGS OR VIRUSES RESULTING IN LOST DATA OR ANY OTHER DAMAGE TO YOUR COMPUTER EQUIPMENT, MOBILE PHONE OR MOBILE DEVICE, OR SOFTWARE. FURTHERMORE, WE SHALL NOT BE LIABLE FOR ANY ATTEMPTS BY YOU TO USE THE SERVICES BY METHODS, MEANS OR WAYS NOT INTENDED BY US.
WE WILL PROVIDE THE SERVICES WITH REASONABLE SKILL AND CARE AND SUBSTANTIALLY AS DESCRIBED IN THE AGREEMENTS. WE DO NOT MAKE ANY OTHER PROMISES OR WARRANTIES ABOUT THE SERVICES AND ITS AVAILABILITY. IN CASE OF A TECHNICAL FAILURE, WE WILL MAKE ALL REASONABLE EFFORTS TO RESTORE THE SERVICE AS SOON AS POSSIBLE. WE ARE HOWEVER NOT REQUIRED TOPROVIDE REDUNDANT OR BACKUP NETWORKS AND/OR SYSTEMS.
OUR MAXIMUM LIABILITY, IF ANY, TO YOU OR ANY THIRD PARTY ARISING OUT OF THESE AGREEMENTS OR YOUR USE OF THE SERVICES OR THE COMPUTER PROGRAMS RELATING TO THE SERVICES WE MAKE AVAILABLE FROM THE PLATFORMS, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL BE LIMITED IN ANY TWELVE (12) MONTH PERIOD TO THE AMOUNT, IF ANY, YOU HAVE PAID FROM YOUR ACCOUNT IN BETS, RAKES AND/OR FEES, AS APPLICABLE, IN THE SAME TWELVE (12) MONTH PERIOD AND IN RELATION TO THE SERVICE RELEVANT TO WHICH THE LIABILITY IN QUESTION HAS ARISEN.
THE GROUP (INCLUDING ITS OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES) WILL NOT BE LIABLE TO YOU IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR ANY BUSINESS LOSSES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, PROFITS, REVENUE, BUSINESS, OPPORTUNITY, GOODWILL, REPUTATION OR BUSINESS INTERRUPTION OR FOR ANY LOSSES WHICH ARE NOT CURRENTLY FORESEEABLE BY THE GROUP ARISING OUT OF THESE AGREEMENTS OR YOUR USE OF THE SERVICES.
NOTHING IN THESE AGREEMENTS WILL OPERATE SO AS TO EXCLUDE ANY LIABILITY WE MAY HAVE IN RESPECT OF EITHER FRAUD, OR DEATH, OR PERSONAL INJURY OR, WITH REGARDS TO CONSUMERS, A MATERIAL BREACH OR (EXCEPT IN CASE OF FORCE MAJEURE) THE NON-PERFORMANCE OF AN ESSENTIAL OBLIGATION UNDER THIS AGREEMENT, AND CAUSED BY OUR NEGLIGENCE.
If You have any complaints, claims or disputes with regard to any outcome regarding the Services or any other activity, You must submit Your complaint to Us in writing as soon as is reasonably practicable following the date of the original transaction to which the claim or dispute refers. Complaints may be submitted to Us in writing to: Customer Services Manager, Suite 711, Europort, Gibraltar, or contact us. Any notice We give to You (save as otherwise set out herein) will be sent to the email address that You provide when You register Your Account. It is Your responsibility to give Us notice of any changes to this address through the 'Change Email' facility in the Service Provider's software and to regularly check Your email account for emails from Us.
To the extent that You are not satisfied with Our response You may contact The Belgian Gaming Commission at firstname.lastname@example.org
You should assume that all use of Our website, and emails, SMS and telephone calls between You and Us will be recorded. These recordings will be Our property and may be used as evidence in the event of any dispute or to improve customer services. These recordings will be kept for a period of 36 months.
These Agreements shall be governed by and construed in accordance with the laws of Belgium. You irrevocably agree to submit to the exclusive jurisdiction of the courts of Brussels (Belgium) for settlement of any disputes or matters arising out of or concerning these Agreements or their enforceability.
If any part of these Agreements is found to be invalid, illegal or unenforceable in any respect, it will not affect the validity of the remainder of the Agreements, which shall remain valid and enforceable according to their terms. The provision that have been found to be invalid, illegal or unenforceable will be considered to be replaced by a valid provision which, to the greatest possible extent, corresponds to the idea and objective of the previous provision.
We reserve the right to transfer, assign, sublicense or pledge these Agreements, in whole or in part, to any person (but without Your consent) without notice, provided that any such assignment will be on the same terms or terms that are no less advantageous to You. You may not assign, sublicense or otherwise transfer in any manner whatsoever any of Your rights or obligations under these Agreements.
Except insofar as these Agreements expressly provide that a third party may in their own right enforce a term of these Agreements, a person who is not a party to these Agreements has no right under local law or statute to rely upon or enforce any term of these Agreements but this does not affect any right or remedy of a third party which exists or is available other than under local law or statute.
For the avoidance of doubt, each member of the Group is an intended third party beneficiary of these Agreements.
You fully understand and agree to be bound by these Agreements and as modified and/or amended by Us from time to time. We may amend these Agreements at any time either by emailing or SMS messaging You notification of the new terms and/or by publishing the modified Agreement(s) on the relevant page of the Platforms or any place through which You access the Services. Any such modification will take effect within thirty (30) days of publication. If any modification is unacceptable to You, Your only recourse is to terminate these Agreements. Your continued use of the Services following notification or as the case may be such thirty (30) day period will be deemed binding acceptance of the modification. It is Your sole responsibility to review these Agreements and any amendments each time You play. These Agreements and the documents referred to herein represent the complete and final agreement between You and Us in relation to these agreements and supersede any and all prior agreements between You and Us.
The following terms apply only to Your use of the Sports betting Services. Please note that in the event of any conflict between this Section 28 and the remaining Sections of these Terms and Conditions, this Section 28 shall prevail to the extent that it applies to Your use of the Sports betting Services.
28.2. Rules and Procedures of the Sports betting Services
You must use the Sports betting Services in accordance with the generally accepted games rules set out in Our Sports betting Services Rules and any other page that specifically relates to and governs any particular event, game or tournament ('Rules'). We advise You to read all of these Rules carefully.
28.3. Betting Terms
We reserve the right to use symbols (such as 1,X,2) and abbreviations for the indication of betting outcomes. We will at any time maintain a help section on the Sports betting Services providing information about the betting types and terms used. We advise You to familiarise Yourself with the exact details of any bet before placing it. Any additional information detailed at the top or bottom of events and odds displays forms part of the betting rules for the particular event and in the event of any disparity, shall take precedence over these terms. We advise You to read all of this information carefully.
28.3.1 Limits on Stakes
We reserve the right to limit the maximum amount wagered for each single or multiple bet at our Sole discretion or as a result from regulatory changes or obligations imposed by the Belgian Gaming Commission/Belgian law.
28.3.2 Limits on Winnings
The maximum aggregate amount that You may win via the Sports betting Services within any seven (7) day period is EUR 250,000. This maximum shall apply independently of the number of bets placed or pending or the amount wagered or pending and acceptance of Your bet or wager by Us does not constitute an agreement to pay out if Your net win exceeds Our limit on winnings (above) and it is Your responsibility to be aware that You will not be paid out if Your net win exceeds this limit.
The maximum amount that You may win via the Sports betting Services on any single bet is EUR 10,000.
These limits are approximate values only and are subject to exchange rate fluctuations. [We reserve the right to impose different winning limits from time to time].
28.3.3 Calculation of winnings
In the case of a fixed odds bet, winnings are calculated by multiplying the stake by the fixed odds. In the case of live bets, You accept any changes in odds during the bet placement process. Changes in odds are understood to be those which change between the pick being added to the bet slip and Our acceptance of the bet. The odds are then displayed in Your bet confirmation notification. In the event that You make more than one bet (including the combination of single and multi bets) and Your total winnings exceed the limits on winnings set out in 28.4.2 above, We shall be entitled to reduce the state to the extent that it is necessary to comply with the limits on winnings.
28.3.4 Accuracy of Bets and Results
In order to ensure the highest accuracy all bets and results, we calculate Your Account funds using four decimal points. For technical reasons,Your Account balance can only be displayed to two decimal points, which may from time to time lead to discrepancies when a value with four decimal points is rounded off to a value with two decimal points.
28.4 Acceptance and Validation of Terms
Bets must be made via the Sports betting Services.
A bet is deemed to be valid following confirmation of acceptance from Our remote servers. This acceptance is demonstrated by the bet's transaction code that will appear on screen. When a bet is placed and accepted, the corresponding amount is charged against Your Account. Once accepted, bets cannot be cancelled or amended in any way.
When placing the bet, You confirm that You do not have any previous knowledge of the result of the respective event underlying the bet ('Event'). If, during the period of acceptance of bets, information becomes known through which the outcome of an Event can be determined, We reserve the right to vary the deadline for acceptance of bets or to void any bets placed.
We reserve the right to void any bet, including but not limited to any bet which may be inadvertently accepted when Your Account does not have sufficient funds to cover the amount of the bet placed prior to the Event taking place. Subject to the foregoing, if Your Account balance partly covers a stake for a bet, We reserve the right to accept Your bet with a stake equal to the sum of Your Account balance. We also reserve the right to take any measures necessary to protect You from further losses should you lose EUR 5,000 (or its equivalent) or more in any four week period at our Sole discretion or as a result from regulatory changes or obligations imposed by the Belgian Gaming Commission/Belgian law.
All bets must be made and accepted before the start of the relevant Event. Any bet placed or received after the start of the Event will be void unless the betting offer is clearly intended to be available after the start of the Event (i.e. live betting, outrights).
If, in the case of live betting, delayed TV coverage or data transmission results in a bet being placed at the incorrect price immediately after the selected participant/team has gained a significant advantage, We reserve the right to void the bet, win or lose.
If an Event is cancelled and deemed void, the respective selection is considered with neutral decimal odds of one (1.00). In the event of an individual bet, the amount of the bet is refunded. In the case of multiple bets in which Events cancelled appear together with other valid events with a winning forecast, the multiple bet is considered won but the accumulated odds are adjusted accordingly.
Multiple bets are not accepted where the outcome of one part of the bet contributes to the outcome of another.
We reserve the right to refuse in whole or in part any bet and all ambiguous bets shall be void.
We reserve the right to suspend, modify, remove and/or add any Sports Service at Our absolute discretion with immediate effect and without notice and it will not be liable for any such action.
28.5 Account Currency Changes
For the avoidance of doubt, in the event that You change Your Account Currency during the life of a bet, any winnings will be converted into Your new Account Currency at the Exchange Rates at time of payout.
The following terms apply only to Your use of the Gaming Services. Please note that in the event of any conflict between this Section 29 and the remaining Sections of these Terms and Conditions, the remaining Sections of these Terms and Conditions shall prevail.
29.2 Play Money and Real Money Games
By registering for the Gaming Services You will be able to access (through the Software (as defined below)) both 'play money' games and tournaments ('Play Money Games' or 'Play for Free Games' respectively) and 'real money' games and tournaments ('Real Money Games' or 'Play for Real Money Games' respectively), via the Gaming Services. No purchase is necessary or required to play the Play Money Games, save in respect to any cost You may incur to access the Gaming Services, charged by Your Internet service provider or telecommunications provider, and You may play the Play Money Games without betting money. We reserve the right to suspend, modify, remove and/or add any Gaming Service in Our sole discretion with immediate effect and without notice and We will not be liable for any such action.
29.3 Rules and Procedures of the Gaming Services
You must use the Gaming Services in accordance with the generally accepted games rules set out in the Game Rules section, and the procedures relevant to the Gaming Service You are using specifically set out in the Games section of the bwin.be online site, including but not limited to the Promotions section, Tournaments section, Game Instructions & Rules section, the b'friends section, How to Play, Table Stakes, Tournaments, Tournament Rules, Poker Etiquette section and any other page that specifically relates to and governs any particular event, game or tournament ('Rules').
29.4.1 Anti-Cheating Policy
We are committed to preventing the use of unfair practices in the Gaming Facilities, including but not limited to player collusion, non-human players (bots), chip-dumping, scripting and other forms of inappropriate behaviour that provide players with an unfair advantage (Unfair Advantage Policy) over other players on the site. We are also committed to detecting and preventing the use of software programs which are designed to enable artificial intelligence to play on Our Platforms including, but not limited to, opponent-profiling, cheating software or anything else that We deem enables You to have an unfair advantage over other players not using such programs or systems ('AI Software'). You acknowledge that We will take measures to detect and prevent the use of such programs and AI Software using methods (including but not limited to reading the list of currently running programs on a player's computer) and You agree not to use any AI Software and/or any such programs. In the event that We suspect that a player has been involved in any practices outlined in this Clause 29.4 or any other practices which We deem to be unfair or fraudulent, We reserve a right, in Our sole discretion, to block their account and permanently withhold available funds from within such accounts. No player shall have the right to require Us to take any other steps against players suspected of collusion, cheating, scripting or any other form of unfair or fraudulent behaviour. If a player has been cheated on by another player when using the Facilities, We shall only refund the amounts lost by the player as a result of being cheated in the event that We can locate the cheating account and access the funds in question. In the event that more than one player is affected by the cheating account and We can allocate that cheating account, then the remaining funds in the cheating account will be distributed on a pro-rata basis in accordance with the loss of each affected player.
29.4.2 Collusion and Cheating
Collusion occurs when two or more players attempt to gain an unfair advantage by sharing knowledge of their cards or other information. Any player who in our reasonable opinion colludes or attempts to collude with any other player while using the Facilities may be permanently banned from using the Facilities or the software, their account may be terminated immediately and We shall be entitled to retain all monies in such player's account. If You suspect that any player is colluding with another or cheating, please Contact Us.
29.4.3 Automatic Players (Bots)
The use of artificial intelligence which plays without human intervention or reduces the requirement of a human playing including, without limitation, “robots”, is strictly forbidden in connection with Our Facilities. All actions taken in relation to the Facilities by a player must be executed personally by players through the user interface accessible by use of the Facilities. If You suspect that any player is using any kind of artificial intelligence, please Contact Us.
Chip dumping occurs when any player intentionally loses a hand in order to deliberately transfer his chips to another player. Any player who we reasonably suspect of participating or attempting to participate in chip-dumping with any other player, while using the Facilities may be permanently banned from using the Facilities and their account may be terminated immediately. If You suspect that any player is participating in chip dumping, please Contact Us.
You may install and use the software We make available from the Platforms used to provide the Gaming Services (the 'Software') on a hard disk or other storage device and make backup copies of the Software, provided that such use and backup copying is only for Your own personal use in using the Gaming Services in accordance with these Agreements, and further, that such installation and use is made through a computer or other device of which You are the primary user. The Software's structure, organisation and code are the valuable trade secrets of the Group and/or its associated companies and/or its licensors. You obtain no rights to the Software except to use it in accordance with these Agreements. Save as expressly permitted by law, You are strictly prohibited from, and agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software or any part of it or to create, publish or distribute derivative works from the Software. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by any applicable laws, restrictions or regulations.
29.6 Shared Games, Table and Database Platform
We reserve the right, but are not obliged, to run and utilise a shared table, server and database platform or system ('Shared Game/Table Platform') which enables Gaming Service users to play with players coming into the games, tables and tournaments from other websites and brands operating on the same Shared Game/Table Platform. If a Shared Game/Table Platform is used, You agree that You may be pooled into these common game/tables, at Our sole discretion, and that to the extent that You breach the terms and conditions of one site or brand that operates on the Shared Game/Table Platform, We may have You blocked, in part or full, from the entire system so that You may not play through any site or brand using or on the Shared Game/Table Platform. Without limitation to the restriction on having multiple Accounts with Us (please see Section 4), We may require that You only have one Account on the Shared Game/Table Platform if the same is used.
29.7 Play Money and Real Money Account Funding
'Play money' funds have no value and are kept separate from 'real money' funds. They are not transferable to a 'real money' account nor are they redeemable for any currency. We do not promise to accurately record the number of play money chips held by You and Your play money chips may be lost at any time. Further, We reserve the right to set a maximum chip limit for play money Accounts.
29.8 Settlement of In-Game Disputes
You fully accept and agree that random number generator ('RNG') software will determine the shuffling and dealing of cards and other randomly generated events required in the Gaming Services. If there is a discrepancy between the result showing on the Software (as installed and operated on Your hardware) and Our server, the result showing on Our server shall govern the result. Moreover, You understand and agree that (without prejudice to Your other rights and remedies) Our records shall be the final authority in determining the terms of Your use of the Gaming Services, the activity resulting therefrom and the circumstances in which such activity occurred.
29.9 Real Money Game and Tournament Currency
Where a Real Money Game or tournament is only available in a currency which is different from Your Account Currency You may in some cases be given the option to buy-in to the same in the currency of the relevant game/tournament. Such buy-in (together with any winnings) will be subject to the terms and Exchange Rates offered by Us at the relevant time. Please see Currency Converter and Frequently Asked Questions for further details. In all other cases You will only be permitted to place bets and wagers in Your Account currency.
We may offer, withdraw, revoke and/ or amend the terms of any membership of Our VIP programme at any time. For the avoidance of doubt, membership of Our VIP programme is at Our sole discretion and Your status as a member of Our VIP programme may be altered by Us at any time.
PLEASE PRINT THESE TERMS AND CONDITIONS AND STORE FOR YOUR FUTURE REFERENCE. IN ADDITION, WE SUGGEST THAT YOU PRINT AND STORE ALL TRANSACTION RECEIPTS AND GAME RULES AS APPLICABLE TO YOUR ACTIVITIES.
If You have any questions, please contact Customer Services.