Terms and Conditions of Use of Services of LuckyKong Casino - Version 1.0 last updated 2nd June 2021
1.1. The following definitions are used in these terms and conditions:
“Access Device” means any electronic means of accessing the Services, including, but not limited to, computers, smartphone devices, feature phones, tablet devices, touch devices or any home entertainment system such as video games consoles and smart TVs (or by any other remote means);
“Bonus Terms” means any terms and conditions and/or rules with regard to promotions, bonuses and special offers which may apply to any part of the Services from time to time;
“Supervision institution” means the supervision institution of commercial gambling in Curacao;
“General Terms” means the terms and conditions set out in this document;
“Operator” means the company Happy Players N.V., registration No. 154347, registered address is at Johan Van Walbeeckplein 24, Curacao, license no. № # 8048 / JAZ2020-067 (License Holder);
“Rules” means the Betting Rules and the Game Rules specifically applicable to the relevant type of betting and/or gaming, as identified in more detail in paragraph 1.3;
“Services” means, as appropriate, the services offered for the time being by the Operator through the Website and/or via any Access Device application;
- (a) agree to the use of electronic communications in order to enter into contracts;
- and (b) waive any applicable rights or requirements which require a signature by hand, to the extent permitted by any applicable law;
1.3 In addition, where you play any game, or place a bet using the Services, or otherwise use the Services, You agree to be bound by Rules of any game You play (“Game Rules"), as set out under the relevant general Help section and any Rules tabs, in respect of any new games, the rules applicable to such game; any Bonus Terms; any terms and conditions relating to withdrawals and any other terms applicable to the Services and/or which you are required to confirm your agreement to as part of the Services.
2. CONTRACTING PARTIES
2.2 in the case of terms and conditions relating to money held in your account from time to time, to any Operator Group company which holds such money and shall (where appropriate) be deemed to include our agents, partners, and suppliers.
4. OPENING YOUR ACCOUNT
4.1 In order to place a bet or play a game using the Services of the Company, you will need to open an account with the Operator (“Your Account” or “Account”).
4.2 In order to open Your Account for use with the Services, you can:
4.2.1 click on “Join Now” on the Website and follow the on-screen instructions; or
4.2.2 open by such other Account opening method as shall, from time to time be offered by the Operator;
4.3 When you open Your Account, you will be asked to provide us with personal information, including your full legal name, date of birth and/or personal code, appropriate contact details, including a residence address, telephone number, email address and payment card details (“Your Contact Details”). You may update Your Contact Details from time to time by contacting Customer Services or through the “My Account” management page on the Website, or by such other method as shall, from time to time, be offered by the Operator.
4.4 In opening Your Account you warrant that:
4.4.1 You understand and accept the risk that, by using the Services, you may, as well as winning money, lose money;
4.4.2 You are: (a) over 18 years of age; and (b) above the age at which gambling or gaming activities are legal under the law or jurisdiction that applies to you (the “Relevant Age”);
4.4.3 gambling is not illegal in the territory where you reside;
4.4.4 You are legally able to enter into contracts;
4.4.5 You have not been excluded from gambling; and
4.4.6 You have not already had an Account closed by us for any reason.
4.5 Your Account must be registered in your own, correct, full legal name and personal details and it shall only be issued once for you and not duplicated through any other person, family, household, address (postal or IP), email address, Access Device or any environment where Access Devices are shared (e.g. schools, workplaces, public libraries etc.) and/or account in respect of the Services. Any other accounts which ou open with us, or which are beneficially owned by you in relation to the Services shall be “Duplicate Accounts”. We may close any Duplicate Account (but shall not be obliged to do so). If we close a Duplicate Account:
4.5.1 all bonuses, free bets and winnings accrued from such bonuses and free bets obtained using that Duplicate Account will be void and forfeited by you;
4.5.2 we may, at our entire discretion, void all winnings and refund all deposits (less amounts in respect of void winnings) made in respect of that Duplicate Account and, to the extent not recovered by us from the relevant Duplicate Account, any amounts to be refunded to us by you in respect of a Duplicate Account may be recovered by us directly from any other of Your Accounts (including any other Duplicate Account); or
4.5.3 we may, at our entire discretion, allow usage of the Duplicate Account to be deemed valid in which case all losses and stakes placed by or for you through the Duplicate Account shall be retained by us.
5. VERIFICATION OF YOUR IDENTITY; ANTI-MONEY LAUNDERING REQUIREMENTS
5.1 You warrant that:
5.1.1 the full legal name, residence address, date of birth and/or personal code, payment card details you provide when opening Your Account is correct; and
5.1.2 You are the rightful owner of the payment card and funds which you at any time deposit in Your Account.
5.2 If information and personal details from the uploaded identity document and address proof is different than the full legal name and other details provided during registration – Your Account will be immediately closed, until correct information and/or proof documents will be provided.
5.4 Whilst we are undertaking any Checks from time to time, we may restrict you from withdrawing funds from Your Account and/or prevent access to all or certain parts of the Website. Please note that we may from time to time re-perform the Checks for regulatory, security or other business reasons. If any such restrictions cause you a problem, please contact us – email@example.com.
5.5 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. For this purpose, we will be entitled, at our sole discretion, to require that you provide us with a notarized personal identification document or any equivalent certified personal identification document according to the applicable law of your jurisdiction or otherwise, proof of address, utility bills, bank details, bank statements and bank references and any documentation that validates your source of funds. Until such information has been supplied to our satisfaction, we may prevent any activity to be undertaken by you in relation to the Account or we may, where we reasonably believe that deliberately incorrect information has been provided by you, keep any amount deposited on the Account following the closure of the Account by us.
5.6 It may be an offence for persons under the Relevant Age to make use of the Website. If we are unable to confirm that you are of the Relevant Age then we may suspend your Account until such time that we are able to confirm that you are of the Relevant Age. If you are subsequently proven to have been under the Relevant Age at the time you made any gambling or gaming transactions with us, then:
5.6.1 Your Account will be closed;
5.6.2 all transactions made whilst you were underage will be made void, and all related funds deposited by you will be returned by the payment method used for the deposit of such funds, wherever practicable;
5.6.3 any deposits made whilst you were under the Relevant Age will be returned to you; and
5.6.4 any winnings which you have accrued during such time when you were under the Relevant Age will be forfeited by you (and shall be deducted from the amount of any deposit returned under paragraph 5.5.3) and You will return to us on demand any such funds which have been withdrawn from Your Account.
6. KNOW YOUR CLIENT POLICY
To make the Age Verification process as easy as possible, here are a few hints for when you send in your documents:
- Each document must be sent as a separate image.
- Photo Captured images are preferred, but if you’d rather scan your documents, send them as a .jpg. When you take your picture:
- Be sure that the first 6 and the last 4 digits of your credit card number should be visible, and CVV should be hidden.
- Your picture must be in focus and all the text easy to read.
- Your full passport photo page or identification document must be in shot, don’t leave any bits out or cover with your hand or fingers.
- Your lighting must be good, to stop any glare don’t use flash.
We need all of this because it’s part and parcel of gambling responsibly – and the applicable law requires it.
6.1. Why do I need to verify my account?
When you sign up for a new account, we check that you are over 18 or not under Relevant Age and we verify that you are who you say you are (a process called Know Your Customer ‘KYC’). It’s part and parcel of gambling responsibly, and something that the law requires us to do.
6.2. What do I need to provide?
To verify your age, we will accept one of the following documents:
- Passport (recommended).
- Driving license.
- National ID Card.
- Birth Certificate (verification takes up to 24 hours).
- Payment card (note that first 6 and last 4 digits should be visible and CVV should be hidden).
Card data shall not be collected and stored by Us without PCI DSS.
To verify your identity (KYC) we may need additional documents which could also include:
- Signed Credit Agreement.
- Utility Bill (lnot older than 6 months old).
- Bank Statement (not older than 6 months old).
Make sure your documents are in acceptable condition.
6.3. How can I send you my documents?
The quickest and easiest way to verify your account is online.
You can also send the documents via email.
Here are a few tips on how to get it right first time:
Sending your documents via email
- Take a photo of each of your documents and save the photos (or, scan them and save as a .jpg)
- Open the email account that you used to register for our Website.
- Open a new email, addressed to firstname.lastname@example.org.
- Attach the photos.
- Enter your account number or username in the ‘Subject’ bar at the top of your email
- Press ‘Send’.
When you register for an account, on the account registration page, we’ll need you to provide certain information for security reasons:
- Your full legal name and contact details, including a valid email address which needs to be unique to your account.
- Your date of birth or personal code – you must be at least 18 years old.
- A unique username (your username may contain only letters, numbers, underscore and hyphen symbols) and a password which means only you can access your account.
- Your betting currency and a deposit limit.
- A security question and the answer.
Our registration page checks your details as you enter them and will let you know if there’s a problem, so you can make any changes you need to before you click on the ‘Create My Account’ button.
For legal reasons when traveling abroad you may not be able to access your account.
We are unable to accept accounts or offer any of our products or services to clients who are residents in the following countries (USA, Aruba, Bonaire, Curacao, France, Netherlands, Saba, St Eutatius, St Martin):
Game provider Restricted territories
Amatic No Customers shall be accepted from USA, France, The Netherlands, the Dutch Caribbean Islands; Curaçao, Aruba, Bonaire, St. Maarten, St Eustatia and Saba.
- Booming Games
- Evolution Gaming
- Kiron Interactive
- NetEnt(Live and Slots)
- PG Soft
- Pragmatic Play
- Red Tiger
- Sportsbook Silver
The list of game providers and territories, where from the Customers are not accepts may be amended time from time.
7. USERNAME, PASSWORD, PIN and CUSTOMER INFORMATION
7.1 After opening Your Account, you must take all reasonable steps to avoid disclosing (whether deliberately or accidentally) your username, password and/or account number to anyone else, including (where practicable) ensuring that up-to-date security software is downloaded onto Your Access Device.
7.2 All transactions made where your username and password and/or account number have been entered correctly will be regarded as valid, whether or not authorized by you, and we shall not be liable for any claims in the event that you disclose your username, password or account number to anyone else (whether deliberately or accidentally).
7.3 If you have lost or forgotten Your Account details, or have a reason to believe that such details are known to an unauthorized third party, please contact us immediately for a replacement through email@example.com, details of which can be found in the Contact Us.
8. DEPOSITS AND WITHDRAWALS FROM YOUR ACCOUNT
8.1 If You wish to participate in the Services, you must deposit money into Your Account from an account or source of which you are the account holder. Such funds may (subject to paragraph 5) then be used by you to place bets or play games. If you use a payment method in respect of which you are not the account holder, we reserve the right to treat any deposit into the Account as being invalid (and any winnings arising from such deposit as void) pending the satisfactory completion of all relevant Checks.
8.2 For the avoidance of doubt Your Account shall not be used by you as a bank account and, should we become aware of deposits into and withdrawals from Your Account without commensurate betting or gaming activity, we reserve the right to deduct an administration charge (whether or not we close or suspend the account). Funds deposited with us in Your Account shall not attract interest.
8.3 To the extent required by your local law or tax or other authorities you are responsible for reporting your winnings and losses arising from the Services.
8.4 You can set a deposit limit on Your Account in any one day. For details of how to set up a deposit limit please contact firstname.lastname@example.org. Any confirmed reductions to your deposit limit will be of immediate effect.
8.5 Subject to terms of Closure of Your Account or any other terms set out in these Terms and Conditions or any amendments thereof, you may request withdrawal of funds from Your Account at any time provided that:
8.5.1 all payments made into Your Account have been confirmed as cleared and none have been charged-back, reversed or otherwise canceled;
8.5.2 any Checks referred to Verification of Your Identity; Money Laundering Requirements have been completed by us to our satisfaction; and
8.5.3 You have complied with any other relevant withdrawal conditions affecting Your Account (e.g. any applicable Bonus Terms).
8.5.4 Players attempting to withdraw funds before the wagering requirements are met will have their bonus balance and all winnings derived from bonuses voided.
8.6 On any withdrawal approved by us, 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 (less charges incurred or any other amount required to be deducted from your withdrawal in order to comply with any applicable law).
8.7 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 (any charges associated with relevant payment methods are set out in the Website). 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 and, in circumstances where we are required to convert your deposits between different currencies, the conversion rate used by us will set upon our discretion.
8.9 Inactive Account Fee. If You do not use Your Account for betting or gaming, making a deposit, withdrawal or transfer, or if it is otherwise inactive, for a period of at least 13 consecutive months then it will be an “Inactive Account”. All Inactive Accounts will incur a monthly “Inactive Account Fee” of 5 EUR, we may change this fee amount on our own discretion. When the Inactive account balance reaches zero no more fees will be charged.
8.10 Minimum deposit rollover before withdrawal is x1.
|Currency||Per day||per month|
|EUR||1 000||10 000|
|CAD||1 000||10 000|
All payout requests are processed in the order of the queue within 48 hours during business days (monday to friday), Financial department is processing payments during business hours 10-18 UTC
Withdrawals are processed without commission. Commission for the deposit depends only on the user’s payment system.
8.10 PAYMENT SYSTEM RESTRICTED COUNTRIES
We support gaming/gambling payouts via OCT (Original Credit Transfer) from Visa or also via Payment Transfer (Mastercard). Prerequisite for paying out are that an initial pay-in was done and for Mastercard this pay-in needs to have been made via a 3-D Secure MID. Additional requirements are that the respective credit card is not a corporate credit card and the respective card is issued in a country that is supported by the respective card scheme (see below). The per transaction limits are 5000 EUR for Visa and 5000 EUR for Mastercard.
For Visa (OCT) there is a list of countries not supported. List of non-participating countries for OCT:
Mastercard PT list of countries supported. List of participating countries for PT:
- Czech Republic
- San Marino
- United Kingdom
Countries restricted for registration. Residents of this country category can access the websites, but cannot register/sign up an account:
- Burkina Faso
- Cape Verde
- East Timor
- Faroe Islands
- French Polynesia
- Lao People’s Democratic Republic
- New Caledonia
- North Korea
- Saint Barthelemy
- Saint Martin (Sint Maarten)
- South Sudan
- US Minor Outlying Islands
Banned countries. Residents of this country category cannot register an account, nor access the Skrill domains:
- North Korea
- South Sudan
Restricted for Gaming and Binary:
- American Samoa (relevant state licenses required)
- China (Pr)
- Guam (relevant state licenses required)
- Hong Kong
- Puerto Rico (relevant state licenses required)
- Northern Mariana Island (relevant state licenses required)
- United Arab Emirates
- United States Of America
- US Minor Outlying Islands
- US Virgin Islands
Does not provide service to the following countries:
- Central African Republic
- Congo Republic
- Equatorial Guinea
- Lao People’s Democratic Republic
- Norfolk Island
- North Korea
- Papua New Guinea
- Saint Barthelemy
- Saint Kitts and Nevis
- Saint Martin
- Sint Maarten
- Sierra Leone
- Sudan (North and South)
- Western Sahara
Requires local license for specific countries:
9.1. Happy Players N.V. reserves the right to remove, add or change any bonus that is available in the account of any Customer and has not been claimed. Any claimed and active bonus will not be removed by Happy Players N.V. under regular circumstances.
9.2. Bonuses might have wagering requirements attached to them. These requirements will be appropriately displayed before the Customer decides to use a bonus when wagering requirements are applicable. Withdrawal amounts will be only possible for the real money balance the bonus money balance upon withdrawal will be lost. Happy Players N.V. has the right to choose which game and service contributes what amount to the wagering requirements. The wagering requirements have a minimum of 35 times the amount of bonus balance and the real money sum contributing to the bonus figure. Unless otherwise noted the Free spins winnings wagering for cashout is x40
9.3. Bonuses can be received once per person (Customer), per household, per address, per mobile phone, per shared computer and per shared IP address. Risk-free bets on any games or services do not count toward the wagering requirements.
9.4. The maximum amount of money to be won from a no deposit free spin bonus and gameplay with mentioned bonus funds is 80 EUR or any other currency equivalent. Any winnings exceeding 80 EUR without making a real money deposit will be void and will be kept by Happy Players N.V. For example, a Customer receives a no deposit free spins bonus. The free spins get played out and the customer wins 20 EUR. The Customer proceeds to play other games and wins 85 EUR, totaling 105 EUR in Happy Players N.V. cashier. In this case the customer has exceeded the cap of 80 EUR winnings, 80 EUR will be available for withdrawing and 25 EUR will be kept by Happy Players N.V. To be able to withdraw any money from any winnings derived from no deposit bonus, a player must make a deposit first
9.5. The maximum bet when having an active bonus is EUR 5 per spin or EUR 0.2 per bet line. Happy Players N.V. reserves the right to void bets and wager turnovers resulting from larger bets made on games and/or services of Happy Players N.V.
9.6. Any unclaimed bonus will expire in 24 hours
9.7. Happy Players N.V. reserves the right to impose various restrictions to different countries where Customers may reside regarding bonuses for reasons undisclosed. We further reserve the right to offer specific bonuses to individual customers or customer groups and their termination, change or other alteration without explanation and/or compensations in any form.
9.8. Different games contribute a different percentage towards the wagering requirements:
Slots with a Return To Player (RTP) >= 96.8%: 30%
All Live Dealer Roulette: 10%
All Live Dealer Blackjack: 10%
All Live Dealer Baccarat and Casino Holdem: 5%
All table games and video pokers 0%
9.9. If a player or a group of players are abusing casino bonuses Happy Players N.V. has the right to confiscate any wins thereof and to close the players account(s). Abusive behaviour towards bonuses and/or bonus abuse means:
- i) A Player places bets and/or wagers amounting to the maximum allowed per bonus terms to raise the variance in order increase the balance;
- ii) Player lowers the bet and/or wager size after a big win and changes the game to one with a lower volatility;
- iii) Player makes deposits to cap out the bonus amount but not more. Applicable to match bonuses of 50% and above;
- iv) Bets on red and black simultaneously or similar hedging of bets without risk.
After the account has been flagged as bonus abusing it is forbidden to use any other bonuses and/or participate in promotions at Happy Players N.V.
10. LEGAL USE OF THE WEBSITE
10.1 Access to or use of the Website or any of the Services via the Website may not be legal for some or all residents of or persons in certain countries. We do not intend that the Website should be used for betting, gaming or any other purposes by persons in countries in which such activities are illegal, which includes the United States of America and those territories listed in the Website. The fact that the Website is accessible in any such country, or appears in the official language of any such country shall not be construed as a representation or warranty with respect to the legality or otherwise of the access to and use of the Website, and the making of deposits or receipt of any winnings from Your Account. The availability of the Website does not constitute an offer, solicitation or invitation by us for the use of or subscription to betting, gaming or other services in any jurisdiction in which such activities are prohibited by law.
10.1a Users from the following countries and their territories are not allowed to deposit and play real money games: Afghanistan, Albania, Angola, Angola, Anguilla, Australia, Barbados, Belgium, Burkina Faso, Cambodia, Cape Verde, Cayman Islands, Central African Republic, China, Congo, Cote D’Ivoire, Cyprus, Czech Republic, Côte d'Ivoire, Eritrea, Estonia, Ethiopia, France and its overseas territories (Guadeloupe, Martinique, French Guiana, Réunion, Mayotte, St. Martin, French Polynesia, Wallis and Futuna, New Caledonia), Gibraltar, Greece, Guatemala, Haiti, Hong Kong, Iraq, Islamic Republic of Iran, Israel, Italy, Jamaica, Jersey, Korea, Lao PDR, Lebanon, Liberia, Libya, Lithuania, Macau, Mali, Mauritius, Mayotte, Myanmar, Myanmar, Netherlands, Nicaragua, Pakistan, Panama, Paraguay, Poland, Portugal, Rwanda, Réunion, Sierra Leone, Slovakia, Slovenia, Somalia, South Sudan, Spain, Sudan, Syrian Arab Republic, Turkey, Uganda, United Kingdom, United States of America, Yemen, Zimbabwe.
10.2 It is Your responsibility to determine the law that applies in the location in which You are present. You should ensure that You will be acting legally in Your jurisdiction in opening Your Account and/or using the Website and You represent, warrant and agree that You will do so.
10.3 If it becomes apparent to us that You are resident in a country in which the use of the Website is not legal or You are using the Website from a country in which the use of the Website is not legal, we shall be entitled immediately to close Your Account, in which case any balance on the Account on the date of such closure will be refunded to You as soon as it is practicable for us to do so.
11. PLACING YOUR BET AND/OR GAMING USING THE SERVICES
11.1 In order to place a bet or access a Service you should follow the instructions provided at the respective section of the Website.
11.2 It is your responsibility to ensure that the details of any bet, stake or similar transaction that you place using the Services (a “Transaction“) are correct when using the Website (either directly, through an application or otherwise) in accordance with the relevant Game Rules, as appropriate.
11.3 Your Transaction history can be accessed by you by clicking My Account on the Website, or through our Customer Services team (including by opting to receive a written statement).
11.5 Once a Transaction has been accepted by us, you cannot cancel the transaction unless we agree otherwise.
11.6 In respect of gaming, the relevant Game Rules shall set out the point at which no further stakes or bets will be accepted by us.
11.7 We may cancel or amend a Transaction due to Collusion, Cheating, Fraud and Criminal Activity, Errors or Omissions, as well because terms set out for Verification of Your Identity.
12. REMOTE GAMING OR BETTING
12.1 Where you are accessing the Services via an electronic form of communication you should be aware that:
12.1.1 in relation to your use of the Website for the placing of bets or playing of games:
188.8.131.52 You may be using a connection or equipment which is slower than such equipment used by others and this may affect your performance in time critical events offered via the Website;
184.108.40.206 You may encounter system flaws, faults, errors or service interruption which will be dealt with in accordance with IT Failure as below;
220.127.116.11 the Game Rules for each event or game offered via the Website are available and should be considered by you prior to Your use of the Services offered via the Website.
13. COLLUSION, CHEATING, FRAUD AND CRIMINAL ACTIVITY
13.1 The following practices (or any of them) in relation to the Services:
- abuse of bonuses or other promotions; and/or
- using unfair external factors or influences (commonly known as cheating); and/or
- taking unfair advantage (as defined below);
- opening any Duplicate Accounts; and/or
- undertaking fraudulent practice or criminal activity (as defined below),
- using unfair betting patterns or strategies, such as equal, zero or low margin bets, bets with minimal risks, hedge betting, or otherwise placing bets in such a way that in our opinion the system is being abused, guaranteed win is achieved, or the risk is minimized;
13.2 If you suspect a person is engaged in any Prohibited Practice, you shall as soon as reasonably practicably report it to us by e-mailing us or telephoning Customer Services.
13.3 You agree that you shall not participate in or be connected with any form of Prohibited Practice in connection with your access to or use of the Services.
13.4.1 we have reasonable grounds to believe that you have participated in or have been connected with any form of Prohibited Practice (and the basis of our belief shall include the use by us (and by our gaming partners and our other suppliers) of any fraud, cheating and collusion detection practices which are used in the gambling and gaming industry at the relevant time); or
13.4.2 You have placed bets and/or played online games with any other online provider of gambling services and are suspected (as a result of such play) of any Prohibited Practice or otherwise improper activity; or
13.4.3 we become aware that You have “charged back” or denied any of the purchases or deposits that you made to Your Account; or
13.4.4 in our reasonable opinion your continued use of the Services may be detrimental to our regulated status, including our continued ability to be licensed by the Licensing Authority; or
13.5 For the purposes of this paragraph 12:
13.5.1 “fraudulent practice” means any fraudulent activity engaged in by you or by any person acting on your behalf or in collusion with you, and shall include, without limitation: (a) fraudulent charge-backs and rake-back activity; (b) the use by you or any other person who was participating in the same game as you at any time, of a stolen, cloned or otherwise unauthorized credit or debit card, as a source of funds; (c) the collusion by you with others in order to gain an unfair advantage (including through bonus schemes or similar incentives offered by us); (d) any attempt to register false or misleading account information; and (e) any actual or attempted act by you which is reasonably deemed by us to be illegal in any applicable jurisdiction, made in bad faith, or intended to defraud us and/or circumvent any contractual or legal restrictions, regardless of whether such act or attempted act actually causes us any damage or harm;5>
13.5.2 “criminal activity” shall include, without limitation, money laundering and any offence under any law or regulation in your country, where you are playing from or where your IP has been registered; and
13.5.3 “unfair advantage” shall include, without limitation:
18.104.22.168 the exploitation of a fault, loophole or error in our or any third party’s software used by you in connection with the Services (including in respect of any game);
22.214.171.124 the use of third-party software or analysis systems; or
126.96.36.199 the exploitation by you, of an Error as defined below, in any case either to your advantage and/or to the disadvantage of us or others.
13.6 In exercising any of our rights under paragraph 12.4 in relation to a Prohibited Practice, we shall use all reasonable endeavors to ensure that, while complying with our regulatory and other legal obligations, we exercise such rights in a manner which is fair to you and to our other customers.
13.7 We 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 Prohibited Practice by You, and You shall cooperate fully with us to investigate any such activity.
14. CLOSURE OF YOUR ACCOUNT
CLOSURE AND TERMINATION BY US
SUSPENSION BY US
15. ACCESS TO, AND USE OF, THE SERVICES
15.1 You are solely responsible for the supply and maintenance of all of Your Access Devices and related equipment, networks and internet access services that You need to use in order to access the Services. We will not be liable in any way whatsoever for any losses caused to you (whether resulting from loss of service, poor internet connectivity, insufficient bandwidth or otherwise) by the internet or any telecommunications service provider that you have engaged in order to access the Services. For the avoidance of doubt, the Operator does not make any representation or give any warranty as to the compatibility of the Services with any particular third-party software or hardware, including (for the avoidance of doubt) third party analysis which promise certain results from any of the Services.
15.2 Under no circumstances should you use the Services for any purpose which is or is likely to be considered to be defamatory, abusive, obscene, unlawful, of a racist, sexist or other discriminatory nature, or which could cause offence. You must not use any abusive or aggressive language or images, swear, threaten, harass or abuse any other person, including other users, via the Website, or attempt to pass Yourself off as being any other person, or behave in such a manner towards any Operator staff used to provide the Services, Customer Services, or any helpdesk or support function which we make available to you.
15.3 You shall use the Website for personal entertainment only and shall not be allowed to provide access or reproduce the Website or any part of it in any form whatsoever without our express consent, including creating links to it.
15.4 Any material (other than Software under paragraph 17) downloaded by you from the Website shall be downloaded entirely at your own risk and the Operator shall not be liable in respect of any loss of data or other damage caused by any such download.
15.5 Where we have reason to believe that your use of the Services is in breach of any of paragraphs 15.2, 15.3, 15.4 we shall, without prejudice to any of our other rights, be entitled forthwith to remove from the Website any offending content.
16. BETTING AND GAMING TERMS
16.1 Expressions used in the betting and gaming industry are numerous. Should you be in any doubt as to the meaning of any expression, you should:
16.1.1 look up its meaning in relating to the event or game you are betting or gaming on;
16.1.2 if you are still in any doubt, contact email@example.com for clarification; and
16.1.3 not place any bet or game on any event until its meaning is understood to your satisfaction, because we cannot accept any responsibility if you place a bet or game via the products offered via the Services in circumstances where you do not understand any of the terms involved in or relating to the bet or game.
17. ALTERATION OF THE WEBSITE
We may, in our absolute discretion, alter or amend any product or service (including any prices offered) available through the Website at any time for the purpose of ensuring the ongoing provision of the Website, but without prejudice to any games and/or bets already in progress at the time of such amendment. From time to time, we may restrict you from accessing some parts of the Website for the purpose of maintenance of the Website and/or alteration or amendment of any of the games and/or products available through the Website.
18. THIRD PARTY SOFTWARE
18.1 In order to use the products offered through the Services, you may be required to download and install software supplied by third parties on to Your Access Device (“Software"). Software may include, but is not limited to: Access Device applications, our download Casino and Poker products and any promotional, marketing and/or facility applications, products and software.
18.3 It is your responsibility to ensure that any Software is downloaded onto your Access Device in a manner compatible with your own Access Device’s specific set-up. For the avoidance of doubt, we shall not be liable to the extent that the incorrect downloading of any Software has an adverse effect on the operation of your Access Device.
19. IT FAILURE
Where problems occur in the software or hardware used by us to provide the Services, we will take all reasonable steps to remedy the problem as soon as reasonably practicable. Where such problems cause a game to be interrupted in circumstances where it cannot be restarted from exactly the same position without any detriment to You or other players, we will take all reasonable steps to treat you in a fair manner (which may include reinstating the balance on Your Account to the position existing following completion of the last bet or game logged on the Operator’s server immediately prior to the occurrence of the problem).
20. ERRORS OR OMISSIONS
20.1 A number of circumstances may arise where a bet or wager is accepted, or a payment is made, by us in error. A non-exhaustive list of such circumstances is as follows:
20.1.1 where we mis-state any odds or terms of a bet or gaming wager to you as a result of obvious error or omission in inputting the information or setting up a market, or as a result of a computer malfunction;
20.1.2 where we have made a ‘palpable error’. A palpable error occurs where:
188.8.131.52 in relation to bets placed prior to an event taking place, the prices/terms offered are materially different from those available in the general market; or
184.108.40.206 in relation to any event, the price/terms offered at the time the bet is placed are clearly incorrect given the probability of the event occurring;
20.1.3 where we have continued to accept bets on a market which should have been suspended, including where the relevant event is in progress (except where ‘in-running’ bets are accepted) or had already finished (sometimes referred to as ‘late bets’);
20.1.4 where an error has been made as a result of a Prohibited Practice;
20.1.5 where we should not have accepted, or have the right to cancel or re-settle, a bet pursuant to the Betting Rules (for example due to ‘Related Contingencies’);
20.1.6 where an error is made by us as to the amount of winnings/returns that are paid to You, including as a result of a manual or computer input error; or
20.1.7 where an error has been made by us as to the number of free bets and/or bonuses that are credited to Your Account,
such circumstances being referred to as an “Error”.
20.2 We reserve the right to:
20.2.1 correct any Error made on a bet placed and re-settle the same at the correct price or terms which were available or should have been available through the Operator (absent the publishing error) at the time that the bet was placed and the bet will be deemed to have taken place on the terms which were usual for that bet; or 20.2.2 where it is not reasonably practicable to correct and re-settle under 20.2.1 above, to declare the bet void and return Your stake into Your Account; or
20.4 Neither we (including our employees or agents) nor our partners or suppliers shall be liable for any loss, including loss of winnings, that results from any Error by us or an error by you.
20.5 You shall inform us as soon as reasonably practicable should You become aware of any Error.
20.6 Where you have used funds which have been credited to Your Account or awarded to you as a result of an Error to place subsequent bets or play games, we may cancel such bets and/or withhold any winnings which you may have won with such funds, and if we have paid out on any such bets or gaming activities, such amounts shall be deemed to be held by you on trust for us and you shall immediately repay to us any such amounts when a demand for repayment is made by us to you.
21. EXCLUSION OF OUR LIABILITY
21.1 Your access to and use of the Services is at your sole option, discretion and risk. We shall not be liable for any attempts by You to use the Services by methods, means or ways not intended by us.
21.3 WE (INCLUDING OUR GROUP COMPANIES, PAYMENT PROCESSOR, AFFILIATES, OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES) SHALL NOT BE LIABLE TO YOU, WHETHER SUCH LIABILITY ARISES IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, IN RESPECT OF ANY:
21.3.1 LOSS OF DATA;
21.3.2 LOSS OF PROFITS;
21.3.3 LOSS OF REVENUE;
21.3.4 LOSS OF BUSINESS OPPORTUNITY;
21.3.5 LOSS OF OR DAMAGE TO GOODWILL OR REPUTATION;
21.3.6 BUSINESS INTERRUPTION; OR
22.1 You will fully indemnify, defend and hold us and our officers, directors, employees, agents, contractors and suppliers harmless from and against any and all losses, costs, expenses, claims, demands, liabilities and damages (including legal fees), however caused, that may arise, whether or not reasonably foreseeable, as a result of or in connection with:
22.1.1 the access to and use of the Services by you or by anyone else using your username and password; and/or
23. INTELLECTUAL PROPERTY RIGHTS
23.1 All website design, text, graphics, music, sound, photographs, video, the selection and arrangement thereof, software compilations, underlying source code, software and all other material forming part of the Services are subject to copyright and other proprietary rights which are either owned by us or used under license from third party rights owners. To the extent that any material comprised within the Services may be downloaded or printed then such material may be downloaded to a single device only (and hard copies may be printed) solely for Your own personal, non-commercial use.
23.5 All intellectual property rights in the name “www.LUCKYKONG.com”, the logos, designs, trademarks and other distinctive brand features of the Operator and any content provided by the Operator or any third party for inclusion on the Website vest in the Operator or the applicable third party. You agree not to display or use such logos, designs, trademarks and other distinctive brand features in any manner without our prior written consent.
24. VIRUSES, HACKING AND OTHER OFFENCES
24.1 You shall not:
24.1.1 corrupt the Website;
24.1.2 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;
24.1.3 flood the Website with information, multiple submissions or “spam";
24.1.4 knowingly or negligently 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, trojans, logic bombs or similar material that is malicious or harmful;
24.1.5 interfere or tamper with, remove or otherwise alter in any way, any information in any form which is included on the Website;
24.1.6 attack the Website via a denial-of-service attack or a distributed denial-of-service attack. We will report any suspected breach to the relevant law enforcement authorities and we will 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.
24.2 We 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 Access Device and related 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.
24.3 Website is free from malicious software.
25. YOUR PERSONAL INFORMATION
25.2 We are required by law to comply with data protection requirements in the way in which we use any personal information collected from you in your use of the Services. We therefore take very seriously our obligations in relation to the way in which we use Your personal information.
25.3 Prior to your use of and when you use the Services it will be necessary for us to collect certain information about you, including your full legal name, date of birth or personal code, your contact details, and may also include information about your marketing preferences (all of which shall be known as “Your Personal Information“).
25.4 By providing us with Your Personal Information, you consent to our processing Your Personal Information, including any of the same which is particularly sensitive:
25.4.2 for other purposes where we (including Payment Processor) need to process Your Personal Information for the purposes of operating the Services,
including by sharing it with our service providers, employees and agents for these purposes, for example to our providers of postal services, marketing services and Customer Services agents. We may also disclose Your Personal Information in order to comply with a legal or regulatory obligation.
25.5 We may 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.
26. USE OF ‘COOKIES’ ON THE WEBSITE
27. COMPLAINTS AND NOTICES
27.1 No claim or dispute with regard to:
27.1.1 the acceptance or settlement of a bet which you have made using the Services will be considered more than thirty days after the date of the original transaction; and
27.1.2 a game which you have played using the Services will be considered more than twelve weeks after the date on which the relevant transaction or game play took place.
27.2 Should you wish to make a complaint regarding the Services, as a first step you should, as soon as reasonably practicable, contact firstname.lastname@example.org about Your complaint, which will be escalated as necessary within our Support team until resolution.
27.3 You acknowledge that our random number generator will determine the outcome of the games played through the Services 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 your screen and the game server used by the Operator, 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 relevant online gaming activity and the results of this participation.
27.4 When we wish to contact you, we may do so using any of Your Contact Details. Notices will be deemed to have been properly served and received by You immediately after an email is sent or after we have communicated with you directly by telephone (including where we leave you a voicemail), or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post; in the case of an email, that such email was sent to the specified email address (if any) in Your Contact Details at the time that any such email was sent.
27.5 If there is no reaction on your complaint or notice from us or in your opinion the issue is not yet resolved, you can file a complaint or notice to the licensing and supervision organization contacting [email protected]
28. TRANSFER OF RIGHTS AND OBLIGATIONS
29. EVENTS OUTSIDE OUR CONTROL
29.2 Our performance is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations may be performed despite the Force Majeure Event.
30.1 If we fail to insist upon strict performance of any of your obligations or if we fail to exercise any of the rights or remedies to which we are entitled, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
30.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
31.2 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, the Operator’s original intent.
32. ENTIRE AGREEMENT
33. THIRD PARTY RIGHTS
34. LAW AND JURISDICTION
35. RESPONSIBLE GAMING/GAMBLING
35.2 The Operator is committed to supporting Responsible Gambling initiatives. We suggest to visit www.responsiblegambling.org for further help, if you feel that gambling starts to become a problem for you.
Where we provide hyperlinks to other websites, we do so for information purposes only. You use any such links at your own risk and we accept no responsibility for the content or use of such websites, or for the information contained on them. You may not link to this site, nor frame it without our express written permission.
37. CONTACTING US
The Operator can be contacted by e-mail email@example.com. Please note that all calls may be recorded for training and security purposes. If you are concerned about your gambling practices there are a number of guidelines you may find useful:
- Consider how long you wish any wagering session to last before commencing and be sure to keep an eye on the clock.
- Try not to let gambling interfere with your daily responsibilities.
- Gambling is not advised if you are recovering for any form of dependency or if you are under the influence of alcohol or any other substance including some prescription medication. We recommend that you consult your GP for more information.
- Gambling is a form of recreation and should not be viewed as an alternative source of income or a way to recoup debt.