Live Chat

1. General Introduction, definitions and stipulations (Version 2.0, dated 28/06/2018)

 

 

1.1         Vivaro Limited, a company duly incorporated and registered on 23 December 2008 under the laws of Malta, with Company Registration No.C45929, and having its registered office and business address at Luxe pavilion 2nd level, Diamonds International Building, Portomaso, St. Julian’s, STJ 4010 Malta.

1.2         These rules are the terms and conditions constituting the complete, final and exclusive agreement between the Account Holder (“you”) and the Operator, and governing the contractual relationship between the Operator and the Account Holder. These rules supersede and merge all prior agreements, representations and understandings between the Account Holder and the Operator. By opening an Account with the Operator, registering, logging-in, using the Services, participating in the games, or accepting any Prize, a visitor or an Account Holder fully understands and agrees:

          a.    to become a party to these rules,

          b.    that he/she has read, understood and will be adhering to these Terms and Conditions, and

          c.     that he/she shall abide by all its terms.

The Operator may update, amend, edit and supplement these rules at any time. Any substantial amendment to these rules shall be notified in advance by the Operator to the Account Holder, before coming into effect and will require your consent. If you do not agree with the amendment(s) to these rules, you will not be permitted to continue using the Services.

All references in these rules to the singular shall include the plural and vice versa. All references to “the” shall include “a/an” and vice versa.

1.3         An “Account Holder” is an individual having a contractual relationship with the Operator by creating an Account on its Website.

1.4         An “Account” is an account held by an Account Holder, for bona fide transactions, with a strict aim to establish a normal commercial relationship with the Operator and with the strict purpose of conducting betting and other gaming and gambling transactions.

1.5         The “Contract” is the contractual relationship between The Operator and an Account Holder and shall be constituted under and governed by these rules, i.e. the “Terms and Conditions”.

1.6         The “Governing Authorities” are the relevant authorities of Malta.

1.7         The “Governing Law” is the law of Malta.

1.8         The “Place of the Contract” is Malta.

1.9         The “Regulator” is the Maltese Gaming Authority (“MGA”), which is a regulatory authority established by Maltese law to govern all forms of gaming in Malta. For more information, please go to www.mga.org.mt.

1.10     The “Website” is the internet gateway accessible through the internet address www.vbet.net where all current and relevant information regarding the Operator’s operations is published, and through which the Services are provided to the Account Holders.

1.11     The “Services” are the gaming and betting offers provided by the Operator to the Account Holder through the Website.

1.12     The “Gaming and Betting Duty” refers to the special tax applicable on gaming and betting in Malta.

1.13     A “Card” refers to all types of cards with a function of “payment”, “charge”, “debit”, “credit”, “virtual” and/or similar.

1.14     A “Payment Solution Provider” is an intermediary acting as a payment agent for various different payment methods.

1.15     A “Financial Institution” is a bank and/or other institution regulated by an applicable domestic financial services Act or similar.

1.16     “Force Majeure” refers to any occurrence or condition beyond one’s reasonable control which leads to a delay or default in the performance of the affected party’s contractual obligation and shall, for the purposes of these rules, include Acts of God, government restrictions (including the denial or cancellation of any necessary licence where such denial or cancellation is made through no fault of the affected party), wars, outbreak of hostilities, riots, civil disturbances, insurrections, acts of terrorism, fire, explosions, floods, theft, malicious damage, strikes, lockouts, and/or any other cause beyond the reasonable control of the party whose performance is affected.

1.17     “Client Application” shall mean the web browser application opened by the Account Holder in

order to use the Services.

1.18     “Software” shall mean all software used by the Operator to offer and/or operate the Services and/or run the Client Application.

1.19     A “Prize” is an amount, a bonus or a reward that can be won by the Account Holder.

1.20     An “Inactive Account” is an Account which has not recorded any log-in and/or log-out for a period exceeding 12 consecutive months.

1.21     All trademarks, service marks and trade names as well as images, graphics, text, concepts or methodologies (collectively the “Intellectual Assets”) found on the Website, the Client Application and the material contained therein are the exclusive property of the Operator and/or the Operator’s suppliers and partners. The Account Holder is not entitled to exploit or otherwise use any Intellectual Asset for whatever purpose, except for what is allowed by law.

2. Licences

 

The Operator is duly licensed in Malta and is regulated by the MGA to provide the following products: Sports Betting, Controlled Skilled Games (Fantasy Sports) and Casino games under its MGAGaming Service Licence № MGA/B2C/292/2015, issued 01.08.2018. Sports Betting and Controlled Skilled Games are developed by Soft Construct (Malta) Limited (Critical Gaming Supply Licence № MGA/B2B/286/2014, issued on  issued 01.08.2018. Casino games are developed by Wazdan Limited (Licence № MGA/B2B/206/2011), G-Virtuals Limited (Licence № MGA/B2B/206/2011), Evolution Gaming Malta Limited (Licence № MGA/B2B/187/2010).

3. Account Rules

 

3.1       Creation of an Account

3.1.1   An individual cannot participate in a game for money unless that individual is an Account Holder. To be registered as a player, an individual must register personally and submit an application for registration. The following information must be provided:

         a.   date of birth and provide valid identification showing that the player is over eighteen

(18) years of age or the applicable legal age of majority as stipulated in the jurisdiction of your residence (identification documents which must be submitted include: copy of a valid identity card, passport or driving licence);

         b.   player’s first and last name;

         c.    player’s full residential address;

         d.    player’s valid email address; and

         e.    a username and a password

3.1.2   An individual applying to become an Account Holder warrants and represents not to be under the age of eighteen (18) years. Minors cannot register as a player and cannot hold an Account. The Operator reserves the right to request additional proof of age and perform additional checks in order to verify the information provided. An Account may be suspended until satisfactory proof of age is provided.

3.1.3   An individual applying to become an Account Holder furthermore warrants and represents:

to be a physical person (a legal entity will not be accepted as an Account Holder);

b.             not to be a resident of Afghanistan, Antigua and Barbuda, Australia, Belgium, Bulgaria, Cayman Islands, Cuba, Cyprus, Czech Republic, Denmark, France and its territories, Hong Kong, Hungary, Iran, Iraq, Ireland, Israel, Italy, Japan, Kahnawake, Libya, Macau, Netherlands, Netherlands Antilles, North Korea, the Philippines, Poland, Portugal, Russia, Saudi Arabia, Serbia, Singapore, Spain, Sudan, Syria, Turkey, Uganda, United Kingdom, United States and its territories, Vatican City, Yemen (please be aware of particular country exclusions for Casino - Games - Live Casino, Poker and Bingo);

           c.    not to be a professional player in any sport, competition or league where The Operator offers betting;

           d.    not to be restricted by limited legal capacity;

           e.    not to be acting on behalf of another party;

            f.    not to be classified as a compulsive problem gambler, and/or be included (whether voluntarily or involuntarily) on any register or database of excluded players;

           g.    not to be depositing monies originating from criminal and/or other illegal activities;

           h.    not to be depositing monies through a Card which the Account Holder is not authorised to use and/or utilizing a Card in a jurisdiction in which betting and gaming are prohibited;

i.               not to be conducting criminal activities whereby an Account is directly or indirectly involved;

j.               not to be holding an active account with another legal entity which is part of the same group as the Operator, meaning other entities directly or indirectly controlled by Vivaro Limited;

k.             not to use the Services if it is illegal in his/her country of residence or otherwise restricted for him/her to open a gaming account, purchase or use services from the Operator and/or otherwise participate in the games offered. It is the Account Holder’s responsibility to ensure his/her use of the Operator’s Website and Services is legal;

l.               not to find the Website or the Services offensive, objectionable, unfair, nor indecent; and

m.           to maintain his/her Account details up-to-date in terms of the following: first and last name, country of residence, valid email address and phone number.

3.1.4   An individual applying for an Account acknowledges and accepts:

a.             all definitions and stipulations as stated under these rules;

b.             these rules as currently published on the Website, as well as any possible future changes to these rules;

c.             that the Place of the Contract is Malta; and

d.             that the Contract is governed by: (i) these rules as published in English; (ii) any regulatory provisions or other decisions made from time to time by the Governing Authorities; and (iii) the Governing Law of the Place of the Contract.

3.1.5   An individual applying for registration warrants and represents that any information provided in their application form is true and correct. Failing this, the Operator will not register the individual, and where that individual has already been registered, the Operator will block the Account when it becomes aware that the individual has provided false information when registering as a player.

3.1.6   The Operator reserves the right to refuse the registration of any individual for any reason, at its sole discretion. Any contractual obligations already made will be honoured.

3.2         Management of an Account

3.2.1   The Operator reserves the right at its own discretion and at all times, to:

a.             decline to open an Account and/or to close an existing Account without any explanation whatsoever;

b.             decline to accept deposits without any explanation whatsoever;

c.             request documents to verify: (i) the identity of the Account Holder, (ii) his/her authorization to use a specific Card and/or (iii) other facts and information provided by the Account Holder. Such request may be made at any given moment and the Operator reserves the right to suspend an account pending investigation;

d.             transfer and/or license, without prior notice, data regarding an Account Holder to any other legal entity, in any country, ultimately managed and controlled by Vivaro Limited, subject to the Operator guaranteeing that the said data at all times is transferred and managed in accordance with applicable laws, data protection acts and/or similar;

e.             transfer and/or license, without prior notice, the rights and liabilities regarding an Account Holder to any other legal entity, in any country, ultimately managed and controlled by Vivaro Limited, subject to the Operator guaranteeing the liabilities being honoured;

f.              hold and manage funds belonging to Account Holders in accordance with generally accepted guidelines for cash management regarding such funds; this may include a Financial Institution and/or a Payment Solution Provider being entrusted to hold funds in the name of and/or for the benefit of Account Holders, as approved by the Regulator;

g.             forfeit and/or confiscate funds available on an Account and/or refuse to honour a claim, in the event that, directly or indirectly: (i) these rules have been violated; and/or (ii) other unauthorised activities have occurred in connection with a betting event and/or the operation of an Account (such as, but not limited to, breach of the law or other regulations, breach of a third party’s rights, fraud, and cheating);

h.             suspend and/or cancel the participation of an Account Holder in the games, promotional activities, competitions or other services, whenever the Operator is of the opinion that there are legitimate concerns that an Account is, has been, or may be used for illegal, fraudulent or dishonest practices;

i.               suspend and/or cancel the participation of the Account Holder in the Services, and/or forfeit and/or confiscate funds available on their the Account if the Account Holder is found cheating, or if it is determined by the Operator that the Account Holder has employed or made use of a system (including machines, robots, computers, software or any other automated system) designed to defeat or capable of defeating the Client Application and/or Software.

The Operator is committed to detect and prevent software programs which are designed to enable artificial intelligence (“AI Software”) to play on ITS website(s) including but not limited to opponent- profiling, player collusion; robots, other ‘cheating’ software or anything else that in our reasonable opinion distorts normal game play and enables the player to have an unfair advantage over other players. You acknowledge that the Operator will take measures to detect and prevent the use of such programs and AI Software using methods (including but not limited to reading the list of currently running programs on a player’s computer) and the customer agrees not to use any AI Software and/or any such programs.

3.2.2   The Operator warrants and represents at all times to:

a.             manage funds belonging to Account Holders in a secure and appropriate manner; and/or

b.             absorb the cost of and pay the Gaming and Betting Duty, as applicable, at the Place of the Contract;

c.             manage data regarding an Account Holder in accordance with applicable laws, data protection acts and/or similar;

d.             not offer contingencies to customers to proceed to any fund transfer between

customers’ accounts.

3.2.3   The Operator shall keep Account Holders’ funds separate from the Operator’s own funds in a client account held with a Financial Institution approved by the Regulator.

3.2.4   An Account does not accrue interest. The Account Holder shall not treat the Operator as a financial institution.

3.2.5   An Account Holder can only hold one account at a time. In the event that this rule is breached, the Operator reserves the right to block and/or delete the superfluous account(s) held by the Account Holder in breach of this clause, and reallocate all the funds to a single account. No bonus given to the superfluous account(s) will be reallocated.

3.2.6   An Account is non-transferable. It is prohibited for players to sell, transfer or acquire accounts from or to other players. Funds cannot be transferred between accounts.

3.2.7   An Account Holder shall not allow any other individual, including any minor, to use or reuse its account, access and/or use any material or information from the Website, accept any Prize, or access and/or participate in the Services.

3.3         Responsible gaming Account settings

3.3.1   An Account Holder may, in the Account settings:

a.             set a limit on the amount that they may wager or deposit into their Account within a specified period of time;

b.             exclude themselves from playing for a definite period of time.

3.3.2   An Account Holder who has set a limit as above in a) may change or revoke the limit in the Account settings. Increasing or revoking a limit takes effect seven days after the Operator has registered the change. Decreasing a limit takes effect immediately after the Operator has registered the change. The Operator shall not accept a wager from an Account Holder contrary to a limit or exclusion set by themselves as above.

3.3.3   If the Operator believes that a player’s gambling will cause them financial or personal

difficulties, the Operator reserves the right to close the Account.

3.3.4   Kindly be advised that gambling can be addictive. If a player deems to require help to overcome any such addiction, they should kindly visit the Responsible Gaming page of the Website.

3.4         Self-exclusion and Financial Protection of Players Section

3.4.1   For any players wishing to limit their gaming Vbet.net offers a self-exclusion option. You can send us an email on [email protected] to request a self-exclusion period or threshold. Alternatively, the Account Holder can access his/her personal Vbet.net account and from the “Self-Exclusion” section of “My Profile” menu then be able to select the preferred period for self-exclusion and then click on “Save”.

3.4.2   Self-exclusion is a formal process at customers own discretion to be barred for a definite (1 month, 6 months, 1 year, 2 years, 5 years) or indefinite period. For indefinite self-exclusion, the Customer shall contact vbet.net customer support via an e-mail to [email protected] with a corresponding request. Self-exclusion request from the customer shall become effective immediately.

3.4.3   Once you begin your Self-Exclusion, you will no longer be able to deposit funds or play in any of our products. However, you will be able to withdraw any balance you may have on your account. Any ongoing bets will remain active and any winnings will be paid to the customer on termination of the event.

3.4.5   Once the self-exclusion period becomes effective, it cannot be cancelled by Vbet.net for any reason whatsoever and the customer cannot open another account. Any accounts pertaining to customers who have excluded themselves for a definite or indefinite period, will not be automatically reopened. Only after the expiry of the exclusion period, the Customer may by a written notice request the reopening of the account; no other method of activation is permitted.

3.4.6   Another financial protection option offered by Vbet.net is limitation of deposits. Deposit limits allow the customer to limit the amount of funds they can deposit into their account. The amount can be chosen over a daily, weekly or monthly period. The deposit limit will allow the customers to restrict the amount of money entering their account, before betting takes place.

3.4.7   When setting a deposit limit within a specified period of time (daily, weekly, monthly), the customers have to follow these steps: go to “My profile”, choose the “Deposit Limits” section, set their preferred limits for a specified period and “Save” the settings.

3.4.8   Upon setting a deposit limit or self-exclusion in the manner contemplated above, the customer can only change or revoke the limit or exclusion by a written notice sent to [email protected] A notice to increase or revoking a deposit limit, or to decrease or revoke self- exclusion period, has effect only 7 days after the receipt of the notice/request. A notice reducing a deposit limit or increasing the self-exclusion period has effect immediately upon receipt of the notice by Vbet.net.

3.4.9   There are specific software products available to assist the customer with the self-exclusion process. For more information, please visit the following sites:

Netnanny: www.netnanny.com/features/internet-filter

Gamblock: www.gamblock.com

Betfilter: http://www.betfilter.com/

CYBERsitter: https://www.cybersitter.com/

3.4.10      We take all reasonable steps to ensure that the self-exclusion procedure is adhered to and we shall use all reasonable endeavours to ensure that no promotional material is sent to customers who have excluded themselves from playing. If the operator suspects that the player has more than one registered account, the operator has the right to close the account, terminate any bets and return the funds to the player. However, the customer accepts that we are in no way responsible towards the customer or any third party if s/he continues to play with any added accounts, in which he/she has changed any registration details (including cases in which the customer opens an account with the same details but inserted differently in the registration form) or if publicity material is inadvertently forwarded to him. We also strongly recommend that the Client seeks urgent professional assistance if s/he finds a way to continue playing during the self-exclusion period.

3.4.11                         For more information regarding Responsible Gambling[KK1], please go to the corresponding section.

3.5         Inactive accounts

3.5.1   An “Inactive Account” is an Account, which has no record of any log-in and/or log-out for a period exceeding eighteen (18) consecutive months.

3.5.2   The Operator reserves the right to charge a monthly administrative fee for Inactive Accounts. The monthly fee for The Accounts held in euros is set at EUR 5. The following monthly fees apply to The Accounts held in other currencies: BGN 10, BRL 13, CAD 7, CHF 5, CZK 130, DKK 35, GBP 4, HRK 38, HUF 1320, LTL 17, NOK 40, PLN 20, RON 20, SEK 50, and USD 7. The administrative fee will be charged and deducted from the Inactive Account at the beginning of the month following the month in which the Account became inactive.

3.5.3   The Operator reserves the right to close the Inactive Account once the account reaches zero balance. All Account Holders whose The Accounts remain inactive for 12 months will be notified within 30 days prior to any fees being charged to their The Accounts. The Account Holders may therefore reactivate their The Accounts by logging in/logging out or withdrawing their funds within the 30 days’ time window without incurring any fees. Should any Account Holder reactivate their The Account within three months, they will be refunded any inactivity fees.

3.5.4   The Operator shall remit the balance on an Inactive Account to the MGA, in accordance with the Remote Gambling Regulations, if:

a.             no transactions have been recorded on an Account for a period of 30 consecutive months; (A dormant account is an account that has not been accessed for 30 months, that has a real money balance. Once your account becomes dormant, if we have been unable to contact you, the Company, in accordance with the applicable law, will close your account and transfer your remaining account balance to the MGA.) and

b.             The Operator has made reasonable efforts to contact the Account Holder of the Inactive Account but the Account Holder could not be satisfactorily located or the required payment instructions were not available.

c.             Once the balance is remitted to the MGA, the money will be forfeited and the Inactive Account closed.

3.5.5   Should an account be blocked or excluded and a balance is still available in the account, you shall be contacted by our customer support notifying you that a balance is still available in your account. You shall be requested to provide details for the withdrawal of such pending amounts. If the Account Holder cannot be satisfactorily contacted, the outstanding balance shall be remitted to the MGA. Provided that no claim shall lie against The Operator after it has remitted the balance to the MGA.

3.6 Chargeback

3.6.1   Subject to the sub-clauses below and without prejudice to The Operator’s right to seek redress under any applicable legislation, regulation, enactment or policy, or under any other provision of these rules, The Operator shall have the right to block an Account when a chargeback has been requested in relation to that The Account.

3.6.2   When a chargeback has been requested, The Operator will send a “Chargeback Notice” to the Account Holder at the email address mentioned in the Account Holder’s details, in order to seek confirmation of the Account Holder’s identity and of the payment method used to credit to the Account Holder’s The Account any funds entirely unrelated to a chargeback (“Untainted Funds”).

In the absence of confirmation by the Account Holder of the Account Holder’s identity and of the payment method used to credit Untainted Funds to the Account Holder’s The Account, following a Chargeback Notice, The Operator will send two written reminders to the Account Holder at the email available to it, each of which will be subject to a processing fee of fifty (50) EURO drawn on any Untainted Funds.

3.6.3   Where an Account has been blocked due to a chargeback and the Account Holder has not:

a.             logged in to the Account for a period of thirty (30) consecutive months; or

b.             confirmed to The Operator his identity and the details of the payment method used to credit Untainted Funds to the Account Holder’s The Account and then requested a withdrawal; any Untainted Funds on the Account will be treated as though they were funds on an Inactive Account and The Operator will remit the balance on the Account of the Account Holder to the MGA.

3.7         Closure of an Account

3.7.1   An Account Holder may close their Vbet.net Account at any time by contacting Vbet.net’s Customer Support using [email protected] e-mail address. Any funds in the Vbet.net Account will be remitted to the Account Holder.

3.7.2   Should an existing The Account be closed, any obligations already entered into will be honoured.

3.7.3   Account Holders who wish to recover funds held in a closed, blocked or excluded account are advised to contact Customer Support.

3.7.4   In case of closure of their The Account due to gambling addiction or fraud, an individual must not open a new The Account. The Operator will not be liable should the individual succeed in opening a new account, nor for any direct or indirect consequential damages. The Operator reserves the right to close an account opened in breach of this rule at any point.

[KK1]hyperlink

4. Payment Rules

 

4.1         Deposits to and withdrawals from an Account shall at all times be made through a Financial Institution or a Payment Solution Provider. Procedures, terms and conditions, availability, and duration for deposits/withdrawals may vary depending on time as well as the country and Financial Institution in question. Current advice is available when logged in on the Website under the headings “Deposit” or “Withdrawal”. Though the Operator reserves the right to request completion of a Know Your Customer (KYC) process right after the first deposit effected to the player’s account, in order to carry out the necessary verifications, it is generally done during the first withdrawal request.

4.2         Players have no right to expect interest on deposits.

4.3         At the first withdrawal request, all the players undergo the KYC procedure, meaning that they should provide valid identification showing that the Customer is over eighteen (18) years of age or the applicable legal age of majority as stipulated in the jurisdiction of their residence. Identification documents to be submitted include: copy of a valid identity card, passport or driving licence. The provided identification document shall include name, surname, residential address and date of birth of the player allowing the licensee to verify their identity.

4.4         The identity of the players is doubled-checked on cumulative deposit and/or withdrawals of

€2,000.

4.5         All withdrawal requested are only remitted to the same account from which the deposits from the players were done. In the event, if it is not possible, the Operator shall verify that the alternative account provided by the player is secure and belongs to the same player.

4.6         The Operator does not accept cash funds sent or delivered directly to the Operator or a Payment Solution Provider.

4.7         The Operator will credit to the Account all funds received by the Operator from or on behalf of the Account Holder, or owed by The Operator to the Account Holder.

4.8         Method of payment/withdrawal from/to the Account

4.8.1   An Account Holder is only allowed to:

a.             make deposits to his the Account with his personal Card or via his personal account created with one of the Financial Institutions or their licensees;

b.             request withdrawals of funds held on his The Account to his personal account created with one of the Financial Institutions or their licensees.

4.8.2   An Account Holder is responsible for providing The Operator with the correct details of his personal account for the purpose of withdrawals from his The Account.

4.8.3   An Account Holder must not allow third parties to use his the Account to make deposits to or withdrawals from his the Account.

4.8.4   It is the Account Holder’s sole responsibility to ensure that he complies with the above provisions.

4.9         The Operator shall not accept a wager from an Account Holder unless an Account has been established in the name of the Account Holder and there are adequate funds in the Account to cover the amount of the wager, or funds necessary to cover the amount of the wager are provided in an approved manner.

4.10     The Operator shall not deal with the credit balance of an Account except:

a.             to debit from the Account a wager made by the Account Holder or an amount the Account Holder indicates they want to wager in the course of a game they are playing or about to play;

b.             to remit funds standing to the credit of the Account to the Account Holder, at the Account Holder's request, in terms of regulation 37 of the Remote Gaming Regulations;

c.             to pay reasonable bank charges for deposits received and funds withdrawn; or

d.             as otherwise authorised by the Remote Gaming Regulations.

4.11     The balance of an Account may turn negative in case of chargeback.

4.12     Withdrawals from an Account are made through payments addressed to the Account Holder or transferred to a bank account held in the name of the Account Holder, as advised by the Account Holder. Whenever possible, The Operator will restrict withdrawals to be made only to the same account utilised by the Account Holder to make deposits.

4.13     When an Account Holder wishes to withdraw funds they have deposited into their The Account but have not wagered in any game or sport betting offer, The Operator reserves the right to refuse to transfer the funds to another bank account than the one the funds originated if The Operator suspects fraud and/or money laundering.

4.14     Depending on the payment method chosen by the Account Holder, minimum and/or maximum deposit limits may apply.

4.14.1      To withdraw an amount from the account, the Account Holder must complete the following steps.

1.             Choose Payment in the Account section.

2.             Choose payment system.

3.             Provide the required personal data and indicate the amount.

4.             Press Confirm. A message confirming the payment will then appear.

The withdrawals will be remitted only to the same account from which the funds originated

·               There can also be limitations for withdrawals.

·               The identity of players will be verified on cumulative withdrawals of €2.000.

·               No cash deposits / withdrawals will be effected.

·               Here are the payments systems integrated with vbet.net. Each of them has its own rules, which are stated below.

·               In future, this document will be modified regarding the new payment systems, which will be integrated to vbet.net.

4.15     The Operator reserves the right to charge the Account Holder for administrative costs resulting from withdrawals made by the Account Holder, as indicated on the Website.

4.16     Placing a bet through the Internet may be illegal in the jurisdiction in which an Account Holder is resident and/or domiciled; if so, the Account Holder is not authorised to use a Card for the purpose of placing a bet.

4.17     The participation of an Account Holder in the Services in a jurisdiction where such participation is prohibited by law shall not affect any stakes or payment made to and accrued for the benefit of The Operator.

4.18     The Operator, MGA or any Governing Authority can monitor or request to review all transactions to prevent money laundering. All suspicious transactions detected by The Operator will be reported to the Governing Authorities.

4.19     All transactions are checked to prevent money laundering.

4.20     It is the sole responsibility of the Account Holder to pay and proceed with all necessary diligence in relation to taxes on any Prize, if and where applicable.

4.21     It is unlawful to deposit money from ill-gotten means.

5. Security Rules

 

    5.1         The Operator upholds strict confidentiality regarding all relations with the Account Holder. However, if required by the Governing Authority, a judge or, when required to do so by law, another public authority, and/or in the event of an Account Holder violating these rules, data can be disclosed to a third party for investigation purposes.

    5.2         The Account Holder is given a personal account number. The Account Holder chooses a password and a username. It is the Account Holder's own responsibility not to share this information. If the Account Holder has reasons to believe that others have become aware of this information, the Account Holder should immediately contact The Operator’s Customer Support and a new password will be issued. The Operator is not required to maintain usernames or passwords. If the Account Holder misplaces, forgets, loses, or shares with a third party their username and/or password, or is otherwise unable to enter the Website or any Service for any reason other than The Operator’s error, The Operator will not be responsible and will not be held liable for any claim regarding that The Account.

    5.3         All telephone communications between the Account Holders and The Operator are recorded for security and training purposes and/or compliance with accounting and finance regulations.

    5.4         All electronic communications between the Account Holder and The Operator are kept on record for compliance with accounting and finance regulations.

    5.5         Card deposits may, from time to time, be partially and/or fully declined subject to certain security systems managed in collaboration with a Payment Solution Provider and/or a Financial Institution. Such security measures may decline Cards that are legitimate, but which nevertheless it may not be possible to process at a particular time. The Operator’s personnel do not control the said systems, nor do they have any knowledge of the reasons for any deposits being declined.

    5.6         The Operator may request documents to verify the identity of the Card user and/or authorisation to use a specific Card and/or other facts and information provided by the Account Holder before expediting deposits and/or withdrawals. This may cause slight delays. From time to time, chargebacks are received and these will be treated in accordance with The Operator procedures.

    5.7         It is illegal to use and/or abuse an error or an instance of incompleteness on the Website, and/or in the Client application, and/or in any of the Software and/or Services provided on the Website. Should the Account Holder detect or become aware of such an error or incompleteness, they shall:

    a.             refrain from taking any advantage whatsoever thereof;

    b.             keep strictly confidential such error or incompleteness;

    c.             upon detection or becoming aware of such error or incompleteness, notify it to The Operator by sending an email to [email protected].

    Without prejudice to other remedies available under law or equity, should the Account Holder not comply with this clause, the Operator:

    a.             shall be entitled to full compensation for all costs that may be associated with the error or incompleteness, and harm resulting from the breach of this clause by the Account Holder;

    b.             reserves the right to, notably but not limited to, block the Account Holder’s The Account, and/or freeze or subtract all or part of the Account balance without prior notice, in order to cover part or all of the damages suffered or envisaged to be suffered by The Operator.

    5.8         An Account Holder’s identity will be determined on the basis of all or a combination of information, such as name, mailing address, email address, credit/debit card number, and any other type of identification that may possibly be required.

6. Disclaimer

 

    6.1         These rules as published in English and as may be amended from time to time in accordance with these Rules govern the Contract between you and the Operator. These Rules may be published in a number of languages for information purposes and for ease of your access. All versions will convey the same principles in different languages. Should there be any discrepancy between the terms in the English language version and the version in any other language, the English version will prevail.

    6.2         The Account Holder is advised to comply with applicable legislation in the jurisdiction in which they are domiciled and/or resident. The Operator does not provide advice to the Account Holder regarding tax and/or legal matters. Should the Account Holder wish to obtain advice regarding tax and legal matters, they are advised to contact appropriate advisers and/or authorities in the jurisdiction in which they are domiciled and/or resident.

    6.3         In the event of the Operator being found liable in any way by a court of law and/or a similar authority with legal competence and/or jurisdiction over the Operator, then the Operator's liability is limited to the amount of the stake, or the Account Holder’s net winnings, whichever is the lesser. Alternatively, when relevant and applicable, the amount recorded in the Account or the amount transferred into or out of the Account, whichever is the lesser.

    6.4         The Operator reserves the right, at all times, to resolve any dispute, at its own discretion, in accordance with principles of equity.

    6.5         The Operator is not affiliated or connected with sports teams, event organisers, or players displayed on its websites, and does not claim any intellectual property rights relating to their name and image, which are used strictly in order to provide the Services.

    6.6         The Operator makes no representation or warranty, explicit or implicit, as to the legal rights of the Account Holder to participate in the Services, nor shall any of The Operator’s employees, licensees, distributors, wholesalers, affiliates, subsidiaries, advertising, promotion or other agencies, media partners, agents or retailers have the authority to make any such representation or warranty. The Account Holder shall not use the Services, open, use or reuse an Account, enter the Website, nor accept any Prize if the Account Holder does not fully understand, agree to, wish to become a party to, and comply with, without exception, all these rules contained herein, and as these may be amended from time to time.

    a.             The Operator does not acknowledge or accept any liability for damage and/or losses to an Account Holder and/or a third party caused directly and/or indirectly due to the Account Holder: making deposits to his The Account via a third party’s Card or account;

    b.            requesting withdrawals from his The Account to a third party’s account;

    c.             providing incorrect details of his personal account for the purpose of withdrawals from his The Account;

    d.            allowing third parties to use his The Account to make deposits to or withdrawals from his The Account.

    6.7         The Account Holder should take all appropriate measures to protect the data and/or Software stored on their computer against all damage of any sort or intrusion.

    6.8         The connection to the Website and the participation of the Account Holder in any Service is under the Account Holder’s responsibility.

    6.9         The Operator does not acknowledge or accept any liability whatsoever for damage and/or losses to an Account Holder and/or a third party caused directly and/or indirectly due to any:

    a.             mistake, misprint, misinterpretation, mishearing, misreading, mistranslation, spelling mistake, fault in reading, transaction error, technical failure, technical hazard, registration error, manifest error, cancellation of a game for any reason, Force Majeure and/or any other similar event;

    b.             violation of these rules;

    c.             collusion and/or criminal actions;

    d.             advice provided by The Operator;

    e.             failure of The Operator’s central computer system or any part thereof; delays, losses, errors or omissions resulting from failure of any telecommunications or any other data transmission system; and/or

    f.              financial risk and loss, including but not limited to variances in exchange rates;

    6.10     The Account Holder understands that the Services offered on the Website are for entertainment value only. The Account Holder is not required to use the Services, and such participation, if elected by the Account Holder, is at the Account Holder's sole choice, discretion and risk. The Account Holder’s interest in the Services and the Website is personal, and not professional. The Account Holder enters the Website for their sole personal entertainment. Any other entrance, access, use or reuse of the Services and/or the Website by the Account Holder/Player is prohibited.

    6.11     The SMS notification service is purely for the benefit of the Account Holder. The Operator does not acknowledge or accept any liability whatsoever should there be a mistake in the content of the SMS notifications or should the Account Holder fail to receive the SMS notification(s). All Prizes won through competitions, promotions and/or poker tournaments and casino games organised by The Operator will be sent within an estimated and not guaranteed delay of six weeks from the end of the competition, promotion or tournament.

    6.12     Should the Account Holder’s participation in the Services be interrupted by a failure of the telecommunication system, or of the Account Holder’s computer system, preventing them from continuing to use the Services after they have placed a wager, The Operator shall take all reasonable steps to ensure that its approved computer system enables the Account Holder to resume, upon restoration of the system, the Account Holder’s participation in the Services as at the time immediately before the interruption. If The Operator 's system does not enable the Account Holder to do so, The Operator shall:

    a.             ensure that the game is terminated;

    b.             refund the amount of the wager to the Account Holder in their The Account.

    6.13     Should a Service miscarry after starting due to a failure on the part of The Operator 's computer operating system, The Operator shall:

    a.             refund the amount wagered in the Service, and if the Account Holder has an accrued credit at the time the Service miscarries, credit the monetary value of the credit to the Account Holder’s The Account or, if the said account no longer exists, by paying it to the Account Holder in an approved manner;

    b.             immediately inform the Regulator of the circumstances of the incident;

    c.             refrain from conducting a further Service if the Service is likely to be affected by the same failure.

    6.14     Participation in the Services implies knowledge and acceptance of the limits of the Internet, especially:

    a.             technical capacity, response time for consultation, interrogation or transfer of information, risk of interruption, and in general risks inherent in any connection and transmission failure;

    b.             failure in the protection of data;

    c.             contamination risks by potential viruses circulating on the net.

    Hence, without prejudice to other clauses of this Disclaimer section, The Operator shall not be responsible for (including but not limited to):

    a.             transmission and/or reception of any data and/or information on the Internet;

    b.             any dysfunction of the network preventing the good progress of any game;

    c.             failure of any reception material or communication circuit;

    d.             loss of any data;

    e.             any damage caused by a virus, computing bug or technical failure;

    f.              any damage caused to the materiel of the Player, including hardware and software;

    g.             any failure preventing or limiting participation in a game, or a failure damaging the

    Account Holder’s system, including their hardware and software.

    6.15     Gaming material (whether electronically obtained or obtained by other means) is automatically invalid if counterfeited, mutilated, forged, altered or tampered with in any way, or if illegible, mechanically or electronically reproduced, obtained outside authorised legitimate channels, or if it contains printing, production, typographical, mechanical, electronic or any other errors.

    6.16     The Operator is not responsible for lost, late, illegible, incomplete, damaged, mutilated,

    misdirected or ‘postage due’ mail, requests, Prize claims or entries.

    6.17     The Operator’s liability for any error or malfunction included in the games is limited to replacement. The Operator shall not be liable for playing device malfunctions nor attempts by the Account Holder to use the Services by methods, means or ways not intended by The Operator.

    6.18     The Account Holder shall hold The Operator, its employees, officers, directors, licensees, distributors, wholesalers, affiliates, subsidiaries, advertising, promotion or other agencies, media partners, agents and retailers harmless and shall fully indemnify the same from any and all costs, expenses, liabilities and damages whatsoever that may arise as a result of Account Holder's:

    a.             entry, use or reuse of the Website;

    b.             use of any Website material;

    c.             entry, use or reuse of the servers used to provide the Services;

    d.             entry, use or reuse of a Client Application;

    e.             participation in the games and Services; or

    f.              the acceptance of any Prize.

    6.19     Under no circumstances, including but not limited to negligence, shall The Operator, its Software and Client application, software suppliers, subsidiary companies, or affiliates be liable for any direct, indirect, incidental, special or consequential damages resulting from the use of or the inability to use The Operator 's or its suppliers’ products, Client Application and/or materials. The Account Holder specifically acknowledges and agrees that The Operator is not liable for any defamatory, offensive or illegal conduct of any Account Holder. If the Account Holder is dissatisfied with any Service, or with any of the present The Operator Rules, the Account Holder's sole and exclusive remedy is to discontinue using the Services.

    6.20     The Account Holder understands, acknowledges and accepts that any resemblance of names, circumstances or conditions used, depicted, described or suggested in the games operated on the Website with reality is entirely coincidental and unintended.

    6.21     The Account Holder understands that The Operator reserves the right to change or remove any of its Services at any time.

    6.22     The Account Holder shall review these rules as posted on the Website on a regular basis, and not less than once a month.

7. Privacy Policy (including cookies)

 

    7.1         The Operator may collect and process the personal information of the Account Holder for the following purposes:

    a.             the provision of its gaming and betting services;

    b.             legal reasons;

    c.             regulatory reasons;

    d.             identification and/or authentication; and

    e.             marketing purposes, based on the opt-in principle.

    7.2         The Operator adheres to and collects and processes personal data in accordance with the Data Protection Act (Cap. 440 of the Laws of Malta) and ensuing laws and regulations and/or similar instruments in force at the Place of the Contract, taking account of the Data Protection Directive (EC Directive 95/46/EC) and the Electronic Communications Privacy Directive (EC Directive/2002/58/EC as amended by Directive 2009/136/EC).

    7.3         The Operator has adopted best practices when it comes to the principles of email communication with Account Holders.

    7.4         The Operator will disclose any of its Account Holders’ personal data and any other information and/or records relating to the Account Holder when ordered to do so by any Governing Authority, including by way of a court order and/or under any legal provision contained in the Governing Law.

    7.5         The Operator will instruct and authorise the Financial Institution with which an Account Holder's account is held to disclose any information as may be requested by the Regulator or by law in respect of an Account Holder's account.

    7.6         For fraud detection and control purposes, the Account Holder agrees that The Operator has the right to transfer their personal data to third parties, including but not limited to so-called Address Verification System service providers, Payment Service Providers and Financial Institutions. Furthermore, The Operator reserves the right to disclose the Account Holder’s personal data to relevant parties, including any Governing Authority, when The Operator has reasonable grounds to suspect irregularities involving an Account. Other transfers of personal data to third parties will require your consent.

    7.7         The Operator will keep the Account Holder’s personal data and all the financial transaction details for a minimum period of ten years after the closure of their The Account. The Operator will delete the Account Holder’s personal data if no transaction has ever been registered on the Account Holder’s account.

    7.8         Calls may be recorded and used for training purposes. Content can be disclosed when ordered to do so by any Governing Authority and/or under any legal provision contained in the Governing Law. Calls and electronic communications are stored for one year and then deleted from the system.

    7.9         Any and all materials submitted for Prize claims become the property of The Operator and will not be returned.

    7.10     The Operator reserves the right to process the Account Holder’s personal data for Customer Relationship Management (CRM) purposes. Only Account Holders who have opted in will receive advertising material.

    7.11     The Account Holder’s personal data shall be accessible to The Operator employees within Vivaro Limited Group. The Operator shall only disclose the Account Holder’s personal data to third parties other than the Regulator or Government Authorities solely on an opt-in basis or when required to do so by law. The Account Holder has the right to require access to their own personal data and/or has the right to correct and/or erase incorrect and/or inappropriate data.

    7.12     Queries regarding data privacy can be sent to [email protected]

    7.13     Cookies, tags and other identifiers (“cookies”)

    7.13.1      accepting these rules or by using the Service, the Account Holder accepts that The Operator will use cookies.

    7.13.2      The Website uses cookies for the following purposes:

    a.             to identify the Account Holder’s preferred language, so it can be automatically selected when the Account Holder returns to the Website;

    b.             to ensure that bets placed by the Account Holder are associated with the Account Holder's betting coupon and Account;

    c.             to ensure that the Account Holder receives any bonuses for which they are eligible, and

    d.             for analysis of the Website traffic, so as to allow The Operator to make suitable improvements.

    Please be aware that it is not possible to use the Website without cookies. If additional information about The Operator’s use of cookies is required, please email The Operator on: [email protected].

8. Bonus Rules

 

    8.1         General

    8.1.1   The Operator regularly organises bonus campaigns for the different gaming products offered. The terms and conditions of the bonus system shall be defined in the bonus terms and conditions tailored to each bonus campaign. Bonuses can be subject to the obligation of wagering them a certain number of times (“Turnaround Requirement”) before they can be withdrawn. If a bonus is subject to a Turnaround Requirement, winnings generated by the wager of the bonus will be able to be withdrawn only when the Turnaround Requirement is fulfilled.

    8.1.2   An Account Holder is eligible for one bonus per campaign, with the exception of so-called “Refer a friend” campaigns.

    8.1.3   An Account Holder is only eligible for one bonus per Account which shall mean no more than one bonus per user, IP address, computer device, family, residential address, telephone number, credit or debit card and/or e-payment account, e-mail address, and environments where computers are shared (university, fraternity, school, public library, workplace, etc.).

    8.1.4   The Operator reserves the right to offer a specific bonus to a specific customer or group of customers.

    8.1.5   In case of discrepancy between the English version of the bonus terms and conditions and any translation of them, the English version shall prevail.

    8.2         Sportsbook

    8.2.1   Each bet must be placed on an event with three or more potential outcomes. If the bonus amount is placed on more than one bet, each bet must be placed on different markets (i.e. different bet types on one fixture or one bet type on different fixtures).

    8.3         Bonus Abuse

    8.3.1   “Bonus Abuse” includes, but is not limited to:

    ·               breach of terms and conditions of a bonus, free bets or any other promotional offer;

    ·               the opening of multiple accounts to claim multiple bonuses;

    8.3.2   Where there is a reasonable suspicion that the Account Holder has committed or attempted to commit a bonus abuse, either on their own or as part of a group, The Operator reserves the right to:-

    ·               forfeit the bonus allocated to the Account Holder and any winnings from that bonus, and/or

    ·               revoke, deny, or withdraw a bonus offer from the Account Holder, and/or

    ·               block an access to particular products, and/or

    ·               exclude the Account Holder from any future promotional offers, and/or

    ·               terminate the Account Holder’s account with immediate effect.

    8.3.3   Where there is a reasonable suspicion that a series of bets has been placed by a customer or group of customers which, due to a bonus, free bet or any other promotional offer, result in guaranteed customer profits irrespective of the outcome, The Operator reserves the right to reclaim the bonus and in its absolute discretion to settle bets at the correct odds, void the free bets and/or void any bet funded by the bonus or bonus winnings.

    8.4         Refer a Friend

    8.4.1   For “Refer a friend” campaigns, an Account Holder can benefit from more than one bonus per campaign and/or per month, subject to the limit set up in each specific “Refer a friend” campaign.

    8.4.2   Referrers are not permitted to refer a member of their family nor are they permitted to refer friends or colleagues from the same household or with whom they share a credit or debit card or e-payment account, IP address and/or computer device.

    8.4.3   The Operator reserves the right to withhold the bonus from the Referrer and to discount bets made by one or more Referees where The Operator suspects that the Referrer/Referee(s) has abused the spirit of the bonus offer including, but not limited to, instances where Referees make identical or very similar deposit and betting patterns.

 

 

  9. These Rules

 

    9.1         The use of all products on this website are subject to the regulations imposed by the Regulator (www.mga.org.mt).

    9.2         Any dispute relating in any way to the use all products on this website should be emailed to [email protected] Should the reply not be considered satisfactory, a further complaint may be lodged with the MGA in line with clause 10 below.

    9.3         The Operator reserves the right to make changes to the site, betting limits, pay-out limits and offerings.

    9.4         A bet can be declared void, and will be, in the event of required compliance with applicable law or Force Majeure.

    9.5         For complete rules on each product, please visit the corresponding section.

    The rules of all individual products are an integral part of the Contract between the Operator and an Account Holder. By accepting the Operator Rules, Account Holder confirms that he has read and understood these rules and that he will abide by them.

    We reserve the right to limit or refuse any bet, stake or other wager made by you through your account at any time. We are not obliged to give reasons for doing so but will make reasonable efforts to give reasons where possible.

  10. Claims and Disputes

 

    10.1     Any claim regarding a transaction in conjunction with an Account shall be made to the Operator within six months after the transaction, payment and/or settlement took place, or should have taken place; otherwise the Operator reserves the right, at its own discretion, not to consider the claim.

    10.2     If an Account Holder wishes to lodge a complaint, it should do so with Vbet.net’s Customer Support using the "Contact Us" section on the Website. The parties should do their utmost to reach an amicable settlement within a reasonable time. Should the complainant not be satisfied with the resolution of such complaint, s/he may also lodge a complaint within the Malta Gaming Authority (Building SCM 02-03, Level 4, SmartCity Malta, Ricasoli SCM1001, Malta, Tel: +356 2546 9000) (www.mga.org.mt) or via email to [email protected] The Malta Gaming Authority’s decision shall be final and binding.

    10.3     The complaint must contain clear and unequivocal information about the Account Holder's identity, and shall give all the relevant details that gave rise to the complaint. The Operator will immediately look into any complaint made to it or to the Regulator.

    10.4     The Operator will inform the Account Holder or, where the complaint was referred to The Operator by the Regulator, the Regulator of the results of its investigations within twenty-one (21) days from the date on which the complaint has been lodged with The Operator.

    10.5    If a dispute should occur between the Operator and the Account Holder, the Operator will make accessible to the Account Holder a detailed transaction record. Such information will also be made available to a legitimate third party (e.g. a judge or court) if The Operator deems it necessary or if it is required by a legitimate authority.

    10.6     The minimum timeframe by which the Operator shall reply to a player complaint is as follows: acknowledgment within a minimum of 48 hours and the outcome of the complaint within 20 days from when the complaint was made.

 

 

11. Amendments

 

Any substantial amendment to The Operator Terms and Conditions shall be notified in advance by The Operator to the Account Holder before coming into effect and the Account Holders shall be required to provide their consent to the amended terms and conditions.

 

 

12. Your Personal Information

 

 Please refer to our Privacy Policy  for details on how we deal with any personal information received by us from you. You confirm that you have read, understood and accept the Company’s Privacy Policy.

 

 

13. Entry into Force

 

 13.1 These terms and conditions are effective from 23/12/2015, 0.00 hrs [CEST].