1.1 The
following provisions define the terms and conditions that govern your access
and participation in any "play for real" services provided by The
Company or collectively referred to as "The Company", "we",
"our" or "us" as the context requires. These provisions are
intended to be read in conjunction with "Betting Rules" ,
"Privacy Policy" and any other Terms and Conditions governing the use
of the Services and Website(s) and the Information comprised therein
(collectively these "Terms and Conditions").
1.2
"Games" means internet gaming system accessible and/or offered on the
Site; "Betting" or "bet(s)" for the purpose of these Terms
and Conditions include, without limitation, wagering, gaming and gambling
conducted in relation to any and/or all of the Service(s) offered on the
Website(s);
"Device(s)"
mean any application access devices, including but not limited to personal
computers, laptops, mobile phones, personal digital assistants, PDA phones,
hand-held devices employed for the use of the Website(s) and Services;
"Software"
means any computer programme, data file or any other content (including any
user information relating to the foregoing) that is required to be installed on
your Device to enable you to use and access the Website(s) and Services
"Sportsbook"
means the internet gaming system accessible and/or offered at the part of the
Website and all related services and online gaming activities.
"Services"
means the Software and Games together made available from time to time.
"Your
account or Account" means an account opened by you to be used to manage
the payment of funds in relation to your use of the Website and Services.
2.1 You can
only play the Games for money if you are:
1)
18 years of age or over; and
2)
Have reached the age at which you are legally
entitled to play the Games in whichever country you access our site.
3)
You are not allowed to register on the Website
and use our services if you are a resident of Aruba, Australia, Bonaire,
Curacao, France, Iran, Iraq, Netherlands, Saba, Spain, St Maarten, Statia,
U.S.A or the U.S.A dependencies, United Kingdom. We reserve the right to refuse
customers from any other countries over and above the aforementioned
jurisdictions at our own discretion.
2.2 If you are not entitled, The Company reserves the right to:
1)
immediately prevent your participation in Games
and withdraw your account
2)
report you to the relevant authorities.
2.3 Clicking on
the relevant "JOIN AND REGISTER" button during your registration, you
acknowledge and accept that:
1)
you are at least 18 years of age and/or at
legally capable of entering into binding contracts, including these Terms and
Conditions;
2)
you have read, fully understood and accepted
these Terms and Conditions; and
3)
these Terms and Conditions constitute a legally
binding agreement ("Agreement") between you and The Company regarding
the use of the Services.
2.4 You cannot
transfer, sell, or pledge Your Account to another person. This prohibition
includes the transfer of any assets of value of any kind, including but not
limited to ownership of accounts, winnings, deposits, bets, rights and/or
claims in connection with these assets, legal, commercial, or otherwise. The
prohibition on said transfers also includes however is not limited to the
encumbrance, pledging, assigning, usufruct, trading, brokering, hypothecation
and/or gifting in cooperation with a fiduciary or any other third party,
company, natural or legal individual, foundation and/or association in any way
shape or form
3.1 We reserve
the right to amend, update and modify these Terms and Conditions without prior
notice, in our sole discretion. The amended, updated or modified Terms and
Conditions shall be effective upon publication on the Website(s). Continued use
of, access to and participation in the Services on or through our Website(s)
and Device(s) after such publication constitute your acceptance to the modified
or updated Terms and Conditions.
3.2 You
acknowledge and agree that it is your sole responsibility to check, read and
understand any amendments, updates and/or modifications. The Company shall not
constitute an obligation to notify you of such amendments, updates and/or
modifications. If you continue to use the Website after such amendments,
updates and/or modifications, you automatically agree to be bound by them,
whether or not you have had notice of, or have read, the relevant amendments,
updates and/or modifications.
4.1 The
information, material and data provided or made available to you on the
Website(s), Services and/or in any other form including, without limitation,
marketing programmes and materials, results, statistics, sporting data and
fixture lists, odds and betting figures, text, graphics, video and audio
content (the "Information"), belong to The Company and our licensors
and are meant for your personal and non-commercial use only.
4.2 You may not
in any way or by any means adapt, copy, modify, reproduce, store, distribute,
display, publish, transmit, sell, rent, lease or license any part or whole part
of the Website or otherwise make the Information available to any other person,
website, or media without our prior consent.
4.3 The
Software, Services and the Information provided on the Website(s) are protected
by copyright, trademarks and other forms of intellectual and proprietary
rights. All rights, title and interest in and to the Software, Services and
Information on the Website(s) are owned by, licensed to and/or controlled by
The Company and/or our licensors. You acknowledge that you do not acquire any
rights, interests, or licences to the Software, Services and the Information
through your use of the Website(s).
As a condition of use of the
Services, you warrant and undertake that you shall not use or access the
Website(s), Services, Software and/or the Information for any purpose that is
unlawful under any law that is applicable to you or that is prohibited by and/or
in breach of these Terms and Conditions. In particular (and in addition to all
other representations and warranties set out in these Terms and Conditions),
you warrant and undertake as a condition of your use of the Services:
i. that you are acting on your own behalf and in your own personal capacity
and not on behalf of another person;
ii. that you are not restricted by limited legal capacity;
iii. that you are not diagnosed or classified as a compulsive gambler;
iv. that you are of the legal age of 18 and above;
v. that you are fully aware of the risk of losing money in the course of using
the Services;
vi. that you are not using or depositing money which originate from illegal or
unauthorised activities;
vii. that you agree that the Provider or a payment processing company on the
Provider's behalf will handle all financial account transactions ("Payment
Processor"). You hereby agree that the Payment Processor reserves the
right to withhold any payments (deposit & withdrawal) should the Payment
Processor have reason to believe or have any suspicion that you may be engaging
in or have engaged in any fraudulent, unlawful, or improper activity;
viii. that you shall not allow other persons to use your account for any criminal
or otherwise unlawful activities including, without limitation, money
laundering, under any law applicable to you or us;
ix.to keep your username, account number and password secure, confidential and
protected against unauthorised access or use and to ensure that you notify us
immediately if you misplace, forget or lose your account name or password;
x.to be solely responsible for any and all activities that occur under the
access to and use of the Services on and through the Website(s) and/or
Device(s) under your username, account number and password regardless of
whether such access and/or use was authorised by or known to you or not;
xi. not to use the Website(s), Device(s), Software or the Information in any
way which interferes the operational performance of the Services and the
Website(s) to other users;
xii. not to solicit or in any manner seek to obtain any information relating to
other users;
xiii. not to upload or distribute any program, file or data that contain viruses
and may affect the operational performance of the Device(s), Software, Services
and/or Website(s);
xiv. that your access to or use of the Services and Website(s) is not illegal or
prohibited by laws or contractual obligations that are applicable to you from
which you are currently accessing the Website(s) or using the Device(s);
xv. not to post or transmit to the Website(s) and/or to the Device(s) or to any
other users, any unlawful, harassing, abusive, threatening, defamatory,
obscene, indecent, inflammatory, racially or ethnically objectionable,
pornographic or profane material, or any that could be considered a criminal
offence;
xvi. that you are not an officer, director, employee, affiliate or agent of The Company or any company related to The Company, or a relative or housemate of any of the foregoing.
xvii. that 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 Betting;
6.1
In order to bet with The Company, you must complete the application for account
opening and membership. We reserve the right to reject your Membership
Application without reference to you or assigning any reason whatsoever.
6.2
You represent and undertake that all information supplied when registering and
completing the Membership Application is accurate, true, kept up-to-date and
complete in all respects including, your name, sources of funds (including the
relevant bank accounts and card numbers) and residential address.
6.3
We will take reasonable and appropriate measures to ensure that any personal
information disclosed to us shall remain confidential. We will not report or
disclose your personal data or betting information unless compelled to do so by
any applicable laws and regulations.
6.4
It is your sole responsibility to keep your personal information confidential.
We reserve the right to disclose and transfer your personal data to our
respective payment settlement service providers and financial institutions to
the extent necessary for the completion of payments.
6.5
It is your sole responsibility to ensure that the laws applicable to you do not
prohibit you from using and accessing the Website(s) and/or using and
participating in the Services.
6.6
We reserve the right to request further evidence of identification and age from
you to verify your Membership Application (e.g. valid picture identification).
If there is any change to your information details, you shall notify us of the
relevant change immediately.
6.7
We reserve the right to confirm your name and address by post. The Company may,
at our discretion, undertake additional security checks against any information
that you provide. You agree that upon request by the Company, you are to
provide any additional documentation required to verify the information you
have provided. By agreeing to these Terms and Conditions you give consent for
The Company to access, use and store any identification verification or checks
that may be made against you.
7.1 We accept bets for games
that are advertised on the Website(s) and/or through the Device(s). All such
bets are subject to the Betting Rules applicable to each event or game, and to
these Terms and Conditions. If a manifest error or mistake occurs or an
incorrect participant is quoted for any event, all bets placed on that event
shall be void. In the event of any malfunction to the The Company gaming
system, The Company reserves the right to void any and all bets placed.
7.2 Notwithstanding any other
provision in these Terms and Conditions, The Company reserves the right, in our
absolute discretion, to decline all, or part, of any bet placed without
providing any reason whatsoever.
7.3 The Company reserves the
right to suspend and or close a customer's account at any time if it is
believed that you have breached any of these Terms or have acted in a manner of
cheating, hacking, attacking, manipulating or damaging the normal betting
spirits. Any winnings and/or payout including balance in the account shall be
deemed forfeited and invalid.
7.4 Any forms of
"abnormal bets" including the use of artificial intelligence or
"bots" on the Internet will be VOID without prior notification. Any
attempt or actual use of artificial intelligence by members will lead to
termination of their account.
7.5 You are responsible and
liable for all activities and transactions that take place through the use of
any of the following:
i.your name;
ii.your account number;
iii.your username and password
7.6 Bets will be deemed valid
and accepted by The Company when a transaction ID is displayed on your screen
and duly reflected in your transaction history.
7.7 No betting is permitted
after the commencement of an event and/or where the outcome of an event is
known at the time of placement of your bet. If any event is erroneously left
open for betting after the commencement of the event and/or where the outcome
of an event is known, The Company reserves the right to decline or void such
bets placed. If for any reason a bet is inadvertently accepted by The Company
after an event or match has commenced, The Company reserves the right to cancel
and void such bet. Acceptance of any bet shall be at the sole discretion of The
Company.
7.8 Unless stated otherwise,
the result of a match or event will be determined on the day of its conclusion
for betting purposes. The winner of an event or game will be determined on the
date of the event's conclusion according to the Betting Rules.
7.9 The Company does not
recognise suspended games, protests or overturned decisions for betting
purposes.
7.10 You acknowledge that any
and all odds, lines and handicaps are subject to fluctuation without notice,
and the foregoing will become fixed only at the time of acceptance of the bet
by us. Where a manifest error, mistake or system failure results in an
incorrect odd, line or handicap taken in a bet, The company may at our absolute
discretion (but shall not be obliged to) make reasonable efforts to contact you
to allow the choice of placing another bet at the correct odds, lines and
handicaps.
7.11 We will not accept any
simultaneously placed bets on one event from you. In respect of any bet and the
associated transactions therewith, the decision of The Company is final and
conclusive.
8.1 You hereby acknowledge and
agree that the Software that is made accessible to you is the property of The
Company and that you do not gain any rights to such Software whatsoever. You
may not in any way or by any means adapt, copy, modify, reproduce, store,
distribute, display, publicly perform, broadcast, publish, transmit, sell,
rent, lease or license or otherwise communicate or make available such Software
to any other person, website or on any other media and/or device.
8.2 The Company grants to you
a personal, non-exclusive, non-transferable and revocable licence to install
and use the Software on your Device(s) (the "Licence") PROVIDED THAT
such installation and use is made through a Device of which you are the primary
user.
8.3 The Software is licensed
and distributed by The Company solely for the purpose of enabling users of the
Software to fully access and utilise the Services.
8.4 You are not allowed to:
i.install or load the Software onto a server of other networked device;
ii.copy, distribute, transfer, assign the Software to any other person;
iii.rent, lease, sub-licence or transfer the Software to any third party;
iv.create or provide any means through which the Software may be used by
others;
v.translate, decompile, disassemble, modify, reverse engineer, adapt, create or make any attempts to create derivative works based on the whole or part of the Software; or
vi.use the Software in a manner prohibited by applicable laws or regulations.
9.1
The Company reserves the right not to settle a transaction in the event of
discrepancies between the bank account and registered name
9.2
Your winnings are exclusive of your bet amount, please take this into
consideration when bets are placed.
9.3
The Company shall not be responsible or liable to you for any funds credited to
an account in error, and The Company reserves the right to void any
transactions involving such funds. If you ever find yourself in a situation
where funds are mistakenly credited to your account, you should contact the
company's customer support or follow the instructions provided in their terms
and conditions for reporting such errors.
9.4
Payment of any taxes, fees, charges or levies that may apply to your winnings
under any applicable laws shall be your sole responsibility.
10.1
Your winnings from settled bets will be credited to your account and shall be
withdrawn in accordance with our Terms and Conditions.
10.2
Funds will not be released under any circumstances if the full value of the
deposited amount is not played through in full.
10.3
Withdrawals of money from your account may only be made in the same currency
you deposited in.
10.4
The bank account used for the original placement of the deposit must be the
same as the name of the registered account.
10.5
The Company reserves the right to charge your account to cover all reasonable
cost relating to both the deposit and withdrawal.
11.1
All promotion offers are limited to one per person. Meaning one per family,
household address, IP address, email address, telephone number, credit or debit
card and/or e-payment account, or shared computer (e.g. school, public library
or workplace). If there is any collusion or usage of multiple account, all
bonus and winning amount will be confiscated.
11.2
Turnover on all types of non-live table games (e.g. Blackjack, Video Poker,
Craps, American Roulette, Baccarat and other non-live table games) and non-slot
games, will not count towards this turnover requirement unless SPECIFICALLY
stated.
11.3
Only valid bets that have been settled with win/loss results will count towards
an effective turnover.
11.4
The required turnover subjected to all bonuses will not be counted as an
effective rebate.
11.5
Given bonuses are only valid for thirty (30) days, starting from the date they
are issued, unless otherwise stated in the bonus’ terms and conditions. If a
player fails to make the prerequisite value of wagers before the expiration,
the bonus funds and money won using money bonus funds will be removed from the
player’s account.
11.6
BK8 reserves the right to decide unilaterally to execute and, at any time
without prior notice, to modify, change, stop, cancel and/or invalidate the
promotion.
11.7
All promotions or special offers introduced are subjected to these Terms and
Conditions. The Company reserves the right to suspend, withdraw or modify such
any promotions at any time.
11.8
In the event that The Company believes a user is abusing or attempting to abuse
a promotion, The Company may, at our sole discretion, block, deny, suspend,
withhold or withdraw any user from the promotion.
11.9
The Company reserves the right to void any or all bets made by any
individual/group of people acting in liaison/collusion and attempts of
fraudulent. The money in the accounts will be confiscated immediately.
12.1 We have a zero-tolerance
policy towards bonus abuse, fraud, taking unfair advantage of us and/or other
suspicious activity, and we reserve the right to block and remove bonuses,
associated winnings and/or deposits from accounts that we suspect, at our sole
direction, are involved in such activities or behaviours.
12.2 We reserve the right to
review transaction records and logs from time to time, for any reason
whatsoever. You hereby consent in advance to this clause. If, upon such a
review, it appears that you are participating, or attempting to participate, in
strategies that we, in our sole discretion deem to be (i) promotional abuse;
and/or (ii) irregular playing; we reserve the right to deny, withhold, revoke
or withdraw your entitlement to any promotion, winnings or bonus, or terminate
your access to the Website and/or block your account. PLEASE NOTE that in such
circumstances, we shall be under no obligation to refund any funds that may be
in your account other than your original deposit amounts.
12.3 "Irregular
play" includes, but is not limited to, any one of the following types of
play:
i.Equal, zero or low margin bets or hedge betting would not be accepted in
any form. For example, Black or Red betting on Roulette or covering more than
24 of the 37 numbers on the table; both side betting including but not limited
to sports and live casino;
ii.Delayed winnings, for example, "free spin" or "bonus"
features initiated with bonus or cash funds, then the Player steps out of the
free bonus or bonus round, and then completes at a later time for example,
after the bonus has been wagered;
iii."Game State Abuse" where the use of bonus funds are used purely
to progress through the bonus stages and then final stages completed with cash
bets when bonus funds have been released or forfeited; and
iv.Leaving large bets on table, for example in Blackjack, and returning after
bonus wagering has been completed; and
v.Whether known or unknown to us, taking advantage of any software or system
bug, loophole, fault, error or failure including, but not limited to, in
respect to any game.
12.4 "Promotional
abuse" includes, but is not limited to, any one of the following types of
play:
i.Working in a syndicate with other players to abuse promotions, deliberately
cheating or other unfair behaviour;
ii.Depositing and withdrawing funds shortly after with the intention to abuse the promotion. For example, deposit funds to receive free spins, and then wager your deposit just over 1 time your deposit value, initiate a withdrawal to not fall foul of clause "No Deposit Bonus" of the Website Terms;
iii.Using multiple accounts to claim a bonus or a free spin offer more than once.
13.1 You
agree to fully indemnify, defend and hold The Company, our employees, officers,
directors, licensees, distributors, affiliates, subsidiaries and agents for any
loss, damage or claims (whether alleged, adjudicated or otherwise ) (including
reasonable legal fees) that may incur out of violation of the Terms and
Conditions and/or Betting Rules and any other liabilities arising out of your
use of the Website and/or Services or by any other person accessing the Website
and/or Services using your account information details.
14.1
The Company does not accept liability for the content, products,
representations of external or third party websites from the public domain. The
Company disclaims any and all warranties, representations and responsibilities
in respect of any aspect of the Services, the Site and the Information, which
may be provided by third parties and shall not on any account be liable for any
default, breach or inaction of third party partners.
14.2
Any participation in the Games is at your sole discretion and risk. By playing
the Games, you acknowledge that you do not find the Games and/or Services to be
offensive, unfair or indecent in any way.
14.3
Some legal jurisdictions have not addressed the legality of online and/or
offshore gambling while others have specifically made online and/or offshore
gambling illegal. We do not intend that anyone should use the Site and/or
Services where such use is illegal. The availability of the Services and Site
should not be construed as an offer, solicitation or invitation by us in any
country in which such use is illegal. It is your sole responsibility to ensure
that at all times you comply with the laws that govern you and that you have
the complete legal right to use the Site and Services.
14.4
Under no circumstances, including negligence, shall The Company be liable for
any damages or losses that are deemed or alleged to have resulted from or
caused by the Site or its content, including without limitation delays or
interruptions in operation or transmission, communications, lines failure, any
person's use or misuse of the site or its content, or any errors or omissions
in content. The Company disclaims all warranties, representations and
responsibilities to the full extent permissible by law and does not warrant
that the Services will be uninterrupted, timely or error-free, that any
electronic correspondences sent through the servers is free from any viruses or
bugs. In the event of error, the Company reserves the right at its sole
discretion to either void any affected result of the Games at any time or to
correct the error. Should any funds be credited to or debited from your account
in error, it is your responsibility to notify the Company in writing of the
error without any delay. Any sums credited to your account due to the error
shall be deemed invalid and shall be returned to the Company.
14.5
In no case does The Company warrant that the services offered match your
expectations or standards and it shall be your responsibility to ensure that
the requisite configuration and essentials for utilizing the services are
maximized. You acknowledge that part or all the Information may be provisional
in nature and may be subject to revision or modification.
14.6
If there is a discrepancy between the result showing on your Device and our
server, the result showing on our server shall govern the result of the Game.
You understand and agree that (without prejudice to your other rights and
remedies) The Company records shall be the final authority in determining the
terms of your participation in the Games, the activity resulting there from and
the circumstances in which they occurred.
14.7
The Company reserves the right to discontinue, modify, remove or add to the
Services, temporarily or permanently, in its absolute discretion with immediate
effect and we shall not be liable in any way for any loss suffered in this
regard.
14.8
This disclaimer supersedes all previous understandings, agreements and
contracts. You hereby accept to indemnify The Company and its affiliates,
employees, agents and associates against all claims, liabilities or expenses,
including but not limited to attorney fees and court charges, arising from your
access or use of the Services and Site, regardless of whether The Company has
been advised of such a possibility or not. By using the Services and Site, you
expressly waive off any right that may arise to you against us.
14.9
This disclaimer shall be read in full and shall be construed only after reading
the same with the terms of use and privacy policy. By using this site, it shall
be deemed that you have read, understood and acknowledged all the terms and
conditions, privacy policy and the disclaimer.
15.1 The Company reserves the
right in its sole and absolute discretion to void any winnings, freeze and
forfeit any balance in your account, and/or to deactivate your account without
cause at any time including, without limitation, if:
i.you have more than one active account with The Company;
ii.the Name does not match the name on the bank account or other payment
accounts used to make deposits and withdrawals;
iii.you participate in a promotion and withdraw before fulfilling the
requirements of that particular promotion;
iv.you provide incorrect or misleading registration information;
v.you have failed to provide the identification information upon request;
vi.you are not of Legal Age;
vii.you access and participate in the Services from a jurisdiction where
participation is prohibited by law;
viii.you deny any of the transactions or deposits that you have made;
ix.you are depositing money originating from illegal or unauthorised
activities;
x.you are found to be cheating or attempting to cheat anyone or any party or
you have employed or made use of an artificial intelligence or other system
designed specifically to defeat the system or you are found to have colluded
with other players in order to defraud The Company;
xi.you have allowed or permitted (intentionally or unintentionally) someone
else to use your account; or
xii.you fail to comply with any of the terms and conditions set forth in this
Agreement
15.2 If the provision of the
Services is suspended and/or your account is suspended or deactivated, the
provision of the Services will only be reinstated and/or your account
reactivated after the necessary rectification has been verified.
15.3 The Company retains
authority over the issuing, maintenance and closing of user's accounts at any
time for any reason. The decision with regards to any aspect of your account,
use of the Services or the Site, is final and shall not be open to review or
appeal. We will give you reasonable notice before doing so, unless
circumstances dictate that we legally or practically cannot do so.
16.1 Links to external websites are provided for your convenience only, and The Company is not responsible for and does not undertake to ensure that contents of such links are accurate, current or maintained.
16.2 The Company is not responsible nor liable for the contents or the privacy practices of the external websites.
16.3 The Company shall not be liable for any loss or damage whatsoever arising from or in any way connected with your use of any link to external websites provided on the Website(s).
16.4
The Company shall under no circumstances be associated or affiliated with any
statement, opinion, trade or service marks, logos, insignias, products,
services or with the operators or owners of external websites.
17.1 We
reserve the right to, in our sole discretion, to add new games or functions to
the Website(s) or to commence, cease, discontinue, restrict access to or modify
any games or functions at any time.
18.1 The Company reserves the
right to seek all remedies in respect of any violation of these Terms and
Conditions, including the right to deny or restrict access to the Services,
Website(s) and Information to any particular person, terminate your account or
to block access from a particular Internet address at any time and at our sole
and absolute discretion.
18.2 You agree to fully
indemnify, defend and hold harmless The Company and its affiliates, employees,
agents and associates from and against all claims (whether alleged, adjudicated
or otherwise), demands, liabilities, damages, losses, costs and expenses,
including legal fees and any other charges whatsoever that may arise as a
result of:
i.your breach of the Agreement, in whole or in part;
ii.violation of any law or third party rights;
iii.use of Services and/or Site by you or other person using your account login
details
19.1
The English language version of this Agreement shall be the prevailing version
in the event of any discrepancy between any translated versions of this
Agreement.
19.2
This Agreement constitutes the entire understanding and agreement between The
Company and you regarding the Services and the Site and supersedes any prior
agreement, understanding or arrangement.