Responsible Gaming Agreement (RGA) & Gaming Terms and Conditions (GT&C) for services offered by the Organizer of betwoon365.com to the Player.
Registered on 07.10.2024
EXPLANATION - The Responsible Gaming Agreement (RGA) is a legally binding agreement that outlines the terms and conditions for participating in games of chance offered by the Brand website. The agreement is between the consumer (the player), the gaming service organizer and an intermediary to assist in resolving disputes. By accepting the agreement, you agree to abide by the Gaming Terms and Conditions (GT&C). A simplified explanation is offered with each article, but the actual articles are the only valid source of information for legal purposes.
RESPONSIBLE GAMING AGREEMENT (RGA)
Article 1 and 2, RGA: Services and terms and conditions
EXPLANATION - Articles 1 and 2 of the Responsible Gaming Agreement (RGA) explain that by participating in games of chance under this agreement, you understand and accept that you may win or lose. The agreement is accompanied by the Gaming Terms and Conditions (GT&C) and various policies that are integral to the agreement. The operator may also provide additional guidelines that explain how these policies relate to specific in-game offerings, including options to purchase in-game features. It is important to carefully consider these offerings and understand that accepting them binds you to the applicable guidelines.
Article 1
1.1. This agreement (the: “Responsible Gaming Agreement”, the: “Agreement”, or: “RGA”) sets forth an offer as meant in Article 6:217, Section 1 of the Curaçao Civil Code (“CCC”) to the consumer (“You”, the: “Player”, or the: “End User”) to participate in games of chance (the: “Games”) of which the outcome is determined primarily by random or unpredictable events (the: “Gaming Service”). The Gaming Service is offered via access to a secure and personal area (the: “Gaming Environment”) of the Brand: betwoon365.com (the: “Brand”), which may also include alternate designations (the: “Aliases”). The Gaming Service is meant to be used for Your personal entertainment only.
1.2. The Gaming Environment is operated by GSR Technology N.V., a company that has its statutory seat and registered office in Curaçao (the: “Operator”, the: “Gaming Service Organizer”, “Organizer”).
1.3. The Gaming Service is subject to the National Ordinance on Offshore Games of Hazard (Landsverordening buitengaatse hazardspelen, P.B. 1993, no. 63) (NOOGH).
1.4. Under the Agreement and its GT&C contained herein, You and the Operator may agree under various conditions, elements and factors, to bind an entitlement (the: “Stake”), to a specific and predominantly uncertain and unpredictable outcome of a Game. This activity is defined as: placing a “Bet”, also referred to as: “Wager”. If the outcome of the Game is declared in Your favor (the: “Win”), You shall then be entitled to a benefit, (the: “Prize”). If the outcome of the Bet is not declared in Your favor (the: “Loss”), You shall have forfeited Your Stake.
1.5. In addition to the offerings as set forth in section 1.4., it is at the discretion of the Operator to allow You to be eligible to simultaneously participate in a special, concurrent Game (“Jackpot Game”) of which the outcome may lead to the Win of an accumulated Prize (“Jackpot Win”). In addition to winning a Prize, You may also be eligible to receive a benefit that is gained, not by participating in a Game, but for other reasons, such as to provide You with an incentive (the: “Promotion”). A Promotion is not a Prize. The offer is often of a temporary nature, subject to important restrictions and may be abated by the Operator upon expiration.
1.6. Under the Agreement, the Intermediary is appointed by the Organizer to assist in resolving any argument, disagreement, controversy or dissension (a: “Dispute”) pertaining to the Gaming Service, that the Organizer and the Player were not able to amicably resolve amongst themselves, by binding decision as meant in article 7:900, section 2, CCC (the: “Binding Decision”). For this purpose, the Intermediary, the cost to be borne by the Organizer, validates and registers the Brand, the rules and conditions, including changes and updates, that apply to the Gaming Service, making this information available to the Organizer and to You whenever requested (the: “Intermediary Service”). The Intermediary assigns a unique validation reference to each updated version of the Agreement and the GT&C contained herein, to be clearly marked at the top of the registered and validated document.
1.7. The Gaming Service and the Intermediary Service are jointly referred to as the: “Services”). The Organizer and the Intermediary are jointly referred to as the: “Service Parties”. The Player and the Service Parties are jointly referred to as the: “Parties to the Agreement”, or in short, the: “Parties”).
1.8. The Agreement and the GT&C contained herein is legally binding. Your acceptance of the Agreement and the GT&C contained herein, is a prerequisite for the use of the Services.
Article 2, RGA
2.1. To the Agreement apply terms and conditions (the: “Gaming Terms and Conditions, or: “GT&C”), that form an integral and inseparable part of the Agreement, as set forth in article 1.2. of the GT&C. They include the policies (the: “Policies”), that are essential for the proper and legitimate use of the Services.
2.2. The GT&C contain the following Policies:
(a) the Policy as set forth in articles 2 and 3, GT&C (the: “Exclusion Policy“);
(b) the Policy as set forth in articles 4 and 5, GT&C (the: “Account Policy“);
(c) the Policy as set forth in article 6, GT&C (the: “Withdrawal Policy“);
(d) the Policy as set forth in article 7, GT&C (the: “Information Policy“);
(e) the Policy as set forth in article 8, GT&C (the: “Promotions Policy“);
(f) the Policy as set forth in article 9, GT&C (the: “Anti-Abuse Policy“);
(g) the Policy as set forth in article 10, GT&C (the: “Dispute Policy“);
(h) the Policy as set forth in articles 11 and 12, GT&C (the: “Complaint Policy“);
(i) the Policy as set forth in article 13, GT&C (the: “Liability Policy“);
(j) the Policy as set forth in article 14, GT&C (the: “Communications Policy“).
2.3. You acknowledge, agree and accept that the Operator may make available for Your perusal, additional details (the: “Guidelines”), further explaining how the Policies relate to specific in-game offerings (the: “In-Game Offerings”), including options to purchase any particular in-game features, such as but not limited to the purchase of free in-game Bets (the: “Features”).
2.4. You acknowledge, agree and accept that the often temporary nature of the In-Game Offerings makes it impossible to include them within the GT&C, as the GT&C would need to be updated on a weekly or even daily basis. You acknowledge, agree and accept prior to accepting such In-Game Offerings, which are optional, to carefully consider them and when accepting them, that You shall be legally bound to any Guideline that applies to the In-Game Offerings.
2.5. You acknowledge, agree and accept that whenever and wherever You use the Gaming Service, it is Your sole and personal responsibility to make certain that You are not legally prohibited from doing so.
2.6. You acknowledge, agree and accept that:
(a) the Agreement, the GT&C contained herein and the Guidelines represent the entire Agreement and understanding between the Parties. It supersedes all prior and contemporaneous agreements and understandings, whether oral or written;
(b) in the event that any clause or provision of the Agreement and the GT&C contained herein is declared partially void, illegal, or unenforceable by an arbiter or court of competent jurisdiction, its remaining provisions shall remain in full force and effect, and that You shall negotiate in good faith to replace any invalid provision with a valid provision that achieves the same or similar objectives;
(c) the Service Parties offer You, with reference to the Communications Policy, the opportunity to provide feedback by asking questions, by making remarks or by voicing any concerns pertaining to the Agreement and the GT&C contained herein and the Guidelines.
2.7. The Parties accept, agree and acknowledge that the Agreement and the GT&C contained herein and its performance, including the Guidelines, are subject to the laws of Curaçao, as meant in article 14, paragraph 3, subsection (j) of the License Conditions.
Article 3, RGA: About the Gaming Environment
EXPLANATION - Article 3 of the Responsible Gaming Agreement (RGA) explains that to participate in the Games, you need to register and create an account, containing a balance that represents your entitlement to credits (Game Credits) and other relevant information for game participation. It is important to understand that not all credits can be converted into real-world money or goods. The operator has the right to modify or terminate the availability, use, or transferability of credits.
Article 3, RGA
3.1. In order to be able to participate in the Games, You have to obtain access to the Gaming Environment as meant in section 1.1. For this purpose, You are required to register Your credentials. By registering, You are assigned a personal ledger with the Brand (the: “Account”). The Account contains one or more overviews (the: “Credit Balance”, or: “Balance”), displaying Your entitlement to the total amount of credits (“Game Credits” or: “Credits”), as well as other information that might be relevant to You for the purpose of participation in the Games.
3.2. You acknowledge, agree and accept that whether Credits can be considered resources of economic and intrinsic value (“Assets”), depends on the type of Credits:
(a) Credits that have been purchased by exchanging real-world currency for Credits via a deposit (the: “Deposit”), crediting those Credits to Your Account (“Deposited Credits”), are considered Assets. An exchange that has been compromised by a chargeback, reversal or otherwise, does not qualify as a Deposit;
(b) Credits obtained through regular gameplay or promotional means are not considered Assets (“Non-Deposited Credits”);
(c) Non-Deposited Credits may only become Assets if they have been specifically marked by the Operator as transferable (“Transferable Credits”) into real-world money, tangible goods or services outside the Gaming Environment via means of withdrawal (the: “Withdrawal”). If not, they are to be deemed non-transferable (“Non-Transferable Credits”).
3.3. You acknowledge, agree and accept that:
(a) the distinction between Deposited Credits and Non-Deposited Credits is essential;
(b) You shall abide by the terms and conditions related to each type of Credit as outlined in the Account Policy;
(c) the Operator retains the right to modify, suspend, or terminate the availability, use, or transferability of both Deposited and Non-Deposited Credits at its sole discretion, in compliance with the Account Policy;
(d) You should seek legal or financial advice if You have any questions regarding the nature, value, or transferability of Credits before making any decisions related to their usage or disposition.
3.4. In compliance with the Account Policy, the Account may accumulate Credits:
(a) if You make a Deposit, as meant in section 3.2., subsection (a);
(b) if You make a Win as meant in section 1.4.;
(c) if the Operator makes an upward adjustment to the Balance (the: “Adjustment”) due to a:
(1) given Promotion;
(2) given compensation, for example, that is meant to negate a negative customers experience;
(3) correction of a previous downward adjustment.
3.5. In compliance with the Account Policy, the Account may dissipate Credits:
(a) if You make a Withdrawal as meant in section 3.2., subsection (c);
(b) if You purchase of a Feature (“Feature Purchase”), including, but not limited to the purchase of extra spins (“Free Bets”);
(c) if You incur a Loss as meant in section 1.4.;
(d) if the Operator makes a downward adjustment to the Balance due to:
(1) an expired Promotion;
(2) restrictions and limitations in as set forth in the Account Policy, including but not limited to a
correction of an Overbalance as defined in article 4, section 4, GT&C;
(3) a violation of the Anti-Abuse Policy, as set forth in the Anti-Abuse Policy;
3.6. You acknowledge, agree and accept that the Balance shown only reflects Your entitlement to the total amount of Credits, as meant in section 3.2. (“Total Credit Entitlement”, or: “TCE”). In order to calculate Your entitlement to the total of Withdrawals (“Total Withdrawal Entitlement”, or: “TWE”), the Balance needs to be consolidated in compliance with sections 3.4. and 3.5., resulting in the following equation: “TWE = Deposit Total + Win Total + Total Upward adjustments - Withdrawal Total - Feature Purchases - Loss Total - Total downward adjustments”. You acknowledge, agree and accept that the difference between the Total Credit Entitlement and the Total Withdrawal Entitlement are Non-Transferable Credits as meant in section 3.2., subsection (c).
3.7. You acknowledge, agree and accept that the processing of payments is subject to a continuous process of scrutiny and review by financial institutions and that this may lead to significant delays and restrictions in the processing of Deposits as well as Withdrawals. Such delays may often be outside of the control of the Operator. You acknowledge, agree and accept that the payout of Your Total Withdrawal Entitlement may for this purpose or for other purposes be bound to a schedule of multiple installments (the: “Payout Schedule”), in compliance with the Withdrawal Policy.
3.8. In accordance with article 14, section 2 of the Gaming License, Your acceptance of the Agreement, including the acceptance of the GT&C, is a prerequisite for registering with the Brand and to access the Gaming Environment. If You do not accept the Agreement and the GT&C contained herein, do not register an Account and if you have an existing account You should refrain from using the Gaming Environment. If You have accepted the Agreement and the GT&C but You have changed Your mind and You do not longer intend to comply with it, You have the obligation to immediately contact the Organizer as set forth in the Communications Policy, to discontinue using the Gaming Environment and to close Your account with the Brand, in compliance with the Exclusion Policy.
Article 4, RGA: Accepting the agreement and its terms and conditions contained herein
EXPLANATION - Article 4 of the Responsible Gaming Agreement (RGA) explains that by either using the gaming environment, or by ticking the acceptance box, you acknowledge and accept the contents of the agreement and the terms and conditions. It also explains the possibilities that are offered to you to review those contents.
Article 4, RGA
4.1. Either by accessing, registering, or using the Gaming Environment, or by ticking an acceptance box provided for accepting the Agreement and the GT&C contained herein “Acceptance Box”), You signify to acknowledge, agree and accept its contents, and to be legally bound by the Agreement and the GT&C contained herein as well as the Guidelines. This entails, but is not limited to:
(a) consent to and compliance with the Agreement and the GT&C contained herein;
(b) consent to and compliance with the Policies and the Guidelines;
(c) confirmation that You are not deemed an Excluded Person in compliance with the Exclusion Policy;
(d) representation and warranty that You have the authority to legally bind yourself to the Agreement and the GT&C contained herein and that You are willingly entering into the Agreement for the purposes of no other than personal use and entertainment;
(e) representation and warranty that You shall refrain from any action, conduct or behavior that violates the Agreement and the GT&C or any Policy or Guideline as meant in the Anti-Abuse Policy (“Abuse”).
4.2. You acknowledge, agree and accept that Abuse as meant in the Anti-Abuse Policy can have serious consequences for everyone involved and that it is important to always conduct Yourself in a responsible and ethical manner. You acknowledge, agree and accept that the Service Parties cannot tolerate any form or type of Abuse and that, if You are found to be involved in any form or type of Abuse, You may face consequences, including but not limited to suspension or termination of Your Account as well as legal action. You acknowledge, agree and accept that complying with the Anti-Abuse Policy is essential in order to protect the rights and interests of not just You, but of everyone involved, using or offering the Services.
4.3. You are required to acknowledge, agree and accept to be legally bound to the Agreement and the GT&C contained herein. Either by accessing, registering, or using the Gaming Environment, You signify to acknowledge, agree and accept the contents of the Agreement and the GT&C contained herein. For this purpose, the Service Parties shall provide You with a reasonable possibility to review the contents of the Agreement and the GT&C contained herein, as set forth in article 6:233, section (b), CCC, in one or more of the following manners:
(a) a link to the said contents is presented on the website and together with the Acceptance Box, offering You the possibility to download the Agreement and the GT&C, as meant in article 6:234, section 1, subsection (a), CCC;
(b) a copy of the Agreement and the GT&C has been validated and registered by the Intermediary, as meant in section 1.6. and it has been made available for Your perusal, as meant in article 6:234, section 1, subsection (b), CCC.
4.4. You agree, acknowledge and accept that in addition to the means as set forth in section 4.3.:
(a) the Agreement and the GT&C has also been made available to You for Your perusal by means of a link to a readable, printable and/or downloadable copy of the Agreement and the GT&C, presented at the bottom of website of the Brand;
(b) You have the option to at all times verify the legitimacy of the Brand and its license status by clicking on the seal of the Operator. If the seal indicates that the Operator is not properly licensed, stop using the Gaming Services immediately and contact the Intermediary for more information, in compliance with the Communications Policy.
4.5. You agree, acknowledge and accept that any individual option as described in this article, qualifies as a reasonable possibility to review the contents of the Agreement and the GT&C contained herein, as meant in article 6:234, section 1, subsection (a), CCC.
4.6. The original and official version of the Agreement and the GT&C contained herein is written in the English language. You agree, acknowledge and accept that You are solely responsible for making certain that You understand all Services offered under the umbrella of the Agreement and the GT&C contained herein, whether or not with the assistance of others and that You are also bound by the GT&C, as meant in Article 6:232, CCC, even when the Service Parties at the time the Parties entered into the Agreement, understood or ought to have understood that You were not aware of the contents of the GT&C. In addition to the English language, copies may also be available in other languages. However, the original English version shall supersede any translations.
4.7. Prior to and after accepting the Agreement and its GT&C contained herein, the Organizer may perform several additional, visible or covert checks, in a reasonable attempt to provide assurance that You, in compliance with the Exclusion Policy, are indeed eligible to use the Gaming Service. You have a personal responsibility to cooperate. If You are not eligible, or if You think that You might not be eligible, You should under no circumstance register an Account and You should refrain from using the Gaming Environment and the Gaming Services.
Article 5, RGA: Updates to the agreement and its terms and conditions
EXPLANATION - Article 5 of the Responsible Gaming Agreement (RGA) states that the service providers have the right to change the agreement and its terms and conditions. Any modifications or updates will be made available for you to review on the website. The updated agreement will replace previous versions and become effective two weeks after being made available. It is the consumer's responsibility to regularly check for changes. By continuing to use the services after the updated terms become effective, the consumer is considered to have accepted the changes. However, updates to the guidelines for in-game offerings may not be subject to the same terms, and it's important to review them regularly as well. Using an in-game offering after an updated guideline is considered acceptance of the updated guideline.
Article 5, RGA
5.1. You acknowledge, agree and accept that the Service Parties reserve the right to modify, update, or change the Agreement and the GT&C herein at their discretion. Any modifications, updates or changes in the Agreement and the GT&C herein shall be made available for Your perusal as set forth in section 4.3.
5.2. You acknowledge, agree and accept that the updated Agreement and the GT&C herein shall supersede and replace all prior versions, and shall become effective two weeks after they have been made available as meant in section 5.1. (the: “Effective Date”).
5.3. You acknowledge, agree and accept that It is Your responsibility to regularly review the Agreement and the GT&C contained herein. Continued use of the Services after the Effective Date of the updated terms and conditions constitutes acceptance of the updated Agreement and the GT&C contained herein.
5.4. You acknowledge, agree and accept that due to the often temporary nature of the In-game Offerings as meant in sections 2.3. and 2.4., any updates to the Guidelines as meant in section 2.3. shall be exempt and not subject to the terms and conditions of this article. It is Your responsibility to regularly review the Guidelines. Continued use of an In-Game Offering to which a Guideline applies, constitutes acceptance of the updated Guideline.
Article 6, RGA: Non-transferability
EXPLANATION - Article 6 of the Responsible Gaming Agreement (RGA) states that due to the personal nature of the gaming service, you understand and accept that any rights or claims you have related to the services provided under the agreement cannot be transferred or assigned to any third party. Any attempt to transfer these rights or claims will be considered a violation and will be null and void.
Article 6, RGA
6.1. You acknowledge, agree and accept that You are personally bound to any rights or claims arising from or relating to the Services performed under the Agreement and the GT&C contained herein, regardless of the legal argument and form of action, whether in contract, tort, strict liability or otherwise. Therefore such rights or claims shall not be assignable or transferable, in whole or in part, to any third party as meant in section 3:83, subsection 2, CCC.
6.2. You acknowledge, agree and accept that, in addition to section 6.1., any rights or claims arising from or relating to the Services performed under the Agreement and the GT&C contained herein shall not be assignable or transferable, in whole or in part, to any third party as meant in section 3:83, subsection 1, CCC, as article 2 of the Ordinance, with reference to articles 15 and 16 of the Gaming License requires a personal relationship between You and the Organizer. As such, the nature of this relationship prohibits such rights or claims from being assignable or transferable.
6.3. You acknowledge, agree and accept that any attempted assignment or transfer in violation of this article shall be deemed Abuse as set forth in the Anti-Abuse Policy and that it shall be null and void.
6.4. You acknowledge, agree and accept that rights or claims of rights cannot be passed on to third parties to provide a disadvantage or an advantage as set forth in article 6:163, CCC.
6.5. This article shall survive the termination or expiration of the Agreement and its GT&C contained herein.
Article 7, RGA: Choice of Forum
Article 7 of the Responsible Gaming Agreement (RGA) states that any conflicts or disagreements related to the agreement, including breaches or terminations, will, upon notification, be resolved through arbitration. You have the option to opt-out of arbitration by sending a written notice within one month, after notification. If you choose not to exercise that option, you will be bound by that choice.
Article 7, RGA
7.1. You acknowledge, agree and accept that any conflict, argument, disagreement, dissension, discord, challenge, controversy or claim arising out of or related to Agreement and the GT&C herein, including the Guidelines, including but not limited to the breach, termination, or validity thereo