1 SME S.R.L. , BINDING TERMS, CHANGING THE TERMS AND CONDITIONS
1.1 These Terms and Conditions apply to the usage of the games, the related enabling internet, mobile or other platforms through the website www.casino29.com ("Website") and other related URLs.
1.2 The Website platform is operated by SME S.R.L. (“the Operator”), a company incorporated in Costa Rica, having its registered office at Curridabat City, San Jose. The Operator operates under license granted by the Government of Costa Rica.
1.3 By using any section of the Website, or by opening an account on the Website, you agree to be bound by: these Terms and Conditions, the Privacy Policy, and by any game rules, any terms and conditions of promotions, bonuses and special offers which may be found on the Website from time to time. All of the terms and conditions listed above shall together be referred to as "the Terms". Please read the Terms carefully before accepting them. If you do not agree to accept and be bound by the Terms please do not open an account or continue to use the Website. Your continued use of the Website constitutes acceptance of the Terms.
1.4 The Operator reserves the right to modify these Terms and, thus, to amend this agreement at any time with or without notice. The most up-to-date Terms can be accessed on the Website, and the date on which they came into force is noted. Notice of changed Terms will be made by email registered for you in your contact details or by placing a notice on the Website.
2 PLAYER IDENTITY AND ORIGIN
2.1 In order to participate in a game, you will need to register and open an account on the Website (the “Player Account”).
2.2 Please verify the laws in your jurisdiction before using the Website. You are solely responsible for ascertaining whether it is legal in your jurisdiction to play any of the games or to bet at the Website.
2.3 Your Player Account must be registered in your own, correct, name. Only one account may be opened per (i) customer, (ii) IP-address and/or (iii) household. Any other accounts, which you open with us in relation to the Website shall be “Duplicate Accounts.”
2.4 When you open your Player Account you will be asked to provide the Operator with personal information, including your name, date of birth, and appropriate contact details, including an address, telephone number and e-mail address.
2.5 When opening the Player Account you warrant that i) you are not younger than 18 (eighteen) years, or younger than the legal age required for gambling in the jurisdiction that applies to you, should it be higher than 18; ii) the details supplied by you are correct; iii) you are the rightful owner of the money in your Player Account, and iv) you participate in the games on your own behalf and not on behalf of any other person.
2.6 By agreeing to the Terms you authorize the Operator to undertake verification checks as it may require, or as it may be required by third parties (including, regulatory bodies) to confirm your identity and contact details (the “Checks”).
2.7 While the Operator is undertaking any Checks, it may restrict you from withdrawing funds from your Player Account.
2.8 In certain circumstances we may have to contact you and ask you to provide further information to us directly in order to complete the Checks. If you do not or cannot provide us with such information then we may suspend your Player Account until you have provided us with such information or permanently close the Player Account.
2.9 If we are unable to confirm that you are the legal age then we may suspend your Player Account. If you are proven to have been under that age at the time you made any gambling or gaming transactions, i) your Player Account will be closed; ii) all transactions made while you were underage, and all related funds deposited by you will be void; iii) any stakes for bets made while you were underage will be void; and iv) any winnings which you have accrued during such time will be forfeited and you will return to the Operator any such funds which you have withdrawn from your Player Account.
2.10 After opening your Player Account, you must not disclose (whether deliberately or accidentally) your username and password to anyone else. If you have lost or forgotten your Player Account details you may retrieve your password by clicking on the "Forgot your Password" link below the login portal.
3 AN ACCOUNT; RULES; DUPLICATE ACCOUNT, DORMANT ACCOUNT, NO INTEREST, TAXES ON WINNINGS
3.1 You may only open one account. Any other account, which you open with us in relation to the Website, shall be a duplicate account. Any duplicate account may be closed by us immediately and; i) all transactions made from the duplicate account will be made void; ii) all stakes and the deposits made using that duplicate account will be void; and iii) any returns, winnings or bonuses which you have gained or accrued during such time as the duplicate account was active will be forfeited and may be reclaimed by the Operator, and you will return on demand any such funds which have been withdrawn from the duplicate account.
3.2 If you wish to open another account, you may do so by contacting the support. If a new account is opened, the old account will be closed.
3.3 Your Player Account is not a bank account and is therefore not insured, guaranteed, sponsored or otherwise protected by any banking insurance system. Additionally any money deposited with us in your Player Account will not earn any interest. If a player doesn’t play between his deposit and withdrawal, the fee of 20% will be applied to the withdrawal.
3.4 The Operator is entitled to at any time set off any positive balance on your Player Account against any amount you owe to the Operator pursuant to Duplicate Accounts, Collusion, Cheating, Fraud and Criminal Activity, or errors, when settling any bets.
3.5 If your Player Account has not had any gaming transaction for 18 (eighteen) months the account will be held dormant, and the account will be closed. The dormant account will be terminated by sending a written notice (or attempted notice) using your contact details.
3.6 The Operator reserves the right to close your account and to refund to you the balance, subject to the deduction of relevant withdrawal charges, at the Operator’s absolute discretion and without any obligation to state a reason or give prior notice.
3.7 You may close your account at any time and the Operator will return to you any and all funds from your account subject to the deduction of relevant withdrawal charges. To close your account, you must first cancel any offers for stakes that you have made that remain outstanding.
3.8 You are solely responsible for reporting and accounting for any taxes applicable to you under relevant laws for any winnings that you receive from the Operator.
3.9 The use of proxies or proxy servers to manipulate IP addresses to enable play is strictly forbidden. The use of proxy servers will result in account closure and any balances or winnings will be forfeited.
4 DEPOSITS AND WITHDRAWALS, FUNDS (CASH AND BONUS)
4.1 If you wish to participate in betting or gaming using the Website, you must deposit money into your Player Account which you can then use to place bets. Deposits to and withdrawals from a Player Account may be made through various payment providers that may change from time to time. Procedures, terms, charges and other conditions vary between payment providers. The Operator does not accept cash funds.
4.2 By depositing money you agree not to make any charge-backs, reversals or otherwise cancel any deposits into the Player Account, and agree to refund and compensate us for unpaid deposits.
4.3 When using a credit or debit card for depositing funds, your funds only clear when the Operator has received an approval and authorization code. When the aggregated deposit amounts made via credit card exceeds the defined limit, the Operator will request identification documents from you.
4.4 Depending on the method selected, deposits and withdrawals can incur charges. Your bank may independently charge you for bank wire transfers and other methods of payment.
4.5 The Operator reserves the right to use additional procedures and means to verify your identity when effecting deposits into your account.
4.6 The funds in your Player Account can consist of cash funds and bonus funds. You may only withdraw funds to the extent of your cash funds. To withdraw all your cash funds, you must first cancel any stakes that you have made that remain outstanding. The remaining bonus funds will be revoked at cash withdrawal.
4.7 You may withdraw any amount from your available cash balance up to weekly limit / monthly limit set by the Operator by issuing a valid notice of withdrawal on the Website. Withdrawal demands made by telephone or by electronic mail will not be accepted.
4.8 Withdrawals can incur charges depending on the method selected. Any winnings can only be withdrawn through the method chosen by you for deposit. The fees for withdrawals vary for the different methods. In addition, your own bank may add a further handling charge.
4.9 The Operator will request identification documents on your first withdrawal and may request identification documents for all withdrawals.
4.10 Upon requesting a withdrawal of winnings exceeding Euro 1000 the Operator reserves the right to payout the requested amount incrementally up to Euro 1000 installments with one payout up to Euro 5000 per calendar month based on tier status.
4.11 Before any withdrawals are processed, your play will be reviewed for any irregular playing patterns. In the interests of fair gaming, equal, zero or low margin bets or hedge betting, shall all be considered irregular gaming for bonus play-through requirement purposes. Other examples of irregular play for bonus play-through requirement purposes include but are not limited to, placing single bets equal to or exceeding the limit defined in the terms of the bonus campaigns of the bonus credited to the player account, until such time as the wagering requirements for that bonus have been met. In case of irregular playing The Operator reserves the right to withhold any withdrawals and/or revoke all winnings and bonuses.
5 BINDING BETS, UNFINISHED AND MISCARRIED GAMES
5.1 The Operator reserves the right to refuse the whole or part of any transaction requested by you at any time in its sole discretion.
5.2 Once your bet is confirmed, you cannot cancel the transaction without Operator’s written consent.
5.3 In the event that your connection is terminated resulting in an unfinished multi-stage game then you must finish the game next time you log in. If for whatever reason you cannot complete the unfinished game then a refund may be granted at the sole discretion of the Operator.
5.4 In the event that a game is miscarried due to an error in the casino system then all wagers are voided and your Players Account will be credited at the sole discretion of the Operator.
6 FRAUDULENT BEHAVIOR AND PROHIBITED ACTIONS, IRREGULAR PLAYING PATTERNS
6.1 The following activities as not allowed and constitute a material breach of the Terms; i) colluding with third parties; ii) using unfair advantage or influence (commonly known as cheating), including the exploitation of a fault, loophole or error in our software, the use of automated players (sometimes known as 'bots'); or the manipulation of IP addresses; iii) undertaking fraudulent activities to your advantage, including the use of a stolen, cloned or otherwise unauthorized credit or debit card, as a source of funds, or taking part in any criminal activities including money laundering and any offence with criminal repercussions; iv) irregular play, which may include but is not wholly restricted to any one or more of the following types of play; placing single bets equal to or exceeding the limit defined in the terms of the bonus campaigns of the value of the bonus credited to the player account, in advance of the wager requirement for that bonus having been met; using the double-up feature to increase bet values; placing even money bets on Baccarat, BlackJack and Roulette. Placing bets equal to or over 10% the bonus amount while playing with a bonus is not allowed. Winnings can be confiscated if this happens.
6.2 The Operator will take all reasonable steps to prevent such fraudulent activities; detect them and the relevant players; and deal with the relevant players appropriately. The Operator will not be liable for any loss or damage which you or any other player may incur as a result of collusive, fraudulent or otherwise illegal activity, or cheating, and any action we take in respect of the same will be at its sole discretion.
6.3 If you suspect a person is colluding, cheating or undertaking a fraudulent activity, you shall as soon as reasonably practicable report it to the Operator by e-mail.
6.4 The Operator reserve the right to inform relevant authorities, other online gaming or gambling operators, other online service providers and banks, credit card companies, electronic payment providers or other financial institutions of your identity and of any suspected unlawful, fraudulent or improper activity, and you agree to cooperate fully with us to investigate any such activity.
6.5 You should not use the Website for any purpose, which is considered to be defamatory, abusive, obscene, racist, sexist, discriminatory, or offensive, including during using the chat function of the Website. You must not use any abusive or aggressive language or images; swear, threaten, harass or abuse any other person, including other users, or behave in such a manner towards any Operator staff used to provide the Website or support.
6.6 You shall not corrupt the Website, flood the Website with information so as to cause the Website to not function, nor use any features which may affect the function of the Website in any way for example (but not limited to) releasing or propagating viruses, worms, logic bombs or similar. Any multiple submissions or "spam" are strictly prohibited. You must not interfere or tamper with, remove or otherwise alter in any way, any information in any form which is included on the Website
6.7 You shall use the Website for personal entertainment only and shall not be allowed to reproduce the Website or any part of it in any form whatsoever without our express consent.
6.8 You must not attempt to gain unauthorized access to the Website, the servers on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or similar. When breaching this provision the Operator will report any such breach to the relevant law enforcement authorities and co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
7 LIABILITY, WEBSITE OR GAMES OUT-OF-SERVICE, IT FAILURES, ERRORS IN ACCEPTING BETS AND PAYING OUT WINNINGS
7.1 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. The Operator is not liable for any losses or damages resulting from your use of the Website. You are aware that there is a risk of losing money.
7.2 The Operator shall not be liable to you in contract, tort (including negligence) or otherwise for any business losses, including but not limited to loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses arising out of the Terms or your use of the Website.
7.3 There is no warranty that the games, software or website are error free and will always be accessible without interruptions. The Operator is not liable for any malfunction or error arising from the game, software or Website. If there is an error or malfunction then all bets and resulting payouts are voided. You also warrant that you will not exploit the error or malfunction.
7.4 Where unexpected system flaws, faults or errors occur in the software or hardware used to provide the Website the Operator will take immediate steps to remedy the problem. The Operator does not accept any liability for IT failures caused by your equipment used to access the Website or faults, which relate to your internet service provider.
7.5 The Operator will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on such Website, or on any website linked to the Website.
7.6 A number of circumstances may arise where a bet is accepted, or a payment is made by the Operator in error. The Operator reserves the right to cancel any bet made on obviously incorrect odds, switched odds (where odds were listed against the wrong teams) or a bet made after an event has started if that event is not available for live betting. The Operator reserves the right to refuse, restrict, cancel or limit any bet. Neither the Operator (including the employees or agents) nor the partners or suppliers shall be liable for any loss including loss of winnings that results from an error. Any winnings/losses that result from any such error will be forfeited.
7.7 You hereby agree to fully indemnify and hold harmless the Operator, its 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.
7.8 If you breach any provision of these Terms or the Operator has a reasonable ground to suspect that you have breached them, The Operator reserves the right not to open, to suspend, or to close your account, or to withhold any money in your account (including the deposit) and apply such funds on account of any damages due by you.
8 IP RIGHTS, LINKS
8.1 All website design, text, graphics, music, sound, photographs, video, the selection and arrangement thereof, software compilations, underlying source code, software and all other material contained within the Website are subject to copyright and other proprietary rights which are either owned by the Operator or used under license from third party rights owners. To the extent that any material contained on the Website may be downloaded or printed then such material may be downloaded to a single personal computer only and hard copy portions may be printed solely for your own personal and non-commercial use.
8.2 Under no circumstances shall the use of the Website grant to any user interest in any intellectual property rights (for example copyright, know-how or trade marks) owned by the Operator or by any third party.
8.3 Links to the Website and any of the pages therein may not be included in any other website without the prior written consent of the Operator.
8.4 SME S.R.L. is the sole owner of the Casino29 brand, trademark and logo.
9 USE OF COOKIES
9.1 The Website uses ‘cookies’ to assist the functionality of the Website. A cookie is a small file of text, which is downloaded onto your computer when you access the Website and it allows us to recognize when you come back to the Website. Information on deleting or controlling cookies is available at www.aboutcookies.org. Please note that by deleting our cookies or disabling future cookies you may not be able to access certain areas or features of the Website.
10 COMPLAINTS, QUERIES
10.1 If you wish to make a complaint or a query regarding the Website, a first step should be to, as soon as reasonably possible, contact support@casino29.com
10.2 In the event of any dispute, you agree that the records of the server shall act as the final authority in determining the outcome of any claim. In the unlikely event of a disagreement between the result that appears on your screen and the game server, the result that appears on the game server will prevail, and you acknowledge and agree that the records of the Operator will be the final authority in determining the terms and circumstances of your participation in the relevant online gaming activity and the results of this participation.
11 LANGUAGE, HEADINGS, INTERPRETATION, LAW AND JURISDICTION, SEVERABILITY, WAIVER, EVENTS PREVENTING SERVICE
11.1 The original text of the Terms is in English and any interpretation of them will be based on the original English text. If the Terms or any documents or notices related to them are translated into any other language, the original English version will prevail.
11.2 The headings used in these Terms are for convenience only.
11.3 The players and the Operator are governed by the Terms and the laws of Curacao. Disputes will be resolved by the competent courts in Curacao.
11.4 The Operator reserves the right to transfer, assign, and sublicense or pledge the Website, in whole or in part, to any person, provided that any such assignment will be on the same terms or terms that are no less advantageous to you.
11.5 If any of the Terms are determined to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law. In such cases, the part deemed invalid or unenforceable shall be amended in a manner consistent with the applicable law to reflect, as closely as possible to our original intent.
11.6 If the Operator fails to insist upon strict performance of any of your obligations or if it fails to exercise any of the rights or remedies to which it is entitled, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
11.7 A waiver by the Operator of any default shall not constitute a waiver of any subsequent default. No waiver by the Operator of any of the provisions of the Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with above.
11.8 The Operator will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Terms of Use that is caused by events outside its reasonable control, including, without limitation, acts of God, war, civil commotion, interruption in public communications networks or services, industrial dispute or DDOS-attacks and similar Internet attacks having an adverse effect (the “Event”). The performance of the Operator and Website is deemed to be suspended for the period that the Event continues, and have an extension of time for performance for the duration of that period. The Operator will use its best endeavours to bring the Event to a close or to find a solution by which our obligations may be performed despite the Event.
12 ANTI-MONEY LAUNDERING
12.1 In almost all jurisdictions where money laundering rules and regulations are in place, by law the Operator could be required to report you to the federal and local authorities if required to or if the Operator knows, suspects, or have reason to suspect that any of your transactions, among other actions, (i) involve funds derived from illegal activities, (ii) are intended to conceal funds from illegal activities, or (iii) involve the use of the Website to facilitate criminal activity.
12.2 To prevent money laundering, no substantial or exceptional withdrawals or deposits shall be made to or from your Player Account unless notarized copies of (2) of the following are received; i) a most recent bank statement from the bank where your wagers/deposits originated; ii) a driver’s license or a current and valid passport.
12.3 Player must play through their deposit at least once in order to be able to make a withdrawal.
12.4 Your Player Account funds, bonus or loyalty points, and/or casino credits may not under any circumstances be transferred to any 3rd party.
13 WHISTLEBLOWER
13.1 If you become aware of any suspicious activity relating to any of the games of the Website, you must report this to the Operator immediately.
14 PERSONAL DATA
14.1 The Operator is required by law to comply with data protection requirements in the way in which it uses any personal information collected from you in your use of the Website.
14.2 By providing the information, you consent to the Operator processing your personal information for the purposes set out in the Terms, for operating the Website or to comply with a legal or regulatory obligation.
14.3 As a policy the Operator will not disclose any personal information to anyone other than those employees that need access to your data to provide you with a service.
14.4 We will retain copies of any communications that you send to us (including copies of any emails) in order to maintain accurate records of the information that we have received from you for 12 (twelve) months.
Valid as of December, 2016
