October 13 2009
Terms of use Please read these Terms of Use carefully before using this Site and/or any services provided by Know How Gaming Ltd (below "KHG"). By using the Site and/or any services provided by KHG, you agree to be bound by these Terms of Use. If you do not wish to be bound these Terms of Use you may not access or use the Site or any of the services provided by KHG.
1. GENERAL
1.1 KHG has been issued with a gaming license date 9 September 2009 (the “Gaming License”) by the Isle of Man Gaming Supervision Commission (the “GSC”) authorizing KHG to operate an online casino operation. KHG has its registered office at First Floor, Millennium House, Victoria Road, Douglas, IM2 4 RW, Isle of Man. Company Registration Number is 003639V.
1.2 KHG operates and maintains this website www.#.com (the "Site"). The contractual relationship between you as a player (hereinafter “you” or the “Player”) and KHG, your use of the Site and the games, chat and other services provided by KHG is governed by these Terms of Use, the Gaming License and by the laws of the Isle of Man.
1.3 Playing at KHG is restricted to individuals of legal age as determined in the jurisdiction in which the Player resides, being an individual who has registered as a Player and who holds a Player’s account with KHG. Under no circumstances may a person register or play if he/she is under 18 years of age. Any funds deposited by or any winnings by any such person may be forfeited to the GSC. Please see also Section 7 below concerning restrictions for players from certain countries.
1.4 The Player understands and acknowledges that the games and the other services provided on the Site are for entertainment purposes only. Any use of KHG for any other purposes or intention is strictly prohibited. You hereby acknowledge that your interest in the games and the other services provided by KHG is of a personal nature.
1.5 By registering with KHG you acknowledge and confirm your full acceptance of these Terms of Use and the instructions published on the Site from time to time and that you understand the rights, obligations, terms and conditions set forth herein. Should a Player not fully understand and agree to these Terms of Use, the Player is advised not to register with KHG and not to participate in any of KHG's events. The Terms of use are provided in English and a Swedish version. In case of any discrepancies between the different language versions, the English version shall prevail.
2. USE OF SITE AND SERVICES
Registration
2.1 In order to use the services provided by KHG the Player must open an account (“Player’s Account”). Only one Player’s Account is allowed per Player. KHG reserves the right to refuse any application for a Player’s Account.
2.2 The Player (including in this case any person applying to become a Player) must always provide valid, complete and correct information to KHG. You hereby acknowledge that if any of the information that you provide to KHG is false or incomplete, KHG will not accept your registration as a Player and should you already be registered as a Player with KHG, KHG is entitled and required to cancel your registration as a Player and close your Player’s Account.
2.3 For the purposes of opening a Player’s account with KHG, the Player must complete the applicable online application form and provide KHG with at least the following details: (a) Name and address of the Player (b) Confirmation that the Player is at least eighteen years of age (c) A valid e-mail address belonging to the Player
2.4 Upon registration, the Player must select a user-name and a password. It is recommended that the password should include both letters and numbers, consisting of a minimum of six characters. Players must always log on using their user-name and password when accessing the Site and their Player’s Account. Players may not allow any person, other than themselves, to use their Player’s Account, to access and/or use any materials or information from the gaming system, to accept any prize, or to participate in any of the games.
2.5 The password should never be written-down or communicated to any other person, and should be changed on a regular basis. You are obliged to keep your account information, user-name and password secret and confidential and you are solely responsible for all use of the services through your user-name and password. In case you become aware of any known or suspected unauthorized use of your account or breaches of security you are required to immediately notify KHG hereof in order to suspend your Player’s Account. Any unauthorized use of your user-name or password shall be deemed as your use and you are responsible for all charges to your account until such notification is made to KHG. Should a Player give away, share, or lose its user-name and/or password, KHG will not be held liable for any loss or damage as a result thereof. Player’s Account
2.6 A Player’s Account can have the following status:
Open: A Player’s Account can only be opened by the Player and will remain open as long as the account is not closed by KHG, blocked or terminated by the Player (“Open”).
Closed: A Player’s Account can only be closed by KHG in accordance with these Terms of Use (“Closed”).
Blocked: A Player’s Account can only be blocked by the Player in accordance with Section 2.12 below when the Player wants a break from gaming. The blocking of account will always remain effective for a period of 90 days and the account cannot be opened again until this 90 day period has elapsed even if the Player wishes to do so (“Blocked”).
Terminated: A Player’s Account can only be terminated by the Player with the effect that a new Player’s Account can not be opened until 30 days has elapsed from the day on which the Player terminated the Player’s Account (“Terminated”).
Deposits and wagers
2.7 KHG cannot accept cash payments to the Player’s Account. Currently only the following payment methods are accepted:
(a) VISA
(b) Master Card
(c) Eurocard
2.8 KHG will not accept a wager from a Player unless there are sufficient funds in the Player’s account to cover the amount of the wager. KHG reserves the right to refuse or limit any wager. KHG will not grant a Player any credit. Neither deposits nor winnings are interest-bearing, i.e. the Player will not receive any interest on the balance on the Player’s account. Players are not entitled to make any transfers between Players or between different Player’s accounts.
2.9 KHG will monitor all wagers and account transactions. All wagers are binding for the Player when made. In the event of a game malfunction or use of the website in a way not intended by the design, all related wagers are considered null and void, and the Player’s account will be returned to its starting balance (the account balance prior to erroneous wagering activity).
2.10 The minimum amount of any single transfer (deposit) to a Player’s Account is 10 EUR. In case a transfer is initially accepted and thus shown on the Player’s Account and KHG later receives notice from the card issuer that the transfer for any reason shall be reversed, KHG will temporarily Close the Player’s Account on suspicion of fraud or stolen credit card.
2.11 As a customer protection measure, Players' money held in a Player’s Accounts is protected by a cash-backed banker's guarantee through Barclays Bank on Isle of Man.
2.12 In order to avoid excessive gambling a Player is able to place limits on the Player’s Accounts. Such limit is set by submitting an electronic form available on the Site. Winnings are not included in such limitations. A requested limit will have effect immediately the first time it is submitted and in case a prior limit is lowered. If the limit is raised, such change will have effect the following calendar week. A limit set by the Player will be in effect until the Player itself has revoked or changed such limit.
2.13 The system will by default not accept accumulated deposits over 600 EUR per day from each player. A Player may request to increase this amount to 1000 EUR per day, provided that
(a) the Player must have been a customer with KHG for more than 180 days and have no charge back transactions and
(b) the Player must provide a copy that shows that the credit card and player identity match. KHG will then perform a historical player pattern verification in order to verify that the Player needs to increase the default deposit limit.
2.14 The Player may Block its Player’s Account in its entirety by sending such a request to customer support using the contact form on the Site. Customer Support will then reply to such e-mail with those instructions that the Player is required to undertake in order to finalize the blocking of the Player’s Account. Pay-outs
2.15 The Player always has access to its funds and may at any time request a payout from its Player’s Account however not more than once a week. KHG will execute payouts within three bank days. Bonus money will not be paid out from the Player’s Account. The minimum amount of a single payout is 10 EUR and the maximum amount is 2,000 EUR. In case of amounts in excess of 2,000 EUR, KHG will request additional verification of identity by the Player. In case the Player wants to withdraw a smaller amount than 10 EUR and/or more than one time per week, KHG shall be entitled to charge a fee of 5 EUR from the balance of the Player’s Account. If a Player Terminates the Player’s Account, all funds (except bonus money) will be transferred to the bank account designated by the Player. Please note that only winnings and deposited money may be withdrawn and that bonus money may not be withdrawn.
2.16 KHG actively endeavors to combat money-laundering. Payouts from a Player’s Account to the Player will be made to the account from which the transfer to the Player’s Account was made. In case such payment is made impossible, for example due to restrictions by the card issuer, payment will be made to the bank account designated by the Player upon the Player’s most recent transfer to the Player’s Account. In case a bank account has not been designated by the Player, the Player will be required to fax a copy of the Player’s identification documents to KHG and notify KHG of the bank account to which payment shall be made. An electronic form for such notification is available on the Site. Deposits made to a Player’s Account must be used as wagers in games on the Site. KHG reserves the right to refuse pay-outs from the Player’s Account and to suspend a Player’s Account if this is not used which is not used for wagers on the Site and/or if there is suspicion of any criminal act.
Bonuses
2.17 KHG will from time to time award bonus money to Players which are accounted for separately. KHG reserves the right to refuse or rescind bonuses for any reason. Bonus money cannot be withdrawn from the Player’s Account. Bonus money must be wagered by the Player at least thirtyfive times before any winnings resulting from the bonus money can be withdrawn from the Player’s Account. Winnings and Prizes
2.18 KHG will from time to time offer winnings in the form of goods instead of money. All such good have a monetary value and cannot be exchanged for money. If the Player has received winnings in the form of goods, this will be shown in the Player’s Account history. KHG will contact a Player that has won in order to verify that the address provided upon registration is correct. The Player is required to reply and confirm that the address is correct before KHG delivers the goods.
2.19 From time to time competitions will be held on the Site with different kinds of prizes (“Competition Prizes”). These competitions are completely separate from the game and any Competition Prizes will thus not be shown in the Player’s Account history. Competition Prizes have a monetary value and cannot be exchanged for money. KHG will contact a Player that has won a Competition Prize in order to verify that the address provided upon registration is correct. The Player is required to reply and confirm that the address is correct before KHG delivers the Competition Prize. Any tax levied on Competition Prizes are payable by the Player.
2.20 By accepting any winnings or prize, the Player agrees that KHG may propose to the Player to participate in PR and advertising activities. The Player will not under any circumstances be obligated to participate in such activities. In case the Player elects to participate in such activity no compensation other than the winnings or prize will be paid by KHG.
3. Customer support and complaints
3.1 Support is provided and complaints are handled by KHG through an on-line help desk using the contact form at the Site (the “Customer Support”). All inquiries and complaints must be directed to the Customer Support in writing or in electronic format. A complaint shall be deemed to have been submitted in a valid manner when it contains clear information regarding the Player’s identity and gives all relevant details giving rise to the complaint. If you have submitted a help desk request you are required to allow Customer Support staff adequate time to respond to your complaint. Complaints will normally be handled by KHG within two working days from submission of the complaint by the Player. If you are not content with KHG’s handling of your complaint you may submit your complaint to the Gambling Supervision Commission at www/gov.im/gambling.
3.2 In the event that there is a discrepancy between the game variations as recorded in KHG's database, and that recorded by the Player, the calls recorded in the KHG's game server will be considered valid.
3.3 Spamming of Customer Support (sending repeated copies of the same message) is prohibited. Players are prohibited from harassing or abusing the Customer Support staff. Players are requested to address their concerns without the use of obscenities or threatening language.
3.4 Players are prohibited from discussing a complaint or the length of time within which same has been pending or has been processed by KHG in the chat rooms.
4. Termination and Suspension
4.1 KHG reserves the right to Close your Player’s Account and/or the services provided by KHG with immediate effect and without prior notice if you fail to comply with any provision in these Terms of Use. In case your Player’s Account is Closed you may no longer use the Site and/or the services provided by KHG. If your Player’s Account is Closed due to a material breach of these Terms of Use, KHG shall be entitled to reclaim any winnings that have been paid out or make a set-off of winnings against the balance of the Player’s Account.
4.2 You agree to indemnify and hold harmless KHG and its officers, directors, employees, agents, licensors, suppliers and any third party content and service providers to the Site from and against all losses, expenses, damages and costs resulting from your violation of the Terms of Use.
4.3 The Player accepts and acknowledges that the Player’s Account will be automatically Closed if there has been no transaction on the Player’s Account during a consecutive period of 30 months. If an account has been Closed, the balance on the Player’s Account, minus any bonus money, will be paid out to the Player. If KHG is unable to contact the Player, the money will be forfeited and paid out to the GSC.
4.4 If the Player elects to close its Player’s Account, the Player will not be able to open a new Player’s Account until 30 days has elapsed from the date of closing.
5. Personal data
5.1 KHG is committed to protecting your privacy and personal information. Personal and financial information of Players will be kept confidential. However, under applicable laws and gaming regulations KHG is required to maintain a secure online list of all registered Players which may be disclosed to the GSC for scrutiny purposes. Hence personal data needed to identify a Player and such Player’s gaming transactions will not be deleted even if a Player’s Account is Closed, Blocked or Terminated. KHG may retain such information for the period that is required in accordance with applicable laws and gaming regulations.
5.2 For the purposes of applicable data protection legislation the Player hereby consents to the processing of any and all personal data (in manual, electronic or any other form) in connection with the Player’s transactions in relation to KHG and also marketing of KHG’s services and the services of gaming companies within the same group of companies as KHG. The Player also consents to the processing of personal data for the purposes of detecting and preventing fraud and other criminal activities in relation to KHG and other gaming companies within the same group of companies as KHG. KHG undertakes that it shall not process any personal data relative to the Player for any purpose other than as set forth above.
6. Local laws and prohibitions
6.1 It is the sole responsibility of the Player to understand the laws in his/her jurisdiction of residence relating to all aspects of playing at KHG. Your access to the Site is on your own initiative and you are responsible for your compliance with local laws if and to the extent local laws are applicable. KHG makes no representation that materials on the Site or KHG's services are appropriate, available or allowed in your jurisdiction. KHG is unable to provide any legal advice regarding this matter and KHG accepts no responsibility whatsoever should an individual act in breach of any law or regulation in transacting with KHG in whichever manner.
6.2 Due to applicable laws persons which are citizens of or resident in the following countries are expressly prohibited from using the Site and playing any games provided by KHG. By registering as a Player, you confirm that you are not a citizen of or a resident in any of the following countries: USA, Turkey and Hongkong.
7. LINKS
The Site may provide links or references to other websites. KHG has no particular knowledge of information contained in such other sites and does not endorse companies or products to which it links. KHG does not have any responsibility for the contents or policies of such other sites and does not accept any liability for any damages resulting from your access to or use of such other sites. If you decide to access any of the third party sites linked to the Site, you do so entirely at your own risk. KHG reserves the right to terminate any link or linking program at any time.
8. INTELLECTUAL PROPERTY RIGHTS
8.1 All content on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads and software is owned or licensed by KHG. You may not access, print and download portions of material from the Site unless expressly permitted and then solely for your personal and non-commercial use. Information on the Site may not be altered, distributed or displayed without the express consent of KHG.
8.2 KHG's trademarks, trade names and other symbols included or referenced on the Site (the "Marks") are protected by national and international trademark laws. All use of the Marks is strictly prohibited without KHG's prior written approval. The Marks may not be used in connection with any product or service that is not approved by KHG or in any manner that is likely to cause confusion among customers or that disparages or discredits KHG. The Player does not obtain any rights in relation to the Marks or any other materials on the Site
8.3 If you upload or post materials to the Site (including but not limited to comments, suggestions, problem reports, bug reports and design ideas) you agree that you automatically grant to KHG a non-exclusive, royalty-free, world-wide and perpetual license to use, modify, incorporate and reproduce such materials in any manner and you waive all your moral rights in relation to such materials.
9. LIMITATION OF LIABILITY AND DISCLAIMER
9.1 To the extent allowed under applicable laws, neither KHG nor any of its affiliates or content or service providers accepts any liability for any direct, indirect, special, punitive, incidental, exemplary or consequential damages of any kind arising from or relating to your access to and use of the Site and/or the services provided by KHG. In no event shall KHG's total liability to you for all damages, losses, and causes of action exceed the amount paid by you to KHG.
9.2 KHG does not warrant that the Site or the services provided by KHG will be uninterrupted or error-free or that any defects will be corrected. The Site and the services are provided on an "as is" basis.
10. AMENDMENTS AND CHANGES
KHG reserves the right to amend or change these Terms of Use at any time without prior notice to the Player. The Player shall be deemed to have accepted a change of these Terms of Use in case the Player uses KHG’s services after the change has been implemented. KHG advises you to periodically review the Terms of Use in order to be informed of any changes. KHG further reserves the right to change or modify the content of the Site at any time without prior notification and will not be liable to any party in any way for possible consequences of such changes. KHG may suspend, discontinue or restrict access to any portion of the Site and/or its services at any time and without notice.
11. FORCE MAJEURE
Any failure or delay by KHG in the performance of its obligations of its services shall not be deemed a breach of its obligations to you if such failure or delay to the extent such failure or delay is caused by fire, flood, earthquake, elements of nature or acts of God, public utility electrical failure, acts of war, terrorism, riots, civil disorders, rebellions or revolutions, strikes, lockouts, or labor difficulties, court order, outage, delays or disruptions of the Internet or telecommunications networks, third party nonperformance or any other similar cause beyond the reasonable control of KHG. KHG does not accept any liability for the consequences arising out of any such force majeure events.
12 APPLICATION OF THE TERMS OF USE
These Terms of Use constitute the entire agreement between you and KHG and supersedes any and all prior and existing agreements with regards to the Site and the services provided by KHG. You acknowledge that KHG has not made any representations, promises or agreements to you relating to the subjects addressed by the Terms of Use that are not embodied herein.
13 GOVERNING LAW AND DISPUTES
13.1 By accessing the Site and/or registering as a Player you agree that all matters relating to your access to and use the Site and services provided by KHG shall be governed by and construed in accordance with the laws of the Isle of Man, without giving effect to any principles of conflicts of law. Online gambling debts are enforceable under the laws of the Isle of Man.
13.2 Any dispute arising out of your use of the Site and/or KHG's services shall be settled by the courts of the Isle of Man and you hereby agree to submit to the exclusive jurisdiction of such courts.