RESPONSIBLE GAMİNG
The Responsible Gaming Agreement (RGA) and the Gaming Terms and Conditions (GTC&C) for the services offered by Bahisbey.com and Curaçao eGaming to the Player.
DESCRIPTION - The Responsible Gaming Agreement (RGA) is a legally binding contract that outlines the terms and conditions for participation in games of chance offered by the Brand website. The contract is made between the consumer (player), the gaming service provider and an intermediary to assist in the resolution of disputes. By accepting the contract, you agree to be bound by the Gaming Terms and Conditions (GTC&C). A simplified explanation is provided for each clause, but the actual clauses are the only valid source of information for legal purposes.
RESPONSIBLE GAMING AGREEMENT (RGA)
Articles 1 and 2, RGA: Services and terms and conditions
EXPLANATION - Articles 1 and 2 of the Responsible Gaming Agreement (RGA) explain that you understand and agree that you may win or lose by participating in games of chance under this agreement. The agreement is accompanied by Gaming Terms and Conditions (GT&C) and various policies that are an integral part of the agreement. The Operator may also provide additional guidelines explaining how these policies relate to specific in-game offers, including options to purchase in-game features. It is important that you consider these offers carefully and understand that accepting them binds you to the applicable guidelines.
Article 1
1.1. This agreement (the: “Responsible Gaming Agreement”, the: “Agreement” or: “RGA”), as referred to in Article 6:217, Section 1 of the Curaçao Civil Code (“CCC”), offers the consumer (“You”, the: “Player” or: “End User”) the opportunity to participate in games of chance (“Games”), the outcome of which is primarily determined by random or unforeseen events (“Game Service”). The Game Service is provided through access to a secure and personal area of the Bahisbey.com Brand (the: “Brand”) (“Game Environment”), which may also include alternative designations (the: “Nicknames”). The Game Service must be used solely for Your personal enjoyment.
1.2. The Game Environment is operated by GSR Technology N.V., a company with its legal seat and registered office in Curaçao (the: “Operator”, the: “Gaming Service Organizer”, “Organizer”).
1.3. The Gaming Service is operated under license 1668/JAZ issued by the Governor of Curaçao until October 1, 1996, and this license is operated in accordance with the Ordinance of June 8, 1993 (the: “Ordinance”) of the permanent agent Cyberluck Curaçao N.V., whose legal seat and registered office is in Curaçao and operates under the name “Curaçao eGaming” (the: “Intermediary”) (the: “Gaming License”). The Minister of Finance of Curaçao has authorized the Stichting Gaming Control Board (the: “Gaming Control Board”), a private foundation with its legal seat and registered office in Curaçao, to issue the Gaming License.
1.4. In accordance with the Agreement and the G&C contained herein, You and the Operator may agree to bind a right (the: “Bet”) to a specific and largely uncertain and unpredictable outcome of a Game under various conditions, elements and factors. This event is defined as: placing a “Bet”, also referred to as: “Bet”. If the outcome of the game is declared in your favor (the: “Win”), then you are entitled to a benefit (the: “Prize”). If the outcome of the bet is not declared in your favor (the: “Loss”), you lose your Bet.
1.5. In addition to the offers set out in section 1.4, the Operator reserves the right to allow you to simultaneously participate in a special, simultaneous Game (“Jackpot Game”), the outcome of which may lead to the Winning of an Accumulated Prize (“Jackpot Win”). In addition to winning a Prize, you may also be entitled to receive a benefit not won by participating in a Game but for other reasons, such as providing you with an incentive (the: “Promotion”). A Promotion is not a Prize. The Offer is generally temporary in nature, subject to significant restrictions and may be removed by the Operator when it has ended.
1.6. Pursuant to the Agreement, the Intermediary is appointed by the Organiser and You to assist in resolving any dispute, disagreement, dispute or controversy relating to the Game Service which the Organiser and the Player are unable to resolve amicably between themselves (a: “Dispute”) by a binding decision as implied in section 2 of Article 7:900 of the CCC (the: “Binding Decision”). To this end, the Intermediary shall, at the Organiser’s expense, verify and record the Trademark, the rules and conditions applicable to the Game Service, including any changes or updates, and make such information available to the Organiser and You upon request (this: “Intermediary Service”). The Intermediary shall assign a unique verification reference to each updated version of the Agreement and the GT&C contained herein, which shall be clearly marked at the top of the registered and verified document.
1.7. The Game Service and the Intermediary Service shall be referred to together as the “Services”. The Organiser and the Intermediary shall be referred to together as the “Service Parties”. The Player and Service Parties are collectively referred to as the “Parties to the Agreement” or simply “Parties to the Agreement”.
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1.8. The Agreement and the G&C contained herein are legally binding. Your acceptance of the Agreement and the G&C contained herein is a precondition for the use of the Services.
Article 2, RGA
2.1. The Agreement shall be subject to the terms and conditions set forth in Article 1.2 of the Agreement (: “Game Terms and Conditions or: “GT&C”), which are an integral and inseparable part of the Agreement. These include the policies (: “Policies”) necessary for the proper and legitimate use of the Services.
2.2. The GT&C includes the following Policies:
The Policy set forth in Articles 2 and 3 of the GT&C (: “Exclusion Policy”);
The Policy set forth in Articles 4 and 5 of the GT&C (: “Account Policy”);
The Policy set forth in Article 6 of the GT&C (: “Withdrawal Policy”);
The Policy referred to in Article 7 of the GTC (the: “Information Policy”);
The Policy referred to in Article 8 of the GTC (the: “Promotion Policy”);
The Policy referred to in Article 9 of the GTC (the: “Anti-Abuse Policy”);
The Policy referred to in Article 10 of the GTC (the: “Dispute Policy”);
The Policy referred to in Articles 11 and 12 of the GTC (the: “Complaint Policy”);
The Policy referred to in Article 13 of the GTC (the: “Liability Policy”);
The Policy referred to in Article 14 of the GTC (the: “Communication Policy”).
2.3. You acknowledge, accept and agree that the Operator may make additional details (the: “Guidelines”) available for your review, explaining in more detail how the Policies relate to specific in-game offers (the: “In-Game Offers”); this includes, but is not limited to, the option to purchase certain in-game features (the “Features”).
2.4. You acknowledge, agree and acknowledge that the often temporary nature of In-Game Offers makes it impossible to include them in the GT&C, as the GT&C will need to be updated weekly or daily. You acknowledge, agree and acknowledge that you will carefully consider and agree to be legally bound by any Guidelines applicable to In-Game Offers, which are optional, before accepting such In-Game Offers.
2.5. You acknowledge, agree and acknowledge that whenever and wherever you use the Game Service, it is your sole and personal responsibility to ensure that you are not legally prohibited from doing so.
2.6. You acknowledge, agree and acknowledge that:
The Agreement, the GT&C and the Guidelines contained herein represent the entire Agreement and understanding between the Parties. All prior and contemporaneous agreements and understandings, whether oral or written;
If any term or provision of the Agreement and the G&C herein are declared invalid, illegal or unenforceable in part by an arbitrator or a court of competent jurisdiction, the remaining provisions shall remain in full force and effect, and you shall negotiate in good faith to replace the invalid provision with a valid provision that achieves the same or similar objectives;
The Service Parties shall provide an opportunity to provide feedback regarding the Communications Policy by asking questions, making clarifications or raising concerns regarding the Agreement and the G&C and Guidelines herein.
Concurrent agreements and understandings, whether oral or written;
If any term or provision of the Agreement and the G&C herein are declared invalid, illegal or unenforceable in part by an arbitrator or a court of competent jurisdiction, the remaining provisions shall remain in full force and effect, and you shall negotiate in good faith to replace the invalid provision with a valid provision that achieves the same or similar objectives;
The Service Parties shall provide an opportunity to provide feedback regarding the Communications Policy by asking questions, making clarifications or raising concerns regarding the Agreement and the G&C and Guidelines herein.
2.7. The parties acknowledge, confirm and declare that the Agreement and the G&C contained herein, including the Guidelines, are governed by the laws of Curaçao, as set forth in subsection (j) of paragraph 3 of article 14 of the License Terms.
Article 3, RGA: About the Gaming Environment
NOTIFICATION - Article 3 of the Responsible Gaming Agreement (RGA) explains that in order to participate in the Games, you must register and create an account with a balance representing your entitlement to credits (Game Credits) and other relevant information for game participation. It is important to understand that not all credits can be converted into real world money or goods. The Operator reserves the right to change or terminate the availability, use or transferability of credits.
Article 3, RGA
3.1. In order to participate in the Games, you must access the Gaming Environment as set forth in section 1.1. For this purpose, you must register your credentials. When you register, you are assigned a personal ledger with the Brand (: "Account"). The Account is a statement showing the total amount of credits You are entitled to ("Game Credits" or: "Credits") and other information that may be important to You for the purpose of participating in the Games.
1 or more overviews ("Credit Balance" or: "Balance").
3.2. You acknowledge, accept and confirm that whether or not Credits can be considered resources of economic and intrinsic value ("Assets") depends on the type of Credit:
Credits purchased by exchanging real-world currency for Credits through a deposit ("Deposit"), crediting these Credits to your Account ("Deposited Credits"), are considered Assets. A refund, repayment or otherwise compromised exchange does not qualify as a Deposit;
Credits obtained through regular gameplay or promotions are not considered Assets ("Non-Deposited Credits");
Non-Deposited Credits may only become Assets if they are specifically marked by the Operator as transferable by withdrawal outside the Game Environment into real-world currency, tangible goods or services ("Transferable Credits") ("Withdrawal"). Otherwise, they are considered non-transferable ("Non-Transferable Credits").
3.3. You acknowledge, agree and confirm that:
The distinction between Deposit Credits and Non-Deposit Credits is fundamental;
You must comply with the terms and conditions relating to each type of Credit as set out in the Account Policy;
The Operator reserves the right to modify, suspend or terminate the availability, use or transferability of both Deposit and Non-Deposit Credits in its sole discretion, in accordance with the Account Policy;
You should seek legal or financial advice if you have any questions about the nature, value or transferability of Credits before making any decision regarding the use or disposal of Credits.
3.4. In accordance with the Account Policy, the Account may accumulate Credits:
If you make a Deposit as set out in subsection (a) of section 3.2;
If you receive a Win as set out in section 1.4;
If the Operator makes an upward adjustment to the Balance (this “Adjustment”) due to:
(1) a Promotion being offered;
(2) compensation being awarded, for example, to eliminate a negative customer experience;
(3) correction of a previous downward adjustment.
3.5. In accordance with the Account Policy, Account Credits may be distributed if:
You make a Withdrawal as set forth in subsection (c) of section 3.2;
You purchase a Feature (“Feature Purchase”), including but not limited to the purchase of extra spins (“Free Bets”);
You incur a Loss as set forth in section 1.4;
The Operator makes a downward adjustment to the Balance due to:
(1) an expired Promotion;
(2) the restrictions and limitations set forth in the Account Policy, including but not limited to
the correction of an Excess Balance as defined in section 4 of the GT&C;
(3) a breach of the Anti-Abuse Policy as set forth in the Anti-Abuse Policy;
3.6. You acknowledge, represent and warrant that the Balance only reflects your entitlement to the total amount of Credits as contemplated in section 3.2. ("Total Credit Entitlement" or: "TCE"). In order to calculate your Total Withdrawal Entitlement ("Total Withdrawal Entitlement" or: "TWE"), the Balance must be consolidated in accordance with sections 3.4 and 3.5, resulting in the following equation: "TWE = Total Deposits + Total Gains + Total Upward Adjustments - Total Withdrawals - Property Purchases - Total Loss - Total Downward Adjustments". You acknowledge, represent and agree that the difference between the Total Credit Entitlement and the Total Withdrawal Entitlement are Non-Transferable Credits as contemplated in subsection (c) of section 3.2.
3.7. You acknowledge, acknowledge and agree that the processing of Payments is subject to an ongoing review and review process by financial institutions, which may result in significant delays and restrictions in the processing of Deposits and Withdrawals. Such delays are generally beyond the control of the Operator. You acknowledge, accept and agree that the payment of your Total Withdrawal Rights may be subject to multiple installment schedules (: “Payment Schedule”) for this purpose or other purposes in accordance with the Withdrawal Policy.
3.8. In accordance with Article 14, Section 2 of the Gaming License, your acceptance of the Agreement, including acceptance of the GT&C, is a prerequisite for registering with the Brand and accessing the Gaming Environment. If you do not accept the Agreement and the GT&C contained herein, do not register an Account and you should refrain from using the Gaming Environment if you have an existing account. If you have accepted the Agreement and the G&C but have changed your mind and no longer intend to comply with them, you are obliged to immediately contact the Organizer as set out in the Communication Policy, stop using the Gaming Environment and close your account with the Brand in accordance with the Exclusion Policy.
Article 4, RGA: Acceptance of the Agreement and the terms and conditions contained herein
DESCRIPTION - Article 4 of the Responsible Gaming Agreement (RGA)
Article 4 of the RGA explains that by using the Game Environment or by ticking the acceptance box, you accept and agree to the content of the Agreement and the terms and conditions. It also explains the possibilities offered to you to review these contents.
Article 4, RGA
4.1. By accessing, registering or using the Game Environment or by ticking an acceptance box provided to accept the Agreement and the GT&C contained herein ("Acceptance Box"), you represent that you accept, acknowledge and agree to its contents and that you are legally bound by the Agreement and the GT&C and Guidelines contained herein. This includes, but is not limited to:
Acceptance and compliance with the Agreement and the GT&C contained herein;
Acceptance and compliance with the Policies and Guidelines;
Confirmation that you are not considered an Excluded Person in accordance with the Exclusion Policy;
You represent and warrant that you have the authority to legally bind yourself to the Agreement and the G&C contained herein and that you are entering into the Agreement voluntarily for your personal use and entertainment purposes only;
You represent and warrant that you will refrain from any action, behavior or conduct that violates any Policy or Guidelines or the Agreement and G&C as contemplated in the Anti-Abuse Policy ("Abuse").
4.2. You acknowledge, agree and confirm that Abuse, as contemplated in the Abuse Policy, can have serious consequences for everyone involved and that it is important to act responsibly and ethically at all times. You acknowledge, agree and confirm that the Service Parties will not tolerate Abuse of any kind or nature and that if you are found to have engaged in Abuse of any kind or nature, you may face consequences including, but not limited to, suspension or termination of your Account and legal action. You acknowledge, agree and confirm that compliance with the Anti-Abuse Policy is essential to protecting the rights and interests of not only You but also everyone who uses or provides the Services.
4.3. You agree, agree and confirm to be legally bound by the Agreement and the G&C contained herein. By accessing, registering or using the Game Environment, you are deemed to have accepted, acknowledged and consented to the contents of the Agreement and the G&C contained herein. To this end, the Service Parties will provide you with a reasonable opportunity to review the contents of the Agreement and the G&C contained herein, as provided in section (b) of Article 6:233 of the CCC, in one or more of the following ways:
A link to such contents is provided on the website and with the Acceptance Box, providing the opportunity to download the Agreement and the G&C as provided in subsection (a) of section 1 of Article 6:234 of the CCC;
A copy of the Agreement and the G&C has been verified and registered by the Intermediary as provided in section 1.6 and is available for your review as provided in subsection (b) of section 1 of Article 6:234.
4.4. 4.3. In addition to the tools set forth in this section, you acknowledge, agree and undertake that:
The Agreement and G&C are presented to you for review through a link to a readable, printable and/or downloadable copy of the Agreement and G&C provided at the bottom of the Brand's website;
You always have the option to verify the legitimacy and license status of the Brand by clicking on the Operator's seal. If the seal indicates that the Operator is not properly licensed, immediately discontinue use of the Game Services and contact the Agent for further information in accordance with the Communications Policy.
4.5. You acknowledge, acknowledge and confirm that any individual option described in this article qualifies as a reasonable possibility for you to review the content of the Agreement and the G&C contained herein, as set forth in Article 6:234, Section 1, Subsection (a).
4.6. The original and official version of the Agreement and the G&C contained herein are written in English. You acknowledge, agree and confirm that you are solely responsible for ensuring that you understand all Services provided under the Agreement and the GT&C contained herein, whether with or without the assistance of others, and that you are bound by the GT&C as set out in Article 6:232, even if the Service Parties understood or should have understood that you were not aware of the contents of the GT&C at the time the Parties entered into the Agreement. In addition to the English language, copies may be available in other languages. However, the original English language version will replace any translations.
4.7. Before and after you accept the Agreement and the G&C contained herein, the Promoter may carry out a number of additional, visible or hidden checks in a reasonable attempt to ensure that you are in fact eligible to use the Game Service in accordance with the Exclusion Policy. You have a personal responsibility to cooperate. If you are not eligible or believe that you may not be eligible, under no circumstances will you be able to create an Account.
You should not save and refrain from using the Game Environment and Game Services.
Article 5, RGA: Updates to the Agreement and its terms and conditions
NOTIFICATION - Article 5 of the Responsible Gaming Agreement (RGA) states that service providers have the right to change the Agreement and its terms and conditions. Any changes or updates will be made available to you on the website for your review. The updated Agreement will replace any previous versions and will come into effect two weeks after it is made available. It is the responsibility of the consumer to check for changes regularly. By continuing to use the Services after the updated terms come into effect, the consumer will be deemed to have accepted the Changes. However, updates to the Guides for in-game offers may not be subject to the same terms and it is also important that you review them regularly. Using an in-game offer after an updated guide is deemed to be acceptance of the updated guide.
Article 5, RGA
5.1. You acknowledge, agree and acknowledge that the Service Parties reserve the right to change, update or amend the Agreement and the G&C herein at their sole discretion. Any changes, updates or modifications to the Agreement and these G&C will be made available for your review as set forth in Section 4.3.
5.2. You acknowledge, agree and acknowledge that the updated Agreement and these G&C will supersede all previous versions and will be effective two weeks after they are made available as set forth in Section 5.1 (the “Effective Date”).
5.3. You acknowledge, agree and acknowledge that it is Your responsibility to review the Agreement and these G&C on a regular basis. Continued use of the Services after the Effective Date of the updated terms and conditions will constitute acceptance of the updated Agreement and these G&C.
5.4. Due to the generally temporary nature of the In-Game Offerings set forth in Sections 2.3 and 2.4, any updates to the Guides set forth in Section 2.3 will be exempt and will not be subject to the terms and conditions of this clause. It is Your responsibility to review the Guides on a regular basis. Continued use of an In-Game Offering to which a Guideline applies constitutes acceptance of the updated Guideline.
Clause 6, RGA: Non-transferability
NOTIFICATION - Clause 6 of the Responsible Gaming Agreement (RGA) states that due to the personal nature of the gaming service, you understand and agree that any rights or claims you may have in relation to the services provided under the Agreement cannot be transferred or assigned to any third party. Any attempt to transfer such rights or claims will be considered a breach and will be null and void.
Clause 6, RGA
6.1. You acknowledge, represent and warrant that you are personally bound by any rights or claims arising out of or relating to the Services performed under the Agreement and the GT&C herein, regardless of the legal argument and form of action, whether in contract, tort, strict liability or otherwise. Therefore, such rights or claims cannot be transferred or assigned, in whole or in part, to any third party, as provided in subparagraph 2 of Article 3:83 of the CCC.
6.2. In addition to section 6.1, you acknowledge, agree and undertake that any right or claim arising out of or relating to the Services performed under the Agreement and the G&C contained herein, by reference to articles 15 and 16 of the Game Licence, as Article 2 of the Regulations, requires a personal relationship between You and the Organiser. Therefore, the nature of such relationship prohibits such rights or claims from being transferable or assignable.
6.3. You acknowledge, accept and agree that any attempted assignment or transfer in breach of this clause will be deemed to be an Abuse as set out in the Anti-Abuse Policy and will be null and void.
6.4. You acknowledge, accept and agree that no right or claim may be assigned to a third party in order to confer a disadvantage or advantage as set out in article 6:163 of the CCC.
6.5. This clause shall survive the termination or expiration of the Agreement and the G&C contained herein.
RGA Article 7: Forum Selection
Article 7 of the Responsible Gaming Agreement (RGA) states that any dispute or controversy relating to the Agreement, including breaches or terminations, shall be resolved by arbitration upon notice. You have the option to opt out of arbitration by sending written notice within one month of notice. If you choose not to exercise this option, you are bound by that option.
Article 7, RGA
7.1. Any dispute, controversy, controversy arising out of or relating to the Agreement and the GT&C herein, including the Guidelines , you acknowledge, agree and confirm that any and all disputes, disagreements, disputes, controversies or claims, including but not limited to the breach, termination or validity thereof, including any claim to set aside an award referred to in Section 5 of Article 12 of the GT&C, regardless of the form of action, whether in contract, tort, strict liability or otherwise, shall be resolved by arbitration before the London Court of International Arbitration ("LCIA") in accordance with the rules in force on the date of commencement of arbitration.
7.2. You acknowledge, agree and confirm that the number of arbitrators in the LCIA shall be three and that the venue or legal venue of the arbitration shall be London.
The language to be used in the arbitration proceedings shall be English. The award of the arbitrators shall be final and binding on the Parties and may be enforced in any court of competent jurisdiction.
7.3. You acknowledge, agree and confirm that:
You may opt out of arbitration as set out in Sections 7.1 and 7.2. By notifying the Agent in writing of your withdrawal by email, within one calendar month starting from the date that any of the Service Parties first notified you that they intend to enforce the arbitration clause for a matter specified in Section 7.1.;
If the notice specified under (a) is given or Section 7.1 is deemed invalid or unenforceable, the Parties shall submit the matter to the exclusive jurisdiction of the Court located in London, England. You may waive the choice of court located in London as provided in subsection (a);
If Section (b) is deemed invalid or unenforceable, the Parties shall submit the matter to the exclusive jurisdiction of the court located in your country of residence.
7.4. You acknowledge, agree and consent that arbitration is offered by the Parties as a specialized, faster and less costly alternative to litigation.
7.5. 7.3. If you choose not to exercise any of the rights set forth in section 1, you acknowledge, agree and consent that, under penalty of perjury, you waive any right to appeal to the jurisdiction of an arbitration panel or court and that you will be bound by its decision.
7.6. This clause shall survive any termination or expiration of the Agreement and the GTCs contained herein.
DISCLOSURE - The Gaming Terms and Conditions (GTCs) are an important part of the Responsible Gaming Agreement. They explain the rules and policies that you must follow when using the Gaming Service. These include who is eligible to use the Service, how to exclude yourself if necessary, and how to protect your account. It is important to understand and agree to these terms before using the Service.
GAMING TERMS AND CONDITIONS (GTCs)
DISCLOSURE - Article 1 of the Gaming Terms and Conditions (GTCs) explains that the GTCs are inseparable from the Responsible Gaming Agreement (RGA).
Article 1, GTC
1.1. These terms and conditions (: “Gaming Terms and Conditions” or: “GTC”) apply to the Agreement (: “Responsible Gaming Agreement” or simply: “Agreement” or: “RGA”).
1.2. These GTCs constitute an integral and inseparable part of the Agreement and acceptance of the Agreement and the GTCs contained herein is a precondition for the use of any of the services specified in the Agreement in relation to Article 1, subsection 8 and Article 3, subsection 8 of the Agreement.
Exclusion Policy: Are you eligible to use the Gaming Service?
EXPLANATION - Articles 2 and 3 of the Gaming Terms and Conditions (GTCs) explain the Exclusion Policy, which means that certain persons are not allowed to use the service. If you fall into any of the excluded categories, such as being a minor, having gambling problems or being involved in fraud, you may not use the service. The text also mentions the option to voluntarily exclude yourself from using the service if you feel that you are unable to gamble responsibly. If you request a self-exclusion, the operator will temporarily suspend or terminate your account and you may not be able to withdraw the exclusion for at least one month.
Article 2, GTC
2.1. This article and article 3 outline the Exclusion Policy referred to in article 2, section 2, subsection (a) of the Agreement. You acknowledge, represent and undertake to be legally bound by the Exclusion Policy and to comply with the Exclusion Policy.
2.2. If you are considered an excluded person as defined in section 2.3, you acknowledge, represent and undertake that gambling is not for you ("Excluded Person"). Any use of the Gaming Service by an Excluded Person will be null and void.
2.3. In addition to clause 3 of the Gaming License, an Excluded Person is any person who meets one or more of the following qualifications:
A resident of Curaçao;
A Vulnerable Person as defined in section 2.4;
A Self-Excluded Person as defined in section 3;
A person who agrees to be legally bound by this Agreement and these G&Cs contained herein;
a person who has not been a member of a Household as defined in section 4.6 of the Account Policy;
a person who is not an individual, such as a corporation or trust, including, but not limited to;
a person who acts on behalf of another, as an agent, under false pretenses or otherwise, while using any service provided under the Agreement;
a person who sells, purchases or otherwise transfers the value of any gaming or gambling account to or from another person;
a person who is employed or otherwise involved, directly or indirectly, in the provision of gaming services;
a person who is in a position to influence the outcome of a game of chance that such person is participating in, including, but not limited to, a manager or referee involved in the organization of a sporting event;
a family member of any person specified in (g), (h), (i) or (j);
a person who commits Financial Fraud as defined in the Anti-Fraud Policy.
2.4. A “Vulnerable Person” is defined as any natural person who:
(a) has not yet reached the age of eighteen; or:
(b) is not capable of forming legally binding contracts; or:
(c) the Player’s Account with the Brand has been terminated due to problem gambling behavior.
2.5. A person who is Excluded due to Material Fraud as implied in subparagraph (l) of clause 2.3 of this article shall continue to be Excluded for a period of at least five years.
2.6. “Restricted Person” is any natural person who is restricted by the Operator from using certain elements of the Game Service in connection with any type of problem gambling behavior, including but not limited to Abuse as set out in the Anti-Abuse Policy. A Restricted Person shall remain Restricted for at least one calendar month. Restrictions may include, but are not limited to, prohibitions on playing certain Games or using Promotions as defined in the Promotion Policy.
2.7. If you become an Excluded Person or a Restricted Person while using the Gaming Service, you acknowledge, agree and consent to the exclusions and restrictions in accordance with the Exclusion Policy.
Clause 3, G&C
3.1. This article is part of the Exclusion Policy. It outlines the possibility of voluntarily excluding yourself from using the Gaming Service ("Self-Exclusion"). It is intended to help you manage your gambling behavior. You acknowledge, accept and consent to Self-Exclusion when you feel that you are unable to use the Gaming Service responsibly. You consent to and will comply with the Self-Exclusion procedures set out in this article.
3.2. You acknowledge, accept and consent that the Operator will temporarily suspend or completely terminate access to your Account within two business days of receiving a properly formatted Self-Exclusion request in connection with your declaration that you may be experiencing problem gambling and the full verification of such request, Monday to Friday ("Business Days"), excluding public holidays. ("Self-Exclusion Request")
3.3. A Self-Exclusion Request as set out in section 3.1 shall be deemed to be properly formed if it complies with the criteria set out in section 3.4. If your request does not comply with such criteria, for example if it does not clearly state that your request relates to problem gambling behaviour, the Operator is not required to treat the request as a Self-Exclusion request and the Self-Exclusion Policy will not then apply to your request.
3.4. You acknowledge, accept and confirm that the procedure for Self-Exclusion with the Brand is as follows: If you wish to Self-Exclude from Bahisbey.com, please contact us at the following email address: info@gsr-technology.net. Your email must include the following information:
A clear request stating that you wish to voluntarily Self-Exclude in full (not partially restricted);
The duration of the Self-Exclusion period, which shall be a minimum of three months and a maximum of five years;
Indicate that your request relates to problem gambling behaviour;
Provide a copy of your ID and Proof of Address.
3.5. You acknowledge, agree and undertake that You will be solely responsible for all activity in Your Account during the pendency of Your Self-Exclusion request for the maximum period specified in section 3.2. During such period, the Operator shall have no obligation to invalidate any activity in Your Account, including without limitation Bets placed and Losses incurred, on the basis of the argument that Your Self-Exclusion request is pendency.
3.6. Although a Self-Exclusion request does not qualify You as a Vulnerable Person as set out in subsection (c) of section 2.4, the Operator shall be liable for any action taken in Your Account during such period by reason of the pendency of Your Self-Exclusion request.
It obliges you to conduct further investigations into your personal situation as specified. You acknowledge, agree and undertake that the outcome of such investigation may be that you qualify as a Genuinely Vulnerable Person in accordance with the Exclusion Policy. As a result, you will no longer be eligible to hold your Account.
3.7. Self-Exclusion can only be revoked if you submit a properly formatted request to the Operator and such request is complied with.
The criteria set out in section 3.4 apply. You may request the Operator to revoke the Self-Exclusion no earlier than three months after the Self-Exclusion comes into effect. Whether or not the Operator accepts a request to revoke the Self-Exclusion is at the Operator’s discretion.
3.8. The Operator is obliged to investigate excessive requests to reopen or close an Account for possible misuse of the Self-Exclusion. The outcome of such investigation may result in temporary restrictions on access to your Account or may result in a permanent Exclusion as set out in the Exclusion Policy.
3.9. You acknowledge, agree and undertake that the Operator may only grant you a Self-Exclusion if you already have an existing Account. As Curaçao does not currently provide a national registry of Excluded Persons, it is technically impossible for the Operator to Self-Exclude persons unknown to the Operator. You acknowledge that any personal data required to prevent your access to any gaming related service may be transmitted to the Agent and the Gaming Control Board for future reference in order to compile such a registry. You further acknowledge that non-personal data will be transmitted to the Gaming Control Board on a quarterly basis for oversight purposes.
Account Policy
DESCRIPTION - Sections 4 and 5 of the Gaming Terms and Conditions (GTC) describe the Account Policy for using a gaming service. This policy states that you must keep your account information confidential and not share it with anyone. The Policy also states that there are restrictions and limitations on your account for your own protection and that you are responsible for monitoring your activities and the limits set. If you have multiple accounts within the same household, this may lead to access issues and potential violations of the policy. Finally, your account may be temporarily suspended in accordance with certain policies.
Clause 4, GTC
4.1. This article and Clause 5 outline the Account Policy set out in subsection (b) of Clause 2 of the Agreement. You acknowledge, represent and agree to be legally bound by the Account Policy and to comply with the Account Policy.
4.2. You agree, represent and agree to keep the details of your Account confidential and not to provide these details to anyone.
4.3. You acknowledge, represent and agree that:
Daily restrictions and limitations apply to your Account as set out in Clause 5, notwithstanding any additional restrictions and limitations imposed on you as a personal precaution;
these restrictions and limitations are applied in accordance with Clauses 14 and 15 of the Game License. These are for your own protection and are not subject to negotiation. Additional and specific restrictions and limitations may also apply to your Account. The Service Parties, including customer help desk representatives, are never entitled to exempt you from these restrictions and limitations in any way, shape or form.
4.4. You acknowledge, accept and agree that certain activities of yours, such as placing multiple Bets, receiving temporary Promotions such as Free Bets, may lead to a situation where the maximum value or threshold is exceeded, outside the control of the Operator (“Excess”). It is your personal responsibility to monitor this. Even if your Balance shows a figure exceeding the maximum value or threshold (“Excess Balance”), you are bound by the calculations set out in Article 3 of the RGA. You acknowledge, accept and agree that the Promoter is permitted to adjust any Excess at any time by reference to Article 15, Section 4 of the Gaming Licence.
4.5. You acknowledge, accept and agree that, as the Promoter cannot adequately monitor access to the Game Environment by multiple Accounts within that Household, the Game Service will be denied to all but one member of your household as defined in section 4.6. Therefore, by allowing multiple Accounts, it cannot be excluded that Excluded Persons within the Household may gain access to the Game Service.
4.6. You agree that, as a member of your Household, any individual who:
frequently shares common living arrangements, such as, but not limited to, friends, family and neighbours; or:
uses the Game Service on devices such as, but not limited to, smartphones, tablets and desktop computers;
frequently shares any type of equipment to access the Game; or:
Probably a member of Your Household as set forth in subsections (a) or (b) and actually claims to be such a member.
4.7. At the time of registering your Account, You acknowledge, represent and warrant that You have sole personal responsibility to ensure that no other person in Your Household has previously registered with the Brand. If such registration of multiple accounts is a violation of the Anti-Abuse Policy and the Service Parties are permitted to take appropriate measures to stop Abuse by reference to Section 9.6. If You cannot ensure that none of Your Household members have previously registered with the Brand, then Do not register an Account Yourself and refrain from using the Game Service.
4.8. You acknowledge, represent and warrant that Your Account may be temporarily suspended in accordance with Section 7.7 of the Information Policy or the Anti-Abuse Policy.
Section 5, G&C
5.1. This section applies to the Account Policy. It outlines certain limitations and restrictions set by the Operator. You consent to and abide by the limitations and restrictions set forth in this clause.
5.2. You acknowledge, represent and warrant that the total of Daily Winnings, excluding Jackpot Winnings, as defined in Article 1, Section 4 of the RGA, shall be based on the maximum value calculated in the following currency for the days to be determined in Atlantic Standard Time: Euros (Daily Winnings Limit” or: “DWL”). Any value exceeding the Daily Winnings Limit shall be deemed to be an Excess (or: Excess Balance asset) as set forth in Article 4, Section 4. The Operator shall be obliged to adjust the Excess Balance no later than with any Withdrawal to equal the Daily Winnings Limit as set forth in Article 3, Section 5, Section (d), Subsection 2 of the RGA.
5.3. In calculating the Daily Earnings Limit, the following factors are taken into account:
(a) Total of Earnings and Losses on a daily basis for the one month period (the Revolving Month) prior to the Earnings date (the: “Result”);
(b) Total of Deposits for the Revolving Month prior to the Earnings date (the: “Deposit Amount”);
5.4. The Daily Earnings Limit is determined as the lower of either of the following calculations:
(a) DWL1 = 5,000 Euros
(b) DWL2 = Deposit Amount x 10
5.5. If the Daily Earnings Limit is restricted in accordance with subsection (b) of section 4 of article 5, all Deposits made on the Earnings day prior to such Earnings shall be included in the Deposit Amount. You acknowledge, agree and confirm that Deposits made on the Earnings day but after the Earnings date are not included.
5.6. You acknowledge, agree and confirm that:
(a) Jackpot Games may be offered by different brands and operators. As such, individual operators may impose different limits and restrictions on a Jackpot Win;
(b) the difference between a regular game and a Jackpot Game is fundamental and it is important to carefully consider and understand the limitations and restrictions that apply to Jackpot Wins;
(c) the Operator has set the Jackpot Win limitations and restrictions for the Brand as set out in clause 5 section 7.
5.7. The total of the Daily Jackpot Wins as defined in clause 1 section 5 of the RGA, calculated separately from and not affected by the Daily Win Limit, is subject to a maximum value calculated in the following currency: Euros (the “Jackpot Win Limit” or: “JWL”), where JWL = 10,000 Euros.
Withdrawal Policy
DESCRIPTION - Clause 6 of the Terms and Conditions (GT&C) sets out the Withdrawal Policy. The Policy notes that the possibilities for processing payments under the Curaçao banking system are limited and therefore may be facilitated by collaborating with a third party in another country. It also notes that your withdrawals may be temporarily suspended or divided over time for the purposes of information collection and review. In addition, it clarifies that no compensation will be provided for interest, banking fees or exchange rate fluctuations on withdrawals.
Article 6, G&C
6.1. This Article outlines the Withdrawal Policy set forth in Article 2, Section 2, Subsection (c) of the Agreement. You acknowledge, represent and confirm that you are legally bound by the Withdrawal Policy and that you will comply with the Withdrawal Policy.
6.2. You acknowledge, represent and confirm that the possibilities for processing payments under the Curaçao banking system are limited. You acknowledge, represent and confirm that payments will be processed by the Operator and under its responsibility in accordance with Article 1, Section 2 of the Agreement and in accordance with this Policy and the Liability Policy.
6.3. You acknowledge, agree and consent that your Withdrawals may be temporarily suspended, limited or interrupted for a period of time while we await the collection and review of information as set forth in the uz.
6.4. You acknowledge, accept and agree that no interest, third party banking charges or exchange rate compensation will be paid for any Withdrawal in connection with the Balance, Deposits, Prizes, Jackpots, Promotions or any claims of any kind, regardless of the legal basis and form of contract, tort, strict liability or otherwise.
You acknowledge, accept and agree to waive any right to interest on any amount. You acknowledge, accept and agree that the value of any claim is calculated and paid in the currency or asset specified in section 6.5, unless otherwise determined by the Promoter and in its sole discretion. You acknowledge, accept and agree to waive any right to compensation for fluctuations in the value of any currency or asset.
6.5. Notwithstanding any other restrictions and limitations set forth in the Agreement and the G&C herein, you acknowledge, agree and consent that any individual Withdrawal, as defined in subsection (c) of section 2 of section 3 of the Agreement, is subject to a maximum value (the “Withdrawal Limit”), including the total Withdrawal for a Rolling Month prior to the day the Withdrawal is requested and any Withdrawals made on the same day prior to the Withdrawal (the “Withdrawal Amount”). Days shall be determined in accordance with Atlantic Standard Time. Values calculated in the following currency: Euro.
6.6. The Withdrawal Limit is determined according to the following calculation: Withdrawal Limit = 5,000 Euro
Information Policy
DESCRIPTION - Section 7 of the Gaming Terms and Conditions (G&C) describes the Information Policy. The Policy requires you to provide various types of information, including basic information such as your address and date of birth, as well as additional information requested by service providers. It also states that you must cooperate with all requests for electronic verification of your documents and identity, and that failure to provide information or being dishonest may be considered abuse and may have legal consequences. In addition, it explains that in cases of inconsistencies, changes in your gaming behavior, or suspected policy violations, your account may be temporarily suspended while information is collected and reviewed.
Article 7, GTC&C
7.1. This article outlines the Information Policy as intended in Article 2, Section 2, Subsection (d) of the Agreement. You acknowledge, represent, and agree to be legally bound by the Information Policy and to comply with the Information Policy.
7.2. You acknowledge, represent, and agree to cooperate with any request for information in a timely and complete manner, and that it is in the sole discretion of the Service Parties to determine whether the information provided is sufficient in quantity or quality.
7.3. You acknowledge, represent, and agree that a significant amount of information of reasonable quality is required upon registration of your account, in addition to basic and essential information such as your home address, email address, personal telephone number, and date of birth. To fully use your Account.
7.4. In particular, in the event of suspected Abuse as specified in clause 9, you agree, acknowledge and undertake to cooperate promptly and fully with any request to participate in an electronic verification process offered by a third party specialized in verifying documents and identities.
7.5. You acknowledge, acknowledge and accept that, especially in the early stages of using the Game Service, it may not yet be possible for the Promoter to form a complete and complete picture of how you may behave as a Player, which may lead to corrected results and additional investigations after you have registered your Account. Therefore, you have a continuing obligation to provide the requested information to the Service Parties.
7.6. You acknowledge, acknowledge and accept that failure to comply with the obligation to provide information, dishonesty, may be considered Abuse by the Service Parties in accordance with the Anti-Abuse Policy and may entail legal consequences.
7.7. You acknowledge, acknowledge and accept that your Account may be temporarily suspended in accordance with the Account Policy and the Withdrawal Policy while the information is pending collection and review. Such situations include, but are not limited to:
inconsistencies in information, including but not limited to misspelled names, incorrectly formatted dates of birth, or minor discrepancies in passports or payment information;
changes in your use of the Game Service;
poor quality information;
a reasonable suspicion of a violation of the Anti-Abuse Policy;
exceeding the maximum threshold, including, but not limited to, the extreme case set out in section 4.4.
Promotion Policy
DESCRIPTION - Game Service
Article 8 of the Terms and Conditions (GT&C) describes the Promotion Policy. Promotions are temporary offers such as sales, coupons, gifts and special events. When accepting a promotion, you must read and understand the specific rules and conditions attached to it. It is your responsibility to ensure that the use of a promotion does not exceed certain limits. In the event of abuse of a promotion, the operator may take measures and void all benefits associated with it.
Article 8, G&C
8.1. This article outlines the Promotion Policy set out in subsection (e) of Article 2, Section 2 of the Agreement. You acknowledge, represent and agree to be legally bound by the Promotion Policy and to comply with the Promotion Policy.
8.2. For the purposes of the Agreement and the G&C contained herein, a "Promotion" is any type of temporary offer intended to engage you in using the Game Service, including, but not limited to, sales, coupons, gifts, Free Bets, temporary competitions, special events and loyalty programs. By accepting any type of Promotion, you are responsible for reading, understanding and agreeing to any specific Terms and Conditions attached to such offer, which you have been given a reasonable opportunity to do before accepting such offer.
8.3. You have the choice to accept or decline a Promotion. However, by accepting a Promotion offer, you accept, acknowledge and agree to all Guidelines that are attached to the use of such Promotion.
8.4. You acknowledge, acknowledge and agree that a Promotion is not considered an Asset unless expressly designated by the Operator in accordance with the Account Policy.
8.5. You acknowledge, acknowledge and agree that the restrictions and limitations set forth in the Account Policy apply to all Promotions. You acknowledge, acknowledge and agree that it is your sole and personal responsibility to ensure that the use of any Promotion does not result in an Overage as contemplated in section 4.4 of the Account Policy. Should an Overage nevertheless occur, the Operator is obligated to make adjustments in accordance with the Account Policy.
8.6. You acknowledge, accept and agree that the following will apply to any type of Promotion at any time and will apply even if you are of the opinion that the Promotion offer is not sufficiently clear or is sufficiently clear but you do not understand or do not understand it sufficiently:
Under the Promotion Policy:
(1) a Promotion may only be used within the specific Game in which it is offered, unless otherwise expressly stated in the offer to use such Promotion;
(2) any Promotion is offered temporarily and the option to use it is temporary. If you have agreed to use a Promotion but it remains unused, it will expire one week after you receive it. Depending on the details of the Promotion, it may even expire earlier, but never later;
Under the Account Policy:
unused Free Bets are not Assets and are not Transferable;
The Operator has the right to remove Free Bets from your Account after they have expired;
If a used Free Bet results in a Win, you are only entitled to that Win and not the value of the Free Bet;
The use of a Promotion is limited to one individual, who is the sole member of a Household permitted to an Account and using the Game Service;
Under the Exclusion Policy:
(1) An Excluded Person is never entitled to use a Promotion. The Operator is legally obligated to void and remove any benefits, including Winnings, associated with a Promotion granted to an Excluded Person;
(2) A Restricted Person may not be entitled to use a Promotion. The Operator will void and remove any benefits, including Winnings, associated with a Promotion whose use has been restricted;
8.7. You acknowledge, represent and warrant that any misuse of a Promotion will subject the Operator to, in addition to other measures as set forth in the Anti-Abuse Policy, void any benefits or rights associated with the use of that Promotion.
Anti-Abuse Policy
DESCRIPTION - Section 9 of the Game Terms and Conditions (GT&C) describes the Anti-Abuse Policy. Abuse includes providing false information, creating multiple accounts, using someone else’s payment option or attempting to claim. If you engage in abuse, service providers may take action such as removing benefits, voiding credits or terminating the contract. In addition, if fraud or significant fraud is involved, penalties calculated based on the value of your deposits may also apply.
Article 9, GT&C
9.1. This article outlines the Anti-Abuse Policy as referred to in Article 2, Section 2, Subsection (f) of the Agreement.. You acknowledge, agree and undertake to be legally bound by the Anti-Abuse Policy and to comply with the Anti-Abuse Policy.
9.2. You agree, acknowledge and consent to report any bugs, defects, vulnerabilities or weaknesses to the Service Parties and refrain from exploiting them for your personal benefit or the benefit of others, as this will constitute Abuse. While the Service Parties are committed to preventing bugs, errors, vulnerabilities or weaknesses, whether technical, legal, financial or otherwise, the occasional bug or mistake is never the same. The Service Parties are authorized to correct any bug or mistake in accordance with any Policy.
9.3. Notwithstanding any other behavior or action that may constitute Abuse, you acknowledge, agree and consent that the following behaviors, actions or behaviors, individually or in combination with actions or behaviors of others of equal or different types, shall constitute Abuse:
any act or action of misrepresentation by presenting and/or withholding false information of any kind;
opening multiple Accounts in your name or under another name, by misrepresenting your identity or allowing a neighbor to share any type of equipment to use the Game Service or access the Game Environment;
using a payment option that is in another person’s name or involving individuals to receive payments on your behalf or acting as an intermediary on behalf of another person;
reversing, canceling or refunding payments;
manipulating the outcome of a sporting or competitive event in an unfair and predetermined manner (“Match Fraud”);
manipulating the prices of in-game items, virtual currency or other game assets (“Price Manipulation”);
multiple uses of a one-time Promotion intended for one-time use by only one person;
actions designed to conceal the source of a fund (“Money Laundering”)
any attempt to trade a claim with another person as set forth in section 6 of the Agreement;
any breach of any pledge, oath, promise, law, directive, code of conduct or Guidelines;
Any attempted fraud that would be considered Abuse under the Anti-Abuse Policy.
9.4. For the purposes of the Agreement and the G&C herein:
“Fraud” is defined as a form of Abuse aggravated by intentional misconduct designed to cause harm in order to gain an unfair or unlawful advantage, gain or benefit (“Intent”), including but not limited to misrepresentation or concealment of the truth;
“Material Fraud” is defined as a form of Fraud aggravated by an Intent that, on the balance of probability, involves an Intent significant enough to affect the continuity of any of the Service Parties, such as, but not limited to, an Intent to inherently exploit a bug, error, vulnerability or weakness as contemplated in Section 9.2.
9.5. You acknowledge, agree and confirm that if there is evidence of Intent on the balance of probability, you will consider the Abuse to be Fraud or Substantial Fraud.
9.6. You acknowledge, accept and agree that the Service Parties may take legal action to recover any loss or damage caused by any form of Abuse, including but not limited to:
Remove or void any benefit obtained through Abuse from your Balance;
Void all Transferable and/or Non-Transferable Credits;
Determine your personal liability for costs or penalties incurred due to Abuse, such as third party costs, cross betting or violation of the Account Policy;
In the event of Fraud or Significant Fraud, terminate the Agreement immediately and without liability.
9.7. Despite the possibility of the Service Parties taking the actions set out in section 9.6, you acknowledge, accept and agree that you may be subject to a penalty (“Abuse Penalty”) in excess of the total value of your Deposits as set out in subsection (a) of section 2 of article 3 of the Agreement, at the discretion of the Operator:
In the event of Fraud, calculated at a rate of ten percent, a minimum of one hundred euros and a maximum of one thousand euros;
In the event of significant Fraud, it will be calculated at one hundred percent.
9.8. You acknowledge, accept and agree that the Abuse Penalty may be applied as follows:
By a downward adjustment of the Balance specified in subsection (d) of section 4 of article 3 of the Agreement;
by any immediately collectible claim.
9.9. The failure of the Service Parties to take any action in response to a Player's breach or default shall constitute a waiver of any subsequent breach or default.
It does not mean. Any delay in exercising any right or remedy shall not be deemed a waiver of such right or remedy and shall not prevent the Service Parties from subsequently exercising such right or remedy.
Dispute Policy
EXPLANATION - Clause 10 of the Terms and Conditions of Play (GT&C) sets out the Dispute Policy. If there is a misunderstanding between you and the Organiser, you should attempt to resolve it with them by clearly explaining your position, allowing each other time to respond and avoiding escalation. If the issue escalates into a dispute, you should inform the Organiser of this, explaining the issue, your disagreement and what you consider to be a fair solution. The Organiser will attempt to resolve the dispute if properly explained and brought to their attention within one year and will retain the necessary information for up to two years.
Clause 10, G&C
10.1. This clause summarises the Dispute Policy set out in subsection (g) of clause 2, section 2 of the Agreement. You acknowledge, agree and undertake to be legally bound by the Dispute Policy and to comply with the Dispute Policy.
10.2. You acknowledge, agree and undertake that you have a responsibility to prevent a disagreement between you and the Organiser on how to resolve it, which is defined as a Dispute by reference to section 6 of Article 1 of the Agreement. Cooperation between you and the Organiser can often prevent this from happening. You can help resolve a problem between you and prevent it from becoming a Dispute by:
Clearly explaining your position, providing information, and being polite and respectful in accordance with the Information Policy;
Allowing the Organiser and Yourself a reasonable amount of time to conduct a proper investigation and respond to each other appropriately and respectfully;
Confirming that there are no misunderstandings due to any language barriers;
Not attempting to escalate the situation by making defamatory statements;
Refraining from using the Game Service if you are not suitable, complying with the Exclusion Policy;
Avoid Abuse, comply with the Anti-Abuse Policy;
10.3. If the issue between you and the Organiser nevertheless becomes a Dispute, you must make a reasonable attempt to resolve the Dispute between yourselves. You can help resolve the Dispute by clearly informing the Organiser:
Explaining that there is an issue, when it was first raised and with whom;
If you disagree with the Organiser’s handling of the issue, explaining why;
What you think would be an acceptable solution to the issue;
When do you think the issue should be resolved by?
10.4. You acknowledge, accept and confirm that the Organiser is only obliged to:
This obligation will cease if it has been properly disclosed as set out in section 10.2 and is reported to the Organiser as soon as possible, but no later than one year after the issue arose;
Keep information necessary to investigate the Dispute for a period of up to two years after the Dispute was brought to their attention. Upon expiry of such period, they shall have the right to discard such information.
10.5. You acknowledge, agree and consent to raise a Dispute in accordance with the following procedures:
If you disagree with how your issue with Bahisbey.com has been handled, please contact us at the following email address: info@gsr-technology.net. Your email must include the following information:
(a) a clear description of the issue;
(b) a statement explaining why you disagree with how an issue has been handled.
Complaint Policy: Submitting a Complaint to Resolve a Dispute by Binding Decision
EXPLANATION - Articles 11 and 12 of the Terms and Conditions of Play (GTC&C) explain the Complaint Policy. The policy states that if you are unable to resolve an issue between you and the promoter, you should submit a complaint to the mediator by providing your full name, email address, account details and a clear explanation of why you disagree with the promoter. The mediator will then investigate the dispute, listen to both parties, gather evidence and make a binding decision on how to resolve the dispute. If you fail to comply with the policy or refuse to provide the required information, the mediator may simplify the decision process or reject the complaint. The policy also states that you have one month to opt out of this policy and give you the option to try to resolve the dispute in another way.
Clause 11, G&C
11.1. This clause and clause 12 outline the Complaints Policy set out in subsection (h) of clause 2 of the Agreement. You acknowledge, represent and agree that you are legally bound by the Complaints Policy and will comply with the Complaints Policy.
11.2. A Dispute between You and the Organiser
If this is not resolved, you acknowledge, agree and undertake that you must promptly submit a properly formatted notification (Complaint) to the Intermediary in accordance with the Complaints Policy as soon as possible, but in any event within one year of the Dispute being submitted to the Organiser.
11.3. You acknowledge, agree and undertake that for a notification referred to in section 11.2 to be considered a Complaint, it must include:
Your full name, the email address used to contact the Organiser and the Account details; and also:
A clear explanation of why you disagree with the Organiser on this matter.
11.4. You acknowledge, agree and confirm that if your notification does not comply with these criteria.
If it does not, for example, explicitly mention or explain the existence of a Dispute, the Intermediary is not required to treat the request as a Complaint and the Complaints Policy will not then apply to your notification.
11.5. The Parties acknowledge, agree and confirm the following as set out in Article 1, Section 6 of the Agreement:
By entering into the Agreement, to appoint the Mediator to deal with all Complaints by Binding Resolution, in accordance with the Complaints Policy as set out in Article 7:900, Section 2;
To allow the Mediator to determine, by Binding Resolution, whether the Organiser and or You will be liable to pay a sum of money or to perform other than money. Or, in such binding manner, to dismiss a Complaint in whole or in part and effectively resolve the Dispute by Binding Resolution;
That the Complaint will include all currently unresolved Disputes between You and the Organiser, regardless of the legal argument and form of action, whether in contract, tort, strict liability or otherwise;
That a Complaint may include an assessment of whether an act or conduct is justifiably considered to be Abuse in accordance with the Anti-Abuse Policy;
The Mediator will investigate the Dispute as follows:
Listen to your and the Organiser’s perspectives;
Determine the scope of the Dispute and confirm this with You and the Organiser;
Allow You and the Organiser to respond to each other’s perspectives and provide evidence;
Request any additional information it deems necessary to properly investigate the Dispute, including, but not limited to, the following, at a cost to be borne by the Organiser:
(i) request mandatory verification of identity by a third party;
(ii) request an audit of the Balance by a financial professional, including, but not limited to, an accountant.
Provide You and the Organiser with its preliminary findings, allowing them to comment on them and determining that You and the Organiser have been sufficiently heard;
Review the preliminary findings, take into account the comments of the Player and the Organiser;
Provide You and the Organiser with its Binding Decision as set out in sub-clause (a) of clause 11.5.
The Intermediary shall prepare its Binding Decision in accordance with the rules and conditions of the Gaming Service set out in the Agreement and the GT&C hereof, the facts, the Player’s personal circumstances, applicable legal provisions, industry and other customs, codes of conduct and what is known to be reasonable and fair considering the circumstances of the Complaint;
The Binding Decision shall in all cases include:
The names of the Player and the Organiser;
A description of the Complaint and a brief summary of the facts;
The arguments put forward and all evidence;
The perspectives of the Player and the Organiser in relation to each other’s arguments;
The result of the investigation conducted by the Intermediary; The reasons for the Binding Decision;
The Binding Decision determining the legal position between the Player and the Organiser and how the Dispute will be resolved;
The date of the Binding Decision;
The Parties’ options for appealing the Binding Decision as set out in the Complaint Policy.
The Intermediary shall, at 11.5. As set out in sub-clause e(5) of Article 11.6. The Parties acknowledge, confirm and declare that the Binding Decision shall bind the Parties for the purpose of resolving the Dispute and eliminating any uncertainties regarding the legal position, as set out in section 1 of Article 7:900 of the CCC, and that it is intended to be binding and enforceable, even if such a position deviates from any pre-existing legal position. The Binding Decision shall bind the Parties from the day on which the Intermediary provides a copy of the Binding Decision to the other Parties.
11.7. The Parties acknowledge that the Intermediary may deviate from the procedures set out in sub-clauses (d) and (f) of Article 11.5 and may only use a simplified version of the Binding Decision, which sets out the legal position between You and the Intermediary and how the Dispute will be resolved.
, acknowledges, accepts and agrees that it will be satisfied with a clear version. If during the Complaint handling process, You or the Promoter fail to comply with any Policy, including but not limited to:
failing to comply with a request for additional information promptly or fully or being deliberately dishonest or misleading;
other types of Abuse as defined in the Anti-Abuse Policy.
11.8. Before exercising the option set out in clause 11.7, InterAracı will allow the non-compliant Party three Business Days to make an explanation or correction.
Clause 12, G&C
12.1. This clause is part of the Complaints Policy. It outlines the procedures for appealing against a Binding Decision. You consent to and must comply with the procedures set out in this clause.
12.2. The Parties acknowledge, agree and confirm that, provided that a properly formatted request is received by the Intermediary within seven Business Days, the Player and the Organiser are entitled to a reconsideration of the Binding Decision (hereinafter: “Reconsideration”). Such request shall be deemed to be properly formatted if it is submitted to the Intermediary by the Player or the Organiser in accordance with the Communication Policy and contains a clear explanation of why the Party requesting the Reconsideration does not accept the Binding Decision.
12.3. The Parties acknowledge, agree and confirm that:
The request for Reconsideration shall include all evidence, documentation, arguments or points of view that the requesting Party intends to provide for the purposes of the Reconsideration;
The other Party shall be permitted to respond to the points of view of the Party requesting the Reconsideration and shall be permitted to submit evidence in support of a point of view;
The Intermediary shall reconsiderate the Binding Decision in accordance with the procedures set out in section 11.5;
The Intermediary shall reconsidere the Binding Decision in accordance with the procedures set out in section 11.5. shall prepare a supplementary Binding Decision as provided in subsection (a) of this section and shall incorporate a statement on behalf of the management of the Intermediary that it has been duly informed of the Re-Assessment. It shall be annexed to the Re-Assessed Binding Decision and shall bind the Parties equally as provided in section 11.6;
For the purposes of the Re-Assessment, the Intermediary may exercise the option provided in section 11.7 equally.
12.4. The Parties acknowledge, confirm and declare that the Player and the Organiser have the right to request the Gaming Control Board to express an opinion on whether the Intermediary has implemented the Complaints Policy appropriately. The Parties acknowledge, confirm and declare that:
The Gaming Control Board shall have no obligation to give such opinion;
such opinion shall not affect the Binding Decisions in any way.
12.5. The Parties agree, under penalty of inadmissibility in arbitration or in court, to the CCC's Rules 7:904. The Parties acknowledge, confirm and declare that a request to set aside a Binding Decision may only be submitted to a competent panel or arbitration or court as provided in Article 12.6.
(a) within one calendar month after the Binding Decision was issued to such Party; and
(b) after the Mediator has been requested to reconsider the Binding Decision pursuant to Article 12.2; and
(c) after the Gaming Control Board has been requested to give its opinion pursuant to Article 12.4.
12.6 The Parties acknowledge, confirm and declare that if the Parties are deemed to be legally bound by the Agreement and the G&C herein, they will refrain from making a request to set aside based on arguments that would suggest that the Parties are not legally bound, as provided in Article 12.5, such as, but not limited to:
"I do not wish to be bound by the outcome of the Binding Decision because it is not in my favour";
"Although I have not waived the Compliance Policy, I do not trust the Mediator's assigned role";
“I did not properly understand the Agreement and the G&C herein”;
“I was not given a reasonable opportunity to review the Agreement and the G&C herein”;
“I was coerced or deceived into participating in the Binding Decision”;
“I was not aware or was not sufficiently aware or informed that I could opt out of the Complaint Policy”;
“I am not bound by the Agreement and the G&C because a right was assigned to me by someone else”;
“Certain information that I do not share with the Intermediary will put the matter in a different perspective”;
12.7. The parties acknowledge, accept and agree that:
The Binding Decision will be deemed admissible in accordance with the standards of reasonableness and fairness set out in Article 7:904, section 1, if you seek to set aside it as set out in section 12.5, without complying with the requirements set out in this section and section 12.6, and because you will ignore the less intrusive recourse options reasonably provided against the Binding Decision; The Agent shall, in its Binding Decision, determine only the relationship between the Player and the Organizer regarding their performance within the boundaries of the Gaming Service as specified in subsection 6 of article 1 of the Agreement.
Any restriction or limitation imposed under any of the Policies shall be deemed reasonable and fair as implied by Article 7:904, section 1, CCC, as such restrictions are derived from the Game License and apply to You.
Your own protection as implied in Article 4.3, sub-clause (b);
If any provision or term of a Binding Award is declared by an arbitrator or a court of competent jurisdiction to be partially void, invalid, illegal or unenforceable, the remaining provisions of the same shall remain in full force and effect. You acknowledge, agree and consent to negotiate in good faith to replace the invalid provision with a valid provision that achieves the same or similar objectives as set forth in Article 7:904, section 2, CCC;
12.8. You may opt out of the Complaints Policy by seeking other means to resolve a Dispute for any reason, for example on the grounds that a Binding Award would be unacceptable under the standards of reasonableness and fairness under the circumstances. You may opt out personally by sending Curacao eGaming an email stating that you wish to opt out of the Complaints Policy within one calendar month of any Service Party first notifying you that they intend to comply with the Complaints Policy. By opting out, you will be deemed to have opted out of that Policy for the specific Dispute between You and the Organizer.
12.9. You acknowledge, agree and confirm the following:
You will be provided with another opportunity to opt out of the Complaints Policy within one calendar month of receiving notice from any Service Party that they intend to comply with the Complaints Policy;
If you have not opted out of the Complaints Policy, you will be legally bound by and obliged to comply with that policy and will comply with the Binding Decision and, given the multiple opportunities provided to opt out, the Binding Decision will be deemed acceptable under the conditions that are specified to be acceptable by reasonable and fair standards as set out in Article 7:904 of the CCC.
Liability Policy
DESCRIPTION - Article 13 of the Terms and Conditions of the Game (GTC) describes the Liability Policy. It states that you must comply with and accept the liability limitations that come with using the Services. If there are any issues or disputes, you must raise them within a certain time limit, otherwise they will not be considered. The rules and restrictions set forth in the text are intended to protect both the service providers and the consumer, and encourage responsible use of the Services.
Article 13, GTC
13.1. This article outlines the Liability Policy as implied in subsection (i) of Article 2, Section 2 of the Agreement. You acknowledge, represent and undertake that you are legally bound by the Liability Policy and that you will comply with the Liability Policy.
13.2. You acknowledge, agree and agree that the following limitations of liability apply to the Services provided under the Agreement and the G&Cs herein, regardless of the form of action, whether in contract, tort, strict liability or otherwise:
By making a Deposit, you assume a certain level of risk associated with the use of the Services. The maximum liability of the Service Parties to the Player for any damages, losses or claims arising out of or related to the use of the Services shall therefore be limited to the total amount of the Deposits;
Under penalty of inadmissibility in arbitration or in court, any claim arising out of or related to the Agreement and the G&Cs herein, including the breach, termination or validity thereof, shall be brought no later than two years after the date on which the potential cause of action for such claim arose. Any claim not brought within such two-year period shall be deemed waived and forever barred;
Under penalty of inadmissibility in arbitration or in court, none of the Service Parties, except the Operator, shall be liable for any matter relating to Withdrawals as defined in the Withdrawal Policy. This includes, but is not limited to, any discussion, dispute, controversy or difference of opinion regarding the transferability of Credits as set forth in the Account Policy;
The Intermediary shall not be liable for any act or omission in relation to the Complaint Policy, including the content of the Binding Decisions;
If a third party is deemed to be a subsidiary of any of the Service Parties, such subsidiary may assert any legal defenses incurred by the Service Parties as if such subsidiary were a party to the Agreement and the GT&C contained herein, as provided in Article 6:257 of the CCC.
13.3. You acknowledge, agree and undertake that the Agreement and the GT&C contained herein apply solely between the Parties. Any applicable
Despite any limitation, if the breached standard fails to protect against the damage suffered by the injured party, as set out in Article 6:163 of the CCC, there shall be no liability to pay compensation.
13.4. The restrictions and limitations set out in this clause:
(a) represent a reasonable allocation of risk, given the commercial nature of the Services, because:
(1) they reflect the value of the consideration provided by the Player to the Service Parties;
(2) the allocation of risk is reasonably divided and consistent with the responsibilities and duties of each Service Party under the Agreement and the GTCs herein.
(b) encourage responsible gaming behaviour and discourage excessive gambling, because Players are more likely to act with caution when they know that their potential losses are limited to the amount of the Deposit made.
13.5. This clause shall survive any termination or expiration of the Agreement and the GTCs herein.
Communication Policy
DESCRIPTION - Article 14 of the Terms and Conditions of the Game (GTC) describes the Communication Policy. It emphasizes the importance of keeping your personal information up to date and being careful when communicating with others. It also states that only certain methods of communication should be used with the organizer and the intermediary. It states that no one can change these rules without permission and that unauthorized changes may have legal consequences.
Article 14, GTC
14.1. This article outlines the Communication Policy as set out in subsection (j) of Article 2, Section 2 of the Agreement. You acknowledge, declare and undertake to be legally bound by the Communication Policy and to comply with the Communication Policy.
14.2. You acknowledge, declare and undertake that any information or notification sent by e-mail regarding the Agreement and the G&C contained herein shall be deemed valid and legally binding.
14.3. You acknowledge, declare and undertake as follows:
In accordance with the Information Policy, you are obliged to keep your personal information up to date; this includes, but is not limited to, ensuring that your email address is kept up to date;
You have an obligation to ensure that you are communicating with a legitimate Party;
There are several ways to verify whether you are communicating with a legitimate Party, as per Article 4, Sections 3 and 4 of the Agreement;
You should not provide any information of any kind if you are not sure whether verifiable information is provided;
You should never respond to emails that appear suspicious, such as emails that do not use a personalized domain name or a generic email service such as “@gmail.com” or “@hotmail.com”;
If you find anything suspicious, report it immediately to any of the Service Parties;
Any headings, subheadings or text marked “DESCRIPTION” in the Agreement and G&C are for illustrative purposes only. You may not use them to assert any legal claim or obtain any legal rights from them. The actual legal clauses are the only valid source of information for legal purposes.
14.4. You acknowledge, accept and agree that obvious errors, including typographical or spelling errors, contained in the Agreement shall not be binding on the Parties. Such errors, when clearly identifiable as unintended errors, shall be subject to correction or explanation without invalidating the remaining provisions of the Agreement and the G&C herein. Notwithstanding the foregoing, any suggested correction or explanation of obvious errors shall be subject to the mutual agreement of the Parties.
14.5. You agree, accept and agree to use only the following methods of communication with the Organizer:
For all matters concerning Bahisbey.com, please contact us at the following email address:
support@bahisbey.com
14.6. You agree, accept and agree to use only the following methods of communication with the Agent:
To submit your complaint: visit curacao-egaming.com and use the Complaints portal to submit your complaint;
To request a Reconsideration of a Binding Decision or review by the Gaming Control Board: Send an email to Curaçao eGaming at the following address: player-support@curacao-egaming.com;
(c) to opt out as provided in section 7.3. To opt out as provided in section 12.8 of the Complaint Policy: Send an email to Curaçao eGaming
(d) to opt out as provided in section 12.8 of the Complaint Policy: Send an email to Curaçao eGaming
(e) for matters visit curacao-egaming.com and select the communication method provided to contact Curaçao eGaming.
14.7. No person or entity shall have the right to modify or amend the Agreement and the G&C contained herein without the prior written consent of the Service Parties. Any unauthorized distribution or modification may result in legal action and the exercise of all remedies available under copyright law.