Genting Alderney/UK Terms and Conditions
GENTING ALDERNEY LIMITED END-USER AGREEMENT - Version 2.8 dated
17th October 2011
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 Poker 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 in the software You acknowledge
that You have read and agree to be bound by the terms and
conditions of this Agreement, laid out at
www.gentingpoker.com/terms-and-conditions and Our Privacy Policy
laid out at www.gentingpoker.com/privacy-policy. 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 in the software 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.gentingpoker.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.gentingpoker.com and / or www.gentingpoker.com and any
related sites accessible via links from http://www.gentingpoker.com
or www.gentingpoker.com or other access method from
http://www.gentingpoker.com or www.gentingpoker.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
Category 1 eGambling license issued by the Alderney Gambling
Control Commission under Section 7 of the Alderney Gambling
Ordinance, 2009. Please be advised however that when playing poker
on the iPoker Network via www.gentingpoker.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@gentingpoker.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, Italy, Australia, Singapore, China,
Taiwan, Malaysia, Turkey, Palestine, France, South Africa, Syria,
Sudan, North-Korea, Libya, Austria, Belgium, Canada, Germany,
Greece, Norway, Poland, Portugal, Russia, Spain 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
provider 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.gentingpoker.com/privacy-policy. 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.gentingpoker.com/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 act 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
dollars) 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. A
Player Account balance shall be deemed to be forfeited or abandoned
in the event that You have not played, made a Withdrawal or entered
into correspondence with GA about your Player Account (or attempted
to do so) within the previous 24 months.
10.9 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 in the software, 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 unenforceability 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@gentingpoker.com as appropriate.
15.3 In the event You have any complaints, claims or disputes You
should in the first instance contact Us (support@gentingpoker.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@gentingpoker.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/.