GENTING ALDERNEY LIMITED END-USER AGREEMENT - Version 2.3 dated 2nd June 2010
In order to register with us you will need to accept the Agreement below during the registration process. The Agreement is also shown here so that once you have registered you will be able to check for any changes to the terms of the Agreement.
This is a legally binding agreement between Genting Alderney Limited (Hereinafter referred to as “GA”) trading under the brand name of Genting Casino and you (hereinafter referred to as “Agreement”). Please read this Agreement carefully and make sure you fully understand its contents. If you have any doubts about the rights and obligations resulting from this Agreement, consultation with an appropriate lawyer in your jurisdiction is advised.
By clicking the “I Agree” button below You acknowledge that You have read and agree to be bound by the terms and conditions of this Agreement, laid out at www.gentingcasino.com/terms-and-conditions and Our Privacy Policy laid out at www.gentingcasino.com/privacy. Also, by clicking the “I Agree” button below, You agree to enter into this Agreement via electronic means and waive any rights or requirements under the Applicable Laws, or regulations in any jurisdiction, which require a signature.
If You do not agree with any of the terms of this Agreement, do not click the “I Agree” button and do not continue to download, install or otherwise use the Software.
1. DEFINITIONS
The following words and terms, when used with this Agreement, shall have the following meanings, unless the context clearly indicates otherwise.
Applicable Laws
Any laws and associated regulations relating to the access, use, advertisement and promotion of online gambling including the making of deposits and receipt of payments from the Online Casino or Poker Room and/or associated websites that are applicable to You in the country where You are present and if different, from which such activities are conducted or otherwise which is applicable to You and / or the conduct of the gambling and associated activities;
Deposits
Any funds deposited by You to your Player Account either directly or indirectly via a Payment Method;
Online Casino
GA’s internet gaming system on the Website and related services and gaming activities as offered and listed at www.gentingcasino.com including but not limited to, online casino and/or any other games, where applicable;
Payment Method
A payment system provided by a third party
Player Account
A personal account opened by an individual and maintained with GA to enable that person to play games on the Online Casino and /or Poker Room;
Poker Room
The poker room and / or any other poker activities offered by Us on the Website and any downloadable version as listed at www.gentingcasino.com
Software
The software licensed to GA including any program or data file or any other content derived there from, that is required to be downloaded, accessed, installed or otherwise utilized by You from the Website enabling You to participate in the Online Casino or Poker Room;
Username and Password
The username chosen by You on registration with the Online Casino or Poker Room and the password allocated to You by Us;
Us/We/Our
GA / GA’s;
Website
http://www.gentingcasino.com and / or www.gentingcasino.com. and any related sites accessible via links from http://www.gentingcasino.com or www.gentingcasino.com or other access method from http://www.gentingcasino.com or www.gentingcasino.com.
Withdrawal
Any transfer of funds from your Player Account to You either directly or through a Payment Method provider.
You
The party other than GA entering into this Agreement to use the Online Casino or Poker Room Software downloaded from the Website.
Systems Malfunction
A Systems Malfunction means when the Online Casino, Website or Poker Room network system malfunctions and gives erroneous results due to software or network control breakdowns or other unforeseen reasons which may or may be outside the control of GA or the Software provider; including systems malfunction caused by malicious (internet) attacks on the Online Casino, Website or Poker Room network by third parties including but not limited to attempts to overload the systems or the introduction of a virus to the systems or any other means.
2. SUBJECT MATTER OF AGREEMENT
This Agreement covers the arrangements between You and Us in relation to your use of the Online Casino and / or Poker Room either for playing play-for-real or play-for-fun games including but not limited to rules describing how to play poker tournaments.
3. LEGAL REQUIREMENTS
GA is a company incorporated under the Laws of Alderney. GA is regulated for the purpose of owning and operating an online casino with websites at www.gentingcasino.com and www.gentingcasino.com. The casino games (www.gentingcasino.com) are conducted under a full eGambling Licence issued by the Alderney Gambling Control Commission under Section 15 of the Alderney Gambling Ordinance, 2006. Please be advised however that when playing poker on the iPoker Network via www.gentingcasino.com, the system is operated by Game Park Limited and is licensed by the Kahnawake Gaming Commission.
3.1 GA is a limited company registered in Alderney. Its registered office is at Millenium House, Ollivier Street, St Anne, Alderney GY9 3TD. GA is a wholly-owned subsidiary of Genting Singapore Plc. GA is licensed to conduct online casino games under an online Gambling Licence issued by the Alderney Gambling Control Commission. All bets placed through this site are placed with GA.
3.2 You can only use the Online Casino and / or Poker Room and/or the Website if You are the legal age as determined by the Applicable Laws.
3.3 You cannot use the Online Casino or Poker Room and/or the Website if You are under 18 years of age in any circumstances. GA reserves the right to suspend your Player Account until satisfactory proof of age and identity is provided.
3.4 Some legal jurisdictions have not addressed the legality of online gambling and others have specifically made online gambling illegal. We make no representation or warranty with respect to the legality or otherwise of: (i) the access to and use of the Online Casino and / or Poker Room and/or the Website; and (ii) the making of Deposits to the Online Casino and / or Poker Room and receipt of any Winnings from them, under any Applicable Laws.
3.5 We do not intend that anyone should use the Online Casino and / or Poker Room and/or the Website where such use is illegal. The availability of the Online Casino and / or Poker Room and/or the Website does not construe an offer or invitation by us to use the Online Casino and / or Poker Room in any country in which such use is illegal. Use of the Online Casino and / or Poker Room is void wherever prohibited by any Applicable Laws. Any winnings from such illegal use of the Online Casino and / or Poker Room will be void.
3.6 You accept sole responsibility for determining whether your use of the Online Casino and / or Poker Room is legal under any Applicable Laws. If in doubt, consultation with an appropriate lawyer is advised.
3.7 We reserve the right to inform the other online casino operators, service providers, banks or financial institutions, credit card companies, payment systems providers and relevant authorities of your identity and of any suspected unlawful, fraudulent or improper activity and You shall extend your full cooperation in the investigations of such matters.
3.8 You are entitled to exclude yourself from gambling in the Online Casino and Poker Room. Self exclusion lasts for a minimum of six months and means that your Player Account will be deactivated and You are not permitted to create a new account during that time. When self exclusion is implemented We will refund the balance in your Player Account to You. Please send requests and enquires about self exclusion to support@gentingcasino.com.
4. LICENCE TO USE SOFTWARE
4.1 We hereby grant to You a personal, non-exclusive, non-transferable right to use the Software, for playing in the Online Casino and / or Poker Room, in accordance with the following provisions:
4.1.1 The licence to use only applies to the object code of the Software which has been compiled and/or assembled into a machine executable code and does not grant You any rights whatsoever with respect to the source code of the Software.
4.1.2 This licence is not applicable to certain excluded jurisdictions (which include but not limited to the United States of America, Israel, Antigua and Barbuda, Switzerland, Netherlands Antilles, The Netherlands, Estonia, Cyprus, Bulgaria, Hong Kong, the Philippines, Belarus, Germany, Italy, Australia, Singapore, China, Taiwan, Malaysia, Turkey, Palestine, France, South Africa and any other jurisdictions where internet gaming is prohibited by law) in which You should not be present when accessing and/or using the Software including but not limited to the making of Deposits or receiving of any Withdrawal. Any use of the Website and associated services is at Your sole option, discretion and risk. It is Your responsibility to determine the Applicable Laws to ensure that You will be acting legally in using the Website and associated services.
4.1.3 You are not permitted to or to assist others to:
a) install or load the Software onto a server or other networked device or take other steps to make the Software available to any person via any form of network, “bulletin board”, online service or remote dial-in or any other services such as application service provider services, internet services, time-sharing services, outsourcing services, bureau services or other similar services;
b) sub-license, assign, rent, lease, loan, transfer or copy (except as expressly provided elsewhere in this Agreement), your licence to use the Software or make or distribute copies of the Software;
c) modify, create derivative works based on, or otherwise modify, or (in each case except where and to the extent expressly permitted by law) translate, reverse engineer, decompile or disassemble, the Software;
d) copy or translate any user documentation provided 'online' or in electronic format;
e) enter, access or attempt to enter or access or otherwise bypass Our security system or interfere in any way (including but not limited to, by use of robots and similar devices) with the Online Casino and / or the Poker Room or the Website or attempt to make any changes to the Software and/or any features or components thereof.
4.2 You agree that You do not own the Software. The Software is owned and is the exclusive property of the licensor, a third party software provider company (the "Software Provider"), or the Software Provider's licensors. You acknowledge that the Software includes certain open source software, public source software, shareware and/or freeware ("Open Source Software"). The Software and accompanying documentation which have been licensed to Us are protected throughout the world by copyright law and (other than the Open Source Software) are proprietary products of the Software Provider. Your use of the Software does not give You ownership of any intellectual property rights in the Software. This Agreement only grants a licence to use the Software on the terms of this Agreement.
4.3 Any trademarks, service marks and/or trade names used by Us on the Website from time to time (the “Trade Marks”) and Website content such as, but not limited to images, pictures, graphics, photographs, animations, videos, music, audio, text (the “Site Content”) belongs to Us or Our affiliates or licensors. The Trade Marks and Site Content are protected by copyright and/or other relevant intellectual property laws and regulations. You hereby acknowledge that You obtain no rights whatsoever in or to use the Trade Marks or the Site Content unless written permission signed by an authorised representative of GA is granted by Us.
4.4 The Software is provided “as is” and, to the maximum extent permitted by law, without any warranties, conditions, undertakings or representations, express or implied, statutory or otherwise. GA and the Software Provider as well as Our and their respective affiliates and related parties hereby exclude, to the maximum extent permitted by law, all implied terms, conditions and warranties (including without limitation any warranty of merchantability, satisfactory quality and/or fitness for any particular purpose). Neither we nor the Software Provider warrants that the Software will meet your requirements.
4.5 Further, We and the Software Provider as well as Our and their respective affiliates and related parties do not warrant or guarantee that the Software will be non-infringing or that the operation of the Software will be error-free or uninterrupted or that any defects in the Software will be corrected, or that the Software is virus-free or that use by You of the Software with any inappropriate software or inappropriate hardware will not cause any disturbance to the Software or such other software or hardware.
4.6 In the event of communications or system errors occurring in connection with the settlement of accounts or other features or components of the Software neither We nor the Software Provider nor Our or their respective affiliates or related parties will be liable to You or to any third party for any costs, expenses, losses or claims arising as a result of such errors. We further reserve the right, (but are not obliged to do so), in the event of such errors to remove and/or suspend all relevant games from the Software and the Website and to take any other action We consider necessary to correct such errors.
4.7 The Software may include confidential information which is secret and valuable to the Software Provider and/or Us. You are not entitled to disclose that confidential information or to use it other than strictly in accordance with the terms of this Agreement.
5 SHARED POKER ROOM NETWORK
5.1 We participate in a shared poker room network which enables you to play poker together with other players from other poker room websites all joining the same game or the table or the tournament through a shared poker room platform managed by a third party provide of poker network services.
5.2 You therefore agree that once you join a shared poker room you will accept and will comply with the rules and the terms and conditions that apply on the shared poker room including any of its games, tables, tournaments.
5.3 You acknowledge and agree that We and/or the operator of the shared poker network, at our both sole discretion, reserve the right to terminate your game or block your account as well as deny You from accessing the shared poker network, either from the Website or from any other websites thereafter, in the event that You violate any of the game rules or any of the terms of this Agreement.
5.4 You further acknowledge and accept that We and/or the operator of the shared poker network, reserve the right, both at our sole discretion, to collect, process and record both in our databases any information in connection with your game patterns, personal data, depositing of funds and any other related information and inquiries that will help prevent any fraud, collusion or alike improper behaviour.
6. SECURITY
6.1 We only allow access to games on the Online Casino or Poker Room through secured networks using encryption of the User name and Password. You cannot play games on the Online Casino or Poker Room without passing Our customer security login.
6.2 You may not use the Online Casino or Poker Room for any commercial use or on behalf of another person. Any use of the Online Casino or Poker Room by You is for your own private purposes only.
6.3 You may only have one Player Account, for which You must register using your own, correct name and each Player Account shall only have one personal single account-holder with one domestic household address.
6.4 You must keep your Username and Password confidential and must not disclose them to anybody. You are responsible for all transactions conducted in relation to your Player Account using your Password. Every person who identifies him/herself by entering your correct Username and Password is assumed by us to be You and all transactions where the Username and Password have been entered correctly will be regarded as valid. We will neither be responsible for any unauthorised access to your Player Account nor liable for any losses incurred thereof.
6.5 You may not use anyone else’s user name or password, and You must not use any other person's Player Account or means of payment to access the Online Casino or Poker Room or the Website or the Software.
6.6 We are using advanced methods for the encryption of the Username and Password information, and any other sensitive information transferred to and from the client application and Our servers, thus securing the player and us against manipulation attempts by a third party. You must not break in, access or attempt to break in or access or otherwise by-pass Our security. If We have a suspicion that You have attempted to or may be attempting to break in, access or otherwise by-pass Our security or the Software, We will be entitled to terminate with immediate effect your access to the Online Casino and / or Poker Room and/or have your account blocked, and We reserve the right to inform the applicable authorities.
6.7 We will only use your personal information in accordance with Our Privacy Policy, which is set out in full at www.gentingcasino.com/privacy. We reserve the right to amend the Privacy Policy at any time. However, We reserve the right to ask You to provide us with additional details and any such additional information will be kept confidential.
6.8 You agree that We have the right to disclose information to the relevant authorities (such as courts, an arm of the state, law enforcement agencies, or a regulatory body) when required by the authorities. Such authorities may include but are not limited to bodies or authorities whose purpose is to investigate money laundering, fraud and other criminal activity. Further, We shall be entitled to disclose information pursuant to clause 3.7 above.
6.9 If you attempt to or collude with any other player while using the Poker Room You will be prohibited from ever using the Poker Room or the Website or the Software or any of Our other related services and your Player Account will be terminated effective immediately. We will do our best to investigate complaints received against players suspected of collusion. If we suspect collusive behaviour during a game, we may, in our sole discretion, terminate the suspected players' access to the Poker Room and/or block their accounts. We will not be liable under any circumstances whatsoever for any loss You or any other player may accrue as a result of the collusive or otherwise unlawful activity and We will not be further obliged to take any other actions in any event of suspected of collusion, fraudulent or fraud. For the purposes of this sub-clause collusion means a situation where two or more players attempt to earn an unfair advantage by sharing knowledge of their cards or other information at a poker table.
7. YOUR RESPONSIBILITIES
7.1 It is Your responsibility to ensure that obtaining access to and the use of the Online Casino and /or Poker Room by You, and the making of Deposits to the Online Casino or Poker Room and the receipt of Winnings from them, are permitted under any Applicable Laws.
7.2 It is your responsibility to ensure that You understand the rules and procedures of the games in the Online Casino and / or Poker Room before You play any such games.
7.3 You shall not assign or transfer in any way whatsoever your rights under this Agreement without Our prior written consent, which may be given at Our sole discretion.
7.4 You are fully responsible for all taxes, fees and other costs incidental to and arising from winnings resulting from your use of the Online Casino and / or Poker Room . You will indemnify and reimburse Us in respect of any costs, expenses or losses that may be incurred by Us as a result of any claim or demand made by any governmental or other authority, with regards to withholding tax obligations or similar obligations to which We may be subject in connection with your winnings and the processing of your Withdrawal requests.
7.5 It is your responsibility to inform Us of any changes to your registration details.
7.6 You shall provide Us with all information requested by Us and necessary for the operation of the Player Account, including, but not limited to, proof of identity, notarised documentation, proof of address, utility bills, bank details, bank statements and bank references. You shall provide us with any such requested documents immediately upon request and not later than within a reasonable time of response.
7.7 You acknowledge and understand that separate terms and conditions exist with respect to promotions, bonuses and special offers, and such terms and conditions are in addition to this Agreement. These terms and conditions are set forth in http://www.gentingcasino.com/casino-bonuses-promotions, or have been or will be delivered to You personally, as the case may be. In the event of a conflict between the provisions of such promotions, bonuses and special offers, and the provisions of this Agreement, the provisions of such promotions, bonuses and special offers will prevail (including such terms and conditions on restrictions on Withdrawal of bonus and cash won by bonuses being subject to qualifiers).
7.8 For the avoidance of doubt, it is clarified that any use by You of the services of a Payment Method provider will be subject to the terms and conditions of use prescribed by such Payment Method provider. This, however, will not derogate from your obligations to Us under this Agreement.
7.9 You accept that You are solely responsible for the supply and maintenance of all of the computer equipment and telecommunications networks and internet access services that You need to use in order to access the Online Casino and/ or Poker Room. We will not be liable in any way whatsoever for any loss caused to You by the internet or any telecommunication service provider which You have engaged in order to access to the Online Casino and / or Poker Room or to access the Website.
7.10 You acknowledge that Our random number generator will determine the outcome of the games played on the Online Casino and Poker Room and You accept the outcomes of all such games. You further agree that in the unlikely event of a disagreement between the result that appears on the Software and the game server, the result that appears on the game server will prevail and You acknowledge and agree that Our records will be the final authority in determining the terms and circumstances of your participation in the Online Casino and Poker Room gaming activity and the results of this participation.
7.11 You will not acts in a way that damages Our reputation or that of Our Software Provider or any other related service providers.
7.12 You will fully indemnify Us and Our officers, directors, employees, agents, contractors and suppliers (including without limitation the Software Provider) harmless from and against all and any losses, costs, expenses, claims, demands, liabilities and damages (including legal fees) however caused that may arise as a result of your (a) access or use of the Website or the Online Casino or the Poker Room or the Software by You or by anyone else using your Username and Password; or (b) breach by You of any of the terms of this Agreement.
7.13 We reserve the right to change this Agreement from time to time as set out in clause 12 below. It is your responsibility to check from time to time and see whether there is a notification of change in accordance with clause 12 below.
8. YOUR WARRANTIES AND REPRESENTATIONS
8.1 You warrant and represent that:
8.1.1 You will neither use nor attempt to access the Online Casino or the Poker Room from any of the excluded jurisdictions referred to in section 4.1.2.
8.1.2 You are acting on your own behalf;
8.1.3 You are not restricted by limited legal capacity;
8.1.4 You are not classified as a problem gambler;
8.1.5 All details which You give or have given in the process of registering with the Online Casino and / or Poker Room are accurate and that You will continue to update such details should there be any changes.
8.1.6 You are fully aware of the fact that there is a risk of losing money through the use of the Software to play games on the Online Casino and / or the Poker Room;
8.1.7 You are not depositing funds originating from criminal and/or unlawful activities;
8.1.8 You do not otherwise engage in criminal activities and/or intend to utilise the Player Account in connection with such activities. You do not use or intend to use or intend to allow any other person to use the Online Casino or Poker Room and the Player Account for any prohibited or unlawful activity, including but not limited to, fraud or money laundering, under any Applicable Laws, including without limitation the laws in your jurisdiction and the laws that apply to Us;
8.1.9 You are not colluding or attempting to collude or intending to participate, directly or indirectly, in any collusion scheme with any other player in the course of any game You play or will play on the Online Casino or Poker Room.
8.1.10 You are not under the age of either (i) 18; or (ii) the age at which gambling activities are legal under the Applicable Laws, whichever is greater.
8.1.11 The debit/credit card details supplied by You in the registration process are those of the registered account holder and the card has not been reported as lost or stolen.
8.1.12 You are not one of Our officers, directors, employees, consultants or agents or of one of Our affiliated or subsidiary companies, or suppliers or vendors, and You are not any of their relatives as well (for the purpose of this clause, the term “relative” means spouse, partner, parent, child or sibling). In the event that You have breached this prohibition, (among others actions that may be taken against You), You will not be entitled to any of your winnings.
8.1.13 You have not previously held a Player Account which was suspended or terminated either by Us or by any other online gaming operator, or charged back any monies via a Player Account nor do you already have a current Player Account; and
8.1.14 In opening the Player Account You will not provide any information or make any statement to Us which is untrue, false, incorrect or misleading.
8.1.15 You agree to fully pay any and all payments due to Us or any third party in connection with your use of the Poker Room. You further agree not to make any charge-backs and/or renounce or cancel or otherwise reverse any of your due payments and in any such event You will refund and compensate Us for such unpaid payments including any expenses incurred by Us in the process of collecting your payment.
9. PLAYER ACCOUNT, DEPOSITS AND WITHDRAWALS
9.1 General
9.1.1 You agree that the financial account transactions will be handled by Us directly or through a Payment Method provider or any other third party service provider.
9.1.2 Deposits and Withdrawals may be transferred from You to Us and vice versa, either directly or through a Payment Method provider chosen by You subject to clause 9.4.3 below.
9.1.3 We do not guarantee that there will not be any delay in the processing or receipt of Deposits or Withdrawals.
9.1.4 There are no set-up charges and no monthly fees for maintaining a Player Account.
9.1.5 You acknowledge and agree that your Player Account is not a bank account and is therefore not insured, guaranteed, sponsored or otherwise protected by a deposit or banking insurance system or by any other similar insurance system of any other jurisdiction, including but not limited to your local jurisdiction. Furthermore, the Player Account does not bear interest on any of the funds held in it.
9.2 Making Deposits and crediting funds to your Player Account
Once your Player Account has been opened, You will be able to credit funds to your Player Account by requesting an electronic transfer of funds using any of the means set out in the Cashier section of the Online Casino or Poker Room. Otherwise, You may make Deposits solely by any of the following payment methods :-
i) by a credit or debit card that must be in good standing and registered in your name, and which is acceptable to Us at Our sole discretion;
ii) by a payment pre-authorised by Us;
iii) through a Payment Method provider acceptable to Us;
iv) by providing Us with a valid cheque, money order or wire transfer; or
v) by such other method deemed acceptable to Us from time to time, at Our sole discretion.
9.2.1 You agree to fully pay any and all payments and charges due to Us or to Payment Providers in connection with your use of the Online Casino or Poker Room. You further agree not to make any charge-backs or renounce or cancel or otherwise reverse any of your Deposits, and in any such event You will refund and compensate Us for such unpaid Deposits including any expenses incurred by Us in the process of collecting your Deposit.
9.2.2 Each request made by You to fund your Player Account shall constitute a valid authorisation for Us or the Payment Method provider, as applicable, to transfer the amount specified in your request, by Us or from or by the Payment Method provider chosen by You, as applicable to your Player Account.
9.2.3 We will be entitled to determine minimum and maximum amounts to be deposited in a Player Account, at Our discretion.
9.2.4 We will be entitled to determine whether the funds that You have requested to be credited to your Player Account are available, upon receiving confirmation satisfactory to Us from the relevant Payment Method provider in accordance with such Payment Method provider’s approval procedures for such transactions to be reconciled, finalised, completed and cleared. Only when your Deposits are reconciled and cleared to Our satisfaction by the relevant Payment Method provider, will the Player Account be credited with the funds, unless stated otherwise.
9.2.5 You acknowledge that You may, from time to time, upon Our request, be required to provide additional details in respect of the Deposits made by You.
9.2.6 Any Deposit that is requested by You is non-reversible and non-refundable.
9.2.7 For withdrawals using the Bank Draft Express payment method, the fee for sending a cheque by courier is £25 (twenty five sterling pounds) or €35 (thirty five euro) or US$50 (fifty US dollar) depending on the currency in which the cheque is issued.
9.3 Wagering and utilizing the Player Account
9.3.1 Any wager made by You will be treated by Us as an authorisation to debit your Player Account. Provided that the balance of your Player Account at the time the wager is made is greater than or equal to the amount of the wager, we will debit your Player Account in the amount of the wager.
9.3.2 Your Player Account will immediately be credited with the amount of any winnings made by You.
9.4 Withdrawals from the Player Account
9.4.1 Subject to clauses 9.4.2 and 9.4.4 below, You may withdraw any unutilised and cleared funds held in your Player Account, by submitting a Withdrawal request in accordance with Our Withdrawal Conditions. It is your duty to access the Website and review any changes to the Withdrawal Conditions. On any Withdrawal approved by Us, and provided that You give Us sufficient information as to how the funds should be transferred to You, We will return the relevant funds to You in accordance with clause 9.4.3 (less charges incurred or any required amount from your Withdrawal in accordance to any Applicable Law).
9.4.2 You agree that We will have the right to withhold any Withdrawals, in the event that We believe or suspect that You may be engaging in or have engaged in fraudulent, collusive, unlawful or improper activity, or if We are concerned about the operation of your Player Account or the request for Withdrawal. In such cases, We may commence and/or be involved in and/or assist any investigation into such circumstances, and You agree to assist and cooperate with any such investigation.
9.4.3 We will attempt to accommodate your request regarding the Payment Method and currency of payment of your Withdrawal. This, however, cannot be guaranteed. Therefore, We may process and pay Withdrawals in a different Payment Method than the one requested by You, such as through different Payment Providers, a bank draft or wire transfer. Similarly, in certain cases, the currency of your Withdrawal may not be the currency in which your deposit was made or that was otherwise requested by You.
9.4.4 We will pay jackpot winnings into your Player Account within 15 working days of your win.
9.5 Closing of a Player Account
You may close your Player Account at any time by contacting the Online Casino’s customer service, provided that your Player Account is not and is not expected to become in deficit pursuant to any liabilities incurred through your gaming activities on the Online Casino. On closing your player Account, We will return the balance to You in accordance with the rest of the provisions of this clause 9.
9.6 Customer Deposit Trust Account
Notwithstanding that a Customer Deposit Trust Account has been created to segregate Deposits received from the players via the various Payment Methods, the Deposits may not be protected in the event of GA entering into administration. Deposits are first maintained as part of the float in the various Payment Methods. From time to time (normally once a week), any excess funds held in the float are transferred from the respective Payment Methods to the Customer Deposit Trust Account. Sufficient funds are maintained in the Payment Method float as well as the Customer Deposit Trust Account to ensure that GA is able to meet Withdrawals. Deposits are segregated from GA’s corporate fund accounts and Deposits are only transferred from the Customer Deposit Trust Account to the corporate fund accounts when the aggregated balances in the various Payment Method’s float and Customer Deposit Trust Account are more than the aggregate of the players’ outstanding balances in Player Accounts. The amount transferred is limited to an amount such that there are always sufficient funds in the various Payment Methods and the Customer Deposit Trust Account to meet the players’ Withdrawals in the event that they withdraw all of their funds from their Player Accounts. Internal Controls are put in place to ensure the Deposits are properly accounted for including monthly reconciliations between the total of Payment Methods and the total of all the individual Player Account balances as well as independent review of the operation of the Payment Methods by both internal and external auditors. There are no set off arrangements in place in relation to the operation of the Payment Methods, Customer Deposit Trust Account and the Players’ Accounts. Further, the Customer Deposit Trust Account has not been used as security for any liabilities of the company.
10. OUR RIGHTS
10.1 We reserve, at Our sole discretion, the right to :
10.1.1 refuse to register any applicant for registration on the Website or the Online Casino;
10.1.2 refuse to accept any wager on the Online Casino; and
10.1.3 change, suspend, remove, modify or add any game or tournament on the Online Casino.
10.1.4 immediately terminate your Player Account if We believe or suspect that You are accessing the Online Casino or Poker Room from a country or jurisdiction where such use is or might be illegal.
10.1.5 We will be entitled to make inquiries related to You, including credit checks, with third party credit and financial institutions, in accordance with the information You have provided to Us.
10.1.6 In the event of any dispute regarding a Wager or Winnings, Our decision will be final and binding (subject to clause 15.3 below).
10.2 We are entitled to withhold any pay-out or Winning amount until the identity of the winning person is verified to Our satisfaction, in order to ensure that payment of any Winnings is being made to the correct person. For this purpose, We are further entitled, at Our sole discretion, to require that You provide Us with a notarised ID or any equivalent certified ID according to the Applicable Law or otherwise.
10.3 We may at any time disclose certain personal information of yours to third parties in accordance with Our Privacy Policy and clause 3.7 above.
10.4 In the event that We suspect fraud or fraudulent activity on your part or if any of your payments are charged back, and in the event of suspected card counting in any of the live games, We will have the right to withhold any amount from your account which is in excess of your original Deposit, and if deemed necessary by Us, to initiate any legal proceedings to collect any payments owed by You.
10.5 Notwithstanding anything stated or implied to the contrary in this Agreement, We may at any time, without prior notice to You and without derogating from Our other rights under this Agreement, terminate your use of the Online Casino or Poker Room and block your Player Account if We suspect or believe that You are in breach of any of the terms and conditions of this Agreement; or that You may be engaging in or have engaged in fraudulent, unlawful, or improper activity, including without limitation any violation of any applicable terms and conditions, money laundering or collusion with another Player Account holder; or that You are otherwise acting unlawfully or if You become bankrupt or similar proceedings occur anywhere in the world; or if You have not accessed your Player Account for 1 year or longer. Notwithstanding anything stated or implied to the contrary of this Agreement, We will not be under any obligation in any such circumstances to refund or otherwise reimburse You for any of the funds in your Player Account.
10.6 We have the right to withhold or otherwise decline or reverse any pay-out or winnings or amend any policy in the event that We suspect You are abusing or attempting to abuse any of the following : (i) bonuses; (ii) other promotions; or (iii) specific policy or rules determined in respect of an existing game or a new game. For the avoidance of doubt, We may determine that such an abuse has taken place if your activity in Our Online Casino or Poker Room, by itself, is not abusive, but your activities in other online casinos in addition to Our Online Casino or Poker Room, taken as a whole, constitute such abuse of Our bonuses, promotions, policies or rules.
10.7 We may, at any time, set off any positive balances on your Player Account against any amount owed by You to Us.
10.8 All forfeited or abandoned account balances in your Player Account will be donated to one or more approved (by the Alderney Gambling Control Commission) registered charities unless we are required to do otherwise by a court or a regulatory authority.
10.8 We may transfer, assign, sublicense or pledge this Agreement, in whole or in part, to any person or entity without notice, and You will be deemed to have given your consent to any such assignment.
11. LIMITATION OF LIABILITY
11.1 You hereby acknowledge that We do not control or have responsibility for the use that You make of the Software. Loading and using the Software and accessing and using the
Online Casino and / or Poker Room by You is done at your own risk. Neither GA nor the Software Provider nor any of Our affiliates and related parties, shall have any liability whatsoever of any kind in connection with such use.
11.2 In no event shall GA or the Software Provider, or any of Our affiliates and related parties, be liable to You for any direct, consequential, indirect, incidental or special damage or loss of any kind, including without limitation loss of business, profits, revenue, contracts or anticipated savings, or loss or damage arising from loss, damage or corruption of any data, whether or not the possibility of such loss or damage has been notified to Us ahead of time.
11.3 Without derogating from the generality of clauses 11.1 and 11.2 above and from any other liability limitation provision in this Agreement, neither GA nor the Software Provider, nor any of Our affiliates and related parties, will be liable for any loss, costs or damages (howsoever arising) deemed or alleged to have resulted from or caused by any of the following :
11.3.1 any error made due to the input of incorrect information by You;
11.3.2 any fraud, deception or misrepresentation by You;
11.3.3 Our decision not to accept a Deposit from You;
11.3.4 any delay in receiving or accepting a Deposit by Us or withholding a Withdrawal by Us for the purpose of conducting identity verification procedures;
11.3.5 use of your Player Account for purposes that are or may be considered illegal under Applicable Laws;
11.3.6 any transactions on your Player Account which are conducted after the correct entry of your Username and Password;
11.3.7 any unauthorized interception or use of data relating to You or your Player Account;
11.3.8 any inability to use or access the Website for any reason;
11.3.9 any actions or transactions by an individual that uses your Username and Password;
11.3.10 any cause over which We do not have direct control, including problems attributable to computer hardware or software (including computer viruses and including the Software), data transmission systems, telephone or other communications, or internet service providers.
11.3.11 the loss of any transactions caused by the loss or malfunction of any communications device used by You or any entity relaying information between You, Us, or any other Payment Method provider or payment solution company.
11.3.12 any undelivered e-mail communications.
11.3.13 the quality or availability (or lack of) of the Website or the Online Casino; or
11.3.14 any results of any acts of government or authority or any force majeure event.
11.4 You hereby acknowledge that for any systems malfunctions that affects the result of a bet or bets, all the bet(s) affected by the systems malfunction are to be void and the results are rolled back to the prior state just before the Online Casino or the Poker Room or the Website is subject to a systems malfunction.
12. CHANGES TO THIS AGREEMENT OR THE PRIVACY POLICY
12.1 We may, at Our sole discretion, make changes to this Agreement or the Website’s terms or the games rules on the Online Casino or Poker Room or Privacy Policy at any time.
12.2 Any changes will take effect from the date on which they are included in this Agreement or in one of the other documents listed in 12.1 above) unless another date is specified. It is important, therefore, that You log in to the Website from time to time and check to see whether there is an updated version by looking at version number and the date of the relevant document. You are solely responsible for reading and understanding of such updated versions and changes.
12.3 if You continue to use the Website or the Online Casino or Poker Room after We have updated the changes, You agree to be bound by those changes whether or not You have had actual notice of, or have read, the relevant changes. If You do not agree to be bound by relevant changes, You should not continue to use the Website or the Online Casino or Poker Room any further.
13. TERM
This Agreement is effective from the moment of acceptance by clicking on the “I Agree” button, and shall remain in force indefinitely unless terminated in accordance with the terms of this Agreement. For the avoidance of doubt it is agreed that You are bound by this Agreement if You use the Online Casino or Poker Room or the Website or the Software in any way, including, but not limited to, initiating or making a Deposit through your Account or submitting your deposit details to Us.
14. GOVERNING LAW
The construction, validity and performance of this Agreement will be governed by the laws of Alderney.
You irrevocably agree to submit, to the exclusive jurisdiction of the courts of Alderney for settlement of any disputes or matters arising out of or concerning this Agreement save to the extent that disputes and matters arising out of the use of the Poker Room are subject to the jurisdiction of the Mohawk Territory of Kahnawake Canada. However, this shall not prevent Us from bringing any action in the court of any other jurisdiction including but not limited to action for injunctive or similar relief, where appropriate. The English language version of this Agreement will prevail over any other language version issued by Us.
The illegality, invalidity or enforceability of any provision of this Agreement will not affect the legality, validity or enforceability of the remaining provisions of this Agreement.
15. NOTICES / COMPLAINTS
15.1 You agree to receive communications from Us in an electronic form. Electronic communications may be posted on the pages of the Website and/or the messages/help files of your client application, and/or delivered to your e-mail address. All communications in either electronic or paper format will be considered to be in "writing" and to have been received no later than five business days after posting or dissemination, whether or not You have received or retrieved the Communication. We reserve the right, but have no obligation, to provide communications in paper format.
15.2 Any notices / complaints required to be given in writing to Us or any questions concerning this Agreement should be addressed to support@gentingcasino.com as appropriate.
15.3 In the event You have any complaints, claims or disputes You should in the first instance contact Us (support@gentingcasino.com). However if You are not satisfied with the outcome You may contact the Alderney Gambling Control Commission at St Anne's House, Queen Elizabeth II Street, Alderney, Channel Islands GY9 3TB. Tel: + 44 (0)1481 825500, Fax : +44(0)1481 823978, email: info@agcc.gg. Website: http://www.gamblingcontrol.org/.
15.4 In the event You have any complaints, claims or disputes relating to the Poker Room which are subject to the jurisdiction of Kahnawake You should in the first instance contact Us (support@gentingcasino.com). However if You are not satisfied with the outcome, You may contact the Kahnawake Gaming Commission at P.O. Box 1799, Old Malone Highway, Kahnawake Mohawk Territory, QC J0L 1B0, Canada, Fax:+1 450 635 1139 email: kgc@mck.ca, Website: http://www.kahnawake.com/gamingcommission/.
