TERMS AND CONDITIONS

INTRODUCTION

www.samcasino.com is subject to the provisions of these Terms and Conditions (or simply “the Terms”) and all its content is owned and operated by us and is accessed and used by you under these Terms and Conditions.

IT IS YOUR SOLE RESPONSIBILITY TO READ CAREFULLY AND ACCEPT THESE TERMS OF USE BEFORE YOU ACCESS OUR SITE.

BY ACCESSING WWW.SAMCASINO.COM AND BY USING ANY PART OF WWW.SAMCASINO.COM OR ANY CONTENT OR SERVICES ON WWW.SAMCASINO.COM, YOU ACCEPT AND AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS AND BY OUR PRIVACY AND ANY OTHER POLICIES THAT ARE INCORPORATED BY REFERENCE INTO THESE TERMS OR ANNOUNCED ON OUR SITE. IF THERE IS ANY INCONSISTENCY BETWEEN THESE TERMS AND ANY DOCUMENT INCORPORATED BY REFERENCE, THESE TERMS SHALL PREVAIL. THESE TERMS REPRESENT AN AGREEMENT BETWEEN YOU AND RED TURTLE.

You must read and understand these Terms and Conditions fully before accepting the agreement and using our Websites in any way. In the case that you do not agree with any part of these Terms and Conditions, you must not use or continue to use the Websites.

The Terms defined herein regulates the usage of games provided through www.samcasino.com as well as other URLs licensed to or belonging to RED TURTLE LTD. (“the Websites”).

Red Turtle Ltd. is a company incorporated in Malta with registration number C80211, and subject to Maltese law, having its registered address at Abacus Business Centre Level 1, Dun Karm Street, B’Kara Bypass, Birkirkara BKR 9037 Malta. RED TURTLE LTD. is licensed and regulated in Malta by the Malta Gaming Authority, with license number MGA/B2C/448/2017 issued on 19/02/2019.

All reference to Player, you, yours and/or your, has the meaning of reference to any user which plays on RED TURTLE. All reference of us, we, our, and/or ours, has the meaning of reference to RED TURTLE LTD., Www.samcasino.com or the Websites. RED TURTLE LTD. is simply Red Turtle.

”Games”, “the Games” or “Game” is referred to as any of the gaming products offered at the Websites. The version of this agreement is currently version 1.1 and was last updated 30.06.2015 and is valid until a new version is in place on the Websites and is accepted by the Player.

The Terms and Conditions also apply to all platforms and devices that enable game play of games provided by RED TURTLE.

We reserve the right to modify these Terms and Conditions and, thus, to amend this agreement between you and RED TURTLE at any time. We will notify you of any changes, in advance, and such change will not come in force in your sole respect unless and until you re-confirm acceptance of the changes. The full Terms and Conditions text shall be available to see in respective homepage of the Websites.

These Terms and Conditions become applicable when you register and confirm your registration details in the registration process at the Websites. By registering an account with RED TURTLE, you agree that you have read these Terms and Conditions and accept them. By using any of the Websites you signify that you agree with these, at the time, current Terms and Conditions.

You understand and agree to be bound by the Terms and Conditions contained in this text, as may be amended from time to time.

These Terms & Conditions may be published in a number of languages, reflecting the same principles, for information purposes and to help players. It is however only the English version that is the legal basis of the relationship between you and RED TURTLE. In case of any discrepancy between the English version and the non-English version of these Terms and Conditions, the English version shall prevail at any event.

GENERAL RIGHTS AND OBLIGATIONS & ACCOUNT

By entering and using our site you state and confirm subject to sole liability that you are over 18 years of age or comply with a higher minimum legal age, stipulated in the jurisdiction of your residence under the laws applicable to you. It is your sole responsibility to know whether online gambling is legal in your country of residence.

It is your sole responsibility to ensure that the information you provide is true, complete and correct. You may use the Games on your own behalf and not on the behalf of any other person, entity or company.

You may participate in the Games strictly in your personal non-professional capacity for recreational and entertainment reasons only.

You are solely responsible to follow any applicable law in your country of residence and if you are permitted by applicable law in your country of residence to play and thus open an account with us. We take no responsibility whatsoever if you make any violation or breach of any applicable law. Otherwise, we reserve the right to reject your account submission or to deactivate your account without any liability towards you.

The use of the on-line website is forbidden where you are a citizen of any of following countries: Afghanistan, Antigua and Barbuda, the Commonwealth of the Bahamas, Barbados, Belize, the Republic of Bulgaria, the People’s Republic of China, the Republic of Cuba, the Republic of Cyprus, the Kingdom of Denmark, the Dominican Republic, France, Greece, Grenada, Guiana, the Republic of Haiti, Hong Kong, the Islamic Republic of Iran, the State of Israel, the Kingdom of Jamaica, the State of Libya, Macau, Montserrat, the Netherlands Antilles, Nord Korea, the Republic of Serbia, the Kingdom of Spain, the Federation of Saint Kitts and Nevis, Saint Lucia, Saint Vincent, the Republic of Sudan, the Republic of Suriname, the Syrian Arab Republic, the Republic of Philippines, the Republic of Trinidad and Tobago, the Republic of Turkey, the United States of America and their territories.

You may only participate in any Game only if you have enough funds on your account for such participation.

You may not use funds that is tainted or associated with any illegality actions, money laundering, fraud or other illegal and/or criminal activity including that it does not originate from any illegal and/or criminal activity or source.

You are solely responsible for reporting and accounting for any taxes or other fees applicable to you under the relevant laws for any winnings that you receive from RED TURTLE.

You understand that by playing Games provided by us, you take the risk of losing money deposited into your account.

You shall not be involved in any fraudulent, collusive, fixing or other unlawful activity in relation to your or third parties’ participation in any of the Games and shall not use any software-assisted methods or techniques or hardware devices for your participation in any of the Games. We hereby reserve the right to invalidate any betting in the event of such behaviour.

You may only use the software for your own personal, recreational use in accordance with the rules, Terms and Conditions we have established herein and in accordance with all applicable laws, rules and regulations.

You shall be courteous to other players using the Websites as well as support personnel employed by RED TURTLE and avoid rude or obscene comments, use any form of hate speech, threat, violent behaviour, nor any form of bullying or harassment towards other.

In order for you to be able to place bets and deposit money, you must first register personally with us and open an account (“account”).

You are allowed to have only one account and register this personally. If you attempt to open more than one account, all betting accounts you try to open may be blocked or closed and any bets may be voided. RED TURTLE has the right to terminate any duplicate account at any time. If you notice that you have more than one registered Account you must notify us immediately. Failure to do so may lead to your Account being blocked for access.

If your Account has been blocked, we shall investigate any event of potential fraudulent activity. If our investigation results in the negative, we shall remit the funds in your account. If our investigation results to be positive, we shall remit the funds to the Authority.

You must enter all mandatory information requested into your registration form and you acknowledge and agree that all information that you give us, such as but not limited to, valid address and email, during the term of validity of this agreement is complete, true, correct, and that you will immediately notify us of changes of such information or change such details by yourself on the Websites.

You are hereby notified that we carry out verification procedures and that, your Account may be blocked for access or closed if you are found to supply false or misleading information. You are required to update and keep up to date the mandatory information provided in the registration form in the event such information changes.

As part of the registration process, you will have to choose your username and password for your login into the Website(s). It is your sole and exclusive responsibility to ensure that your login details are kept securely. You must not disclose your login details to anyone. We are not responsible for any abuse or misuse of your Account by third parties due to your disclosure, whether intentional or accidental, whether active or passive, of your login details to any third party. In the case there is a suspicion that such information should have been compromised you must inform RED TURTLE at your earliest convenience and take proper actions to prohibit or prevent any unauthorized access to any part of your account or funds.

Transferring funds from your Account to other players or receiving money from other players into your Account, or transfer, selling and/or acquiring user accounts is prohibited.

RED TURTLE reserves the right to refuse or close an Account at its sole discretion but any contractual obligations already made by RED TURTLE shall, without prejudice to any rights available at law to RED TURTLE, be honoured accordingly.

We prohibit player collusion and do not allow any kind of robots and programmed devices to participate in game play. If you wish to close your account, you may do so at any time, by contacting customer support in written form. You are required to send an email to support@samcasino.com indicating your intention to close your account. If you have a balance in your account, you should first effect a withdrawal request in order to be able to have your account closed. If you don’t have a balance on your account, we shall proceed with closing the account. The effective closure of the Account will correspond to the termination of the Terms and Conditions. In case the reason behind the closure of the Account is related to concerns about possible gambling addiction the player shall indicate it.

If we suspect you to have engaged in any form of collusion, cheating or fraudulent behaviour then we shall not be required to pay you any winnings in respect of such Games and, in addition to any other rights or remedies available to us, we may freeze the chips that you have been playing with and / or the balance standing to the credit of your Account and use some or all of such funds to compensate any victims of that behaviour.

Unless we suspect you to have engaged in any form of collusion, cheating or fraudulent behaviour, the balance standing to the credit of your Account with us will be returned to you within a reasonable time of your Account being closed.  If we do suspect you to have engaged in any form of collusion, cheating or fraudulent behaviour we may retain such of the balance standing to the credit of your Account as we consider to be reasonable while we conclude our investigations and the matters giving rise to our suspicion(s). We reserve the right to deduct from the amount we return to you such amounts as are necessarily to compensate those affected by your breach including without limitation any third party costs incurred or due in respect of the transfer of the balance. 

Neither party shall be liable to the other for any liability arising out of a force majeure event and for these purposes, "force majeure" means any event outside the reasonable control of a party affecting its ability to perform any of its obligations under these terms and conditions.

Termination of this Agreement shall not affect any obligation or liability that arose prior to the termination taking place and the following terms and conditions shall continue to apply following termination of this agreement in respect of any term which, by its nature is intended to continue after termination.

In the case a player account is closed, related information about the account is saved for up to five (5) years from the time the account is closed. Related information includes player name, address, phone, and email and account transactional details.

The privacy terms and conditions and collection of data are regulated on the Websites with our Privacy Policy. By accessing our Websites, you accept and allow the conditions under which we collect and process data and our principles of data protection.

Any information you send us will be processed in accordance with our Privacy Policy

You agree to indemnify us and hold us harmless in respect of the release of any personal (or other) data pursuant to these Terms and Conditions and our Privacy Policy.

DEPOSITS

We may assign minimum deposit levels and maximum deposit levels as specified on the Websites. The minimum deposit amount is five (5) Euro for the first deposit, where after Red Turtle has the right to increase the minimum deposit to ten (10) Euro.

The minimum deposit amount per transaction differs according to the deposit method used, while the maximum deposit amount can be varied at Red Turtle’s discretion.

Deposit options

·          Bank transfer

·          Credit card (visa / master card)

·          Skrill

·          Neteller

·          Paysafecard

Depositing funds into your account is made by use of any of the methods specified on the Websites, as may be amended from time to time. Details in respect to the timings for withdrawals in respect to the method utilized are available on the relevant pages of the Websites, as may be amended from time to time. We shall be processing withdrawals within 5 days of the request and not earlier of you providing all due diligence documentation required.

Deposited amounts are available on the Account within a reasonable amount of time after the confirmation of the deposit on all available deposit options unless extra verification procedures are needed.

We reserve the right to use additional procedures and means to verify your identity (Know Your Client) when effecting deposits into your Account.

If RED TURTLE mistakenly credits Your Account with winnings that do not belong to you, whether due to a technical or human error or otherwise, the amount will remain property of RED TURTLE and the amount will be transferred from Your Account. If prior to RED TURTLE 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 at law, the mistakenly paid amount will constitute a debt owed by You to RED TURTLE. In the event of an incorrect crediting, you are obliged to notify RED TURTLE immediately by email.

You shall only use credit card and other financial instruments that are valid and lawfully belong to you.

The minimum deposit amount is five (5) Euro for the first deposit, where after RED TURTLE has the right to increase the minimum deposit to ten (10) Euro.

It is illegal and prohibited to deposit money from ill-gotten means, or money which derive from any illegal, fraudulent or otherwise prohibited activity or source.

RED TURTLE accept payments made in EURO. In case your payment account (your bank account or your eWallet-account) is in a different currency RED TURTLE, or you bank/eWallet as the case may be, will convert the funds to EUR before depositing it to your account. Likewise the funds you withdraw will be sent to you in EUR and your bank/eWallet, as the case may, be will convert the funds to your payment account currency. Please note that any exchange premiums are payable by you.

RED TURTLE reserves the right to use additional procedures and means to verify your identity both before and after effecting deposits into Your Member Account.

WITHDRAWALS

In relation to deposits and withdrawals of funds into and from your Account, you shall only use such credit cards and other financial instruments that are valid and lawfully belong to you.

Available withdrawal options are to be clearly stated on the Websites and may differ depending on the market from which the Player originates.

The Player may request to withdraw part or all of his / her Account Balance at any time. The Player must first make a minimum deposit in order to be eligible to withdraw from his / her account. In no event, may Account Balances be transferred, substituted or redeemed for any other prize. All amounts withdrawn are subject to the transaction limits and may change from time to time at the Company’s sole discretion.

Withdrawals shall be remitted only to the same account from where your funds paid from the Player’s account originated.

Funds marked as “Bonus money” or stuck in an aborted game will not be possible to withdraw.

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 property of us and the amount will be deducted from your Account. If you have withdrawn funds that do not belong to you prior to us becoming aware of the error, the mistakenly paid amount will (without prejudice to other remedies and actions that may be available at law) constitute a debt owed by you to us. In the event of an incorrect crediting, you are obliged to notify us immediately by email.

The payment managers employed by RED TURTLE will carry out additional verification procedures for any pay-out exceeding the equivalent of 1000 Euro or cumulative withdrawals exceeding 2330 Euro, and further reserves the right to carry out such verification procedures also in case of lower pay-outs. Such verifications may for example include copies of a member’s passport and/or copies of a member’s utility bills.

All transactions shall be checked in order to prevent money laundering. RED TURTLE shall report any suspicious transaction to the relevant competent authorities in Malta. If RED TURTLE becomes aware of any suspicious activity relating to any of the Games of the Website, RED TURTLE must report this immediately. RED TURTLE may suspend, block or close an Account and withhold funds if requested to do so in accordance with the Prevention of Money Laundering Act.

The time for the withdrawal to be finalized may vary due to circumstances but a withdrawal attempt should be approved or denied within three (3) days. A player shall be informed about reasons for any delay if the time for the money to arrive at the players account exceeds ten (10) days.

If you wish to withdraw a part of the winnings which is amounted to 10.000 EUR or above, we have the right to divide the pay-out into ten instalments, paid with 10 per cent every month for 10 months until the full amount is paid out. You will not get any interest on outstanding amounts.

We advise and notify you that our products are consumed instantly during gameplay. Therefore we do not provide refunds, returns of goods, or cancellation of your service when playing. If you play a Game with real money, the money will be drawn from your player account instantly.

You shall not treat us as a banking institution nor expect any interest.

We reserve the right to charge an administrative fee in the event that you proceed with more than 30 approved withdrawals/payout requests during one (1) calendar month. The administrative fee shall be 2% of the transaction value but no less than EUR 5. It shall be charged on each withdrawal following the 30th withdrawal within each given month.

Funds which have been deposited and not used for wagering or gameplay shall not be available for withdrawal.

BONUSES

The Player is eligible for various bonuses depending on the nature of the activity performed on his / her account.

RED TURTLE reserves the right to change the Terms and Conditions or cancel any promotion at any time without notice. RED TURTLE reserves the right not to issue the bonus if it reasonably considers that any form of abuse or unfaithful actions other actions detrimental to its business have been conducted by the Player.

Promotions and bonuses are there to reward our valued Players and RED TURTLE has a zero tolerance policy on bonus abuse and fraudulent activity. RED TURTLE reserves the right to block bonuses from any Player who is deemed to be abusing our promotions. If fraudulent activity or abuse is suspected, RED TURTLE reserves the right to remove any funds from the account.

Only one bonus per player may be issued, per promotion. A Player is not allowed to register more than one account in the system. Any attempt to try to deceive the management, by registering multiple accounts to gain bonus money, will be deemed as bonus abuse, and will result in the accounts being suspended and the Player’s funds removed.

We reserve the right to withhold any amount in excess of the Player's original deposit from the Player's withdrawal if the wagering requirement has not been fulfilled.

RED TURTLE reserves the right to withhold and remove any bonuses awarded to you if such bonuses have not been used within 6 months from the date when they were awarded.

Individual campaigns may have shorter expiration time and is if so stated to the player related to the time when receiving the offer about the campaign.

If you are eligible for a bonus, wagering requirements may apply before you are eligible to make any cash-outs of the bonus or winnings by bets using bonus money. If you would like to request a withdrawal before the wagering requirements are fulfilled, RED TURTLE will deduct the whole bonus amount as well as any winnings made from bonus money before approving any withdrawal. RED TURTLE has the right to choose which games and how much a game contributes to the wagering requirements.

All Bonus/Review offers are intended for recreational purposes and RED TURTLE may at its own discretion limit the eligibility of players to participate in any promotion.

During game play, bonus money are used in relation to the real money you have on your account and winnings are divided evenly according to the relation between real money and bonus money in the bet. For example, if you have 100 Euro real money and 50 Euro bonus money in your account, a bet of 30 Euro will contain 20 Euro real money and 10 Euro bonus money and any winnings are divided into the same ratio.

RESPONSIBLE GAMING

You may choose at your discretion to limit the amount you are allowed to place in a single betting round. If you try to place bets cumulatively higher than this set limit, you are not allowed to make the bet.

You may choose at your discretion to limit the amount you are allowed to lose during any day period selected by you. If you reach this limit, you will not be able to place any bet until the summation of the bets, including the one you are trying to perform, made the day placed in the time period you have selected, until your set-daytime limit passes.

You may at your discretion choose to set a maximum session time during which you are allowed to be logged in at the Website. After this period has expired, you will be logged out of the site and any game in progress is stopped.

You may at your discretion choose to limit your ability to access your Account (log in) for indefinite time in which your account will not be accessible again and your remaining funds are transferred back to your bank account.

You may at your discretion choose to limit your ability to access your Account (log in) for a time period you choose, during which your account will not be accessible and your remaining funds will be frozen. You will be able to use them after the expiration of the time period you have defined or you can request to be transferred back to your bank account.

Should you choose to self-exclude yourself indefinitely, we shall remit the balance on your account.

All limitations mentioned above can be set by you through My Profile section on our portal.

All more stringent restrictions and exclusions shall immediately become effective upon inserting and confirming the settings in My Profile section of our portal. If you would wish to remove a restriction or increase a limit set by you, you will have to submit written request to our Website support and such change shall only take place 7 days after the request has been received by the Websites support.

RED TURTLE - FAIR GAMING

RED TURTLE understands the importance of a guarantee of fair gaming online and we'd like to explain how this is achieved.

A Random Number Generator is utilized to ensure that performance is truly random. The RNG complies with the relevant standards and is in conformity to the Remote Gaming Regulations 2004 and the Lotteries and Other Games Act applicable in Malta. The system is rigorously tested on an on-going basis.

For your peace of mind, each transaction that you make at RED TURTLE is recorded ensuring a complete audit trail in the unlikely event of a dispute. All of our accounts are open to external review by Independent Auditors should the need arise.

RED TURTLE publishes monthly special reports that state the percentage of pay-outs (being the percentage of winnings to wagered amounts as shown by the data log files) of our games. Independent Auditors independently reviews these pay-out percentages.

DORMANT & INACTIVE ACCOUNTS

An inactive account is an account that has not been accessed for 12 (twelve) months, that has a real money balance.

A dormant account is an account that has not been accessed for 30 Months, that has a real money balance.

RED TURTLE will contact you via email up to one month prior to your account become inactive informing that your account is about to become inactive. When an account becomes inactive, RED TURTLE will charge Euro 5 per month administrative fee on your account.

If after your Account has become inactive, you access your Account, you shall be entitled to reimbursement if you can proof one of the following:

1) You could not access your Account due to lack of internet connectivity;

2) You could not access your Account due to health related impediments;

3) You could not access your Account due to a reasonable cause.

In the event you access your Account before the lapse of 3 months from when the last inactive account fee was incurred, RED TURTLE shall reimburse such fees paid.

If your Account has become dormant, we shall remit the balance on your account to you or, if you cannot be located, to the Malta Gaming Authority in Malta.

The procedure for removing funds from inactive and dormant accounts is made automatically and is reported in the backend system of the Websites administrational interface. If money is to be transferred to the MGA, the Key Official of RED TURTLE is responsible for handling this procedure.

EXCEPTIONAL CIRCUMSTANCES & ABORTED GAMES

Unexpected technical problems or circumstances outside the control of RED TURTLE such as technical problems at third party providers allows RED TURTLE to cancel bets and give refunds to players.

RED TURTLE has the right to limit, cancel and refuse bets in the case they are considered to be too large or if we see that the betting pattern of the player takes place in such a way that the system is being abused.

If a refund is decided upon, the amount of the refund shall be returned to the player’s account, the player shall be informed and the procedure finalized within 48 hours after the decision has been made.

In the case that a game is “stuck” in a state where it is not being finished, for example a connection loss while playing an active black jack hand, RED TURTLE has the right to “clean up” such bets at a regular basis and refund the bet/wager to the player’s account. This is performed on a monthly basis. If the game has been aborted or miscarried on the server, the player should be refunded.

If a bonus campaign has in any way been misconfigured, RED TURTLE has the right to alter Players’ balances and account details to correct the mistake.

If a game contains a bug or misconfiguration that causes incorrect behaviour or pay out, RED TURTLE has the right to remove the game and alter Players’ balances and account details to correct the mistake.

RED TURTLE is not liable for any downtime, server disruptions, lagging, or any technical or political disturbance to the game play. Refunds may be given solely at the discretion of the management.

RED TURTLE shall accept no liability for any damages or losses which are deemed or alleged to have arisen out of or in connection with the Website or its content; including without limitation, delays or interruptions in operation or transmission, loss or corruption of data, communication or lines failure, any person’s misuse of the site or its content or any errors or omissions in content.

RED TURTLE may remove any game from the Websites at any time we see fit.

COMPLAINTS

You may contact our customer service on support@samcasino.com and according to the instructions located at the Websites to give us any complaints regarding our services.

Complaints are handled by the support team and escalated in the organization of RED TURTLE in the case that support personnel do not solve the case immediately. The player shall be informed about the state of the complaint to a reasonable level.

If you are not satisfied with the resolution of your complaint by RED TURTLE, you may report a complaint to the Malta Gaming Authority:

Address: Building SCM 02-03, Level 4

Smart City Malta

Ricasoli SCM 1001

Malta

Telephone Number: +356 25469000

Email: support.mga@mga.org.mt

LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER

We are not responsible for printing errors that may occur on our Websites and its content.

However you may inform us on any error you may find on our Websites with due reasonable explanation and to the best of our knowledge and in reasonable time we may correct the error or reply to you for the contrary reasons.

Although we always strive and attempt to provide accurate information on our Websites, information on our Websites may contain technical inaccuracies or typographical errors. The contents of any documents and information on our Websites are believed to be current and accurate as of their publication dates. Mention of non-RED TURTLE products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.

ALL INFORMATION, SOFTWARE, GAMES AND SERVICES PROVIDED ON OUR WEBSITES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. RED TURTLE DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

RED TURTLE OR ANY RED TURTLE AFFILIATE, OUR INFORMATION AND SERVICE PROVIDERS, EMPLOYEES OR OUR PARTNERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL

DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS WEB SITE OR ANY GAME, OR DAMAGES RESULTING FROM USE OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF SEAVUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You are hereby notified that you enter, play and use the Website and participate in the Games at your own risk.

The Websites and the Games are provided without any warranty whatsoever, whether express or implied.

Without prejudice to the generality of the preceding provision, we, including but not limited to our directors, employees, partners, service providers:

- do not warrant that the software, Games and the Websites are fit for their purpose;

- do not warrant that the software, Games and the Websites are free from errors;

- do not warrant that the software, Games and the Websites will be accessible without interruptions;

If there is a malfunction in a Game or its interoperability, any bets made during such malfunctioning shall be void. Funds obtained from a malfunctioning Game shall be considered void, as well as any subsequent game rounds with said funds, regardless of what Games are played using such funds.

You hereby agree to fully indemnify and hold harmless us, our directors, employees, partners, 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 participation in the Games.

To the extent permitted by law, our maximum liability arising out of or in connection with your use of the Websites, regardless of the cause of actions (whether in contract, tort, breach of warranty or otherwise), will not exceed €100.

INTELLECTUAL PROPERTY RIGHTS

Except where otherwise specified, the content of our Websites is protected by copyright and other intellectual property laws. All rights are reserved and are proprietary of RED TURTLE and/or any of RED TURTLE partners and collaborators.

Any software, product and/or Game or part thereof offered or made available on our Websites is protected by law and may not be copied or imitated, reverse engineered, disseminated and or decompiled in whole or in part and can be used only according to these Terms.

No logo, sign, graphics, sound or image on our Websites which are owned by us or our partners and collaborators may be copied or retransmitted unless expressly permitted by us.

All third party brands, logos and signs are either registered or unregistered trademarks of those third parties and as such are their proprietary as respective owners.

No logo, sign, graphics, sound or image, as well as plug ins on our Websites which are owned by RED TURTLE partners and/or third parties may be copied or retransmitted unless expressly permitted by RED TURTLE or the respective third party.

MATTERS BEYOND OUR REASONABLE CONTROL

We are not liable for any loss or damage that you may suffer because of any: act of God; power cut; trade or labour dispute, 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. In such an event, we reserve the right to cancel or suspend our Websites without incurring any liability.

We are not liable for the failure of any equipment or software howsoever caused beyond our reasonable control, wherever located or administered, or whether under our direct control or not, that may prevent the operation of our Websites, impede the placing or administration of orders, or delivery of software or prevent you from being able to contact us.

GOVERNING LAW

These Terms and Conditions shall be governed by the Laws of Malta.

The parties agree that any dispute, controversy or claim arising out of or in connection with these Terms and Conditions, or the breach, termination or invalidity thereof, shall be submitted to the exclusive jurisdiction of the Maltese courts.

PERSONAL DATA

It is necessary for us to collect personal information and data (including but not limited to your name, address and contact information) ("Personal Data") from you in order to allow you to register an Account and access and use your Account, the Games and the Services. By using your Account, the Games, Software and Services and communicating electronically with us, you acknowledge and agree to us processing your Personal Data in the ways set out in these terms and conditions. For the purposes of performing our obligations under these terms and conditions our employees and others engaged by us will have access to your User Information and Personal Data. It is not our intention to collect “sensitive” personal data as that expression is defined by relevant Data Protection laws but any such data of which we become aware will only be processed as allowed by applicable data protection laws.

We will primarily process Personal Data for the purposes of allowing you to register an Account and for providing you with access to your Account, the Games and the Services. In addition, we may make Personal Data available to our affiliates and other members of our group for the purposes of statistical and market analysis.

We may disclose Personal Data to AML, other companies within our group, business partners, government bodies and law enforcement agencies, successors in title to our business and that of any other member of our group and third party suppliers engaged to process Personal Data on our behalf or on behalf of other members of our group or to other third parties for the purposes of making your Account, the Games, the Software and / or the Services available to you. You have a right to access the Personal Data held about you. To obtain a copy of the Personal Data we hold for you please contact us using the details set out above.

In order to operate effectively, we rely on the collection, storage and use of information about individuals in all countries and territories where we operate. The collection and storage of this information and its further use by us, other companies within our group, on a global basis (including via the Internet) involves regular transfers of Personal Data from one country to another. You acknowledge that it may be necessary for us to transfer information to someone in another country (including countries outside of the European Economic Area) and you consent to such transfer.

We may search your own individual record at a credit reference agency. It will add to your record details of this search and your application and this will be seen by other organisations that make searches. Information held about you by the credit reference agencies may already be linked to records relating to one or more of your partners. For the purposes of this application you may be treated as financially linked and your application will be assessed with reference to any "associated" records. We may use a credit scoring or other automated decision-making system when assessing your application. We may also add to your record with the credit reference agency details of your agreement with us, the payments you make under it and any default or failure to keep to its terms. It is important that you give us accurate information. We may check your details with fraud prevention agencies and if you give them false or inaccurate information and they suspect fraud, this may be recorded. These records will be shared with other organisations and used by us and the other organisations to:

·          help make decisions about credit and credit related services for you and members of your household; and

·          trace debtors, recover debt, prevent money laundering and fraud, and to manage your Accounts.

All transactions are checked to prevent money laundering, and any suspicious transactions will be reported to the Financial Intelligence Analysis Unit (FIAU) by the Money Laundering Reporting Officer (MLRO).

Fraud prevention agency records will also be shared with other organisations to help make decisions on motor, household, credit, life and other insurance proposals and insurance claims, for you and members of your household. If you require details of those credit reference and fraud prevention agencies from which we obtain and with which we record information about you, then please write to us using the details set out above.

A cookie is a small piece of information sent by a web server to a web browser, which enables the server to collect information from the browser. Find out more about the use of cookies on http://www.cookiecentral.com . Our systems use cookies to identify you when you visit your Account and website(s) from where the Games are available and to keep track of your browsing patterns and build up a demographic profile. Our use of cookies also allows registered users to be presented with a personalised version of the site, carry out transactions and have access to information about your Account. Most browsers allow you to turn off cookies. If you want to know how to do this please look at the help menu on your browser. However, switching off cookies will restrict your use of the website(s) from where the Games are available and my reduce the amount of Services we can provide.

If we are going to use your personal information differently from that stated at the time of collection, we will inform you. The supply of personal data to third parties will be on an opt-in basis

MISCELLANEOUS

Our Websites may contain or provides links to third party websites or third party references which are not under control of RED TURTLE. RED TURTLE makes no representations about third party websites. When you access a third party website, the access is at your own risk. RED TURTLE is not responsible for reliability of the data, opinions, advice or statements made on third party sites. The inclusion of such links does not imply that RED TURTLE endorses or accepts any responsibility for the content of such sites.

If you breach any provision of these Terms and Conditions or we have a reasonable ground to suspect that you have breached them, we reserve the right to not open, to suspend, or to close your Account, or withhold payment of your winnings and apply such funds on account of any damages due by you.

If RED TURTLE suspects that you are engaged in illegal and/or fraudulent activities when using any of the Websites; or in breach of this Agreement; or that you are having problems with creditors or otherwise detrimental to our business, we may freeze or terminate your account or cancel any stakes at our absolute discretion.

We reserve the right to require any additional documentation or information to secure your identity and ensure your activity is lawful.

You acknowledge that RED TURTLE shall be the final decision-maker of whether you have violated RED TURTLE’s rules, terms or conditions in a manner that results in suspension or permanent barring from participation in our site(s).

If any provision of these Terms and Conditions is held to be illegal or unenforceable, such provision shall be severed from these Terms and Conditions and all other provisions shall remain in force unaffected by such severance.

We reserve the right to assign or otherwise lawfully transfer this agreement. You shall not assign or otherwise transfer this agreement.

These Terms and Conditions constitute the entire agreement between you and us with respect to the Websites and, save in the case of fraud, supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Websites.