| Megasport Casino End-User Agreement |
Additional
terms and conditions
Megasport end user agreement
PLEASE READ CAREFULLY THE FOLLOWING LEGALLY
BINDING AGREEMENT BETWEEN BAYVIEW TECHNOLOGIES INC UNDER THE
BRAND NAME OF MEGASPORT CASINO AND YOU.
PLEASE READ THE AGREEMENT CAREFULLY AND MAKE
SURE YOU FULLY UNDERSTAND ITS CONTENTS. IF YOU HAVE ANY DOUBTS
ABOUT YOUR RIGHTS AND OBLIGATIONS RESULTING FROM THE ACCEPTANCE
OF THIS AGREEMENT, PLEASE CONSULT A LEGAL ATTORNEY IN YOUR
JURISDICTION.
1. Definitions
The following words and terms, when used with
this agreement, shall have the following meanings, unless
the context clearly indicates otherwise.
Online
Casino
|
Bayview
Technology Inc's internet gaming system on the Website
and related services and gaming activities as offered
and listed at www.megasportcasino.com including but
not limited to, online casino and/or online bingo and/or
Online Casino and/or any other games, where applicable
; |
Player
Account |
a
personal account opened by an individual and maintained
with us to enable that person to play games on the Online
Casino; |
Software
|
the
software licensed to us including any program or data
file or any other content derived therefrom, that required
to be downloaded, accessed or otherwise utilized by
you from the Website enabling you to participate in
the Online Casino; |
Username
and Password |
the
username and password which you choose on registration
with the Online Casino ; |
You
|
the
user of the Online Casino Software downloaded from the
Website. |
Us/We/Ours
|
Megasport
Casino, www.megasportcasino.com ; |
Website
|
http://
www.megasportcasino.com ,
and any related sites accessible via links or any other
access way; |
2. Subject Matter of Agreement
This agreement covers the arrangements between
you and us in relation to your use of the Online Casino either
for playing play-for-real or play-for-fun games.
3. Legal Requirements
3.1 You can only use the Online Casino and/or
the Website if you are the legal
age as determined by the law of the country where you live.
3.2 You cannot use the Online Casino and/or
the Website if you are under 18 years of age in any circumstances.
3.3 Some legal jurisdictions have not addressed
the legality of online gambling and others have specifically
made online gambling illegal. We do not intend that anyone
should use the Online Casino and/or the Website where such
use is illegal. The availability of the Online Casino and/or
the Website does not construe an offer or invitation by us
to use the Online Casino in any country in which such use
is illegal. Use of the Online Casino is void wherever prohibited
by any applicable law. You accept sole responsibility for
determining whether your use of the Online Casino is legal
in the country where you live.
4. Licence To Use Software
We hereby grant to you a personal non-exclusive,
non-transferrable right to use the Software, for playing in
the Online Casino, in accordance with the following provisions.
4.1 You Are Not Permitted To:
4.1.1 install or load the Software onto a
server of other networked device or take other steps to make
the Software available via any form of bulletin board, online
service or remote dial-in, or network to any other person;
4.1.2 sub-license, assign, rent, lease, loan,
transfer or copy (except as expressly provided elsewhere in
this agreement), your licence to use the Software or make
or distribute copies of the Software;
4.1.3 translate, reverse engineer, decompile,
disassemble, modify, create derivative works based on, or
otherwise modify the Software;
4.1.4 copy or translate any user documentation
provided 'online' or in electronic format;
4.1.5. reverse engineer, decompile, disassemble,
modify, adapt, translate, make any attempt to discover the
source code of the Software or to create derivative works
based on the whole or on any part of the Software; or
4.1.6 enter, access or attempt to enter or
access or otherwise bypass the Our security system or interfere
in any way (including but not limited to, robots and similar
devices) with the Online Casino or the Website or attempt
to make any changes to the Software and/or any features or
components thereof.
4.2 You do not own the Software. The Software
is owned and is the exclusive property of the licensor, a
third party software provider company, (the "Software
Provider"). The Software and accompanying documentation
which have been licensed to us are proprietary products of
the Software Provider and protected throughout the world by
copyright law. Your use of the Software does not give you
ownership of any intellectual property rights in the Software.
This agreement applies only to the grant of the licence to
use the Software.
4.3 THE SOFTWARE IS PROVIDED AS IS WITHOUT
ANY WARRANTIES, CONDITIONS, UNDERTAKINGS OR REPRESENTATIONS,
EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. WE HEREBY EXCLUDES
ALL IMPLIED TERMS, CONDITIONS AND WARRANTIES (INCLUDING ANY
OF MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR ANY
PARTICULAR PURPOSE). WE DO NOT WARRANT THAT THE SOFTWARE WILL
MEET YOUR REQUIREMENTS.
4.4 WE DO NOT WARRANT THAT THE SOFTWARE
WILL BE NON-INFRINGING OR THAT THE OPERATION OF THE SOFTWARE
WILL BE ERROR FREE OR UNINTERRUPTED OR THAT ANY DEFECTS IN
THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE OR THE
SERVERS ARE VIRUS-FREE. IN THE EVENT OF COMMUNICATIONS OR
SYSTEM ERRORS OCCURING IN CONNECTION WITH THE SETTELMENT OF
ACCOUNTS OR OTHER FEATURES OR COMPONENTS OF THE SOFTWARE NIETHER
US NOR OUR SOFTWARE PROVIDER WILL BE LIABLE TO YOU OR TO ANY
THIRD PARTY FOR ANY COSTS, EXPENSES, LOSSES OR CLAIMS ARISING
RESULTING FROM SUCH ERRORS. WE FURTHER RESERVE THE RIGHT IN
THE EVENT OF SUCH ERRORS TO REMOVE ALL RELEVANT GAMES FROM
THE SOFTWARE AND THE WEBSITE AND TAKE ANY OTHEHR ACTION TO
CORRECT SUCH ERRORS.
4.5 You hereby acknowledge that it is
not in our control how the Software is used by you. You load
and use the Software at your own risk and in no event shall
we be liable to you for any direct, consequential, incidental
or special damage or loss of any kind (except personal injury
or death resulting from our negligence).
4.6 The Software may include confidential
information which is secret and valuable to the Software Provider
and/or us. You are not entitled to use or disclose that confidential
information other than strictly in accordance with the terms
of this agreement.
5. Security
5.1 We are a corporation incorporated
under laws of the Cagayan Economic Zone Authority in the Philippines
and are fully licensed and regulated by the laws of that country
for the purpose of operating a virtual casino on the internet,
under the name www.megasportcasino.com
.
5.2 We only allow access to playing
games on the Online Casino through secured networks using
encryption of the user name and password. You cannot play
games on the Online Casino without passing our customer security
login.
5.3 You may not use the Online Casino
for any commercial use or on behalf of another person. Any
use of the Online Casino by you is for own private purposes
only.
5.4 You must keep your Username and
Password confidential and should not disclose them to anybody.
You may not use anyone else's password. You shall be responsible
for all transactions conducted in relation to your Player
Account using your Password. E very person who identifies
him/herself by entering your correct Username and Password
is assumed by us to be you and all transactions where the
Username and Password have been entered correctly will be
regarded as valid.
5.5 You will not allow any third party
to use your Player Account to use the Online Casino and you
will not use any other person's Player Account or means of
payment to access the Online Casino or the Website or the
Software.
5.6 It is your responsibility to ensure
that you understand the rules and procedures of the games
in the Online Casino and your use of online gaming in general
before you play any such games.
5.7 We are using the best methods available
today for the encryption of the Username and Password information,
and any other sensitive information transferred to and from
the client application and our servers, thus securing the
Player and us against manipulation attempts by a third party.
You will not break in, access or attempt to break in or access
or otherwise by-pass our security. If we have a suspicion
that you have attempted to or may be attempting to break in,
access or otherwise by-pass our security or the Software,
we will be entitled to terminate with immediate effect your
access to the Online Casino and/or have your account blocked,
and we reserve the right to inform the applicable authorities.
5.8 We will only use your personal information
in accordance with our Privacy Policy, which is set out in
full at www.megasportcasino.com/privacy.php. We reserve the
right to amend the Privacy Policy at any time. However, we
reserve the right to ask you to provide us with additional
details and any such additional information will be kept confidential.
We further reserve the right under certain circumstances to
disclose certain details to relevant authorities should it
be required to do so by law, an arm of the state or a regulatory
body. Subject to the provisions of the privacy policy , this
right to disclose personal information to bodies or authorities
whose purpose is to investigate money laundering, fraud and
other criminal activity will be to the extent required by
law.
6. Your Responsibilities
6.1. We make no representation or warranty
with respect to the legality or otherwise of the accessing
and use of the Online Casino in your country of residence
and it is solely your responsibility to determine whether
such accessing and use of the Online Casino by you is legal.
We further warrant in that respect that it does not intend
to enable you to contravene any applicable law.
6.2 You shall not transfer in any way whatsoever
your rights under this agreement without our prior written
consent.
6.3 You are fully responsible for all taxes,
fees and other costs incidental to and arising from winnings
resulting from use of the Online Casino .
6.4 It is your responsibility to inform us
of any changes to your registration details.
6.5. Payments
6.5.1 You agree that we or a payment processing
company on our behalf will handle all financial account transactions
(" Payment Processor "). You hereby
agree that the Payment Processor reserves the right to withhold
any payments should the Payment Processor have reason to believe
or any suspicion that you may be engaging in or have engaged
in fraudulent, collusion, unlawful, or improper activity.
6.5.2 You agree to fully pay any and all payments
due to us or any third party in connection with your use of
the Online Casino . You further agree not to make any charge-backs
and/or renounce or cancel or otherwise reverse any of your
due payments and in any such event you will refund and compensate
us for such unpaid payments including any expenses incurred
by us in the process of collecting your payment.
6.5.3 You are aware of and agree that the
maximum amount that a new Player can cash-out when winning
$20,000 or more in casino games within a 30 day period, is
$5000 per month.
6.5.4 Be advised that if any deposits/withdrawals are to be processed through credit card or e-wallet accounts, these accounts must show same personal details as provided in MegaSport Casino account registration. No third-party transactions will be allowed.
6.6 You accept that you are solely responsible
for the supply and mai ntenance of all of the computer equipment
and telecommunications networks and internet access services
that you need to use in order to access the Online Casino
. We will not be liable in any way whatsoever for any loss
caused to you by the internet or any telecommunication service
provider which you have engaged in order to access to the
Online Casino or to the Website.
6.7 You acknowledge that our random number
generator will determine the outcome of the games played on
the Online Casino and you accept the outcomes of all such
games. You further agree that in the unlikely event of a disagreement
between the result that appears on the Software and the game
server, the result that appears on the game server will prevail
and you acknowledge and agree that our records will be the
final authority in determining the terms and circumstances
of your participation in the Online Casino gaming activity.
6.8 You will not commit any acts or display
any conduct that damages our reputation or our software provider
or any other related service providers.
6.9 You acknowledge that if your Player Account
is opened you will fully indemnify us and hold us harmless
from and against all and any losses, costs, expenses, claims,
demands, liabilities and damages however caused that may arise
as a result of your (a) entry, use, or reuse of the Website
or the Online Casino ; (b) breach of any of the terms and
provisions of this agreement. You further agree to fully indemnify,
defend and hold us and our officers, directors, employees,
agents, contractors and suppliers harmless, from and against
all claims, liabilities, damages, losses, costs and expenses,
including legal fees, arising out of any breach of this Agreement
by you, and any other liabilities arising out of your use
of the Online Casino or the Software.
6.10. We reserve the right to change this
agreement from time to time as set out in clause 9 below.
It is your responsibility to check from time to time and see
whether there is a notification of change in accordance with
clause 9 below.
7.Your Warranties and Representations
You warrant and represent that:
7.1 you are not a resident of the Israel , Cyprus , Estonia, Denmark, Hong Kong, USA, Italy;
7.2 you are acting on your own behalf;
7.3 you are not restricted by limited
legal capacity;
7.4 you are not classified as a compulsive
gambler;
7.5 all details which you give or have
given in the process of registering with the Online Casino
are accurate and that you will continue to update such details
should there be any changes.
7.6 you are fully aware of the fact
that there is a risk of losing money through the use of the
Software to play games on the Online Casino ;
7.7 you are not depositing funds originating
from criminal and/or un-authorised activities;
7.8 you are not otherwise conducting
criminal activities and/or intending to utilise the Player
Account in connection with such activities. You are not using
or intending to use or intending to allow any other person
to use the Online Casino and the Player Account for any prohibited
or unlawful activity, including but not limited to, fraud
or money laundering, under any applicable law in particular
your jurisdiction and the laws that apply to us;
7.9 you are not colluding or attempting
to collude or intending to participate, directly or indirectly,
in any collusion scheme with any other player in the course
of any game you play or will play on the Online Casino .
7.10 you are not under the age of either
(i) 18; or (ii) the age at which gambling activities are legal
under the law of the jurisdiction that applies to you, whichever
is greater ;
7.11 the debit/credit card details supplied
by you in the registration process are those of the registered
account holder and the card has not been reported as lost
or stolen;
7.12 you are not one of our officer,
director, employee, consultant or agent or of one of our affiliated
or subsidiary companies, or suppliers or vendors, and you
are not any of their relatives as well (for the purpose of
this clause, the term relative means spouse, partner, parent,
child or sibling). In any event that you have breached this
prohibition, among others actions that will be taken against
you, you will not be entitled to any of your winnings.
7.13 you have not previously held a
Player Account which was suspended or terminated either by
us or by any other online gaming operator, charged back any
monies via a Player Account or maintains a current Player
Account; and
7.14 in opening the Player Account you
will not provide any information or make any statement to
us which is untrue, false, incorrect or misleading.
8.Changes To This Agreement or The Privacy Policy
8.1 We may, at our sole discretion, make changes
to this agreement or the Games Rules or Privacy Policy at
any time.
8.2 The changes will take effect from the
date specified when they occur. It is important, therefore,
that you log in to the Website from time to time and check
to see whether there is a notification of change. You are
solely responsible for reading the changes.
8.3 If you continue to use the Website or
the Online Casino after we have updated the changes (regardless
to the way we have notified of such changes), you agree to
be bound by those changes whether or not you have had actual
notice of, or have read, the relevant changes. If you do not
agree to be bound by relevant changes, you should not continue
to use the Website or the Online Casino any further.
9.Reservation of Rights
9.1 We reserve, at our sole discretion,
the right to:
9.1.1 refuse to register any applicant
for registration on the Website or the Online Casino ;
9.1.2 refuse to accept any wager on
the Online Casino ;
9.1.3 change, suspend, remove, modify
or add any game or tournament on the Online Casino .
9.2 We reserve the right to make inquires
on you, including credit checks, with third party credit and
financial institutions, in accordance with the information
you have provided us with.
9.3 In the event of any dispute regarding
a wager or winnings, our decision will be final and binding.
9.4 We reserve the right to reasonably
withhold any pay out or winning amount until the identity
of the winning person is verified to our satisfaction in order
to ensure that payment of the winning amount is being made
to the correct person. For this purpose, we further reserve
the right, at our sole discretion, to demand that you will
provide us with a notarized ID or any equivalent certified
ID according to the applicable law of your jurisdiction.
9.5 We may at any time disclose certain personal
information of yours to third parties in accordance with our
Privacy Policy, which is set out in full at www.megasportcasino.com/privacy.php.
9.6 In the event that we will suspect
fraud or fraudulent activity on your part or any of your payments
are charged back, we will have the right to withhold any pay-out
or winning amounts due to you and if necessary, to lawfully
collect any payments owed by you. If playing in any of the live games, in any event of suspected card counting we further reserve the right to withhold any withdrawal amount from your account which will be in excess of your original deposit.
9.7 We may at any time without prior
notice to you terminate your use of the Online Casino and
block your Player Account if it considers that you are in
breach of any of the terms and provisions of this Agreement
or that you are otherwise acting illegally. We will not be
under any obligation in such circumstances to refund or otherwise
reimburse you for any of the funds in your Player Account.
9.8 We reserve the right, at our sole
discretion, to offer and advertise from time to time promotions,
bonuses or other special offers and each such offer will be
subject to specific terms and conditions which will be valid
for a limited period of time. In connection with the specific
terms of the above promotions, bonus and special offers, we
further reserve the right to withhold any withdrawal amount
from your account which will be in excess of your original
deposit. In addition, we reserve the right to withhold or
otherwise decline or reverse any pay-out or winning amount
or amend any policy in the event that we suspect that you
are abusing or attempting to abuse any of the following: (i)
bonuses; (ii) other promotions; or (iii) specific policy or
rules determined in respect of an existing game or a new game.
9.9 We reserve the right to transfer,
assign, sublicense or pledge this Agreement, in whole or in
part, to any person without notice and you will be deemed
to consent to such assignment.
10.Term
This agreement is effective from the moment
of acceptance by clicking on the I agree button, and shall
re mai n in force indefinitely unless terminated in accordance
with clause 10.6 . For the avoidance of doubt it is agreed
that you are bound by this Agreement if you use the Online
Casino or the Website or the Software in any way, including,
but not limited to, initiating or making a deposit through
your Account or submitting your deposit details to us .
11.Governing Law
11.1 The construction, validity and performance
of this agreement will be governed by the laws of Philippines
. However, this shall not prevent us from bringing any action
in the court of any other jurisdiction for injunctive or similar
relief. The English language version of this Agreement will
prevail over any other language version issued by us.
11.2 The illegality, invalidity or enforceability
of any part of this agreement will not affect the legality,
validity or enforceability of the remainder.
12.Notice
12.1 You agree to receive communications
from us in an electronic form. Electronic communications may
be posted on the pages within the Website and/or the messages/help
files of your client application , and/or delivered to your
e- mai l address. All communications in either electronic
or paper format will be considered to be in "writing"
and to have been received no later than five business days
after posting or dissemination, whether or not you have received
or retrieved the Communication. We reserve the right, but
assume no obligation, to provide communications in paper format.
12.2 Any notices required to be given
in writing to us or any questions concerning this Agreement
should be addressed to support@megasport
casino.com .
13.Additional Terms and Conditions
13.1. The promotion is for genuine players
only.
13.2. Player must fulfill play requirements as outlined on
the promotion to qualify for the bonus.
13.3. All deposit bonuses must be claimed before the play starts. No bonuses will be awarded after the client had started playing games in the casino.
13.4. Please note that the Welcome Bonus cannot be removed once issued.
13.5. If, while playing at this casino, you win a sum regarded by the Casino Management as worthy of publicity, you agree to make yourself available for any event of such a nature arranged by the Casino.
13.6. While the Casino protects all personal data entrusted to us, we reserve the right to use first names in any Casino announcement about promotion results.
13.7. All PLAY BONUS credits are for wagering purpose only,
and you may not cash out the bonus. You may only cash out
your winnings. (No withdrawal will be honored for an amount
less than the PLAY BONUS. Upon your FIRST withdrawal (regardless
of the number of deposits), any amount up to the equivalent
value of the PLAY BONUS will be deducted from your play balance
or winnings prior to settlement. The first credits wagered
will be deducted from your deposit(s) rather than from the
PLAY BONUS). Bonuses will be automatically removed from players
accounts after a withdrawal request. If you withdraw before
having met the minimum wagering requirements, your bonus and
winnings will be void.
13.8. To be eligible for a bonus you must deposit a minimum
of $20. The maximum amount of Neteller, Moneybookers, or PrepaidATM
play bonuses accumulated in one month may not exceed $250,
and the total bonus amount per account may not exceed $1,000.
13.9. Due to the imminent passing of the "Federal Unlawful Gambling Enforcement
Act" we would like to inform all our American players that MegaSport Casino
will no longer accept wagers from residents in the United States. If our
customer support detect the player is coming from USA ip, his real money
accounts will be suspended.
13.10. We apologize to our Polish players who are welcome in the casino but are not
eligible for bonuses.
13.11. Only one promotion (bonus) will be awarded per player,
household and computer. All promotions are available only
once per person, family, household address, e-mail address,
credit card number, and environments where computers are shared
(university, dormitory or fraternity, school, public library,
workplace, etc).
13.12. Mega Sport Casino accepts deposits and withdrawals in GBP (£), Euro (€), USD ($), DOP and in BRL. If you make a deposit in a different currency, we will get it converted into GBP (£), Euro (€), USD ($), DOP or in BRL.
13.13. If a deposit was made in a way that we can't verify
your identity (e.g. Western Union) you will be required to
prove that you are of legal age to gamble and that your account
registration is correct. You will be required to fax us a
photocopy of your passport, driving license, or both. The
document must have picture. In some cases we reserve the right
to request that you deposit a small amount ($20) by credit
card to verify your address and other registration information.
On all promotional bonuses cash-out charges are the member
responsibility.
13.14. The casino reserves the right to review transaction
records and logs from time to time, for any reason whatsoever.
Players, who endeavor only to meet minimum play through requirements
of a given bonus, exhibiting 'bonus hunter' characteristics,
will have their accounts automatically flagged and audited,
should the security department determine that a new player
account was set-up solely to exploit this bonus. If it appears
that player/s are participating in strategies that the casino
in its sole discretion deems to be abusive, the casino reserves
the right to revoke the entitlement of such player to the
promotion and the player’s bonus money, any winnings gained
under this promotion and their deposit returned may be forfeit.
13.15. Mega Sport Casino reserves the right to refuse or rescind
the Play Bonus for any reason including, but not restricted
to, player abuse. In case of abuse, Mega Sport Casino reserves
the right to discontinue player's membership and to prevent
the player from accessing Mega Sport Casino in the future.
13.16. The Casino reserves the right to bar any promotion
abusers from receiving any further promotions at Mega Sport
Casino, as well as the right to pass on any information regarding
known abusers to Playtech. This will ensure that they will
be barred from promotions at all Casinos utilizing the services
of Playtech.
13.17. Players with one or more pending withdrawals currently
in their account are not eligible to receive any bonuses,
promotional or otherwise, until such withdrawals are either
processed or cancelled. Abuse of this policy, as defined by
the casino, may result in cancellation of the player's winnings.
13.18. Bets placed on all versions of Roulette, all versions of Blackjack, all versions of Baccarat, all versions of Sic Bo, Casino War, Red Dog, Genie's Hilo, Craps, all versions of Video Poker (including the doubles), and all versions of Table Poker will not be counted toward wagering requirements.
13.19. Mega Sport Casino reserves the right to withhold any amount in excess of the players original deposit from a player's withdrawal if the bonus is wagered in all versions of Roulette, all versions of Blackjack, all versions of Baccarat, all versions of Sic Bo, Casino War, Red Dog, Genie's Hilo, Craps, all versions of Video Poker (including the doubles), and all versions of Table Poker.
13.20 By participating and winning in any promotion, tournament, contest or other games at Mega Sport Casino you grant the right your name, e-mail address and/or username to be used for promotional purposes without further compensation by Mega Sport Casino.
13.21. Players may request a maximum of 2 withdrawals from
their account at anytime within a maximum overall withdrawal
limit of $5,000 per month. No one withdrawal may have a value
in excess of $2,500. At the management’s discretion this rule
may be waived for Mega Sport Casino VIP Club members.
13.22. The management reserves the right to end or cease awarding
any promotion as well as change the terms and conditions at
any time and it is player’s responsibility to periodically
check up the web site for changes.
13.23. In the event of a dispute, all decisions
made by the casino will be final.
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