1. ABOUT US
1.1. The website www.bitsler.com (and, as the case may be, its associated bitsler branded websites) (the "Website") are operated and controlled by Oyine NV, a limited liability company incorporated under the laws of Curaçao registered with the Curaçao Chamber of Commerce and Industry under number 144430, having its registered office at Heelsumstraat 51 E-Commerce Park, Vredenberg, P.O. Box 422, Curaçao. Oyine NV operates with a valid Certificate of Operation. Oyine N.V. has an application (OGL/2024/930/0387) for a gaming license in progress with the Curaçao Gaming Control Board. Until that process is concluded, based on a transitional arrangement, the company is permitted to continue its operations under this Certificate of Operation. This Certificate of Operation is subject to the National Ordinance on Offshore Games of Hazard (Landsverordening buitengaatse hazardspelen, P.B. 1993, no. 63) (NOOGH).
1.2. We ensure that sufficient funds are available at all times to meet our obligations to you.
1.3. References in these Terms and Conditions to "Bitsler", "we", "us" or "our" will be to Oyine NV.
1.4. We will communicate with you by email to your registered email address (the "Registered Email Address"). We may also communicate with you by short message service to your registered mobile phone number (the “Registered Phone Number”) as provided when opening your account with us and through our Website our dedicated Live Chat service.
1.5. If you have any questions, complaints or comments regarding the Website or the Terms and Conditions please kindly contact us by emailing support@bitsler.com
2. ACCEPTANCE OF TERMS AND YOUR RELATIONSHIP WITH BITSLER
2.1. By using, accessing and/or having access to any part (including but not limited to sub-domains, source code and/or the Website API, whether visible or not) of the Website and/or registering an account on the Website and/or using any of the services we provide via our Website (the “Services”), you agree to be bound by and you may be deemed to have accepted and understood:
(a) these Terms and Conditions as updated from time to time;
(b) our Privacy Policy as updated from time to time which is set out here;
(c) our Cookies Policy as updated from time to time which is set out here;
(d) our Responsible Gaming Policy as updated from time to time which is set out here;
(e) the rules applicable to each of the gaming and sports-betting products and services that we offer as updated from time to time which can be found by clicking on the “Info” button provided in each service (“Game Rules”);
(f) all such other of our terms and conditions, rules or policies as they relate to any applicable Service that we offer, promotions, bonuses, special offers or any other aspect of your use of the Services as provided in the dedicated sections of our Website and as updated from time to time;
(g) you also agree to be bound by the terms and conditions associated with each of those services, including but not limited to the terms and conditions as updated from time to time of relevant third-party service as set out in Appendix 1.
2.2. You agree to the use of electronic communications in order to enter into these Terms and Conditions and you waive any rights or requirements under applicable laws or regulations in any jurisdiction that requires an original (non-electronic) signature, to the extent permitted under applicable law. The Terms and Conditions shall come into force as soon as you complete the registration process, which includes checking the box accepting these Terms and Conditions and successfully creating an account. By using our Services or any part of the Website following account creation, you agree to be bound by these Terms and Conditions as they may be updated from time to time.
2.3. Please read the Terms and Conditions carefully in their entirety before registering an account with us. If you do not accept them you are not allowed to use our Services or use, access and/or have access to any part of the Website.
2.4. The current version of these Terms and Conditions is valid until a new version is made available on the Website. We reserve the right to amend these Terms and Conditions at any time and without advanced notice for any reason including (without limitation) for commercial reasons, to comply with law or regulations, to comply with instructions, guidance or recommendations from a regulatory body, or for customer service reasons. If we make such amendments, we will make our best efforts to take appropriate steps to bring such amendments to your attention but it shall be your sole responsibility to check for any amendments, updates and/or modifications and you are thus encouraged to review the Terms and Conditions on a regular basis. If an amendment is not acceptable to you, you should stop using our Services, the Website and/or close your account. Should you continue to use our Services or Website after the date specified as the date of entry into force of the amended Terms and Conditions, you will be deemed to have accepted to be bound by such amendments, updates and/or modifications.
2.5. These Terms and Conditions may be published in several languages for informational purposes and ease of access by players only. The English version is the only legal basis of the relationship between you and us and in the case of any discrepancy with respect to a non-English version, the English version of these Terms and Conditions shall prevail.
2.6. References to "you", "your" or "the customer" relate to a person using the Website or the Services and/or all customers registered with bitsler.
3. PRE-CONDITIONS TO OPENING AN ACCOUNT
3.1. In order to register an account (an "Account") with us you hereby agree, warrant and represent that at all times when using our Services:
(a) You are a natural person of at least (i) 18 years of age or (ii) such other legal age or age of majority as determined by any laws applicable to you (whichever higher). It is an offence for an underage person to open an account or to gamble with Bitsler. We reserve the right to request proof of age documentation from any applicant or customer at any time, to freeze accounts until satisfactory documentation has been provided and to void any wagers by a minor.
(b) You are in a country where it is lawful to place bets on our Website and use our Services (if in doubt, you should seek local legal advice). It is your sole responsibility to ensure that your use of the Website and Services is legal. You may not use the Website and our Services in any country which may prohibit the offering of online gambling to its residents or to any person within such country. We make no representation as to the legality of the Services in jurisdictions other than Curaçao.
(c) You are not a resident of the following countries:
(i) American Samoa
(ii) Aruba
(iii) Australia
(iv) Austria
(v) Belarus
(vi) Belgium
(vii) Bonaire, Saint Eustatius and Saba
(viii) Curacao
(ix) Cyprus
(x) Denmark
(xi) Ethiopia
(xii) France
(xiii) Germany
(xiv) Gibraltar
(xv) Greece
(xvi) Guam
(xvii) Hong Kong
(xviii) Hungary
(xix) Iran
(xx) Iraq
(xxi) Italy
(xxii) Malta
(xxiii) Netherlands
(xxiv) Northern Mariana Islands
(xxv) North Korea
(xxvi) Poland
(xxvii) Portugal
(xxviii) Puerto Rico
(xxix) Sint Maarten
(xxx) South Sudan
(xxxi) Spain
(xxxii) Sudan
(xxxiii) Sweden
(xxxiv) Switzerland
(xxxv) Syria
(xxxvi) United Arab Emirates
(xxxvii) United Kingdom
(xxxviii) United States
(xxxix) United States Minor Outlying Islands
(xxxx) United States Virgin Islands
(xxxxi) Yemen
(xxxxii) and any other country that may prohibit the offering of online gambling to its residents or to any person within such country.
(d) You have full capacity to enter into a legally binding agreement with us and you are not restricted by any form of limited legal capacity.
(e) When sending cryptocurrency to us you are authorized to do so (e.g., you are the authorized holder of the wallet you use).
(f) You must use our Services for legitimate betting purposes only and must not, nor attempt to, manipulate any market or element within our Services in bad faith or in a manner that adversely affects the integrity of our Service or us.
(g) Your account is for your sole personal non-professional use only and shall not be used for any professional or commercial purpose or by any third party.
(h) All information provided at registration is your information and, in all respects, accurate and complete, and you agree to inform us immediately of any changes in such details or promptly change such details yourself on the Website.
(i) You are only allowed to register one (1) Account with us in accordance with Article 14 of these Terms and Conditions. Accounts are subject to immediate closure if it is found that you have multiple Accounts registered with us. This includes the use of representatives, relatives, associates, affiliates, related parties, connected persons, and/ or third parties operating on your behalf.
(j) You shall not attempt to sell or otherwise transfer the benefit of your Account to any third party and nor will you acquire or attempt to acquire an Account which has been opened in the name of a person other than yourself.
(k) You have not previously had an account closed by us for any reason (other than by reason of it becoming a Dormant Account or upon your request subject to our Responsible Gaming Policy).
(l) You are solely responsible for reporting your winnings and losses to the tax authorities and/or other authorities in your jurisdiction with respect to any taxes applicable to you under relevant laws.
(m) You are fully aware and understand that by using our Services there is a risk of losing funds deposited in your Account. In relation to your losses, you shall have no claims whatsoever against us or any partner, or respective directors, officers or employees.
(n) You agree that bets are only valid when accepted in accordance with the applicable Game Rules.
(o) You are not, at the time of registration and at any time while using our Services or the Website, subject to a self-exclusion or cool-off period from a Bitsler account and you are not registered with a national self-exclusion register which excludes you from gambling.
(p) You are not diagnosed or classified as a compulsive or problem gambler. We shall not be held accountable if such gambling problem arises whilst using our Services or the Website but will endeavor to inform of relevant assistance available.
(q) When placing bets on the Website or using our Services you must not use any information obtained in breach of any legislation.
(r) You are not affiliated to any professional organization, sporting or otherwise, that prohibits gambling on any product or range of products.
(s) You are not prohibited for any reason from betting with us or from using our Services or the Website.
(t) You are not an officer, director, employee, consultant or agent of Bitsler or working for any company related to Bitsler, or a relative or spouse of any of the foregoing.
(u) You shall only use funds and use payment methods that are under your control and that lawfully belong to you for deposits and withdrawals. You will not deposit funds originating from criminal and/or unauthorized activities.
(v) You are not using or intending to use or intending to allow any other person to use your Account for any prohibited or unlawful activity (under any applicable law), including but not limited to, fraud or money laundering.
(w) You shall not use any software-assisted methods or techniques or hardware devices for your use of any of the Services.
(x) You shall generally act in good faith in relation to use of the Website and our Services at all times.
(y) You understand that cryptocurrencies are not considered a legal currency or tender and, as such, they shall be treated as virtual funds with no intrinsic value on the Website and for the purposes of our Services. Notwithstanding the foregoing, you understand that the market value of cryptocurrencies can be highly volatile and agree that we shall not be held accountable for any losses arising from a swing in the cryptocurrency markets, including in the event your Account is suspended for whatever reason or there is a delay for whatever reason in processing deposits or withdrawals of funds from your Account.
(z) You accept and acknowledge that we reserve the right to detect and prevent the use of prohibited techniques, including but not limited to fraudulent transaction detection, automated registration and signup, gameplay and screen capture techniques. These steps may include, but are not limited to, examination of your devices’ properties, detection of geo-location and IP masking, transactions and blockchain analysis.
(aa) You accept our right to terminate and/or change any games or events being offered on the Website, and to refuse and/or limit bets.
4. ACCOUNT REGISTRATION AND VERIFICATION
4.1. Upon Account registration you will be required to provide selected personal information (including without limitation name, date/place of birth, residential address, contact mail or mobile number). It is your responsibility to ensure that all your personal details are current, complete and up-to-date, as failure to do so may result in a breach of these Terms and Conditions. You can update your personal details via the Website.
4.2. We identify and communicate with you via your Registered Email Address. It is your responsibility to maintain an active and unique email account, to provide us with the correct email address, and to inform us of any changes to your Registered Email Address. You are wholly responsible for maintaining the security of your Registered Email Address to prevent the use of your Registered Email Address by any third party. We shall not be responsible for any damages or losses deemed or alleged to have resulted from communications between you and us using your Registered Email Address. Should you stop having an email address reachable by us, you may have your Account suspended at our sole discretion until such an address is provided to us. We will immediately suspend your Account and reserve the right to cancel any bonus granted, any bets and winnings or confiscate any funds in your Account if you intentionally provide false or inaccurate personal information. We may also take legal action against you for doing so in certain circumstances and/or contact the relevant authorities who may also take action against you.
4.3. We reserve the right to ask for proof of age and/or satisfactory identification documents from you to authenticate details provided upon registration and/or to comply with applicable Anti-Money Laundering and Countering the Financing of Terrorism (“AML-CFT”) legislation. We also reserve the right to use third party verification services and to conduct any checks we may require (either for our own purposes or as required by applicable law or a regulatory body), including (but not limited to) potential fraud, responsible gaming or to ensure compliance with our anti-money laundering protocols, and you expressly acknowledge and agree that we may confirm the accuracy of any information you submit.
4.4. If we are unable to verify your age, identity or address to our satisfaction, your Account will be suspended until the requested information is provided. We reserve the right at any time and at our sole discretion to reject verification documents provided and/or request further verification documents be submitted in order to satisfy our verification obligations.
4.5. Any Account that is identified by us as having been improperly opened or used by someone will be closed by us.
4.6. Please note that even if we do accept your application for an account, depending on the territory in which you reside or are located in, you may not have access to the full range of Services that we provide.
4.7. Even if you meet the eligibility criteria set out in Clause 3, we may choose to refuse your application for an account at any time and for any reason and we shall not be required to provide you with any reason for such refusal. We can also close or suspend any Account without prior notification.
5. ACCOUNT SECURITY, USERNAME/PASSWORD
5.1. When opening your Account, you will be required to choose a username and password unless one is automatically allocated by us. For security purposes, passwords are required to contain a minimum of 8 characters. We strongly recommend using two-step verification processes.
5.2. Your username and password are strictly personal and you agree not to allow anyone else to use your Account or to use anyone else’s account to access our Website or Services.
5.3. You must keep this information confidential as all bets/wagering placed through your Account, as well as any other activity that occurs on the Account, is your sole responsibility. Bets are valid if your username and password have been entered correctly, [or, depending on your device, if your account has been accessed via Touch ID, fingerprint login, Face ID, passcode or the "Keep me logged in" feature,] (whether with your approval or not) subject to sufficient funds being held in the Account. You are personally responsible for the security of your devices and your Account.
5.4. We recommend that you disable any automatic password memory in your browser prior to using the Services or accessing the Website. This will help to limit the risk of unauthorized use of your Account.
5.5. You must notify us if your Registered Email Address has been hacked into. We may, in such case, require you to provide additional information/documentation so that we can verify your identity.
5.6. Please contact us as soon as possible if you have lost or forgotten part or all of your username and/or password. You agree to inform us as soon as is possible if you believe that your Account information is being misused by a third party so that we may suspend your Account to prevent further abuse.
5.7. We will not be liable for any loss that you may incur as a result of misuse of usernames or passwords or from any unauthorized use of your Account, whether fraudulent or otherwise. You agree to indemnify us and hold us harmless against any costs, claims, damages and expenses arising in connection with the use of, or access to, your Account by any third party as a result of your negligence, breach of these Terms and Conditions, fraud, dishonesty or criminal activities.
5.8. If you username and/or password is incorrectly entered repeatedly, your Account will be locked for security purposes.
5.9. We have the right to disable your username or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms and Conditions.
6. PERSONAL DATA, COOKIES
6.1. You acknowledge and consent to our collection and use your personal data in accordance with our Privacy Policy. Account information, including user name, address, phone, email, and account transactional details, is processed in accordance with applicable laws and our Privacy Policy. We rely on this information in entering into this agreement with you. You agree to indemnify us and hold us harmless against any costs, claims, damages and expenses arising in connection with any falsehood or inaccuracy contained in the information you provide to us.
6.2. We will not reveal the identity of any person who places bets using the Website and our Services unless the information is lawfully required by competent authorities such as Regulators or the Police (e.g. to investigate fraud, money laundering or sports integrity issues) or as permitted from time to time pursuant to the Privacy Policy.
6.3. Upon registration, your information is stored in our database. By agreeing to these Terms and Conditions you agree to the transfer of your personal information for the purpose of the provision of the Services object of this agreement and as further detailed in our Privacy Policy.
6.4. You accept that our website uses cookies, and we therefore collect in accordance with our Cookie Policy certain basic information transmitted to our server from your browser.
7. RESPONSIBLE GAMING
7.1. We take responsible gambling very seriously. We provide our customers with assistance and player protection measures pursuant to our Responsible Gaming Policy. Please note that these measures are valid for the Website you are currently playing on only and does not include other sites operated by us.
7.2. We will use all reasonable endeavors to ensure compliance with the player protection measures in place. However, the effectiveness of the player protection tools requires the joint commitment of both you and us. We do not accept any responsibility or liability whatsoever if you nevertheless continue gambling and/or seek to use our Website and Services with the intention of deliberately avoiding the player protection measures in place and/or we are unable to enforce our Responsible Gaming Policy for reasons outside of our reasonable control, particularly if you have changed any of the registration details previously submitted (including if you open another account with substantially the same information, albeit inputted into the registration form in a different way). Please note that any attempt by you to circumvent player protection measures in place may entail forfeiture of deposits and winnings accrued upon detection.
7.3. For more information on our Responsible Gaming Policy, please go to the ‘Responsible Gaming’ section of the Website or contact our Customer Service and Responsible Gaming Team.
8. DEPOSITS AND WITHDRAWALS
8.1. You may only wager the amount that has passed through and is credited in your Account. Accordingly, you can only place bets or use our Services if you have deposited funds in your Account.
8.2. Available cryptocurrency options for deposits and withdrawals are listed on the Website and may differ from time to time depending on your jurisdiction. We cannot guarantee that all cryptocurrencies will be natively supported across all our Services.
8.3. If your Account balance can already support any subsequent bets, then you should not add any more unnecessary deposits that will not be used to bet. Depositing to your Account unnecessary funds while having a sufficient balance to cover your subsequent bets may lead to Account suspension or closure.
8.4. You shall only use your own funds and valid crypto-wallets and payment methods that are under your control and that lawfully belong to you for deposits and withdrawals.
8.5. While we do not allow Accounts to become overdrawn, should your account become overdrawn due for any reason (including any sort of error or if a withdrawal request is processed more than once), you agree to fully reimburse us for any such overdrawn amounts.
8.6. We may assign minimum deposit/withdrawal levels and maximum deposit/withdrawal levels and we may charge fees for processing deposits and withdrawals as specified on our Website. If such minimum/maximum levels or fees apply, they will be clearly communicated during the deposit or withdrawal process. For more information regarding how to make a deposit or withdrawal, please visit the ‘Deposits/Withdrawals’ section of our Website or consult our help center. Notwithstanding the foregoing, we reserve the right to further limit the amount of funds that you will be able to deposit at any time at a level that we may determine at our sole discretion.
8.7. By depositing funds into your Account, you authorize us to hold them together with any winnings, for the single and specific purpose of using them to place your sports and gaming bets, and to pay any fees or charges that may be incurred in connection with our Services. We reserve the right to suspend or close your account if we reasonably believe, or have reason to believe, that you are depositing funds without the intention of using our Services. In such circumstances, we may also report this to the relevant authorities.
8.8. If we mistakenly credit your Account with winnings that do not belong to you, whether due to a technical or human error or otherwise, the amount will remain our property and the amount will be transferred from your account as soon as possible. If, prior to us becoming aware of the error, you have withdrawn funds that do not belong to you, without prejudice to other remedies and actions that may be available under law, the mistakenly paid amount will constitute a debt owed by you to us. In the event of an incorrect crediting, you are obliged to notify us immediately.
8.9. No credit shall be extended to you and all bets must be covered by a sufficient balance in your Account. We reserve the right to cancel any bet, or wager, which has been accepted in error because the account did not have a sufficient balance to cover the bet/ wager. Should it be the case that an amount is incorrectly credited to your Account, it is your responsibility to inform us of this without delay.
8.10. We may, at any time, set off any positive amount in your Account against any amount owed by you to us or any of our affiliates.
8.11. In the event that we are subject to any charges in relation to your Account, we reserve the right to recover the relevant amounts from you.
8.12. In addition, we shall be entitled to withhold and/or retain any funds earned or received by you as a result of, or in connection with, your unauthorized use of our Website and Services.
8.13. Funds may be withdrawn from your Account provided that: (a) the withdrawn amount meets the minimum allowed withdrawal amount as updated from time to time, (b) all deposits and payments made into your Account have been confirmed as cleared; (c) all deposits have been wagered at least one time; (d) any identity checks we are required to conduct pursuant to applicable law or other obligations are satisfied; and (e) you have complied with the rest of these Terms and Conditions. In the event of a large withdrawal request, we reserve the right to pay out your winning in installments over time and/or to make the withdrawal payment in BTC, ETH or USDT at our sole discretion.
8.14. To the extent possible, all withdrawals must be done through the payment method and payment details chosen by you when placing a deposit, unless Bitsler is unable to do so or decides otherwise at its sole discretion. If the user has deposited using several payment methods, Bitsler reserves the right to split the user’s withdrawal across such payment methods and process each part through the respective payment method at its discretion and in accordance with anti-money laundering policies and regulations. The user agrees that all deposits/withdrawals made to/from his/her user account, are transferred to/from bank account/s, debit/credit card/s, wallet or any other payment options available in the user’s country, which belong solely to the user and are in the user’s name.
8.15. The time it takes between making a deposit and availability of the deposited funds in the account as well the time it takes between requesting a withdrawal and availability of the withdrawn funds, may vary depending on the cryptocurrency and blockchain network load. The number of confirmations on the blockchain we require to confirm a transaction vary depending on the cryptocurrency as specified on our Website and a transaction will only be effected once such number of confirmations is reached. We may waive this requirement for certain trusted Accounts a at our sole discretion. Please note that a transaction may be further delayed as a consequence of our legal obligations to request additional documentation and information from you.
8.16. We do not provide any means for you to convert funds between cryptocurrencies and legal currencies or tenders and we do not extend credit for the use of our Services.
8.17. You understand that you will not earn any interest on any outstanding amounts available in your Account and acknowledge that we are not a financial institution.
8.18. If we determine, in our sole discretion, that you are using the "Double Spend" methodology, we shall void all bets and winnings. Specifically, if you win and confirm your deposit on the Blockchain and attempt to withdraw such funds, all such winnings will be forfeited, and your Account will be closed permanently. We shall also exercise this right where similar activities are attempted from any accounts we suspect are connected or linked with your Account.
8.19. Our products and services are consumed instantly. Thus, we cannot provide refunds, returns of goods, or cancellation of the Service when playing.
8.20. We do not provide advice regarding tax and/or legal matters. If you wish to obtain advice regarding tax and legal treatment of your deposits/withdrawals and/or gain/losses, you are advised to contact appropriate advisors. You are solely responsible for any applicable taxes on any prizes and/or winnings that you collect from us.
8.21. It is unlawful for you to deposit funds obtained from criminal, illegal or fraudulent activities into your account (or to attempt to do so). In addition to the identity and age verification checks, we are required by law to undertake certain anti-money laundering checks to prevent such behavior.
8.22. We monitor unusual or suspicious transactions and we may require that you provide additional identification documentation or proof of your source of wealth or source of funds at any time if you meet certain criteria (notably when making large deposits), if we are concerned about your level of spend, or if we suspect you may be depositing funds obtained from criminal, illegal or fraudulent activities. Until you have satisfactorily passed such verification, we may freeze your account and restrict the withdrawal of any funds (including winnings and deposits).
8.23. Where we reasonably suspect criminal, illegal or fraudulent activities we may report such activity to the appropriate regulator or authority, close your Account and retain all funds in your account (including deposits and winnings).
9. GENERAL BETTING RULES. WINNINGS.
9.1. The following general terms apply to all bets/wagering placed on our Website and Services. Specific terms which apply to certain sports, games and certain services or areas of our Website are contained in the Game Rules which are applicable to those sports, games, services and other areas of our Website. You should ensure you have read and understood these Terms and Conditions and/or Game Rules in relation to a particular sport, event, market or Game before placing a bet/wagering. We do not accept any responsibility for your misunderstanding of any of the terms involved in or relating to a particular bet or game.
9.2. We reserve the right to refuse all or part of any bets/wagering at our sole discretion. All bets/wagering are placed voluntarily by you and at your own risk.
9.3. When a bet/wagering is placed and accepted or a game is played using our Website and Services, the corresponding amount is charged against your Account and your deposit balance will be adjusted accordingly. You will not be able to place bets/wagering or play games using our Website and Services unless you have available funds to cover the bet/wagering or amount required to play the game.
9.4. If, for any reason, we are unable to validate the result of an event within 72 hours of its completion, all unsettled bets on markets relating to that event will be void.
9.5. If, for any reason, a bet is accepted after a fixture has begun (other than clearly indicated as Live In-Play betting) bets will have action unless a material advantage has been gained. Bitsler reserves the right to void the bet if it determines that an advantage has been gained.
9.6. You are solely responsible for your own Account transactions. Please be sure to review your bets for any mistakes before sending them in. Once a transaction is complete, it cannot be changed. We do not take responsibility for missing or duplicate bets made by you and will not entertain discrepancy requests because a bet is missing or duplicated. You may review your transactions in the My Account section of the Website after each session to ensure all requested bets were accepted.
9.7. Should there be a break in communication after you place your bet and/or you receive no visual confirmation that a bet has been successfully placed, but the bet is correctly received on our servers, the bet shall be deemed as valid and accepted. You will be informed whether you have won or lost once communication is re-established and result determined. If the bet is not received correctly on our servers due to a communication error, it shall not be regarded as valid and accepted; and the failed bet shall be returned to your account balance.
9.8. Your balance will be used for bets/wagering in the order in which they are placed and will not be available for any other use. We reserve the right to cancel and/or revoke any transactions made after bets/wagering have been placed with allocated amounts, either at the time or subsequently.
9.9. We reserve the right, at our sole discretion, to refuse or restrict any bets or bonuses (for example by setting maximum stake or payouts or by setting wagering requirements) on a per sport, event, market, game and/or user basis. Such restrictions shall be available at the time of placing such bet or wagering.
9.10. We reserve the right to void any bet or part of a bet/wagering, even after the bet/wagering has been settled, if that bet is deemed by us, at our sole discretion, to have been placed or settled otherwise than in accordance with these Terms and Conditions. Where practicable to do so, we shall endeavor to notify you of any bet/wagering that is voided in accordance with this clause. In the event that you notice a bet/wagering has been voided, then our Customer Service can be contacted for further explanations.
9.11. Winnings due to you will be credited to your Account balance. This is not proof of win and subject to your rights under these Terms and Conditions you agree that our records or any records of our third-party game providers shall be the final authority in determining any winnings.
9.12. Funds/winnings credited to your Account in error are not available for play, and we reserve the right to cancel any transaction involving such funds and/or withdraw the relevant amount from your Account and/or reverse the transaction at the time of the transaction or retrospectively.
9.13. It is a condition of our acceptance of bets from you, and by offering to place a bet with us you represent and warrant, that: (a) you are not prohibited from entering into the bet by any term of your contract of employment, these Terms and Conditions or any rule of a sport governing body or other professional body of which you are a member or which applies to you; (b) where the bet is placed on the outcome of a race, competition or other event or process or on the likelihood of anything occurring or not occurring ("the event"), you do not know the outcome of the event; and (c) you are not misusing information which has not been made public and, if it were made public, would be likely to have a material effect on the relevant market relating to the event. In the event of any such representation by you proving to be false, we shall be entitled to cancel and void your bet and we shall not be obliged to pay any winnings which might otherwise have been payable in respect of such bet (and shall also be entitled to repayment of any funds which have already been paid to you). We may also disclose your information and betting and gaming history to third parties including, but not limited to, any relevant regulator, gaming and sporting bodies, financial institutions and law enforcement agencies or any other body that deals with the investigation of such alleged offences.
9.14. In the event we receive a warning in relation to suspicious or irregular betting patterns and possible instances of event manipulation, we can in our absolute discretion suspend our offering on any event or series of events in any market, delay and/or withhold payment on any event or series of events until the integrity of such event or series of events has been confirmed by the relevant sports federation or governing body (where applicable) or by us using our reasonable discretion.
9.15. Further, in the case of active event manipulation being confirmed as having taken place on any event or series of events (by the appropriate sports governing bodies or by any other means), we can, in our absolute discretion, cancel any bet and refund any staked amount placed on such events by any person. Evidence of the above may be based on the size, scale or pattern of bets placed with us. A decision taken by the relevant sports governing body (if any) will be conclusive.
9.16. If evidence emerges that a series of bets containing the same selections has been placed by or on behalf of the same person or syndicate of persons, we reserve the right to cancel those bets or withhold payment of winnings pending the outcome of any subsequent investigation.
9.17. Should we become aware that you have placed a number of bets from multiple accounts you have irregularly opened with us, all bets will be voidable at our sole discretion without prejudice of any other remedy or recourse available to us.
9.18. We can void any or all bets made by, any group of people acting in conjunction with each other, or any individual acting alone, in an attempt to defraud us.
9.19. Our employees and employees of any licensor of games on our Website (or a member its corporate group) are not eligible to participate in games supplied by such licensor on our Website.
9.20. In the unlikely event of a discrepancy between the result that appears on your device and the results in the transaction logs in our system, you agree that the results in our system's transaction logs verified by one of our officer shall be final, conclusive and binding.
10. BONUSES AND PROMOTIONS
10.1. Only users with a unique IP address can benefit from Bitsler’s bonuses. If there are multiple users/Accounts using the same IP address, all the users’ bonuses and winnings may be cancelled at Bitsler’s discretion.
10.2. Where any condition of an offer or promotion is breached or where any evidence emerges that a series of bets has been placed by a customer or group of customers which, because of enhanced payments, free bets, risk-free bets, free spins, gaming credits or any other promotional offer, results in guaranteed winnings for the customer regardless of the outcome, either individually or as part of a group, we reserve the right to withdraw the enhanced payment, free bet, risk free bet, free spin or gaming credits in such offers and/or cancel any bets funded by the free bet or gaming credits. In addition, where there is evidence of such activity, we may charge the customer an administration fee, up to the value of the gaming credits, free bet, risk-free bet or enhanced payment, to cover the administrative costs of identifying and taking action against such activity.
10.3. We may withdraw at our sole discretion enhanced payments, free bets, risk-free bets, free spins, gaming credits or any other promotional offer awarded in error.
10.4. All promotional offers are limited to one per individual and are subject to the compliance with these Terms and Conditions. If we have reasonable grounds to suspect that a bonus or offer has been claimed by you (or for your benefit) more than once or that you have breached these Terms and Conditions, we may withdraw any or all offers to you and/or cancel any bets or wagers funded by the bonus or offer and delete any winnings from such bets or wagers.
10.5. All deposits tied to a promotional offer must be wagered at least one time before withdrawal. Winnings deriving from no-deposit bonuses (e.g., free spins) may be limited on a per promotion basis at our sole discretion.
10.6. Promotional offers are available at our sole discretion and can be terminated or restricted on an individual Account basis at any time and for any reason. In particular, we may request additional verifications before granting bonuses exceeding a certain amount.
11. CLOSURE OF YOUR ACCOUNT AT YOUR REQUEST
11.1. If you wish to close your Account, you may do so at any time, by contacting our Customer Service in written form or by sending an email request to support@bitsler.com. If you are closing your Account for gambling addiction concerns and you want us to consider those issues in the future, you must indicate this as the reason behind the closure to make us aware.
11.2. We will respond to your request, confirming closure of your Account and the date on which such closure will be effective, within a reasonable time, provided that you continue to assume responsibility for all activity on your Account until such closure has been carried out by us. In the event your Account is to be closed or suspended any open bets, subject to compliance with all other provisions of these Terms and Conditions, shall be settled on the result of the event in accordance with the relevant rules then in place. Any negative balance on your Account will become immediately due and payable and your Account will not be closed until any balance due to us has been repaid in full.
11.3. We will promptly transfer all funds from your Account. Such transfers will be executed pursuant to the provisions of these Terms and Conditions applicable to withdrawals.
11.4. After your account has been closed, it will remain closed unless and until you ask for it to be re-opened. However, we may refuse to re-open your account in certain circumstances.
12. SUSPENSION OR CLOSURE OF YOUR ACCOUNT BY US.
12.1. We are entitled to suspend or close your Account at any time and at our discretion, including if we consider that your continued use of our Services and Website is detrimental to your health and wellbeing. Such closure shall be made where deemed necessary on written notice (or attempted notice) to you using the contact details you have provided.
12.2. Any balance in your Account will be made available to you, unless we are permitted to withhold the funds in accordance with these Terms and Conditions. Such transfers will be executed pursuant to the provisions of these Terms and Conditions applicable to withdrawals, including those governing minimum withdrawal amounts.
12.3. Without restricting our ability to seek other remedies that may be legally available to us, and irrespective of whether we suspend and/or terminate an Account and notwithstanding any other provisions in these Terms and Conditions, we reserve the right to cancel any outstanding bets or bonuses, withhold payment of your winnings and/or confiscate any and all funds in your Account at our sole discretion if:
(a) we consider that you have provided false or otherwise inaccurate personal information when registering your Account with us; or
(b) we reasonably believe that you are not complying with AML-FT and any other applicable regulations or suspect that you are depositing funds which have been obtained unlawfully or in a clearly and seriously debase manner; or
(c) we consider that you have used our Website or Services in an unfair manner, have deliberately cheated, colluded, manipulated the software, exploited a loophole or other technical form of abuse or behavior which may constitute deliberate cheating or taken unfair advantage of us or any of our other customers (including through insight or knowledge about a sport gained via personal involvement or participation in the particular field of sport); or
(d) we determine that you are using any device, robot, spider, software, routine or other method (or anything in the nature of the foregoing) to interfere or attempt to interfere with the normal proper functioning of our Services; or
(e) we consider that your Account is being used for the benefit of a third-party; or
(f) we consider that you have registered multiple accounts, managed or directed your betting activity on multiple accounts in an attempt to hide your betting activity, bypass our set trading limits or violate any promotion Terms and Condition; or
(g) we consider that you have registered a new account in violation of a direct order not to continue your betting activity on our Website or as a way to disregard previous warnings made to you; or
(h) we are requested to do so by the police, or any regulatory authority or a court of law; or
(i) you become bankrupt; or
(j) we determine that you are acting in a manner that is detrimental to the conduct of our business; or
(k) there is a technological failure;
(l) we consider that you are in breach of any provision of these Terms and Conditions or any other rules of the Website or the Services.
12.4. You acknowledge that Bitsler shall be the final decision-maker as to whether you have violated rules, terms or conditions in a manner that results in suspension or permanent barring from participation in our Websites.
13. ACCOUNT INACTIVITY
13.1. Save for in case of a self-ban, if during six consecutive months, there has been no successful login to your Account, and/or your Account has not recorded any betting activity, your Account shall be deemed to be dormant.
13.2. If your Account is classed as dormant and funds are available in your deposit balance, we will take reasonable steps to notify you using your Registered Email Account.
13.3. If your Account remains inactive for a period of at least 30 days after we have attempted to notify you that your Account has become dormant, the balance of your Account shall be converted automatically into USDT at the average rate of exchange prevailing on such date on multiple, reputable cryptocurrency exchanges. We may decide to charge a monthly administration fee from your Account balance in the amount of 5% (five percent) of the remaining balance or 10 USDT (whichever higher) per month (or the full amount of the remaining balance if such amount is below 10 USDT). This administration fee will be charged to your Account balance at the end of the notification period set out above and every month thereafter until either:
(a) you reactivate your Account by successfully login into your Account; or
(b) your Account has been closed; or
(c) your Account balance is exhausted.
3.4. We may, upon request and at our sole discretion, refund all or part of the administration fees which have been charged to your Account balance.
3.5. If your Account balance is exhausted and your Account remains inactive for a period of one (1) year, your Account shall be permanently closed by us.
3.6. If your Account is classed as dormant, you can not earn any commission from our referral program.
14. DUPLICATE / LINKED ACCOUNTS
14.1. You may open only one Account with us and only one Account is allowed at any single point in time and you may not open another account with us either directly or indirectly, including through the use of representatives, relatives, associates, affiliates, related parties, connected persons, and/ or third parties operating on your behalf. As a general policy, only one account may be registered per household, address, e-mail address, IP address, credit/debit card, e-wallet or electronic payment method. This restriction is required inter alia to combat fraud and mitigate risk of collusion. Persons using the same personal details already provided for the registration of an Account with us or persons we determine as being otherwise associated with an existing user will not be allowed to register on the Website. Bitsler reserves the right to request certain personal details from the user as well as a video-call with the user to verify the identity of the user.
14.2. Any duplicate and/or linked Accounts that are identified by us may be refused, suspended or closed at our sole discretion. If we identify that you have acted fraudulently or dishonestly in opening duplicate and/or linked accounts, we reserve the right to void any bets, cancel any bonuses granted and to withhold and confiscate funds that have accumulated on those accounts.
14.3. If you notice that you have more than one registered Account or are the beneficial owner of more than one Account, you must notify us immediately. In our sole discretion and if we consider that multiple Accounts have been opened in genuine error, we may agree to refund the balance remaining on the closed Account(s) or to credit one Account which you have opened with us with any balance remaining on your additional Account(s).
15. USE OF THE WEBSITE
15.1. Any information or data accessible to you through the Website or any part of it (including, but not limited to, results, statistics, sports data and event listings, odds and betting odds) is intended for personal use only and any distribution or commercial exploitation of such information or data is strictly prohibited. No warranty is given for uninterrupted access to this information or data, its accuracy or reliability and we decline any liability whatsoever if this information or data is incorrect. The information is not intended for advisory or recommendatory purposes and is provided for general information purposes only. It should not be relied upon as a basis for placing bets and wagers, which is done entirely on a voluntary basis by you and at your own risk.
15.2. Any commercial use or exploitation of all or part of the Website, the information or data contained on the Website (including but not limited to, results, statistics, sports data and event listings, odds and betting odds), any other information or data from the Website and/or its source code is strictly prohibited.
15.3. The use of any automated system or software to copy and/or extract all or part of the Website, the information or data on the Website (including, but not limited to, results, statistics, sports data and event listings, odds and betting figures), any other information or data on, within, or as part of the Website and/or its source code for any purpose (known as "screen scraping") is strictly prohibited.
15.4. You must not use our Website or our Services for any other purpose than for personal entertainment. Any type of commercial activity or business undertaking (including but not limited to selling accounts, selling cryptocurrencies, changing coins for other players, selling scripts, bots or programs etc.) is strictly forbidden without our prior consent.
15.5. You must not use the Website for the benefit of any third party, or in any way which (in our opinion) is unlawful, defamatory, offensive or obscene, or which we consider to be discriminatory, fraudulent, dishonest or inappropriate.
15.6. You must not misuse the Website by introducing viruses, trojans, worms, logic bombs or other material that has a negative effect or is technologically harmful. In particular, you may not unauthorizedly access, interfere with, damage or disrupt the Website or any part of it; any equipment or network on which the Website is stored; any software related to the operation of the Website; or any equipment, software or website owned or operated by a third party. You may not attack our Website via a denial-of-service attack.
15.7. Although we shall take all reasonable measures to ensure that our Website and our Services are free from computer viruses we cannot and do not guarantee that our Website and our Services will always be free of such problems. It is your responsibility to protect your systems and have in place the ability to reinstall any data or programs lost due to a virus. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, virus or other technologically harmful material that may have infected your computer equipment, computer programs, data or other property or material due to your use of the Website or after you download any material from or post on it or any other website linked to it. We are also not responsible for the content, product or services contained on any Internet site linked to or from our Website or our Services.
15.8. Your computer equipment or mobile device and internet connection may affect the performance and/or operation of the Website. We do not guarantee that the Website will operate error-free or that our Services will be offered without interruption. We accept no responsibility for (i) any errors or problems arising due to your equipment, internet connection or internet/telephone provider (including for example in the event that you are unable to place bets/stakes, view or receive information regarding a specific event), and (ii) any damage or loss of data from the device through which the Website and our Services are accessed.
15.9. Whilst we endeavor to ensure that the Website is available 24 hours a day, we will not be liable for any instances where the Website is unavailable at any times or periods of time. We reserve the right to make changes and corrections to or modify, restrict the access, suspend or discontinue any aspect of the Website and any services or products available through it, including access to it at any time for any reason.
15.10. We actively monitor traffic to and from the Website and we reserve the right, at our sole discretion, to block access where evidence suggests automated or robot-like activity.
15.11. We will seek to enforce criminal and contractual penalties against any customer involved in fraud, dishonesty or criminal activity through or in connection with the Website or our Services. We will withhold payment to any customer where any of these are suspected or where the payment is suspected to be for the benefit of a third party. You shall indemnify and, on demand, be obliged to pay us on demand any claim arising directly or indirectly out of your fraud, dishonesty or criminal act.
16. INTELLECTUAL PROPERTY
16.1. We trade as Bitsler and the BITSLER name and logo are registered trademarks. Any unauthorised use of our trademark and logo may result in legal action being taken against you. The www.bitsler.com uniform resource locator (URL) is owned by us and no unauthorised use of the URL is permitted on another website or digital platform without our prior written consent.
16.2. As between us and you, we are the sole owners of the rights in and to the Service, our technology, software and business systems (the "Systems") as well as our odds.
(a) You must not use your personal profile for your own commercial gain (such as selling your status update to an advertiser); and
(b) When selecting a nickname for your Account we reserve the right to remove or reclaim it if we believe it appropriate.
16.3. You may not use our URL, trademarks, trade names and/or trade dress, logos (the "Mark") and/or our odds in connection with any product or service that is not ours, that in any manner is likely to cause confusion among customers or the public or that in any manner disparages us.
16.4. Except as expressly provided in these Terms and Conditions, we and our licensors do not grant you any express or implied rights, licence, title or interest in or to the Systems or the Marks and all such rights, licence, title and interest are specifically retained by us and our licensors. You agree not to use any automatic or manual device to monitor or copy web pages or content within the Service. Any unauthorised use or reproduction may result in legal action being taken against you.
17. SOFTWARE
17.1. In order to use some of the products or services offered on our Website, you may need to download some software. In addition, some products offered by third-party companies may require you to agree to additional terms and conditions added by the product publisher. By using our Website and our Services, you expressly accept to be bound by such third-party providers’ terms and conditions. If you do not accept the terms and conditions set by the third party, you should not use the third-party software. We accept no liability in relation to third-party software.
17.2. You are only permitted to use the software offered through our Website for the purpose of using Services, except as permitted by applicable law.
17.3. We hereby grant you a personal, non-exclusive and non-transferable right to use the relevant software. This applies only to the use of the Services on the Website, in accordance with the below:
(a) You are not permitted to: (i) install or upload the software on any server or other network or take any other steps to make the software available via any type of "bulletin board", online service or telephone service, or via a network connected to any other person; (ii) sub-license, assign, rent, lease, loan, transfer or copy your license to use the software or make or distribute copies of the software; (iii) enter, gain access to or attempt to enter or gain access to, or otherwise bypass, our security systems or to interfere in any way (including but not limited to robots or similar devices) with relevant products or the Website, or attempt to make any modifications to the software and/or its functions or components; or (iv) copy or translate any user documentation offered "online" or in electronic format. Save and except to the minimum extent permitted by applicable law, you are not permitted to: (a) translate, reverse engineer, decompile, disassemble, modify, create derivative works based on, or otherwise modify the software; or (b) reverse engineer, decompile, disassemble, modify, adapt, translate, attempt to discover the source code of the software, or create derivative works based on all or part of the software.
(b) You do not own the software. The software is owned and is our private property or the private property of a third-party software provider (the "Software Provider"). The software and accompanying documentation licensed to us are proprietary products owned by the Software Provider and are protected worldwide by copyright law. Your use of the software does not make you the owner of any intellectual property rights in the software.
(c) The software is provided "as is" without any warranties, conditions, assurances or representations. We do not warrant that: (i) the software will meet your requirements; (ii) the software will not infringe the intellectual property rights of third parties; (iii) the operation of the software will be error-free or uninterrupted; (iv) defects in the software will be corrected; or (v) the software or servers are free of viruses.
(d) In the event that communication or system failures occur in connection with the registration of an account or in connection with other parts or components of the software, neither we nor the Software Provider will be liable to you or to any third party in respect of such failures. We further reserve the right in the event of such failures to remove all relevant products from the Website and to take other steps to correct such failures.
(e) You hereby acknowledge that your use of the software is beyond our control and is at your own risk.
(f) The software may contain information that is confidential and valuable to us and/or the Software Provider. You are not entitled to use or disclose that confidential information other than in accordance with the terms of these Terms and Conditions.
18. THIRD PARTY CONTENT
18.1. We receive submissions, comments and content from a number of providers. Some third-party product providers may require you to agree to additional terms and conditions governing the use of their submissions, comments or content. If you do not accept the relevant third-party terms and conditions, you should not use their submissions, comments and content.
18.2. We accept no responsibility for any submissions, comments or content provided by third parties.
18.3. The terms and conditions for end users in relation to Netent are available at Appendix 1 to these Terms and Conditions. By using our Website and our Services, you expressly accept to be bound by such third-party providers’ terms and conditions.
18.4. Where the Website contains links to third party sites and resources, these are provided for information purposes only. We have no control over the content of these sites and resources which are in no way investigated, monitored or checked for accuracy or completeness by us, and therefore accepts no responsibility for them or for any loss or damage which may arise from their use. The inclusion of a link to a third-party website does not imply that we endorse or supports the content of the third-party website, products or services. Accordingly, when accessing such websites, we recommend that you should take the usual precautions when visiting a new website including reviewing their privacy policy and terms of use.
19. ERRORS AND MALFUNCTIONS
19.1. We make every effort to ensure that errors or mistakes do not occur in any game or with any transaction relating to your Account. You understand and acknowledge that, if there is a technical problem or malfunction in the software (including communication or system errors, bugs, viruses in connection with the Services and or payments made to you as a result of a defect or error in the Services or failure of the software to operate in accordance with the rules of the relevant game) or hardware used by us to provide our Services or Website, we will not be liable to you or to any third party for any direct or indirect costs, expenses, losses or claims arising or resulting from such errors, and we reserve the right to void all games/bets in question and take any other action to correct such errors.
19.2. In the event of a casino system malfunction, or disconnection issues, all bets are rendered void. In the event of such error or any system failure or game error that results in an error in any odds calculation, charges, fees, rake, bonuses or payout, or any currency conversion as applicable, or other casino system malfunction (the "Casino Error"), we reserve the right to declare null and void any bets that were the subject of such Casino Error and to take any money from your Account relating to the relevant bets. You agree to forfeit any winnings that result from such errors (and any subsequent game rounds or any other use of our Services using said winnings) and acknowledge that in some instances withdrawal requests may be held for approval to ensure that such errors, malfunctions or technical faults have not occurred.
19.3. If as a result of human error or system problems a bet is accepted at an odd that is: materially different from those available in the general market at the time the bet was made; or clearly incorrect given the chance of the event occurring at the time the bet was made then we reserve the right (i) to consider the bets or wagers to be valid and settled at the correct odds (ii) to void, partially or in full, the bets and wagers, or (iii) take any other action to correct such errors. You agree to forfeit any winnings that result from such errors (and any subsequent game rounds or any other use of our Services using said winnings) and acknowledge that in some instances withdrawal requests may be held for approval to ensure that such errors have not occurred.
19.4. We shall not be liable for any errors in bets or wagers even where there is an obvious error and we shall not, under any circumstances, be liable to you for any unrealized winnings as a result of settling the bet or wager at the correct revised relevant parameters or as a result of voiding a bet or wager.
19.5. If we mistakenly credit your Account with winnings that do not belong to you, whether due to a technical or human error or otherwise, the amount will remain our property and the amount will be transferred from your Account as soon as possible. If, prior to us becoming aware of the error, you have withdrawn funds that do not belong to you, without prejudice to other remedies and actions that may be available under applicable law, the mistakenly paid amount will constitute a debt owed by you to us.
19.6. As soon as you suspect or become aware of an error or an incorrect crediting you shall immediately cease play and inform us as soon as reasonably practicable of any such error or incorrect crediting or suspected error or incorrect crediting.
19.7. Where you have used funds which have been credited to your Account or awarded to you as a result of an error to place subsequent bets or play games, we may cancel or void such bets and/or withhold any winnings which you may have won with such funds, and if we have paid out on any such bets or gaming activities, such amounts shall be deemed to be held by you on trust for us and shall be immediately repaid to us upon request.
20. CHAT RULES
20.1. As part of your use of the Website and our Services we may provide you with a live chat facility which offers you the ability to engage in ‘chat’ with us or other customers. This live chat facility is moderated by us and subject to controls. We reserve the right to review the chat and to keep a record of all statements made on the facility.
20.2. Your use of the live chat facility with other customers should be for recreational and socializing purposes only.
20.3. Content of the live chat facility must not be shared by you with any forums or third parties.
20.4. Where you engage in ‘chat’ with us or other customers, your ‘chat’ must:
(a) be accurate (where it states facts);
(b) be genuinely held (where it states opinions);
(c) comply with law applicable in Curaçao and in any country from which it is posted;
(d) not be defamatory of any person;
(e) not be obscene, offensive, hateful or inflammatory;
(f) not promote sexually explicit material.
(g) not promote violence;
(h) not promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
(i
) not infringe any copyright, database right or trade mark of any other person.
(j) not be likely to deceive any person;
(k) not breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
(l) not promote any illegal activity;
(m) not be in contempt of court;
(n) not be threatening, abuse or invade another person's privacy, or cause annoyance, inconvenience (including by way or needless anxiety;
(o) not be likely to harass, upset, embarrass, alarm or annoy any other person;
(p) not impersonate any person, or misrepresent your identity or affiliation with any person;
(q) not contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism;
(r) not contain any advertising or promote any services or web links to other sites;
(s) not repeat the same message (or slight variations thereof) excessively and unnecessarily or otherwise be of a spamming nature;
(t) not be generated automatically by a computer program;
(u) not be regarded as a conduct we in our sole discretion deem inappropriate.
20.5. We will do our best to assess any possible risks of infringements of these Terms and Conditions, and we will decide whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in light of those risks. However, we are under no obligation to oversee, monitor or moderate the live chat facility we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of the live chat facility by a user in contravention of our content standards. Should a concern or difficulty arise, please contact our Customer Service team.
20.6. Without prejudice to other actions and remedies available to us under these Terms and Conditions and applicable law, where we consider that you have breached any provision of this Clause 20, we may at our sole discretion take any or all of the following actions:
(a) immediate, temporary or permanent removal of any of your ‘chat’;
(b) issue of a warning to you;
(c) immediate, temporary or permanent withdrawal of your right to use our live chat facility and/or our Website and Services;
(d) legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from your breach of this Clause 20;
(e) further legal action against you;
(f) disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
21. USER GENERATED CONTENT
21.1. Certain of the Services may invite or permit you to upload or provide your own content ("User Generated Content"). We do not exercise editorial control over, and therefore does not endorse any, User Generated Content, and we shall not be liable in relation to such User Generated Content. You understand and agree that you are solely responsible for your User Generated Content.
21.2. For any User Generated Content you upload or provide, you hereby warrant, represent and undertake that such content:
(a) is an original work created by you or you have a license or the express consent of the owner to use the User Generated Content in that manner;
(b) does not infringe any third party intellectual property rights or privacy rights anywhere in the world;
(c) does not contain any defamatory or otherwise inappropriate materials or statements;
(d) does not contain any form of malicious computer code (e.g. viruses, bugs, trojan horses etc.) which could disable or disrupt any of the Services or the Website;
(e) complies with all applicable laws and regulations; and
(f) may be used in connection with promoting the Website and its Services.
21.3. Any User Generated Content you upload or provide will be considered non-confidential and lawfully provided by you and you are automatically deemed to have granted us an irrevocable, transferable, royalty-free license to copy, exhibit, publish, distribute or otherwise use and sub-license that User Generated Content as we see fit, including for commercial purposes. Such uses may include in printed publications, multimedia presentations, on websites or in any other distribution media. For the avoidance of doubt, you agree that you will make no monetary or other claim against us for its use of your User Generated Content.
21.4. You agree to indemnify and hold us and our subsidiaries, affiliates, officers, directors, agents, employees and service providers (e.g. Facebook) harmless from any liabilities, claims, losses or damages (including reasonable legal fees), however caused, that may arise as a result of or in connection with any User Generated Content.
21.5. If you have any issues with User Generated Content provided by any other customer or if you would like to discuss our use (or non-use) of your User Generated Content, please let us know by contacting our Customer Service. We reserve the right (but are not obliged to) to edit or remove User Generated Content.
22. LIABILITY
22.1. You use the website and the services at your own risk. The website and the services are provided without any warranty whatsoever, whether expressed or implied. Without prejudice to the generality of the preceding provision, we, our directors, employees, partners and service providers explicitly disclaim any warranty that the services, the website and their related software are fit for their purpose, free from errors or will be accessible without interruptions.
22.2. To the extent permitted by applicable law, we will not compensate you for any reasonably foreseeable loss or damage (either direct or indirect) you may suffer if we fail to carry out our obligations under these terms unless we breach any duties imposed on us by law (including if we cause death or personal injury by our negligence) in which case we shall not be liable to you if that failure is attributed to:
(a) your own fault or negligence;
(b) third party unconnected with our performance of these terms (for instance problems due to communications network performance, congestion, and connectivity or the performance of your computer equipment); or
(c) any other events which neither we nor our suppliers could have foreseen or forestalled even if we or they had taken reasonable care. As this service is for consumer use only we will not be liable for any business losses of any kind.
22.3. We cannot be held liable for any failure or delay in providing the services due to an event of force majeure which could reasonably be considered to be outside our control despite our execution of reasonable preventative measures such as: an act of god; trade or labour dispute; power cut; act, failure or omission of any government or authority; obstruction or failure of telecommunication services; or any other delay or failure caused by a third party, and we will not be liable for any resulting loss or damage that you may suffer. In such an event, we reserve the right to cancel or suspend the service without incurring any liability.
22.4. In the event that we are held liable for any event under these terms, our total aggregate liability to you under or in connection with these terms shall not exceed:
(a) the value of the bets you placed via your account in respect of the relevant bet or product that gave rise to the relevant liability, or
(b) eur 500 in aggregate, whichever is lower.
22.5. We strongly recommend that you take care to verify the suitability and compatibility of the service with your own computer equipment prior to use; and take reasonable precautions to protect yourself against harmful programs or devices including through installation of anti-virus software.
23. INDEMNIFICATION
23.1. By use of the Website and our Services, you accept and agree to fully indemnify and hold harmless, us, as well as our affiliates, our directors, employees, partners, agents and service providers for any cost, expense, loss, damages, claims and liabilities howsoever caused that may arise in relation to your use of the Website or the Services and/or in connection with the inappropriate or unauthorized access to and use of Website or the Services by you or by anyone else using your username and password
23.2. This includes damages that may stem from either betting or using any Services on the Website, materials shared or uploaded, as well as your breach of these Terms and Conditions or your violation of any rights of any person.
24. COMMUNICATIONS, NOTICES
24.1. All communications and notices to be given under these Terms and Conditions by us to you shall, unless otherwise specified in these Terms, be either posted on the Website, live chat and/or sent to the Registered Email Address we hold on our system for the relevant Customer. The method of such communication shall be in our sole and exclusive discretion.
24.2. All communications and notices to be given under these Terms by either you or us shall be, in principle, in writing in the English language and must be given to and from the Registered Email Address in your Account or through the Live Chat. We may communicate and provide support in other languages at our sole discretion for players’ convenience but we do not make any representation as to our ability to ensure continuing support or communication with players in languages other than the English language.
25. SUPPORT AND COMPLAINTS
25.1. We pride ourselves on providing an exceptional level of customer service. Whatever the problem, we are ready and waiting to address the issue as quickly and efficiently as possible. Should a problem arise then simply contact our Customer Services team via Live Chat or by email at support@bitsler.com to deal with any query you may have.
25.2. Any complaints must be lodged within three (3) days from the date the bet in question has been decided. No claims will be honoured after this period. You are solely responsible for your Account transactions. Complaints/disputes have to be sent to support@bitsler.com and must be sent from your Registered Email Address.
25.3. We will use reasonable endeavors to acknowledge the receipt of the majority of complaints within 72 hours. In some rare instances our acknowledgment may be delayed (for example if the substance of the communication or facts about the complaint are unclear).
25.4. We will deal with your complaint as quickly as we reasonably can and shall, as necessary, enter into goof faith conversations in effort to resolve the dispute. We may request appropriate evidence from you for the purposes of settling your complaint. Our team will investigate any complaint or concern and use best endeavors to issue a final response within 14 business days.
25.5. If a dispute arises in relation to a bet or wager placed, our transactions database will be the ultimate authority in such dispute.
25.6. If any complaint is not resolved to your satisfaction, you may file a complaint to the Curacao eGaming Commission (Address: Pletterijweg Oost, Ara Hilltop Building, Curaçao Telephone number: +5999 465 1134; E-mail: complaints@curacao-egaming.com)
26. GOVERNING LAW AND JURISDICTION
26.1. These Terms and Conditions and any matters relating hereto shall be governed by, and construed in accordance with, the laws of Curaçao.
26.2. You irrevocably agree that, subject as provided below, the courts of Curaçao shall have exclusive jurisdiction in relation to any claim, dispute or difference concerning the Terms and Conditions and any matter arising therefrom and irrevocably waive any right that it may have to object to an action being brought in those courts, or to claim that the action has been brought in an inconvenient forum, or that those courts do not have jurisdiction. Nothing in this clause shall limit the right of Bitsler to take proceedings against you in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.
27. GENERAL PROVISIONS
27.1. Nothing in these Terms and Conditions shall be construed as creating any agency, partnership, trust arrangement, fiduciary relationship or any other form of joint enterprise between you and us.
27.2. If any provision of these Terms and Conditions is held to be invalid, void or unenforceable by reason of any law, rule, administrative order or judicial decision, that provision will be, to the extent strictly necessary, severed from the remaining terms and conditions and that determination shall not affect the validity of the remaining provisions of these Terms and Conditions. In the case of the severance of any terms, the part deemed invalid or unenforceable shall be amended in a manner consistent with the applicable law to reflect, as closely as possible, the original intent in these Terms and Conditions.
27.3. On occasion, we may require the ability to transfer, assign or sub-license these Terms and Conditions to a third party, for example (but without limitation) in the case of our engaging new third-party service providers in respect of certain gaming services, an intragroup restructuring or merger or acquisition. You hereby consent, and we reserve the right to, transfer, assign or sub-license these Terms and Conditions, in whole or in part, to any person without requiring any additional consent and without notice, provided that any such assignment will be on the same terms or terms that are no less advantageous to you.
27.4. You may not assign, sub-license or otherwise transfer in any manner whatsoever any of your rights or obligations under these Terms and Conditions without our prior written consent.
APPENDIX 1
Netent T&Cs
1.1. Absolute Restriction
NetEnt will not permit NetEnt Casino Games to be supplied to any entity that operates in any of the below jurisdictions (irrespective of whether or not NetEnt Casino Games are being supplied by the entity in that jurisdiction) without the appropriate licenses.
Belgium, Bulgaria, Czech Republic, Denmark, Estonia, France, Italy, Latvia, Lithuania, Mexico, Portugal, Romania, Serbia, Spain, Sweden, Switzerland, United States of America, United Kingdom.
1.2. Blacklisted Territories
All NetEnt Casino Games may not be offered in the following territories: Afghanistan, Albania, Algeria, Angola, Australia, Bahamas, Botswana, Belgium, Bulgaria, Colombia, Croatia, Czech Republic, Denmark, Estonia, Ecuador, Ethiopia, France, Ghana, Guyana, Hong Kong, Italy, Iran, Iraq, Israel, Kuwait, Latvia, Lithuania, Mexico, Namibia, Nicaragua, North Korea, Pakistan, Panama, Philippines, Portugal, Romania, Singapore, Spain, Sweden, Switzerland, Sudan, Syria, Taiwan, Trinidad and Tobago, Tunisia, Uganda, United Kingdom, United States of America, Yemen, Zimbabwe.
1.3. Restrictions for Branded Games
The followed NetEnt Branded Games have some further restrictions in addition to the Blacklisted Territories set out above:
1.3.1. In addition to the jurisdictions set out in 1.1 and 1.2 the following games: Jumanji, emojiplanet, Netent Rocks (Guns N’Roses, Jimi Hendrix, Motorhead, Ozzy Osbourne) must not be offered in the following territories: China.
1.3.2. In addition to the jurisdictions set out in 1.1 and 1.2, Planet of the Apes must not be offered in the following territories: Azerbaijan, China, India, Malaysia, Qatar, Thailand, Turkey, Ukraine, Russia.
1.3.3. In addition to the jurisdictions set out in 1.1 and 1.2, Vikings must not be offered in the following territories: Azerbaijan, Cambodia, Canada, China, France, India, Indonesia, Laos, Malaysia, Myanmar, Papua New Guinea, Qatar, Russia, South Korea, Thailand, Turkey, Ukraine, United States of America.
1.3.4. In addition to the jurisdictions set out in 1.1 and 1.2 Narcos must not be offered in the following territories: China, Indonesia, South Korea.
1.3.5. In addition to the jurisdictions set out in 1.1 and 1.2 Conan must not be offered in the following territories: China.
1.3.6. In addition to the jurisdictions set out in 1.1 and 1.2 Street Fighter II must not be offered in the following territories: Anguilla, Antigua and Barbuda, Argentina, Aruba, Barbados, Bahamas, Belize, Bermuda, Bolivia, Bonaire, Brazil, British Virgin Islands, Canada, Cayman Islands, China, Chile, Clipperton Island, Columbia, Costa Rica, Cuba, Curacao, Dominica, Dominican Republic, El Salvador, Greenland, Grenada, Guadeloupe, Guatemala, Guyana, Haiti, Honduras, Jamaica, Japan, Martinique, Mexico, Montserrat, Navassa Island, Paraguay, Peru, Puerto Rico, Saba, Saint Barthelemy, Saint Eustatius, Saint Kitts and Nevis, Saint Lucia, Saint Maarten, Saint Martin, Saint Pierre and Miquelon, Saint Vincent and the Grenadines, South Korea, Suriname, Turks and Caicos Islands, United States of America, Uruguay, US Virgin Islands, Venezuela.
1.3.7. In addition to the jurisdictions set out in 1.1 and 1.2 Fashion TV must not be offered in the following territories: Cuba, Jordan, Turkey, Saudi Arabia.
1.4. Universal monsters studios
Universal monsters studios (Creature from the Black Lagoon, Dracula, The Invisible Man, The Phantom’s Curse) are only permitted for the following territories (but still prohibited if country is listed in 1.1 and 1.2 sections):
Andorra, Armenia, Azerbaijan, Belarus, Bosnia and Herzegovina, Brazil, Georgia, Iceland, Liechtenstein, Moldova, Monaco, Montenegro, Norway, Russia, San Marino, Serbia, Switzerland, Croatia, Macedonia, Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Peru, Poland, Portugal, Romania, Russia, Slovakia, Slovenia, Spain, Sweden and the United Kingdom.
The United States, its military bases, territories and possessions are specifically excluded from the Territory.
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