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TERMS AND CONDITIONS OF USE OF SERVICES OF Gobet33.com

June 2015 and version no.1

 

1. GENERAL

 

1.1. These terms and conditions (“Terms and Conditions”) apply to the usage of games provided through www.gobet33.com as well as other URLs belonging to SKIN Company (“the Websites”), as may be specified from time to time.

For the purpose of these Terms and Conditions

 

“SKIN” means [Name Company Skin], a limited liability company incorporated in [Albania], and subject to Albanese law, having its registered address at xxxxx Albania.

 

“Operator” shall mean Yosware limited liability company incorporated in Malta, and subject to Maltese law, having its registered address at YOSWARE ltd 30, Kenilworth/1 Sir August Bartolo Street TA’ XBIEX XBX 1093 Malta

 

“Us” or “We” shall mean the Operator and SKIN

 

“You” or* “the Player” *shall mean the user, or any person who after reading these Terms and Conditions agree, registers and make use of the Website in any way.

 

The Terms and Conditions also apply to related mobile or other platforms enabled by you. ‘Games’ means Casino and other games as may from time to time become available on the Websites. We reserve the right to add and remove Games from the Websites at our own discretion.

 

1.2. The Operator is licensed and regulated in Malta by the Malta’s Lotteries and Gaming Authority, with license numbers LGA/CL1/434/2007; L MGA/CL2/432/2007,  issued on the 23 June 2012.

 

1.3.These Terms and Conditions come into force as soon as you tick the box for acceptance during the registration process. By checking this box, you signify to us that you have read these Terms and Conditions and accept them. By using any of the Websites you signify that you agree with these Terms and Conditions.

 

1.4.You must read these Terms and Conditions carefully in their entirety before ticking the box for acceptance. If you do not agree with any provision of these Terms and Conditions, you must not use or continue to use the Websites.

 

1.5.You fully understand and agree to be bound by the Terms and Conditions contained herein, as may be amended from time to time.

 

1.6.Whenever Terms and Conditions are amended in a way that would limit your current rights or otherwise may be to your detriment, SKIN Company will notify you prior to such changes taking effect and you will be required to re-confirm your acceptance. If you do not agree to the updated Terms and Conditions, you must stop using the Websites.

 

1.7.These Terms and Conditions may be published in several languages for information purposes and ease of access by players. It is only the English version that is the legal basis of the relationship between you and SKIN Company and in case of any discrepancy between a non-English version and the English version of these Terms and Conditions, the English version shall prevail.

2. YOUR OBLIGATIONS AS A PLAYER

 

2.1. You hereby declare and warrant that

2.1.1. you are over 18 years of age or such higher minimum legal age of majority as stipulated if the jurisdiction of your residence and are, under the laws applicable to you, legally allowed to participate in the Games offered on the Websites;

2.1.2. you participate in the Games strictly in your personal non-professional capacity for recreational and entertainment reasons only;

2.1.3. you participate in the Games on your own behalf and not on the behalf of any other person;

2.1.4. you are not resident of the U.S.A.;

2.1.5. all information that you provide to SKIN Company during the term of validity of this agreement is true, complete, correct, and that you shall immediately notify us of any change of such information;

2.1.6. you are solely responsible for reporting and accounting for any taxes applicable to you under relevant laws for any winnings that you receive from SKIN Company;

2.1.7. money that you deposit into your Member Account is not tainted with any illegality and, in particular, does not originate from any illegal activity or source;

2.1.8. you understand that by participating in the Games you take the risk of losing money deposited into your Member Account;

2.1.9. you shall not be involved in any fraudulent, collusive, fixing or other unlawful activity in relation to your or third parties’ participation in any of the Games and shall not use any software-assisted methods or techniques or hardware devices for your participation in any of the Games. The Operator hereby reserve the right to invalidate any betting in the event of such behavior;

2.1.10. in relation to deposits and withdrawals of funds into and from your Member Account, you shall only use such credit cards and other financial instruments that are valid and lawfully belong to you.

 

2.2. The computer software, the computer graphics, the Websites and the user interface that we make available to you is owned by the Operator or its associates and protected by copyright laws. You may only use the software for your own personal, recreational uses in accordance with all rules, terms and conditions we have established and in accordance with all applicable laws, rules and regulations.

 

2.3. Games played on the Websites should be played in the same manner as games played in any other setting. This means that players should be courteous to each other and avoid rude or obscene comments.

 

2.4. The Operator reserves the right to terminate and/or, change any games or events being offered on the Website, and to refuse and/or limit bets.

 

3. YOUR MEMBER ACCOUNT

 

3.1. Registration and opening of your member account

 

3.1.1. In order for you to be able to place bets using any of the Websites, you must first register personally with SKIN Company and open an account (“Member Account”).

 

3.1.2. You are allowed to have only one Member Account. If you attempt to open more than one Member Account, all accounts you try to open may be blocked or closed and any bets may be voided.

3.1.3. You must enter all mandatory information requested into your registration form, in particular, your identity, your address and contact details, including a valid e-mail address, your place of residence, phone number, date of birth, relevant payment information; all of which must be true and correct. It is your sole responsibility to ensure that the information you provide is true, complete and correct. You are hereby notified that verification procedures are carried out and that your Member Account may be blocked for access or closed if you are found to supply false or misleading information.

 

3.1.4. If you notice that you have more than one registered Member Account you must notify SKIN Company immediately. Failure to do so may lead to your Member account being blocked for access.

 

3.1.5. As part of the registration process, you will have to choose your username and password for your login into the Website(s). It is your sole and exclusive responsibility to ensure that your login details are kept securely. You must not disclose your login details to anyone. SKIN Company or the Operator is not responsible for any abuse or misuse of your Member Account by third parties due to your disclosure, whether intentional or accidental, whether active or passive, of your login details to any third party.

3.1.6. You are not allowed to transfer funds from your Account to other players or to receive money from other players into your Account, or to transfer, sell and/or acquire, user accounts.

3.1.7. The Operator reserves the right to refuse or close a Member Account at its sole discretion but any contractual obligations already made shall be honored accordingly.

3.1.8. The Operator reserves the right to declare a wager void, partially or in full, if at its own discretion, deems it obvious that there was an error, mistake, misprint, technical error, on the pay-table, odds or software.

 

3.2. Deposits into your Member Account

 

3.2.1. You may participate in any Game only if you have sufficient funds on your Member Account for such participation. We shall not give you any credit whatsoever for participation in any Game.

3.2.2. We may charge assigned fees for processing deposits. Please see the Website for the current fee structure. From time to time, we may assign minimum deposit levels and maximum deposit levels as specified on the Websites [insert link]

3.2.3. To deposit funds into your Member Account, you can use any of the methods specified on the relevant pages of the Websites, as may be amended from time to time. Details in respect to the timings for withdrawals in respect to the method utilized are available on the relevant pages of the Websites, as may be amended from time to time.

3.2.4. The Operator reserve the right to use additional procedures and means to verify your identity when effecting deposits into your Member Account.

3.2.5. Once the transaction has been made, the money will be drawn from your account and assigned credit card instantly.

 

3.3. Withdrawals

 

3.3.1. Withdrawals will be made to your bank account or other withdrawal methods available from ‘the Website’. Assigned fees may be charged for processing such withdrawals. Please see our Website for the current fee structure. You will be credited back using the same method as you have previously deposited with, when possible. [insert link]

3.3.2. If due to a mistaken your Member Account will be credited with winnings that do not belong to you, whether due to a technical, error in the pay-tables, or human error or otherwise, the amount will remain property of the Operator and the amount will be deducted from your Member Account. If you have withdrawn funds that do not belong to you prior to the Operator becoming aware of the error, the mistakenly paid amount will (without prejudice to other remedies and actions that may be available at law) constitute a debt owed by you to the Operator. In the event of an incorrect crediting, you are obliged to notify SKIN Company immediately by email.

3.3.3. The Operator’s payment manager will carry out additional verification procedures for any payout exceeding the equivalent of €1000 or cumulative withdrawals exceeding €2300, and further reserves the right to carry out such verification procedures in case of lower payouts. Such verifications may for example include copies of a member’s passport and/or copies of a member’s utility bills. Account Holders who wish to recover funds held in a closed, locked or excluded account, are advised to contact Customer Support.

3.3.4. All transactions shall be checked in order to prevent money laundering. The Operator shall report any suspicious transaction to the relevant competent authorities in Malta. If the Member becomes aware of any suspicious activity relating to any of the Games of the Website, he must report this to SKIN Company immediately. The Operator may suspend, block or close a Member Account and withhold funds if requested to do so in accordance with the Prevention of Money Laundering Act. Enhanced due diligence may be done in respect of withdrawals of funds not used for wagering.

 

3.4. Dormant Member Accounts

 

3.4.1. If your Member Account has been dormant for thirty months, the balance on your Member Account shall be remitted to you or, if you cannot be located, to the Lotteries and Gaming Authority in Malta

3.4.2. Inactive Account means a Member Account which has not recorded any log in or log out for a period exceeding twelve (12) consecutive months. If Your Member Account is deemed to be inactive, the Operator reserves the right to charge a monthly administrative fee of EUR 5 or the equivalent in another currency (or the current balance of your Member Account, if less) as long as the balance of your Member Account remains positive. You authorize the Operator to debit this fee from your Member Account on the beginning of the month following the day on which Your Member Account is deemed inactive, and on the beginning of every subsequent month that Your Member Account remains inactive. The Operator will stop deducting the fee if the account balance is zero or if the account is re-activated.

 

3.5. Please be advised that the products are consumed instantly when playing. Thus, SKIN Company and/or the Operator cannot provide returns of goods, refunds or cancellation of your service when playing. If you play a game with real money, the money will be drawn from your player account instantly.

 

3.6. If you win EURO €100,000 or more, we will divide the payout into ten installments, paid with 10 per cent every month for 10 months until the full amount is paid out.

 

3.7. You will not get any interest on outstanding amounts and you shall not treat the Operator as a financial institution.

 

3.8. If you are eligible for a bonus, that is for example a login bonus of SEK 25, NOK 25 or EUR 3 or a deposit bonus of 100% up to a certain amount, wagering requirements will apply before you are eligible to make any cash-outs of the bonus or winnings. The wagering requirements, which can vary, will be displayed when receiving the bonus. If you would like to request a withdrawal before the wagering requirements are fulfilled, the Operator will deduct the whole bonus amount as well as any winnings before approving any withdrawal. Wagering at Video Poker, roulette (any roulette), Black Jack (any Black Jack) or any other Table Game does not count in the wagering requirements. The Operator reserves the right to impose, at own discretion, geographical limitations to individual bonus schemes. Local wagering requirements may be applied. Bonuses/Freespins at SKIN Company can only be received once per household. Risk-free bets on any games do not qualify for wagering requirements.

 

3.9. Closing of Member Accounts

 

3.9.1. If you wish to close your member account, you may do so at any time, by contacting customer support in written form. The effective closure of the Account will correspond to the termination of the Terms and Conditions. In case the reason behind the closure of the Account is related to concerns about possible gambling addiction the Member shall indicate it.

4. RESPONSIBLE GAMING

 

4.1. You may at your discretion choose to exclude yourself from playing any Games on the Website. In order to block your access to the Games, you need to send an email to your local customer service at the address provided on the Website indicating the following particulars “I want to be excluded from www.Gobet33.com”.

 

4.2. When setting up your Member Account You may also choose to set a limit on the amount You may wager within a specified period of time, or on the losses You may incur within a specified period of time. You may change or revoke the limit or exclusion by written notice or electronic notice given to Mr Green. A notice increasing or revoking a limit or decreasing the exclusion has effect only after seven days after Mr Green has received the notice. If funds are not withdrawn before the setting up of an exclusion period, You are advised to contact customer care to recover your funds.

 

5. PRIVACY POLICY

 

5.1. You hereby acknowledge and accept that it is necessary for the Operator and SKIN Company to collect and otherwise use your personal data in order to allow you access and use of the Websites and in order to allow you to participate in Games.

 

5.2. The Operator hereby acknowledges that in collecting your personal details as stated in the previous provision, we are bound by the Data Protection Act, Chapter 440 of the Laws of Malta. The Operator will protect your personal information and respect your privacy in accordance with best business practices and applicable laws.

 

5.3. The Operator and SKIN Company will use your personal data to allow you to participate in the Games and to carry out operations relevant to your participation in the Games. The Operator and SKIN Company may also use your personal data to inform you of changes, new services and promotions that we think you may find interesting. If you do not wish to receive such direct marketing data, you may opt out of such service (please refer to your browser instructions as to how to do this).

 

5.4. Your personal data will not be disclosed to third parties, unless such disclosure is necessary for the processing of your requests in relation to your participation in the Games or unless it is required by law. As the Operator’s business partners or suppliers or service providers may be responsible for certain parts of the overall functioning or operation of the Website, personal data may be disclosed to them. Employees of the Operator, in specific Customer support, the payment team and other employees shall also have access to your personal data for the purpose of executing their duties and providing you with assistance and the Service. You hereby consent to such disclosures.

 

5.5. The Operator shall keep all information provided as personal data. You have the right to access personal data held by the Operator about you. No data shall be destroyed unless required by law, or unless the information held is no longer required to be kept for the purpose of the relationship.

 

5.6. In order to provide you with an efficient service, We and/or our service providers may require transferring your personal data from one country to another in the EU and EFTA regions.

 

5.7. In the processing of your Account and associated transactions, We may have recourse to credit rating agencies, fraud detection agencies, anti-money laundering agencies. These agencies may keep a record of your information. You hereby consent to such disclosures.

 

5.8. In order to make your visit to the Websites more user-friendly, to keep track of visits to the Websites and to improve the service, We collect a small piece of information sent from your browser, called a cookie. You can, if you wish, turn off the collection of cookies (please refer to your browser instructions as to how to do this). You must note, however, that turning off cookies may restrict your use of the Websites.

 

6. SETTING UP LIMITS

 

6.1. Login to your account and click on [provide link] where you can set-up limits of play in respect of maximum stakes and maximum deposits and session time. Please contact the support should you have any questions.

7. COMPLAINTS

 

7.1. If you have a complaint to make regarding our services, you may email your local customer service at the address provided on http://www.gobet33.com or on [insert email address].

 

7.2. SKIN Company will use best efforts to resolve a reported matter promptly.

 

7.3. If, for some reason, you are not satisfied with the resolution of your complaint, you may report a complaint to the Malta Lotteries and Gaming Authority: Address: Suite 1, Level 3, TG Complex Brewery Street, Mriehel Birkirkara BKR3000, Malta Telephone Number: +356 21316590/1/3/4; +356 25469000 Email: complaints@lga.org.mt

 

8. MISCARRIED AND ABORTED GAMES

 

8.1. We are not liable for any downtime, server disruptions, lagging, or any technical or political disturbance to the game play. Refunds may be given solely at the discretion of the management.

 

8.2. We shall accept no liability for any damages or losses which are deemed or alleged to have arisen out of or in connection with website or its content; including without limitation, delays or interruptions in operation or transmission, loss or corruption of data, communication or lines failure, any person's misuse of the site or its content or any errors or omissions in content.

 

8.3. In the event of a Casino system malfunction all wagers are void.

 

8.4. In the event a game is started but miscarries because of a failure of the system, We shall refund the amount wagered in the game to the User by crediting it to the User’s Account or, if the account no longer exists, by paying it to the User in an approved manner; and if the User has an accrued credit at the time the game miscarried, credit to the User’s Account the monetary value of the credit or, if the account no longer exists, pay it to the User in an approved manner.

 

9. LIMITATION OF LIABILITY

 

9.1. You enter the Website and participate in the Games at your own risk. The Websites and the Games are provided without any warranty whatsoever, whether express or implied.

 

9.2. Without prejudice to the generality of the preceding provision, we, our directors, employees, partners, service providers

 

9.2.1. do not warrant that the software, Games and the Websites are fit for their purpose;

9.2.2. do not warrant that the software, Games and the Websites are free from errors;

9.2.3. do not warrant that the software, Games and the Websites will be accessible without interruptions;

9.2.4. shall not be liable for any loss, costs, expenses or damages, whether direct, indirect, special, consequential, incidental or otherwise, arising in relation to your use of the Websites or your participation in the Games.

 

9.3. You understand and acknowledge that, if there is a malfunction in a Game or its interoperability, any bets made during such malfunctioning shall be void. Funds obtained from a malfunctioning Game shall be considered void, as well as any subsequent game rounds with said funds, regardless of what Games are played using such funds.

 

9.4. You hereby agree to fully indemnify and hold harmless us, our directors, employees, partners, and service providers for any cost, expense, loss, damages, claims and liabilities howsoever caused that may arise in relation to your use of the Website or participation in the Games.

9.5. To the extent permitted by law, our maximum liability arising out of or in connection with your use of the Websites, regardless of the cause of actions (whether in contract, tort, breach of warranty or otherwise), will not exceed €100.

10. BREACHES, PENALTIES AND TERMINATION

 

10.1. If you breach any provision of these Terms and Conditions or we have a reasonable ground to suspect that you have breached them, we reserve the right to not open, to suspend, or to close your Member Account, or withhold payment of your winnings and apply such funds on account of any damages due by you.

11. SEVERABILITY

 

11.1. If any provision of these Terms and Conditions is held to be illegal or unenforceable, such provision shall be severed from these Terms and Conditions and all other provisions shall remain in force unaffected by such severance.

12. ASSIGNMENT

 

12.1. We reserve the right to assign or otherwise lawfully transfer this agreement. You shall not assign or otherwise transfer this agreement.

13. ENTIRE AGREEMENT

 

13.1. These Terms and Conditions constitute the entire agreement between SKIN Company, the Operator and you with respect to the Websites and, save in the case of fraud, supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between You and Us with respect to the Websites.

14. APPLICABLE LAW AND JURISDICTION

 

14.1. These Terms and Conditions shall be governed by the Laws of Malta.

 

14.2. The parties agree that any dispute, controversy or claim arising out of or in connection with these Terms and Conditions, or the breach, termination or invalidity thereof, shall be submitted to the exclusive jurisdiction of the Maltese courts.