TERMS AND CONDITIONS
Last updated on August 16, 20191. SOME GENERAL PROVISIONS
1.1. Your use of any service and play of any game provided on this website – www.fortunejack.com (the “Website”), means that you agree on and accept the following legally binding Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, you should quit using the services and leave the Website immediately. Please, read these Terms and Conditions carefully before using the Website or any of the services.
1.2. The Website is operated by Nexus Group Enterprises N.V., a limited liability Company registered and established under the laws of Curaçao, with company registration number 139781 (the “Company” or “We”). We hold a gaming license allowing us to operate games of chance on the international market via Internet, duly issued and granted by Antillephone N.V.. Under the valid gaming license, We offer you the games and services on this Website (the “Gaming Services” or “Services”). Unless otherwise stated, "We” or the “Company” refers collectively to our subsidiaries, directors, officers, employees, agents and contractors.
1.5. We may publish the Agreement in several languages in order to make the information more easily accessible for the Users. In the event there is any discrepancy between the English version and any other version of the Agreement, the English version shall prevail.
1.6. The terms and conditions of our game and service suppliers shall complement the Agreement as long as they are not in conflict with the Agreement.
1.7. If You do not agree to any of the provisions of the User Agreement, You should immediately stop using the Website and the Services and cease the access from Your computer and/or any other applicable device.
1.8. We reserve the right to amend, modify, update and change any of the terms and conditions of the User Agreement from time to time. We will notify You of any such amendment, modification or change by publishing the new version of the User Agreement on the Website. Any modified version of the User Agreement will take effect immediately upon its publication on the Website. Your continued use of the Website and the Services, once and after the changes are published on the Website, will be deemed to constitute Your acceptance of the changes to the User Agreement. It remains Your responsibility to ensure that You are aware of the correct, current terms and conditions of the User Agreement and We advise You to check for updates on a regular basis.
1.9. By registering in the system of the Company and/or by using the Gaming Services and/or by marking the "I accept these Terms and Conditions" box (or any other similar wording), You agree to be bound by the User Agreement in its entirety and without reservation. As such, the User Agreement constitutes a binding legal document between You and the Company and the Agreement, as amended from time to time, shall govern Your use of our Gaming Services at all times.
1.10. The Website allows You to use our Gaming Services. The Company reserves the right to either partially or entirely suspend, modify, remove or add to the Services in its sole discretion with immediate effect and without any notification to You. We encourage You to check for such updates, available on our Website, periodically and be updated if any of such changes are made by the Company. The Company shall not be liable for any loss suffered by You resulting from any changes made and You shall have no claims against the Company in such regard.2. YOUR ACCOUNT
2.1. You shall access the Services only via Your own account registered with Us (the “Account”) and You may never access the Services by means of another user's account. Your Account corresponds to Your crypto wallet address from and on which you will be able to withdraw and deposit funds of monetary value.
2.2. You must not use disposable email address for registering Your Account. If we find out that you have used a disposable email for registering Your Account, we reserve the right to block and terminate your Account and confiscate all monetary funds available on such Account.
2.3. Your Account is for Your sole personal use only and shall not be used for any professional, business or commercial purpose. You do not earn interest on the balance credited to your Account. The company is not a financial institution and shall not be treated as such.
2.4. You access your Account by username and password. We guarantee that We will not disclose your username and password to any third party. We will also take reasonable efforts to implement protective mechanisms to prevent unauthorized access to Your Account. You, on Your behalf, should protect Your username and password and never disclose them to any third party, also You should take all technical and other efforts to prevent Your username and password from being accessed and obtained by any other person without Your authorization. If We suspect that other person has been using Your Account, We will be entitled to immediately suspend Your Account and block all transactions made from or to Your Account and notify You about our suspicions that an unauthorized access may be taking place. However, it is not our obligation to monitor and detect all unauthorized access to Your Account. You hereby acknowledge and agree, that We take no responsibility for any third-party access to Your Account and under no circumstances shall the Company be liable for any losses and damages incurred by You as a result of misuse of Your username and password by any person or for any unauthorized access to Your Account and all transactions where Your username and password have been entered correctly will be regarded as valid, whether or not authorized by You.
2.5. You are allowed to register only one Account. Registering and operating multiple Accounts (more than one) is strictly prohibited. The Company reserves the right to qualify the account(s) registered on anyone from Your family, household, relative, friend or otherwise connected person to be Your another Account and, thus, decide that You have multiple Accounts. In case of multiple Accounting, We reserve the right to immediately block and terminate all such Accounts and confiscate all monetary funds available on such Accounts.
2.6. You are not allowed to transfer funds from your Account to the Account of another Customer registered on the Website.
2.7. If You do not log in to Your Account for a consecutive period of 12 (twelve) months or if no deposit has been made for a consecutive period of 6 (six) months after registering and opening the Account on the Website, Your Account will be considered a "dormant account" and We may block and terminate such dormant account any time after the lapse of above mentioned time period. Any monetary funds available on such dormant account may be removed by us without a further obligation to refund. Before removal, We will use reasonable efforts to reach and notify You about the removal of funds via the most current contact details You have provided to us.
2.8. If You are no longer willing to hold an Account on our Website, We kindly request You to contact us at firstname.lastname@example.org and submit Your request about the termination of Your Account. The support team will review Your request regarding the Account termination and notify You the decision carried out via the most recent contact details You have provided to us.
2.9. Without prejudice to any term of this Agreement, We reserve the right to block and terminate Your Account any time, at our sole discretion, without providing cause or explanation. We will notify You if this happens and refund You all funds available on Your Account at the time of termination.
3. COMPLIANCE WITH LAWS
3.1. Internet gambling may not be legal or may be restricted under some jurisdictions. You understand and accept that the Company is unable to provide You with any legal advice or assurance in respect to Your use of the Services and the Company makes no representations whatsoever as to the legality of the Services under Your jurisdiction. Please, authenticate the relevant laws in Your jurisdiction before registering with the Company on the Website and using the Services.
4.1. No-one under the age of 18 or the age of legal consent for engaging in the activities included in the Services under the laws of any jurisdiction, whichever is higher ("Legally of Age") may use the Services under any circumstances and any person not Legally of Age who uses the Services will be in material breach of the terms of the User Agreement. The Company reserves the right to request proof of age at any stage, to verify that persons not Legally of Age are not using the Services. The Company may terminate Your Account and/or bar You from using the Services if proof of age is not provided by You within a reasonable period of time or if the Company suspects that You are not Legally of Age. The Company reserves the right to suspend your Account and all transactions from or to Your Account until Your age is verified.
4.2. We reserve the right to verify Your registration details and all other personal data provided by You to Us any time after the registration of the Account, such as : name, surname, identity information, personal number and passport number, address, age and any other personal data, at any time, by requesting certain type of documents. These documents shall typically include an identity card, proof of address such as a utility bill, and proof of Your payment method, and can be uploaded and submitted to us. If deemed necessary, We may request that the said document copies are notarized and/or certified with Apostille, meaning that the documents are stamped and attested by a Public Notary and/or that certain documents are issued and certified by the respective authorities. In the event our requests for documents are not duly completed by the User within the established time period, the Company may at its sole discretion, block and terminate the Account and confiscate any funds that are present therein. Should the documents fail our internal security checks – for example, if We suspect that they have been interfered with, or are in any way provided to mislead or misrepresent – We shall be under no obligation to accept such documents as valid, and under no obligation to provide feedback on the exact nature of our findings with regards to these documents.
4.3. You hereby explicitly consent to the Company performing background checks for any reason, including, but not limited to, any investigation into the identity of the User, any payment method and payment source checks performed on the User, or any inquiries into the User’s personal history or professional background. The basis for such investigations will be dependent on the specific case, but could include, but is not limited to, verification of the User’s registration details and personal data, verification of the User’s financial transactions, and examination of the user’s gaming activity and behavior pattern. The Company shall be under no obligation to advise the User of such an investigation taking place. Such investigation activities may include the use of specific private or public third-party companies and investigation agencies, state or private, who perform the investigations as required, as well as the partner companies and gaming industry stakeholders. Solely for the investigation purposes the Company may transfer the personal information, registration details, gaming activity patterns about the User to any such third-party company conducting any part of the investigation without the prior consent of and notification to the User. The Company may decide, in its sole discretion, to block and terminate or temporarily suspend the Account and/or confiscate all funds available on the Account, on the basis and results of such investigation. The Company will notify You about its decision to do so and will tell You about the facts and suspicions revealed from such investigation.5. YOUR REPRESENTATIONS AND UNDERTAKINGS
5.1. In consideration of the rights granted to You to use the Services, You represent, warrant, covenant, undertake and agree that:
5.1.1. As the End User, You are Legally of Age, as defined in this Agreement, of sound mind and capable of taking responsibility for Your own actions;
5.1.2. As the End User, You shall play the games under the Gaming Services only for yourself, only for fun and in a non-professional manner. Professional play is defined as a play by a person who is or was directly or indirectly working in or is otherwise related to the casino, gambling and/or game provider industry or by a person who is a professional sports player with respect to the Sportsbook Services;
5.1.3. As the End User, You understand that crypto-currencies are not considered as legal currencies and as such on the Website they are treated as virtual funds with no intrinsic value. You understand that crypto-currencies exchange rate can change dramatically or even fall to zero depending on the market value;
5.1.4. All details, contact information and personal data provided and submitted by You to the Company either during the registration process or at any time thereafter, including as part of any payment deposit transaction are true, up-to-date, correct and complete and solely You are responsible for the authenticity, validity and accuracy of any crypto-transaction to Your Account;
5.1.5. As the End User, Your Account with the Company is solely for Your benefit. You shall not allow anyone (including a relative, friend or otherwise connected person) to use Your Account, password or identity to access or use the Services and You shall be fully responsible for any activities commenced on Your Account by a third party. You will not reveal Your Account username or password to any person and You shall take all effort to ensure that such details are not revealed to any person. You shall inform us immediately on email@example.com if You suspect that Your Account is being used by a third party and/or any third party has an access to Your Account username or password so that We may investigate such matter and You will cooperate with us respectively, in the event of such investigation;
5.1.6. As the End User, You are responsible for the security of Your username and password on Your own computer and any device on which the Website is or may be accessible including an Internet access location. If this username password combination is “hacked” from Your computer, due to any virus or malware that may be present on the computer that You access Your Account with, this is Your responsibility. You should report any possible hacking attempts or security breaches from Your computer immediately to the Company at firstname.lastname@example.org ;
5.1.7. As the End User, You have verified and determined that Your use of the Services does not violate any laws or regulations of any jurisdiction. You fully understand the methods, rules and procedures of the Services and Internet gambling in general. You will not commit any acts or display, any conduct that damages the reputation of the Company and/or inflicts any direct or indirect financial damage to the Company;
5.1.8. As the End User, You are fully aware that there is a risk of losing money when gambling by means of our Services and You are fully responsible for such loss. You agree that Your use of the Services is at Your sole option, discretion and risk. In relation to any loss, You shall have no claims whatsoever against the Company or any Company within the same group of companies as the Company or their respective directors, officers, employees, Service providers, agents, or any affiliates of any of the foregoing;
5.1.10. As the End User, You agree to use the Website and Services in complete accordance with the terms and conditions of this Agreement, as amended from time to time, and shall abide by all rules and instructions for playing the games that comprise the Services;
5.1.11. You are solely responsible for all taxes and tax reporting to any relevant governmental taxation or any other authorities on any winnings paid to You by the Company or any other related or affiliated entity, subject to applicable local, state and/or federal tax regulations.
5.2. As the End User, You shall use the Services in full compliance with the terms and conditions of the Agreement and only in good faith towards both the Company and the other users of the Company using the Services. In the event that the Company deems that You have been using the Services in violation of Your obligations, representations and warranties contained herein or any applicable laws and/or You have been causing direct or indirect harm or injury to the Company or any user of the Company, the Company shall have the right, subject to any applicable law, to block and terminate Your Account and confiscate all monetary funds available therein.
Illegal Funds and Unlawful Activities
6.1. As the End User, You declare that the funds used by You for gambling on the Website is not illegal and that You will not use the Services and You will not use the Services for any unlawful or fraudulent activity or prohibited transaction (including money laundering). If we find out that Your are in breach of this clause, We reserve the right to block and terminate your Account and confiscate all monetary funds available on Your Account.
6.2. If the Company has a suspicion that You may be engaging in or have engaged in fraudulent, unlawful or improper activity including, without limitation to money laundering activities or conduct in violation of this Agreement, Your access to the Services may be terminated immediately and/or Your Account blocked and terminated, in this event the Company is under no obligation to refund You any funds that may be in Your Account.
6.3. We have developed and employed sophisticated proprietary technology intended to seek out and identify users making fraudulent or unlawful use of the Services. You shall not break into, access or attempt to break into or access or otherwise circumvent the Company’s security measures.
6.4. The Company reserves the right to declare the wager and/or the winning void partially or in full if the Company, at its own discretion, deems it obvious that any of the following circumstances has occurred:
6.4.1. People associated with the End User may directly or indirectly influence the outcome of an event, to obtain an unlawful advantage;
6.4.2. People associated with the End User are directly or indirectly avoiding the rules of the Company;
6.4.3. The result of an event has been directly or indirectly affected by criminal or suspicious activity;
6.4.4. Wagers have been placed that would not have been accepted otherwise, but that were accepted during periods when the Website malfunctioning or experiencing technical problems;
6.4.5. Due to an error, such as a mistake, misprint on the table, odds or software, technical error, force majeure or otherwise, wagers have been offered, placed and or accepted due to this error.
6.5. If the Company believes that You are in breach of this clause, it may terminate Your access to the Services immediately and have Your Account terminated and blocked, initiate investigation, and/or notify the proper authorities of the suspected activity, which may result in the closure of all Your Accounts and You being barred from future use of the Services, in this event the Company is under no obligation to refund You any funds that may be in Your Account.
6.6. The use of any automated tool designed to provide assistance in betting decisions or used in any way in connection with Your use of the Services is strictly prohibited. Therefore, the use of software, external devices, programs or applications is strictly prohibited. You are not allowed to use any software program which, in our opinion, is endowed with Artificial Intelligence in connection with Your use of the Services.
6.7. We review the use of the Services in order to detect the use of AI software on a daily basis and in the event that We deem it has been used, Company reserves the right to take any action We deem fit, including immediately blocking access to the Services to the offending user and terminating such user’s Account, in this event the Company is under no obligation to refund You any funds that may be in Your Account.7. CUSTOMER DUE DILIGENCE
7.1. In order to identify and verify the End User, mitigate the risks of money laundering and terrorism financing, examine the legality of source of funds used by the End User in the Gaming Services, as well as, check whether the End User complies with the terms of the present Agreement, the Company shall have the right to use any and all Customer due diligence measures (the “CDD” or “CDD Measures”) and KYC (“know your client”) procedures (the “KYC Procedures”) and You are obliged to comply with any and all such requests of the Company in due and timely manner.
7.2. CDD Measures and KYC Procedures may include any of the following: requesting personal information about the End User in order to identify him/her; verifying the personal information provided by the End User; requesting the information and documents about the End User’s occupation, source of funds and source of income used by the End User in the Gaming Services; checking the personal and professional information about the End User; checking and analyzing the gambling activity pattern of the End User, etc.
7.3. The Company may apply CDD Measures any time, at its sole discretion and with or without providing the reasons and explanations of doing so, and especially in the following circumstances:
7.3.1. The End User carries out transaction of withdrawing or depositing funds from or on his/her Account, that is more than a particular limit established by the Company from time to time;
7.3.2. The transaction in relation to the Account is made from or to a high risk suspicious account /wallet;
7.3.3. The Company doubts the veracity or adequacy of documents or information about the End User previously obtained for the purposes of identification or verification or the Company discovers that the Customer has provided false or stolen identification documentation or information;
7.3.4. The Company suspects money laundering or terrorism financing;
7.3.5. The End User is located and/or makes transactions from the territories and countries, which the Company considers as high-risk territories, and countries in respect with money laundering or terrorism financing. In order to determine that a country and customers from that country pose a higher risk, the Company uses its own experience, as well as takes into account a variety of other credible sources of information, such as information available from FATF and nongovernmental organizations;
7.3.6. The Company suspects that the End User is engaged in fraudulent activity, has multiple Accounts, does not play fairly and/or is in breach of any of his/her obligations or prohibitions set out in this Agreement;
7.3.7. The Customer or a potential Customer is a Politically Exposed Person (PEP), or a family member or known close associate of a PEP;
7.3.8. A transaction made by the User is complex or unusually large, or there is an unusual pattern of transactions, and the transaction or transactions have no apparent economic or legal purpose;
7.3.9. There is other case, which, by its nature, can present a higher risk of money laundering, terrorism financing or possible breach of this Agreement by the User.
7.4. In the event when the Company suspects any of the activities set out in Section 7.3, the Company takes necessary measures to examine the backgrounds of any those activities, including, but not limited to, seeking additional independent, reliable sources to verify the information provided and to determine whether the transaction to be suspicious, taking additional measures to understand the background, ownership and financial situation of the User and other parties to the transaction, making a video or voice call with the User by any means of electronic communications, assessing whether the transaction is consistent with the purpose and intended nature of the business relationship, increasing the monitoring of the business relationship and applying greater scrutiny to the transaction made. At the point where the threshold is reached, the Company may put all funds owed to the Customer into an account (or equivalent) from and on which no withdrawals and deposits can be made, until CDD is completed successfully, to the full satisfaction of the Company.
7.5. As part of KYC procedures or CDD Measures in general, we may request a phone call with You on the phone number provided to us. We may suspend Your Account and all transactions from or to Your Account until the phone conversation and interview has been conducted duly, to the satisfaction of the Company. In case the provided phone number is incorrect, missing or false or You do not answer our phone call irrespective of our multiple attempts to reach You within a reasonable period of time, We reserve the right to block and terminate Your Account and confiscate all monetary funds available on Your Account.
7.6. We reserve the right to record and keep all written and oral communication with You during the CDD process, also use it as necessary to conduct checks, verifications and investigations, as well as to protect our interests and rights before the respective third parties, in case any dispute arises between You and the Company.
7.7. You are obliged to submit to the Company all KYC and CDD documents requested by the Company during 14 (fourteen) calendar days after the request is made by the Company. If You do not meet the set deadline the Company shall have the right to block and terminate Your Account and confiscate all funds available on Your Account.
7.8. The Company should be entitled to inform any relevant authority or entity of any payment fraud or otherwise unlawful activity and under no circumstances shall the Company be liable for any unauthorized transactions through the Accounts, irrespective of whether or not the Customer is the beneficial owner of the respective Accounts.
7.9. As the End User, You hereby consent to be duly aware of the Company’s Customer Due Diligence measures to be applied to You whether the Company suspects any of the suspicious customer activity requiring further inquiry and investigation, that You agree to be bound by the Company’s policy to access, monitor, process Your personal information based on the requirements set out in Section 7. If you do not comply with the respective KYC and/or CDD requirements set by the Company or if the Company, as a result of KYC Procedures and/or CDD Measures, discovers that You are in breach of any provisions of this Agreement, the Company reserves the right to block and terminate Your Account and confiscate all Your funds available on Your Account.8. WITHDRAWALS AND MAXIMUM WIN LIMITATION
8.1. You are allowed to withdraw monetary funds accumulated on Your Account, including Your deposits and winnings, to Your other crypto-wallet account not held with the Company only if: a) You are a verified User, meaning that You have verified your email address and/or the phone number and/or complied with any other verification requirement established by the Company, from time to time, and b) You comply with the wagering requirement established by the Company. Wagering requirement means the amount of monetary value or number of times You need to make bets before You are allowed to withdraw all or part of your funds from Your Account to Your other crypto-wallet account (the “Wagering Requirement”). We establish different Wagering Requirements for different Gaming Services, in particular:
8.1.1. On Slots, Casino Games and Live Games Your deposit amount must be wagered, be turned over 2 (two) times;
8.1.2. On Sportsbook Services You have to make at least one bet with minimum stake of 50% of Your deposit amount (example: if Your deposit amount is equivalent to EUR 100, You have to bet minimum EUR 50 on any position You can select on Sportsbook Services);
8.1.3. Wagering Requirement in case of bonuses and promotions is set out in Bonus Terms and Conditions;
8.1.4. We have no Wagering Requirement on cashbacks.
8.2. When reviewing Your withdrawal request, the Company reserves the right to allow You to withdraw monetary funds from Your Account in installments. The number of installments and the period of time when the funds will be fully released will be determined by the Company reasonably, on case by case basis.
8.3. Certain requests on withdrawals can take considerable amount of time to be processed and approved by the Company. The Company reserves a right to consider and approve any of such requests within reasonable period of time.
8.4. You are solely responsible for the transaction validity and compliance with the respective currency between crypto-wallets while making sum transactions to or from Your Account. The Company is under no obligation to refund You any sum erroneously lost due to negligence during transaction.
8.5. The maximum amount that we shall be obliged to pay to You in respect of any single bet or spin, including any single bonus round or free spin, shall be limited to and in no event shall exceed the amount of crypto currency equivalent to EUR 300 000 (three hundred thousand) (the “Maximum Win Limit”). The Maximum Win Limit does not include any Jackpot winnings. You acknowledge and agree that for certain Gaming Services your approved staking level may mean that You may have the opportunity to win above the the Maximum Win Limit. Also, the amount of the total winning, including the amount above the Maximum Win Limit, may be deposited on Your Account. You acknowledge and agree that we shall have the right to cut the amount above the Maximum Win Limit from Your Account and pay to You only the Maximum Win Limit.9. BONUSES AND PROMOTIONS
9.1. All the information regarding promotions, bonuses, free spins or special offers are available on our Website. Any bonus credited to Your Account must be used in accordance with the Bonus Terms and Conditions. We reserve the right to withdraw any promotion, bonus, free spins or special offers at any time.
9.2. The Wagering Requirement for each bonus and promotion may vary and shall be displayed when receiving the bonus. If You request withdrawal until all the Wagering Requirements are met and approved by the Company, the bonus amount will be annulled.
9.3. Limitations relating to bonuses or free spins may be imposed at our sole discretion. Only one bonus and/or free spins can be in active status.
9.4. Only End Users who have verified their email addresses and phone number are able to claim any bonuses or promotions offered at our Website. Only End Users who have verified their phone numbers are able to claim to sign up No-Deposit 25 free spins. Using temporary numbers gained from third party websites is strictly prohibited, and in case of identification, actions will follow as defined below.
9.5. In the event the Company believes an End User is abusing or endeavoring to abuse a bonus or other promotion, or is likely to benefit through abuse, the Company may, at its sole discretion, withdraw, deny, withhold from such End User bonus or promotion, or either temporarily or permanently terminate the User’s access to the Services.
9.6. In the event that the Company deems in its sole discretion that You have been taking unfair advantage of the Company’s bonuses or have executed any other act in bad faith in relation to a bonus promotion offered on the Website, the Company shall have the right to block or terminate Your Accounts and in such circumstances, the Company shall be under no obligation to refund You any bonus funds or winnings that may be in Your Accounts in the meantime of blocking.
9.7. If We have reasonable suspicion that an Account or group of Accounts are operating systematically – for example exercising specific wagering techniques or wagering as a group, the Company shall have the right to block or terminate all Accounts and, in such circumstances, the Company shall be under no obligation to refund to You any funds that may be in Your Account.
9.8. You hereby agree that in the event of Your winning a jackpot worth of publicity in relation to the casino slots games, video slots, video poker or any other jackpot game or machine You will grant to the Company an unalterable, exclusive and continuous worldwide right and license, to use Your name and likeness in any media, in connection with the marketing and promotion of the Company and the Website and You will fully cooperate with the Company's representatives in such regard.10. PROHIBITED TERRITORIES
10.1. The Company establishes the list of the prohibited countries and territories per each game provider (the “Prohibited Territories”). The List of the Prohibited Territories is provided on the Website and constitutes the integral part of this Agreement. The list is subject to updates per request of the game providers.
10.2. You are not allowed to use the Gaming Service from any of the Prohibited Territories. Generally, we will block Your access to the particular Gaming Service from the Prohibited Territories, however, if it happens that Your access is not blocked and You are still able to use the Service from the Prohibited Territories, we reserve the right to void any wagers and winnings of You if we find out that the bet was made from any of the Prohibited Territory.
10.3. We do not provide our Services to the End Users located on certain territories, counties and jurisdictions, which require the respective local gaming license to be obtained for operating gaming platform and providing gaming and gambling services on such territory, unless we obtain the respective local license for the respective jurisdiction.11. OBLIGATIONS OF THE COMPANY
11.1. We undertake to arrange the Website and the Gaming Services fairly and in compliance with the applicable laws and regulations and the terms of our gaming license. If you play fairly and use our Services in full compliance with this Agreement and the applicable laws and regulations, We undertake to release all Your winnings and monetary funds duly and legally deposited on Your Account to You. If We suspect or have proof that You do not play fairly and/or violate any of Your obligations and rules contained in this Agreement, We will notify You accordingly, provide You with the respective reasoning and take measures that are set out in this Agreement.
11.3. The Company has no obligation to check whether users are using the Services in accordance with the User Agreement, as amended from time to time.
11.4. Under no circumstances shall the Company be obligated to investigate or pursue any complaint made by a User against any other User using the Services or to take any other action in connection therewith or take any action against a User for any reason, including without limitation to violating the terms of the User Agreement. The Company may, at its sole discretion, decide to take appropriate action against any person it suspects of engaging in any illicit behavior or otherwise violating the terms of the User Agreement, but is under no obligation to do so.12. INTELLECTUAL PROPERTY RIGHTS
12.1. All Website design, text, graphics, music, sound, photographs, video, the selection and arrangement thereof, software compilations, underlying source code, software and all other material forming part of the Services are subject to copyright and other proprietary rights which are either owned by us or used under license from third party rights owners. To the extent that any material comprised within the Services may be downloaded or printed then such material may be downloaded to a single device only (and hard copies may be printed) solely for Your own personal, non-commercial use.
12.5. All intellectual property rights in the name “FortuneJack" and or “Nexus”, the logos, designs, trademarks and other distinctive brand features of the Company and any content provided by the Company or any third party for inclusion on the Website vest in the Company or the applicable third party. You agree not to display or use such logos, designs, trademarks and other distinctive brand features in any manner without our prior written consent.13. DISPUTES
13.1. You accept and agree that the random number generator will determine the randomly generated events required in connection with the Services and where the result shown on the Website conflicts with the result shown on our server, the result shown on our server shall in all circumstances take preference. You understand and agree that (without prejudice to Your other rights and remedies) the Company records are unbiased and shall be the final authority in determining the terms of Your use of the Services and You shall have no right to dispute the Company's decisions in regard to such matters.
13.2. No claims or disputes will be considered more than 7 (seven) business days after the date of the original transaction. You hereby undertake to raise such claims or disputes with the customer support office at email@example.com and to provide the Company with all the pertinent information or evidence, which the Company reasonably requires to review Your claim or dispute.
13.3. The Company’s support team will review Your claim and provide You with its decision within reasonable period of time of You submitting Your claim or dispute.
13.4. If You do not agree with the Company’s decision, You should contact our Support Manager to appeal the Company’s decision and provide the Company with all the relevant evidence in relation to Your appeal promptly and thoroughly.
13.5. The Support Manager will re-review Your claim or dispute and provide You with the Company’s final and binding decision within 14 (fourteen) business days.
13.6. In the event that You have exhausted all reasonable means in resolving a complaint which You may have in relation to the Services, You may refer to the Alternative Dispute Resolution sources at Your sole discretion, providing, that You consent to the jurisdiction of Curaçao to resolve any disputes arising out of the gambling Services or use of the Website.14. LIMITATION OF LIABILITY
14.1. You agree that You are free to choose whether to use the Services and do so at Your sole option, discretion and risk.
14.2. We will provide the Services with reasonable skill and care and substantially as described in this Agreement. We do not make any other promises or warranties regarding the Services, or any products or Services forming a part of the Services, and hereby exclude (to the extent permitted by law) all implied warranties in respect of the same (including implied warranties as to satisfactory quality and/or proper for Your purpose). In particular, We do not warrant that the Website and/or the Services will have uninterrupted availability, will be accessible without interruptions or that it will be free of bugs, viruses or other errors.
14.3. The Company shall not be liable to You or any third party in contract, negligence, tort or otherwise, for any loss or damage whatsoever arising from or in any way connected with Your, or any third party’s, use of the Services, whether direct or indirect, including, without limitation, damage for loss of business, loss of profits (including loss of or failure to receive anticipated winnings), business interruption, loss of business information, or any other pecuniary or significant loss.
14.4. The Company shall not be liable in contract, tort or otherwise, for any loss or damage whatsoever arising from or in any way connected with Your use, of any link contained on the Websites. The Company is not responsible for the content contained on any Internet Website linked to from the Websites or via the Services.
14.5. You confirm that the Company shall not be responsible to You or any third party for any modification to, suspension of or interruption of the Services.
14.6. You agree that, in the event that the Services, either owned by the Company or provided by the Service Providers, or the Website fails to operate correctly as a result of, but not limited to, any delay or interruption in operation, transaction or transmission, any loss or corruption of data or communication or lines failure, any person's misuse of the Websites or its contents or any error or any other factors beyond our control:
14.6.1. the Company will not be responsible for any loss, including loss of winnings, that may result, in such manner no loss will be refunded.
14.6.2. if any such errors result in an increase in winnings owed or paid to You, You shall not be entitled to the winnings falling within such increase. You shall immediately inform the Company of the error and shall repay any winnings credited to Your Account in error to the Company (as directed by the Company) or the Company may, at its discretion, deduct an amount equal to those winnings from Your Account. You shall not withdraw money that has been credited to your account in error, and if you do so, that amount will constitute a debt owed to us by you.
14.7. The maximum pecuniary liability in relation to Your use of the Website and the Gaming Services shall not exceed the value of the authentic wagers You placed in respect to the Gaming Service that the liability arose from, during 1 (one) month period before you submit to Us a written request about the compensation. However, Our liability shall in no event exceed EUR 1 000 (one thousand) or its equivalent in other monetary value. You are required to submit to us the written request about the compensation within 1 (one) month from the event causing our liability took place, otherwise, we may not consider your request and claim.15. BREACH OF THE USER AGREEMENT
15.1. You will fully indemnify, defend and hold us and our officers, directors, employees, agents, contractors and suppliers harmless from and against any and all losses, costs, expenses, claims, demands, liabilities and damages (including legal fees), however caused, that may arise, whether or not reasonably foreseeable, as a result of or in connection with:
15.1.1. The access to and use of the Services by You or by anyone else using Your username and password;
15.2. If You are in breach of the Agreement, We may at our sole discretion, prior to any suspension or termination of Your Account, notify You (using Your Contact Details) that You are in breach, requiring You to stop the relevant act or failure to act, and/or requiring You to put right an act or fault on Your part and warning You of our intended action if You do not do so, provided always that such notification shall not be deemed as a preliminary warning before any suspension or termination of Your Account.
15.3. We have the right to disable any User Account, 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 this Agreement.16. CHAT FEATURE
16.1. As part of Your use of the Service the Company may provide You with a chat facility via which You will be able to communicate with other Users of the Service. The Company reserves the right to review the chat and to keep a record of all statements made on such facility. Your use of the chat facility is subject to the following rules:
16.1.1. You shall not make any statements that are sexually explicit or grossly offensive, including expressions of bigotry, racism, hatred or profanity.
16.1.2. You shall not make statements that advertise, promote or otherwise relate to any other online entities.
16.1.3. You shall not make statements about the Company or the Websites or any other Internet Website connected to the Company that are untrue and/or malicious and/or damaging to the Company.
16.2. In the event of You violating any of the above provisions relating to the chat facility, the Company shall have the right to remove Your chat privilege or even temporarily or permanently terminate Your Account.17. MISCELLANEOUS
17.1. This Agreement, as well as all matters relating to is, is governed and shall be interpreted by the laws of Curaçao. The courts of Curaçao shall have exclusive jurisdiction to resolve any dispute arising from or related to this Agreement.
17.2. If any part of the User Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the rest of the User Agreement and shall not affect the validity and enforceability of any of the remaining provisions of the User Agreement. In such cases, the part deemed invalid or unenforceable shall be construed in a manner consistent with applicable law to reflect, as closely as possible, the original intent of the parties and the true spirit of this Agreement.
17.3. No waiver by us of any terms of the User Agreement and no refusal by us to exercise any of our rights under this User Agreement shall be interpreted as a waiver of any preceding or succeeding breach of any terms of the User Agreement.
17.4. Unless otherwise expressly stated, nothing in the User Agreement shall create or confer any rights or any other benefits to third parties.
17.5. Pursuant to state and/or applicable jurisdiction, You may be required to complete certain tax forms before winnings that exceed a taxable threshold can be released to You. By using the Services, You agree to fully comply with all applicable tax laws and hereby release the Company from any liability associated with Your compliance.