END USER TERMS AND CONDITIONS OF USE
IMPORTANT READ CAREFULLY BEFORE ACCEPTING THIS AGREEMENT
These terms and conditions (the "Agreement") constitute a legally binding agreement between:
• You, the End User;
• Gaming Portals Limited ("GPL") and
• OIGE CG Ltd (“OIGE”)
These terms and conditions are application to the gaming or wagering games are located at http://www.1casino.com or replacement or associated URLs that contain the "1Casino.com" brand ("Games"). GPL provides the payment processing services in relation to the Games by way of the ECash Software and related documentation (the "ECash Software") on behalf of OIGE (the "ECash Service"). OIGE possesses all required authority to offer the Games to the public under the authority of the Government of Malta. The Games operate on the basis of an underlying software system licensed to OIGE by GPL (the "Software"). In this Agreement the ECash Software and the Software are together referred to as the "Software". In this Agreement GPL and OIGE are together referred to as the "Service Providers". This Agreement is between you and all of the Service Providers. The Service Providers may (either individually or together) enforce any of their respective rights or powers set out in this Agreement against you directly.
The purpose of this Agreement is to regulate the legal relationship between you and each of the Service Providers in relation to your use of the Games, the Software and the ECash Service. If you have any questions, the Service Providers encourage you to seek independent legal advice in your jurisdiction prior to your acceptance by checking the box stating that you have read this agreement and agree to be bound by its terms. By checking the box stating that you have read this aAgreement and agree to be bound by its terms and/or by usinge the GamesCasino, the Software or the ECash Services you are legally bound by this Agreement INCLUDING THE EXCLUSIONS AND LIMITATIONS OF LIABILITY CONTAINED IN IT AT CLAUSE 11.
If you do not agree with any of the terms of this Agreement you must (i) not check the box stating that you agree to be bound by its terms; or (ii) exit out of the installer process and erase from your hard drive or any other drive or storage medium, the executable file you downloaded that contains the Software.
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1. THE GAMES
1.1
OIGE operates the Games by virtue of the authority as a registered license-holder of the Government of Malta. All transactions in connection with the Games take place in the territory of Malta where the Games server is located. We reserve the right, at our absolute discretion and without any obligation of notifying you, to change the location of the license and/or territory where the games servers are located or/and the game takes place.
1.2
You maycan only use the Games if you are of the legal age of majority as determined by the law of the country from where you live and/or access the Games (the "Local Jurisdiction"). You may cannot use the Games if you are under 18 years of age in any circumstances. If you are under 18 years of age or below the legal age in the Local Jurisdiction, or if your use of the Games is prohibited in the Local Jurisdiction (YOU HAVE AN OBLIGATION TO MAKE THIS DETERMINATION BY MAKING THE APPROPRIATE ENQUIRES IN THE LOCAL JURISDICTION) then you must only use the version of the Games that can be played for fun or practice, and you must not use the version of the Games played for real money. You cannot use the Games if you are an employee or contractor of, or immediately family member of an employee or contractor of, or a corporate entity that has any connections, whether direct or indirect, to an employee or contractor of, or immediate family member of an employee or contractor of, GPL, or any of its parent, subsidiary, affiliated and/or related companies.
1.3
The Games are only available to you if the use of the Games is permitted in the Local Jurisdiction. OIGE does not intend that anyone should use the Games where such use is illegal. The availability of the Games does not constitute an offer or invitation by OIGE to use the Games in any country in which such use is illegal. Use of the Games and participation therein is void wherever prohibited by any applicable law. YOU ACCEPT SOLE RESPONSIBILITY FOR DETERMINING WHETHER YOUR USE OF THE GAMES IS LEGAL IN THE LOCAL JURISDICTION. If your use of the Games is illegal you will not be entitled to collect any winnings and the Service Providers reserve the right to recover any winnings already received by you and/or by anyone acting on your behalf and to report you to the relevant authorities.
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2. END USER'S REPRESENTATIONS, WARRANTIES AND COVENANTS & INDEMNITY
2.1
In consideration for the rights granted to you to use the Games and the Software you warrant, represent and covenant towith the Service Providers (and acknowledge that the Service Providers are relying on such warranties, representations and covenants) that:
• You are of sufficient legal age, and are legally allowed, to use the Games in the lLocal jJurisdiction;
• Your use and interest in the Games is personal and that you are only using the Games for your own private entertainment and you acknowledge that any other entrance, access, use or reuse of the Games is strictly prohibited;
• You are not an employee or contractor or immediately family member of an employee or contractor or being a corporate entity that has any connections, whether direct or indirect, to an employee or contractor or immediate family member of an employee or contractor of GPL, or any of its parent, subsidiary, affiliated and/or related companies.
• You are solely responsible for recording, reporting, paying and accounting to any relevant governmental or taxation authority for any tax or other levy that may be payable on your winnings from the Games;
• You agree and acknowledge that you will not provide any information or make any statement to the Service Providers that is untrue, false, incorrect or misleading including (but not limited to) information relating to your identity and contact details. Any and all information that you have provided to the Service Providers is true (and will continue to be true) in every respect throughout the term of this Agreement and you agree to duly notify the relevant Service Providers of any changes to such information immediately;
• You will not use the Software or the ECash Services to (i) engage in any activity which you know, or reasonably ought to know, will (or may) be illegal or deceptive, including colluding with other players in an attempt to defraud, or (ii) facilitate transactions, the main purpose of which as determined solely by GPL is to effect a transfer of funds from you or your ECash Account (as defined in Clause 6.1 below) to another end user or ECash Account.
• You are solely responsible for the acquisition, supply and maintenance of all of the computer equipment and telecommunications networks and internet access services and all other consents and permissions that you need to use in order to access the Games or use the Software.
• You fully understand the methods, rules, and procedures of the Games and, where and when appropriate, will seek advice or help when using the Software or the Games.
• All monies used by you in the Games are lawfully yours and are not obtained from an illegal source or through illegal activity.
• You acknowledge that there exists a risk of losing money when using the Games.
• By accepting any winnings, you consent to the Service Provider's use of your name for advertising and promotional purposes without additional compensation, permission or notification, except where prohibited by law.
• You accept and agree to abide by both the terms and conditions of this Agreement, as amended from time to time, the rules of the Games and any rules and terms for any promotions or loyalty schemes in which you participate, each as set out on the website from time to time (see paragraph 10 below with regard to changes to this Agreement). You may find information regarding the rules at http://www.1casino.com/support/.
• Your participation in any promotions shall be deemed as consent to the applicable rules and terms set out in connection with the respective promotion.
• If you wish to use your ECash Account to play at OPoker or any other 1CasinoHeptalon-branded property, you acknowledge that additional terms and conditions apply to such properties and you undertake to make yourself aware of same. Wagering at any other Heptalon-branded property shall be deemed acceptance of those applicable terms and conditions.
2.2
You agree to fully indemnify the Service Providers and hold the Service Providers harmless from and against all and any losses, costs, expenses, claims, demands, liabilities and damages however caused that may arise as a result of your (a) use of the Games or (b) acceptance of any winnings or (c) any breach of this Agreement.
2.3
If you breach this Agreement or any one of the Service Providers has any reasonable grounds for suspecting that you have breached this Agreement, in addition to any other remedies available to the Service Provider, without notice to you:
i. OIGE may withhold payment of your winnings; and/or
ii. GPL may retain the balance in your ECash Account
on account of any damages or other amounts owed by you to the Service Providers.
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3. SOFTWARE
3.1
The Service Providers grant you a personal, non-exclusive, non-assignable and non-transferrable license to use the Games, Software and the ECash Software. Title, ownership and all intellectual property or other proprietary rights in the Software belong to GPL, including any images, photographs, animations, video, audio, music and text that may be part of the Software. The Software in source code form is the trade secret and confidential information of GPL. All rights not expressly granted to you under this Agreement in respect of the Software are reserved to GPL. The Software is protected by all applicable intellectual property laws and international treaty provisions.
3.2
Title, ownership and all intellectual property or other proprietary rights in the Games are licensed to OIGE. You shall not acquire any rights, interest in or title to any such intellectual property rights in the Games.
3.3
The copying, redistribution or publication of any part of the Software is strictly prohibited. You will not sell, assign, sub-license, transfer, distribute, rent or lease the Software and you will be solely liable for any and all damages, costs and expenses arising from such unauthorized sale, assignment, distribution, renting or leasing thereof. You will not make the Software available on a computer network or otherwise make the Software available to any third parties without the prior consent of the owner and/or licensor of the Software. You will not copy, reverse engineer, decompile, disassemble, modify, translate, or make any attempt to discover the source codes of the Software or create derivative works based on the Software, and you will be solely liable for any damages, costs or expenses arising from the above. You will only use the Software for the purposes contemplated by, and in accordance with the terms of, this Agreement. If you become aware that the Software or the ECash Services are being used in any manner not authorized by this Agreement or otherwise, you will immediately notify GPL.
3.4
You agree that you will not use the Software for any unlawful purposes or for the purposes of sending or transmitting any data or other material:
• in a manner that constitutes a violation or infringement of the rights of any third party (including but not limited to intellectual property rights); or
• that has harmful or destructive or damaging properties; or
• that may constitute any form of collusion; or
• which is likely to cause harm or damage to the computer systems, network or equipment of any third party.
3.5
You acknowledge and agree that the Software and any related documentation or other materials provided by the Service Providers are the confidential information of the Service Providers. You agree not to disclose such confidential information to outside parties without the consent of the Service Provider owning such confidential information. You shall only use confidential information for the purposes of this Agreement. Your obligations with respect to confidential information shall survive termination of this Agreement.
3.6
The Service Providers may develop or issue upgraded versions of the Software from time to time and may make such upgraded versions available to you in their sole discretion. All such upgrades shall be deemed to be Software for the purposes of this Agreement.
3.7
If you use multiple browsers or attempt to manipulate or ascertain information concerning the Software or are involved in collusion, you will forfeit all winnings/money and be deactivated as a player. All wagers must be placed through the user interface. Any wagering through other means, including but not limited to the use of a "robot" player, is strictly forbidden. Collusion is any agreement or understanding between two or more parties to deceive, mislead or defraud others or gain an unfair advantage.
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4. TERMINATION
4.1
This Agreement is effective from the date you check the box stating that you have read this aAgreement and agree to be bound by its terms until terminated in accordance with its terms.
4.2
The Service Providers (or any of them) may terminate this Agreement at any time, and for any reason whatsoever in their sole and absolute discretion with or without notice to you. In particular the Service Providers (or any of them) may immediately terminate this Agreement without notice if:
• you fail or refuse to pay any amount due to any of the Service Providers;
• you breach any of the terms of this Agreement in any way including your representations, warranties or covenants given in this Agreement;
• any statement or information you provide to the Service Providers is untrue, false or misleading whether now or at any time that you play the Games;
• you are committing any offence; or
• you cause to be published on, and/or sent via, the Games or Software or ECash Services any actual or potentially defamatory, offensive, racist, harmful or obscene language or material.
4.3
You may terminate this Agreement at any time by serving written notice on GPL, which termination shall become effective from the time of notification.
4.4
On termination of this Agreement you shall immediately:
• discontinue use of the Software and the Games;
• pay all amounts due and owing to the Service Providers; and
• On request, return to OIGE or GPL, or certify destruction of, all full or partial copies of the Software and related documentation and materials in your possession, custody power or control.
4.5
On termination of this Agreement any balance held on your ECash Account (defined below) will be returned to you within a reasonable time of your request subject always to GPL's right to deduct any amounts owed by you to the Service Providers and any applicable transaction charges from such balance before remittance to you. If this Agreement is terminated as a result of your default then you will be liable to the Service Providers for any damages suffered by any of them.
4.6
The Service Providers shall have no liability to you in respect of an event of Force Majeure. For the purposes of this Agreement "Force Majeure" means any event outside the reasonable control of a party affecting its ability to perform any of its obligations under this Agreement.
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5. GAMES TERMS
5.1
OIGE reserves the right to refuse or limit any wager in its sole discretion.
5.2
If the Service Providers find any evidence or has any suspicion that you have attempted or intend to breach this agreement or have tampered or will tamper with the Software or the operation of the Games in any way, in addition to any other remedies available to it, OIGE may withhold payment of your winnings.
5.3
As part of the Games, OIGE, may provide casino games, including but not limited to Blackjack, Spice Island Poker, Roulette, Craps, Baccarat, Slot Machines, Video Poker, Video Keno, Pai Gow Poker, Let It Ride Poker and Red Dog, Player-to-Player Poker, Bingo and may provide other games as authorized and/or services as it may decide from time to time.
5.4
The Games, unless modified by OIGE will be operated and played in accordance with the rules of the Lotteries and Gaming Authority in Malta as applicable.
5.5
OIGE may, in its absolute discretion, alter or amend or withdraw any game or any part thereof, at any time, and may alter prices, features, specifications, capabilities, functions and/or other characteristics of the Games, including the rules of play.
5.6
OIGE reserves the right to terminate your access to the Games at any time, for any reason.
5.7
The Service Providers reserve the right to amend your nickname and/or alias in its absolute discretion if it believes the same to be defamatory, offensive, pornographic in nature or intended to impersonate a real person or brand name.
5.8
The Service Providers reserve the right to prohibit any player from participating in any and all Games, and may, where situations warrant, freeze the chips/ECash Account funds of any player suspected of cheating in any form. The Service Providers further reserve the right to restrict seating and/or to prohibit players from playing in a particular game, including restricting two or more players from playing together at the same game.
5.9
The Service Providers reserve the right to ban any player from its Games web site(s)casino and remove bonus monies and/or winnings associated with the bonus monies without notice if a player displays any behaviour that the Service Providers deem in their sole discretion to be an abuse of bonus monies or a breach of these terms and conditions. Bonus abuse may include, but is not limited to, claiming multiple bonuses in a month, a player wagering the bonus money on excluded games such as 'Roulette' and/or where bets are made with the primary intention of making substantial gains solely from the bonus money provided by any of the Service Providers (as opposed to use of the bonus monies in conjunction with funds deposited by the players themselves).
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6. ECASH TERMS
6.1
OIGE has an agreement with GPL that allows GPL to provide you with the ECash Services. GPL is entitled, at its absolute discretion, to delegate the ECash Service to any third party/ies as it may consider appropriate, without any requirement of notifying you. As a condition of entering into this Agreement, you will install the ECash Software and, if you play for money, you will be required to open an electronic cash account with GPL (the "ECash Account"). Subject to the terms, conditions and restrictions contained in this Agreement, and subject to the payment of any requisite fees to ECash for use of the ECash Account (the "Fees"), GPL permits you to access and use the ECash Software and the ECash Services only in accordance with this Agreement and solely in connection with the Games.
6.2
You must not bet amounts greater than the balance in your ECash Account. Any winnings will be placed back into your ECash Account. By using the Games and placing bets, you authorize OIGE to effect the relevantative deposits and withdrawals with GPL from your ECash Account.
6.3
OIGE reserves the right to instruct GPL to (i) refuse any application for an ECash Account; (ii) to freeze funds in your ECash Account (which are subject to reclamation by OIGE) depending on the conclusion reached by GPL relating to any activity that GPL determines to be illegal, deceptive or fraudulent; and/or (iii) to close any existing ECash Account at any time for any reason. If OIGE elects to instruct GPL to close your GPL account, the balance subject to any amounts in dispute or review will be paid out to you unless such request arises due to OIGE retaining a third party for the purposes of providing you with electronic cash services similar to the ECash Services in lieu of GPL. In such case, the balance in your ECash Account will be transferred to such third party provider and you consent to such transfer.
6.4
Subject to the terms of this Agreement, you may use the ECash Services to transfer funds from you to your ECash Account or from your ECash Account to you, and from your ECash Account to wager on Games a ("Transfer Transaction"). You may not use your ECash Account for peer to peer transfers.
6.5
You may execute a Transfer Transaction by any of the following means:
• by a credit card acceptable to GPL in its sole discretion which credit card must be in good standing and registered in your name;
• by a debit card acceptable to GPL in its sole discretion which debit card must be in good standing and registered in your name;
• by pre-authorized payment;
• through third party payment processors;
• by providing GPL with a valid cheque, money order or wire transfer; or
• by such other method deemed acceptable by GPL, in its absolute discretion, from time to time.
You acknowledge that, in accordance with Regulation 37 of the Malta Remote Gaming Regulations, LN 176 of 2004, any funds paid into your ECash Account may only be remitted back to the same account and/or payment method from where the funds originated.
6.6
You may instruct GPL to conduct a Transfer Transaction transferring funds from your ECash Account by first providing GPL (in writing or via email or through any other electronic process provided for in the ECash Software from time to time) with such information as GPL may require from time to time. Except as expressly provided otherwise in this Agreement once you have instructed GPL to conduct a Transfer Transaction (an "Authorised Transfer Transaction"), it may not be terminated or reversed by you. GPL reserves the right to reverse an Authorised Transfer Transaction if GPL determines, in itsour sole discretion, that it is necessary to do so. If you or GPL assert that any Transfer Transaction was made in error or without valid authorization, GPL may, in its absolute discretion, reverse or adjust such Transfer Transaction.
6.7
GPL will have no liability whatsoever for any claims, damages or expenses which you or any third party may incur or suffer as a result of:
• the processing, reversal or adjustment of any Authorised Transfer Transaction;
• GPL's failure or refusal to process, reverse, or adjust any Authorised Transfer Transaction;
• the withholding or reclamation of funds in your ECash Account due to deceptive activities as determined by GPL, including but not limited to, your perpetration of fraud or collusion; or
• any delay (regardless of the cause) in the processing, reversal or adjustment of any Authorised Transfer Transaction.
6.8
Notwithstanding the provisions of this Clause 6, GPL may, in its sole and absolute discretion, refuse to process any Transfer Transaction for any reason whatsoever or modify the means by which users of the ECash Service may effect a Transfer Transaction. GPL reserves the right to require you to provide verification of identity, age, place of residence and such other information as it may deem appropriate or as may be required by the Lotteries and Gaming Authority of Malta and to withhold any monies until the requested information is provided. In accordance with Regulation 36 of the Malta Remote Gaming Regulations, prior to processing aggregate withdrawals in excess of 1000 Maltese liri (or equivalent amount in another currency), your identity, age and place of residence must be verified.
6.9
GPL will ensure that any unutilized cleared funds in your ECash Account are from time to time, subject to chargebacks and any applicable financial charges, moved to separate accounts and held to your order.
6.10
You are permitted to establish one ECash Account only for gaming purposes. If you have multiple ECash Accounts for gaming purposes. GPL may in its sole and absolute discretion consolidate multiple ECash Accounts into a single ECash Account at any time, close some or all of your multiple ECash Accounts and return and the funds therein to you or implement measures or take such other action against all or one of your ECash Accounts as it deems appropriate, in its sole and absolute discretion. If you participate in an affiliate program, you are required to open a separate ECash Account pursuant to the affiliate program terms and, which may not, under any circumstances, be used for gaming purposes.
6.11
Your ECash Account will be deemed to be inactive if you do not process a Transfer Transaction from your account in any continuous period of ninety (90) days. Once your ECash Account is deemed to be inactive, you agree to pay GPL a monthly service fee of the then applicable fee (or the current balance of your account, if less) so long as a positive balance remains after which the account will be closed. You authorize GPL to debit this fee from your ECash Account on the first day of the month following the day on which your ECash Account is deemed inactive, and on the first day of every subsequent month that your ECash Account remains inactive, until your ECash Account becomes active again or the balance of your ECash Account is nil at what time you authorize GPL to close your ECash Account.
6.12
GPL may impose any restrictions upon your use of the ECash Services that it deems necessary, in its sole and absolute discretion, at any time and without prior notice. Such restrictions may include, but are not limited to:
• refusing to accept your ECash Account application for any reason whatsoever; and,
• closing your ECash Account at any time and for any reason whatsoever, provided that GPL shall refund the balance in your ECash Account (subject to disputed amounts) and except as otherwise provided in this Agreement.
6.13
GPL may make final and binding determinations in respect of your ECash Account, including but not limited to:
• timing of Transfer Transactions;
• maximum and minimum amounts of Transfer Transactions;
• the maximum aggregate amount of Transfer Transactions made by you during any given period; and,
• the means by which Transfer Transactions shall be commenced and/or processed.
6.14
In consideration for the rights and privileges permitted in this Agreement, you provide the Service Providers with the following warranties, representations and covenants. You warrant, represent and covenant that:
• You will not use the ECash Services to (i) engage in any activity which you know, or reasonably ought to know, will (or may) be illegal or deceptive, including collusion with other players in an attempt to defraud, (ii) facilitate transactions, the main purpose of which as determined solely by GPL is to transfer funds from you or your ECash Account to another end user or ECash Account.
• You will treat all funds in your ECash Account with the same care and security precautions as you would cash money.
• You will not treat any Service Provider as a financial institution nor expect or request interest on any funds that sit in or pass through your ECash Account.
• You will report any errors or unrecognized transactions ("Unrecognized Transactions") on your credit card statement and/or bank statement originating from a Transfer Transaction to GPL within thirty (30) days of the transaction date on the statement. You will discontinue using the ECash Services immediately upon discovering any Unrecognized Transactions. If you fail, neglect or refuse to report Unrecognized Transactions to GPL within the thirty (30) day period and/or continue to use the ECash Services, this will be conclusive evidence that the Unrecognized Transactions are accurate and that you have deemed to have approved them.
• If you have paid the total amount owing on your credit card statement partially or in full and have failed to report Unrecognized Transactions to GPL within the thirty (30) day period and/or continue to use the ECash Services, this will be conclusive evidence that the Unrecognized Transactions are accurate and that you have agreed with the information, save that GPL may reverse any Unrecognized Transactions which are in your favour at any time, including after the thirty (30) day period has lapsed.
6.15
A Transfer Transaction to the Games from your ECash Account signifies your intention to pay OIGE in respect of any wagers made and/or any and all services purchased. If you later dispute a Transfer Transaction ("Disputed Transfer Transaction"), your dispute lies solely between you and the OIGE, and not with GPL. You will remit to your ECash Account the amount equal to the Disputed Transfer Transaction immediately, failing which, you shall remain liable to GPL for the amount equal to the Disputed Transfer Transaction and GPL reserves the right to claim against you for the same, in addition to interest and costs.
6.16
You acknowledge that:
• Your ECash Account is not a bank account and is therefore not insured, guaranteed, sponsored or otherwise protected by any deposit or banking insurance system or by any other similar insurance system of any other jurisdiction, including but not limited to the Local Jurisdiction.
• The maximum amount of a Transfer Transaction out of an ECash Account may not exceed the amount of all previous Transfer Transactions into the ECash Account (including but not limited to credit card deposits minus any chargebacks) minus the amount of all previous Transfer Transactions out of the ECash Account (including but not limited to credit card refunds and credit card void transactions) minus all disputed amounts (including but not limited to credit card chargebacks) minus applicable service charges and/or fines.
• Any funds deposited to your ECash Account must be withdrawn, up to an amount at least equal to such deposit amount, by way of the same payment solution.
6.17
If no transaction has been recorded on a player's account for thirty months, GPL shall remit the balance in that player’s ECash aAccount to the player, or if the player cannot be satisfactorily located, to the Authority provided that no claim shall lie against any of the Service Providers due to the remittance of any funds a Service Provider who has remitted the balance in a player's account to the Authority.
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7. USER INFORMATION & PRIVACY
7.1
You are solely responsible for the security and protection of your user name, ECash System user name, password and personal identification number and financial information (collectively the "User Information"). You will take all necessary and reasonable steps to protect the User Information from disclosure. You will not divulge the User Information to any third party. You will not permit any third party to use your User Information in order to access the Software, the Games or the ECash Services, whether authorized or not.
7.2
You are solely responsible, liable and accountable for all use or access of the Games or the Software and the ECash Services (including all bets and wagers made) through your User Information and you will be solely liable for any losses, damages, costs or expenses that occur due to the use by, or disclosure of the User Information to, others, whether authorized by you or not.
7.3
GPL does not generally provide details of your ECash Account to third parties, however, by entering into this Agreement you give your consent to GPL to:
• release any information with respect to your ECash Account and/or your use of the ECash Services in response to a request by a financial institution, credit reporting agency, a governmental agency, regulatory body or court of law, whether such request is made pursuant to a court order or otherwise;
• provide details of your ECash Account to the police or other investigatory agency pursuant to a verifiable request;
• provide details of your ECash Account to your credit card issuer, a person utilizing a negative database, bank credit reporting company or other entity for the purpose of conducting a credit investigation or rating your credit worthiness or the Service Provider's desire to transact business with you ;
• provide details to a credit reporting agency where the User has failed to pay GPL for a disputed transaction(s) and evidence exists to substantiate the transaction(s);
• seek verification of any information provided by you in relation to your ECash Account or your use of the ECash Services;
• provide details of your ECash Account and/or your use of the Services to a parent, affiliate, subsidiary or related company to GPL, to a third party retained for the purposes of providing you with similar services to the ECash Services in lieu of GPL or to a successor in title to the GPL's business; and/or
• provide details of your ECash Account to OIGE, GPL, Heptalon Trading Ltd. (“Heptalon”) and any of GPL, Oige or Heptalon’s their respective parent, affiliate, subsidiary and related companies.
7.4
In order to assist GPL in processing your transaction where your credit card may have been declined, GPL receives further information from your bank about the reasons for this. GPL uses this information to facilitate completion of your transaction so that GPL can provide our service to you. GPL does not use this information for any other purposes.
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8. PERSONAL DATA
8.1
It is necessary for the Service Providers to collect personal information and data (including but not limited to your name, address and contact information) ("Personal Data") from you in order to allow you to access and use the Games and the ECash Services. By using the Games, Software and ECash Services and communicating electronically with the Service Providers, you acknowledge and agree to the Service Providers processing your Personal Data in the ways set out in this Agreement.
8.2
The Service Providers will primarily process Personal Data for the purposes of providing you with access to the Games and the ECash Services. In addition, the Service Providers may make Personal Data available to other Service Provider affiliates, parents, subsidiary and related companies for the purposes of statistical and market analysis and for informing you about products and services offered by such undertakings. If you do not want to receive any marketing communications you should contact the Service Providers using the contact details set out in Clause 14.5.
8.3
The Service Providers may disclose Personal Data to other Service Providers, other companies within the Service Providers group of companies, their parent subsidiary, affiliated, business partners, government bodies and law enforcement agencies, successors in title to their businesses and third party suppliers engaged to process Personal Data on their behalf or to other third parties for the purposes of providing you with the Games, the Software and the ECash Services. You have a right to access the Personal Data held about you. To obtain a copy of the Personal Data contact the Service Providers using the details set out in Clause 14.5.
8.4
In order to operate effectively, the Service Providers rely on the collection, storage and use of information about individuals in all countries and territories where they operate. The collection and storage of this information and its further use by the Service Providers, their affiliates, parents, subsidiaries and operating companies on a global basis (including via the internet) involves regular transfers of Personal Data from one country to another. You acknowledge that it may be necessary for the Service Providers to transfer information to someone in another country (including countries outside of the European Economic Area) and you consent to such transfer.
8.5
GPL may search your own individual record at a credit reference agency. It will add to your record details of this search and your application and this will be seen by other organizations that make searches. Information held about you by the credit reference agencies may already be linked to records relating to one or more of your partners. For the purposes of this application you may be treated as financially linked and your application will be assessed with reference to any "associated" records. GPL may use a credit scoring or other automated decision-making system when assessing your application. GPL will also add to your record with the credit reference agency details of your agreement with GPL, the payments you make under it and any default or failure to keep to its terms. It is important that you give the Service Providers accurate information. The Service Providers will check your details with fraud prevention agencies and if you give them false or inaccurate information and they suspect fraud, this will be recorded. These records will be shared with other organizations and used by the Service Providers and them to:
• help make decisions about credit and credit related services for you and members of your household; and
• trace debtors, recover debt, prevent money laundering and fraud, and to manage your accounts.
Fraud prevention agency records will also be shared with other organisations to help make decisions on motor, household, credit, life and other insurance proposals and insurance claims, for you and members of your household. If you require details of those credit reference and fraud prevention agencies from which GPL obtains and with which GPL records information about you, then please write to GPL at the address below.
8.6
A cookie is a small piece of information sent by a web server to a web browser, which enables the server to collect information from the browser. Find out more about the use of cookies on http://www.cookiecentral.com. The Service Providers use cookies to identify you when you visit the Games website(s)Casino and to keep track of your browsing patterns and build up a demographic profile. GPL's use of cookies also allows registered users to be presented with a personalised version of the site, carry out transactions and have access to information about their account. Most browsers allow you to turn off cookies. If you want to know how to do this please look at the help menu on your browser. However, switching off cookies will restrict your use of the Games web site(s).
8.7
The Service Providers may wish to change the way in which they hold, process or disclosure Personal Data. If the change is not in accordance with the way in which the Personal Data is held at that time, the Service Provider will use reasonable endeavors to contact you and notify you of the change. If you do not tell the Service Provider that you object to the change in accordance with Section 10 below then the Service Provider will be entitled to regard you as having agreed to it.
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9. ERRORS & OMISSIONS
9.1
If there is any discrepancy between the gaming results on your computer and the results on the game server for the Games, the results on the game server for the Games shall be final and binding. If there is any discrepancy between your on-screen display and GPL's server with respect to balance in your ECash Account, the balance held on GPL's server is deemed to be the balance in your ECash Account and this determination shall be final and binding. You will forfeit any amounts shown to be in your ECash Account that result from human error, technical default or fraud.
9.2
If you are incorrectly awarded any winnings as a result of (a) any human error on the part of the Service Providers or (b) any bug, defect or error in the Software or (c) the failure of the Games or the Software to operate in accordance with the rules of any of the Games through technical error, fraud or otherwise then the Service Providers will not be liable to pay you any such winnings and you agree to refund any such winnings that may have been paid to you by the Service Provider as a result of such error or mistake.
9.3
The Service Providers and their respective licensees, distributors, parents, subsidiaries, affiliates, related companies and all of their shareholders, officers and directors, employees, contractors and representatives will not be liable for any damages which may be caused by the interception or misuse of any information transmitted over the internet.
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10. CHANGES TO THIS AGREEMENT
10.1
The Service Providers may modify, restate or amend the terms and conditions of this Agreement, the rules of the Games, the rules and terms applicable to promotions or loyalty schemes, the ECash Services and/or the Fees from time to time by posting a copy of the change, modification, restatement or amendment:
• in the "user message" that pops up on your screen from time to time when you log on to use the Games or the ECash Services;
• on the "read me text" notice which pops up on your screen when you download and install the Software; or
• on the web site at http://www.1casino.com
10.2
A copy of this Agreement, as updated from time to time, is available for your review at any time on the web site at http://www.enduserterms.com/1casino/00/license.html
10.3
If you use or continue to use the Games or the ECash Services after the posting of the change to this Agreement, the rules of the Games, the Games, the terms for promotions or loyalty schemes or the ECash Services, you will be deemed to have accepted the change whether or not you have chosen to read the user message, "read me text" and/or the web site http://www.1casino.comweb site notices.
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11. NO WARRANTIES; LIMITED LIABILITY
11.1
THE GAMES, THE ECASH SERVICES AND THE SOFTWARE ARE PROVIDED TO YOU "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE SERVICE PROVIDERS DO NOT WARRANT THAT THE OPERATION OF THE GAMES, THE ECASH SERVICES OR THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR BE UNINTERUPTED OR ERROR FREE OR SECURE OR THAT ANY DEFECTS ARE CORRECTABLE OR WILL BE CORRECTED. THE ENTIRE RISK AS TO THE USE, QUALITY AND PERFORMANCE OF THE GAMES, THE ECASH SERVICES AND THE SOFTWARE LIES WITH YOU. IN ADDITION, ANY SECURITY MECHANISMS IMPLEMENTED BY THE SOFTWARE OR THE ECASH SERVICES HAVE INHERENT LIMITATIONS, AND YOU MUST DETERMINE THAT THEY MEET YOUR REQUIREMENTS.
11.2
THE SERVICE PROVIDER'S MAXIMUM LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT OR YOUR USE OF THE GAMES, THE SOFTWARE AND THE ECASH SERVICES, WHETHER FOR BREACH OF CONTRACT, EQUITABLE DUTY OR IN TORT OR OTHERWISE, WILL BE LIMITED TO THE AMOUNT, IF ANY, YOU PAID TO ACCESS THE GAMES. NOTHING IN THIS AGREEMENT SHALL LIMIT THE SERVICE PROVIDERS LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY THEIR NEGLIGENCE.
11.3
IN NO EVENT WILL THE SERVICE PROVIDERS, THEIR LICENSEES, DISTRIBUTORS, PARENTS, SUBSIDIARIES, AFFILIATES, RELATED COMPANIES AND ALL OF THEIR RESPECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND REPRESENTATIVES, NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SOFTWARE OR THE ECASH SERVICES, BE LIABLE FOR ANY DAMAGES OR LOSSES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR PERFORMANCE OF THE SOFTWARE OR THE ECASH SERVICES. THIS DISCLAIMER AND LIMITATION APPLIES REGARDLESS OF THE CAUSE OR NATURE OF THE LOSSES OR DAMAGES INCLUDING, WITHOUT LIMITATION, LOST REVENUE OR PROFITS (WHETHER DIRECT OR INDIRECT), INTERUPTIONS, LOSS OF DATA, INACCURATE RESULTS, OR DELAYS, HOWEVER ARISING AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF THE SERVICE PROVIDERS RECEIVED PRIOR NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. BY ACCEPTING THIS AGREEMENT, YOU ACKNOWLEDGE THAT THE NOMINAL FEE, IF ANY, REFLECTS THIS ALLOCATION OF RISK.
11.4
ANY ALLOWABLE CLAIM, IF ANY, WHICH YOU MAY BRING AGAINST THE SERVICE PROVIDERS MUST BE BROUGHT NO LATER THAN SIXTY DAYS AFTER THE DATE OF THE EVENT GIVING RISE TO THE CLAIM, AND YOU HEREBY WAIVE ANY RIGHT TO BRING ANY CLAIM NOT BROUGHT WITHIN SUCH PERIOD.
11.5
IF YOU ARE USING ANY THIRD PARTY EQUIPMENT, SOFTWARE OR SERVICES (COLLECTIVELY, THE "THIRD PARTY GOODS/SERVICES") IN CONNECTION WITH YOUR USE OF THE GAMES, THE SOFTWARE OR THE ECASH SERVICES, THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF SUCH THIRD PARTY GOODS/SERVICES RESTS WITH YOU. SHOULD SUCH THIRD PARTY GOODS/SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY REPAIRS OR CORRECTIONS.
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12. INDEMNITY
You shall defend, indemnify, and hold the Service Providers, their parents, subsidiaries, affiliates, related companies, partners (including anyone else involved in creating, producing or delivering the Games, the Software and the ECash Services), shareholders, directors, officers, employees, contractors and representatives harmless from and against any and all claims, demands, liabilities, losses, damages, costs and expenses, including legal fees, resulting from, arising out of, or in any way connected with: your misuse of the Games, the Software or the ECash Services, any breach of this Agreement by you, your acts or omissions, the enforcement or protection or clarification of the Service Providers' rights under this Agreement, the processing, reversal or adjustment by GPL of any Transfer Transaction or Authorised Transfer Transaction or Unrecognized Transaction and for any failure by the Service Providers and/or delays (however caused) incurred in the processing, reversal or adjustment by GPL of any Transfer Transaction or Authorised Transfer Transaction or Unrecognized Transaction.
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13. AVAILABILITY
GPL shall use reasonable commercial efforts to ensure that:
• the portion of the ECash Services which are typically provided on-line shall be available seven days a week, twenty-four hours a day; and
• the portion of the Help Services which are typically provided off-line shall be available Monday through Friday, between 9:00 am and 5:00 pm UTC/GMT.
Notwithstanding the foregoing, the Service Providers shall not be liable for any damages and losses that you or any third party may incur as a result of the Service Providers failure to provide the Games, Software or ECash Services.
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14. GENERAL MATTERS
14.1
The relationship between you and the Service Providers under this Agreement is a business relationship and shall not at any time be construed as a partnership, joint venture, trust arrangement, agency or fiduciary relationship of any kind. Nothing in this Agreement shall be construed so as to grant you any security interest whatsoever in the assets of any of the Service Providers.
14.2
If you are importing the Software (or any part of it) from another jurisdiction, you agree to indemnify, defend and hold the Service Providers harmless from and against any import and/or export duties and/or other costs and expenses arising from such importation.
14.3
The rights and obligations under this Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods and/or any local implementing legislation, the application of which is expressly excluded.
14.4
You permit the Service Providers to audit your compliance with this Agreement, as the Service Providers deem necessary in their sole discretion at any time for any reason.
14.5
You will send all communications required in connection with any matter relating to this Agreement and/or any services provided hereunder by the Service Providers by regular mail to the address below, or by electronic mail to the email address below. Any such communication shall be deemed to have been received by applicable Service Provider upon actual receipt thereof.
Gaming Portals Limited
c/o Customer Services
Level 4, The Emporium
St. Louis Street
Msida, MSD 1421
Malta
help@ecashdirect.com
OIGE CG Ltd.
Attention Director
DSLR, Suite 667, Ftieh Street
Birkirkara Bypass
Birkirkara BKR 2940
Malta
Tel: +356-2546-6670
Fax: +356-2546-6000
support@1casino.com
14.6
The terms and conditions of this Agreement that by their sense and context are intended to survive after performance hereunder shall survive the termination or expiration of this Agreement.
14.7
Any provision of this Agreement that is invalid, illegal or unenforceable in any jurisdiction will be ineffective in that particular jurisdiction, without affecting the validity, legality or enforceability of that provision in other jurisdictions, or invalidating the remaining provisions of this Agreement.
14.8
This Agreement constitutes the entire agreement between you and the Service Providers, and supersedes any prior understandings, agreements or commitments, whether written or oral between you and those parties.
14.9
If the Service Providers need to contact you or give you formal notice under this Agreement they will make such contact or give notice by any reasonable means in the circumstances based on the information that they hold about you or that you have provided them with. Such contact or notice may be by email, letter, fax, other electronic communication or otherwise. If the Service Provider uses the details that it holds on you to serve notice then you will be deemed to have received the notice within a reasonable time after the Service Provider sends it. You agree that you will notify the Service Providers if your contact details change.
14.10
The Service Providers shall not be liable to you for any failure to comply with their obligations under this Agreement to the extent that such failure is beyond their reasonable control.
14.11
You may not assign this Agreement to any third party without the Service Providers prior written consent. Subject to that restriction, this Agreement will be binding on and inure to the benefit of, each of the parties respective successors and assigns. The Service Providers may assign, transfer or novate any or all of their rights and obligations under this Agreement to any third party at anytime without notice to you.
14.12
The original text of this Agreement is in English and any interpretation of this Agreement will be based on the original English text. If this Agreement or any documents or notices related to it are translated into any other language, the original English version will prevail.
14.13
You may direct any unresolved complaints to complaints@lga.org.mt
14.14
As the text in this Agreement as well as the rules and guidelines at our website may be presented in several languages, English is always the deciding language in case of differences in interpretation.
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15. LAW & JURISDICTION
15.1
This Agreement shall be governed by the laws of Malta as are in force from time to time. By accepting this Agreement, you agree to submit to the exclusive jurisdiction of the location that the relevant Service Provider determines in its sole discretion in respect of any disputes arising out of, or connected with, this Agreement. Nothing in this paragraph shall prevent the Service Providers from applying to the courts of any jurisdiction for such provisional or protective measures as are available under the laws of that jurisdiction.
15.2
OIGE CG Ltd holds a Class 1 on 4 Remote Gaming License in Malta, License LGA/CL1/282/2006.
The Games are powered by GPL software pursuant a Class 4 Remote Gaming License in Malta held in the name of WagerLogic Casino Software Limited, License LGA/CL4/276/2006.
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