TERMS AND CONDITIONS
Last updated: Oct 5, 2020
Please read these terms and conditions carefully before using Our Service.
This end user agreement (the “Agreement”) is a legally binding agreement between (a) You, the end user (“You”) and (b) Setplay.net that operates under Games & More B.V Company No.149948, Fransche Bloemweg 4, Curacao, Licence Nr 8048/JAZ and Power Gaming Ltd (Company No.C77981, 64 “Excalibur”, B.Bontadini Street, Birkirkara) as Payment Processor.
IF THESE AGREEMENTS ARE TRANSLATED INTO ANOTHER LANGUAGE, THE ENGLISH LANGUAGE VERSION WILL PREVAIL IN THE EVENT OF ANY CONFLICT BETWEEN THE TRANSLATION AND THE ENGLISH LANGUAGE VERSION. Please note that these Terms of Services shall prevail in the event of any conflict between these Terms of Services and any of the game rules or other documents referred to in these Terms of Services. By clicking on ‘Submit’ or ‘I Agree’ and accepting these Terms of Services, You are also acknowledging and accepting these User Agreements. Access to and use of Our Facilities are governed by these Agreements. If You have any questions about these Agreements, We would encourage You to seek independent legal advice.
The Company’s software, which is available in either downloadable or non-download forms, and via either the Internet Platform or an Alternative Platform (the “Software”), allows You to use Our gambling services (the “Services”). The Company reserves the right to suspend, modify, remove or add to the Services or Software in its sole discretion with immediate effect and without notice. The Company shall not be liable for any loss suffered by you resulting from any changes made and you shall have no claims against the Company in such regard.
You shall access the Software and use the Services only via your own account and you may never access the Software or use the Services by means of another person’s account. Should you attempt to use the Services by means of any other person’s account, we will be entitled to immediately close all your accounts, retain all monies in such accounts and bar you from future use of the Services. If deemed applicable, the Company may decide in its sole discretion to prevent multiple accounts being registered or used by you or by anyone from the same family or living in the same household. The Company shall not be responsible in any way for preventing the registration of multiple accounts, but can take action, including retaining all monies in such accounts, on any person opening multiple accounts as required, including but not limited to situations where accounts are registered from the same household, regardless of the registration details provided at the time of opening such accounts.
- Acceptance of Terms and Conditions
If you do not agree to any of the provisions of the User Agreement you should immediately stop using the Software and remove the Software from your computer and/or any other applicable device.
We reserve the right to amend, modify, update and change any of the terms and conditions of the User Agreement from time to time and we will notify you of any such amendment, modification or change by publishing the new version of the User Agreement on the our Internet sites. Any modified version of the User Agreement will take effect 14 days after its publication on the Internet Site or earlier if required by any applicable law, regulation or directive and your continued use of the Services or the Software after the aforementioned period will be deemed to constitute your acceptance of the changes to the User Agreement. It remains your responsibility to ensure that you are aware of the correct, current terms and conditions of the User Agreement and we advise you to check for updates on a regular basis.
- Legality of use of the facilities
Internet gambling may not be legal in some jurisdictions. You understand and accept that the Company is unable to provide you with any legal advice or assurances in respect of your use of the Services and the Company makes no representations whatsoever as to the legality of the Services in your jurisdiction. Please verify the relevant laws in your jurisdiction before registering with the Company and using the Services.
The Services are intended only for users who are not prohibited by the laws of any applicable jurisdiction from gambling on the Internet. The Company does not intend to enable you to contravene applicable law. You represent, warrant and agree to ensure that your use of the Software and the Services will comply with all applicable laws, statutes and regulations. The Company shall not be responsible for any illegal or unauthorized use of the Software and/or the Services by you. Please consult legal counsel in the applicable jurisdiction if you have any doubts about the legality of your use of the Software and the Services under the laws of any jurisdiction that applies to you. By accepting these terms, you agree to assist the Company, to the extent you are able, with its compliance with applicable laws and regulations.
Persons located in certain countries which the Company does not service will not be eligible to open an account with the Company, make any deposits nor use the Services. Access from these countries to the Company’s websites will be blocked. The Company reserves the right to change the list of countries from which it will not accept users of the Service from time to time in its sole discretion and any such change may have immediate effect.
- Currency Exchange
Users are able to effect currency exchange transactions via the Service on their PC or Device with funds standing to the credit of such User’s account (the “Currency Exchange Facility”). All currency exchange transactions on the Currency Exchange Facility will take place at the current prevailing rate offered by the Setplay.net for the transaction type in question. The exchange rates will be updated on a regular basis, and it is possible that different rates may be offered depending on the type of transaction and movement in currency value. Users should ensure they are aware of fluctuations in the exchange rate and the impact this may have on their available funds before using the Currency Exchange Facility.Setplay.net will not be held responsible for gains and losses incurred by Users that utilise the Currency Exchange Facility. Users should also be aware that the Setplay.net applies a margin on currency exchanges effected via the Currency Exchange Facility which it may, at its discretion, waive for some types of transactions. A margin may, for instance, be applied to currency exchanges in connection with deposits or withdrawals, intra-account transfers or auto-conversion in situations where the currency exchanged is different from the currency used in the Games. Setplay.net may also, at its discretion, revoke or withdraw support for any particular currency without notice.
The use of the Currency Exchange Facility and/or User’s account to engage in currency trading or speculation is strictly prohibited. To help maintain the integrity of the Currency Exchange Facility, we have the right to, in our sole discretion:
decline or reverse any currency conversion transactions effected via the Currency Exchange Facility; and/or
limit the number of currencies held by a User in such User’s account and the amount of money that may be converted between currencies by that User; and/or
require that funds held in a User’s account and converted via the Currency Exchange Facility into a different currency be used for playing the Games before being withdrawn, transferred or used for any other purpose; and/or
retroactively apply any margin which was waived as part of a currency conversion transaction.
- Permitted Participation
Prior to your use of the Service and on an ongoing basis you represent, warrant, covenant and agree that: Your use of the Service is at your sole option, discretion and risk;
You are aged 18 or over and that you are not currently self-excluded from any online or mobile gambling site and that you will inform us immediately if you enter into a self-exclusion agreement with any gambling provider;
You have provided true and accurate information concerning your physical address and identity, including nationality;
You are not currently on any list of persons that would prohibit The Company from engaging in business or other dealings, or otherwise offering the Service to you;
You are not prohibited due to your geographic location or otherwise from receiving funds from The Company; We are not accepting players from: France, USA, Holland, Curacao
During their engagement period and for a period of 24 months thereafter, no officer, director, employee, consultant or agent of the Company or its suppliers, vendors or white label partners is permitted to use the Services directly or indirectly, nor is any supplier or vendor. This restriction also applies to relatives of such persons and for this purpose ‘relative’ includes, but is not limited to, any of a spouse, partner, parent, child or sibling; and
If you are identified as such a person as detailed above, The Company may immediately terminate your account and all access to any of the Service.
- Prohibited Uses of the Sites and Services
Illegal Funds and Unlawful Activities: You declare that the source of funds used by you for gambling on the Sites is not illegal and that you will not use the Services in any way as a money transfer system. You will not use the Services for any unlawful or fraudulent activity or prohibited transaction (including money laundering) under the laws of any jurisdiction that applies to you. If the Company has a reasonable suspicion that you may be engaging in or have engaged in fraudulent, unlawful or improper activity, including, without limitation, money laundering activities, or conduct otherwise in violation of the User Agreement, your access to the Services may be terminated immediately and/or your account blocked. If your account is terminated or blocked in such circumstances, the Company is under no obligation to refund to you any funds that may be in your account. In addition to terminating your access to the Services and/or blocking your account, the Company reserves the right to prevent you from accessing any of the Company’s other websites or servers, or accessing any other services offered by the Company. The Company shall be entitled to inform relevant authorities, other online service providers and banks, credit card companies, electronic payment providers or other financial institutions (together “Interested Third Parties”) of your identity and of any suspected unlawful, fraudulent or improper activity and you will cooperate fully with the Company to investigate any such activity. In the interests of fair play on our Sites it is prohibited to utilise any recognised betting techniques to circumvent the standard house edge in our games. If the game play on your account indicates that you are using such betting techniques we shall immediately block the account and retain any funds in said account.
Circumvention: We have developed and employ sophisticated proprietary technology intended to seek out and identify users making fraudulent or unlawful use of the Services or Software. You shall not break into, access or attempt to break into or access or otherwise circumvent the Company’s security measures. If, the Company believes, in its sole discretion, that you are in breach of this clause, the Company may terminate your access to the Services immediately and/or have your account blocked, and the Company may inform Interested Third Parties of your breach of this clause.
Intentional Disconnection: You are not allowed to intentionally disconnect from a game while playing on the Sites. We have developed and employ elaborate methods which enable us to seek out and accurately identify users who carry out an intentional disconnection during a game. If, in the Company’s sole discretion, you are in breach of this clause, the Company may terminate your access to the Services immediately and/or have your account blocked. If your account is terminated or blocked in such circumstances, the Company is under no obligation to refund to you any funds that may be in your account. In addition to terminating your access to the Services and/or blocking your account, the Company reserves the right to prevent you from accessing any of the Company’s other websites or servers, or accessing any other services offered by the Company.
- Offensive language or content
The User is prohibited from posting any unlawful, indecent, racist, obscene, libelous, defamatory or threatening material or any material that would violate any law or generally be considered to be offensive, via the Service whether using the chat function.
Without prejudice to any other rights, if a User breaches in whole or in part any provision contained herein, Company reserves the right, to take such action as it sees fit, including terminating this Agreement or any other agreement in place with the User, immediately blocking the User’s access to the Service or to any other service offered by the Group, terminating such User’s account on the Sites or on any other sites operated by the Group, seizing or quarantining all Virtual Chips held in the User’s account on the Sites or on any other site operated by the Group and/or taking legal action against such User.
You agree to fully indemnify, defend and hold harmless the Company and its shareholders, directors and employees from and against all claims, demands, liabilities, damages, losses, costs and expenses, including legal fees and any other charges whatsoever, howsoever caused, that may arise as a result of:
Your breach of this Agreement, in whole or in part;
Violation by you of any law or any third party rights; and
Use by you of the Service or use by any other person accessing the Service using your Login Credentials, whether or not with your authorization.
- Limitation of liability
Under no circumstances, including negligence, shall Setplay.net be liable for any special, incidental, direct, indirect or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use (or misuse) of the Service even if Setplay.net had prior knowledge of the possibility of such damages.
Nothing in this Agreement shall exclude or limit Setplay.net liability for: (a) death or personal injury resulting from its negligence; or (b) fraud or fraudulent misrepresentation.
- Security and your account
Each Account shall be accessible through the use of a combination of a unique username (“Username”), a unique and secret password (“Password”), and other optional numeric authentication methods that the User may select (the Username, Password and any other authentication features together being referred to as the “Login Credentials”). The User is obligated to choose his/her own Username and Password in accordance with the rules relating thereto.
The User agrees that he/she is solely responsible for all use of the Service under his/her Login Credentials and that he/she shall not disclose the Login Credentials to any person whatsoever nor permit another person to use the Service via his/her Account.
The User is obliged to keep his/her Login Credentials secret and confidential at all times and to take all efforts to protect their secrecy and confidentiality. Any unauthorized use of the Login Credentials shall be the sole responsibility of the User and be deemed as his/her use. Any liability therefrom shall be that of the User.
A User may only have one Account with Setplay.net and shall only use the Service using such single account. It is prohibited for a User to open multiple accounts with Power Gaming LTD. In the event that Setplay.net becomes aware of additional accounts opened by a User, Setplay.net may close such additional accounts without notice and may confiscate Virtual Chips held in such additional accounts. You will not be able to place any bets (with Virtual Chips) using the Service in an amount greater than the total amount of Virtual Chips in your Account.
You are fully responsible for paying all monies owed to Power Gaming LTD. You agree not to make any chargebacks, and/or deny or reverse any payment made by you in respect of the Service. You will reimburse Power Gaming LTD for any chargebacks, denial or reversal of payments you make and any loss suffered by us as a consequence.
Power Gaming LTD reserves the right to use third party electronic payment processors and/or financial institutions to process payments made by and to you in connection with your use of the Service. If VAT, GST, QST, HST or any other similar tax, hereinafter described as “Sales Tax”, applies to any payments made by you in connection with your use of the Service, such payments shall be treated as inclusive of all Sales Tax (if any).
Your account balance is the amount of real money paid into Your Account (by You or Us), plus any winnings (including bonuses which have not met the applicable wagering restrictions) and/or minus any losses accrued from using the Facilities, less any rakes or entry or other fees, if applicable, and less any amounts previously withdrawn by You or amounts forfeited or reclaimed by Us due to any known or suspected fraud or due to deposits or other transactions rejected or cancelled by Your bank or any relevant third-party bank (whether as a result of insufficient funds, charge-backs or otherwise) or any sums which are otherwise deductible or forfeited under these Agreements (‘Account Balance’).
Acceptance of a withdrawal request is subject to You having made and sufficiently wagered a real-money deposit or non-restricted bonus in Your Account, accrued winnings, any deposit method restrictions, bonus restrictions and/or Security Reviews and any other terms of these Agreements. All amounts You withdraw are subject to the transaction limits and withdrawal methods that We notify You of before cashing out. We may report and withhold any amount from Your winnings in order to comply with any applicable law. All taxes due in connection with any winnings awarded to You are Your sole liability. Account balances cannot be transferred, substituted or redeemed for any other prize. Payment of funds which You withdraw shall be made by wire, credit card and/or any other manner which We select in Our sole discretion, although We will try to accommodate Your preferences as indicated by You when You register.
Payments will be made as soon as reasonably possible (subject to up to two business days internal processing time), although there may be delays due to any Security Review undertaken by Us and save where We hold any such payments in accordance with these Agreements.
All Payments made by bank transfer in EUR within the SEPA region will be processed in accordance with the SEPA criteria. This means that both the remitter and the receiver will be charged regular domestic fees for the transaction by their respective banks, even if the transfer takes place between two different countries within the SEPA region.
- Third party content
We may reject or delete any text, files, images, photos, video, sounds, or any other materials (‘Third Party Content’) posted by You on the Platforms which in Our sole opinion breaches the terms of these Agreements.
Any violation of this policy may result in removal of the Third Party Content, a suspension of Your use of the Facilities and/or such other action as may be reasonably required by Us to ensure compliance. You are not entitled to make untrue and/or malicious and/or damaging comments with regard to the Group’s operation in any media or forum.
- Fraudulent activities, prohibited transactions and failed deposits
We have a zero tolerance policy towards inappropriate play and fraudulent activity. If, in Our sole determination, You are found to have cheated or attempted to defraud Us or any other user of any of the Facilities in any way, including but not limited to game manipulation or payment fraud, manipulation of the multi-currency facilities, betting on all possible outcomes of a game or event or if We suspect You of fraudulent payment, including use of stolen credit cards, or any other fraudulent activity (including but not limited to any chargeback or other reversal of a payment) or prohibited transaction (including but not limited to money laundering) or if Your deposits failed to be honoured by Your bank for any reason, We reserve the right to suspend and/or close Your Account and recover bad debts using whichever method may lawfully be available to Us including, but not limited to, (i) debiting the amount owed by You from Your Account; and (ii) instructing third party collections agencies to collect the debt. This may have a detrimental impact on Your credit rating and will require Us to share Your personal information (including Your identity) with appropriate agencies and to report any criminal or suspicious activities to the appropriate authorities.
We reserve the right to void and withhold any or all winnings made by any person or group of persons and to void and withhold any avail gained by any person or group of persons where We have reasonable grounds to believe that said person or group of persons is acting or has acted in liaison in an attempt to defraud or damage Us and/or the Facilities and/or the Platforms in any way.
In the interests of data protection, security and avoidance of fraud We do not permit use of any communication channels included within the Facilities and/or the Platforms (including but not limited to dealer table chat boards) to offer or promote any offers, products and facilities (whether Yours or a third party’s). You are expressly prohibited from posting information or contacting Our customers to offer or promote any offers, products or facilities.
You may only have one Setplay.net Account on our platform, and you must use that Account so as to take part in the Game or Promotion. Furthermore, you must not permit another person to take part in theGame/Promotion using your Personal Account. It is allowed to use single device per one account. If we discover that one account is associated with different account via unique device ID or IP address we reserve the absolute right to automatically block your account or disqualify you or invalidate your entry. Our company may, at its sole discretion, deny, withhold or withdraw from any user any bankroll, bonus or promotion, or rescind any policy with respect to that user, either temporarily or permanently, or terminate that user’s access to the service and/or block that user’s account.
- Account closure
We reserve the right, in our unfettered discretion and in relation to your account in the case of your use of the gaming facilities, any facilities that share the shared game/table platform, to terminate these agreements, withhold your account balance, suspend your account, and recover from such account the amount of any affected pay-outs, bonuses and winnings if: You are in material breach of any of these Agreements;
We become aware that You have used or attempted to use the Facilities for the purposes of fraud, collusion (including in relation to charge-backs) or unlawful or improper activity (including without limitation, any manipulation of the multi-currency facilities);
We become aware that You have played at any other online gaming site or facilities and are suspected of fraud, collusion (including in relation to charge-backs) or unlawful or improper activity; You have ‘charged back’ or denied any of the purchases or deposits that You made to Your Account; or
You become bankrupt or analogous proceedings anywhere in the world.
- Limitations and exclusions
Your access to the platforms, download of any software relating to the facilities from the platforms and use of the facilities or any information we may provide in connection with your use of the facilities is at your sole option, discretion and risk.
To the extent permitted by law, we shall not be liable for: (i) any malfunctions of the computer programs relating to the facilities we make available from the platforms, (ii) bugs or viruses resulting in lost data, or (iii) any other damage to your computer equipment, mobile phone or mobile device, or software.
Furthermore, we shall not be liable for any attempts by you to use the facilities by methods, means or ways not intended by us. We are not required to provide redundant or backup networks and/or systems. We will provide the facilities with reasonable skill and care and substantially as described in the agreements. We do not make any other promises or warranties about the facilities.
Our maximum liability to you or any third party arising out of these agreements or your use of the facilities or the computer programs relating to the facilities we make available from the platforms, whether for breach of contract, tort (including negligence) or otherwise, will be limited in any twelve (12) month period to the amount, if any, you have paid from your account in bets, rakes and/or fees, as applicable, in the same twelve (12) month period and in relation to the facility relevant to which the liability in question has arisen.
The Company (including its officers, directors, agents and employees) will not be liable to you in contract, tort (including negligence) or otherwise for any indirect losses, including but not limited to loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not currently foreseeable by the group arising out of these agreements or your use of the facilities.
Nothing in these agreements will operate so as to exclude any liability we may have in respect of either fraud, or death, or personal injury caused by our negligence.
If any part of the agreements are deemed unlawful, void or for any reason unenforceable, then that part shall be deemed to be severable from the rest of the agrements and shall not affect the validity and enforceability of the remaining provisions.
We make no warranties or representations (whether express or implied by law, statute or otherwise) with respect to the players and affiliate program, the website or any content, products or services available therein or related thereto or that the website, our system, network, software or hardware (provided to us by third parties) will be error-free and uninterrupted in regard to the quality, merchantability, fitness for particular purpose or suitability of all or any of the foregoing. Except as expressly stated otherwise in this contract, all warranties, representations and implied terms and conditions are hereby excluded to the fullest extent permitted by law. Furthermore, neither we (nor our providers or underlying vendors) are required to maintain redundant system(s), network, software or hardware.
The User accepts that the historical data of each Game shall be as recorded on the Power Gaming LTD servers. In the event of a discrepancy between the cards displayed on your computer and the game records on the Setplay.net server the latter shall prevail. The User accepts that Setplay.net’s server record is considered as the official historical record of any hand.
The company may update or modify the terms of this Agreement or any part thereof from time to time. We will notify you of any material changes to be introduced to this Agreement on the Sites or via other means before such changes come into effect, and you will be required to expressly accept such changes in order to continue using the Service and the changes will apply immediately following your express acceptance. We encourage you to visit the Sites regularly and check the terms and conditions contained in the version of the Agreement in force at such time. Your continued use of the Sites shall be deemed to attest to your agreement to any amendments to the Agreement.
- Governing law
These Agreements shall be governed by and construed in accordance with the laws of Malta. You irrevocably agree to submit to the exclusive jurisdiction of the courts of Malta for settlement of any disputes or matters arising out of or concerning these Agreements or their enforceability. If any part of these Agreements is found to be invalid, illegal or unenforceable in any respect, it will not affect the validity of the remainder of the Agreements, which shall remain valid and enforceable according to their terms.
If a provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect the validity or enforceability in that jurisdiction of any other provision hereof or the validity or enforceability in other jurisdictions of that or any other provision hereof.
We reserve the right to transfer, assign, sublicense or pledge these Agreements, in whole or in part, to any person (but without Your consent) where You are notified of such assignment by email, and provided that any such assignment will be on the same terms or terms that are no less advantageous to You. You may not assign, sublicense or otherwise transfer in any manner whatsoever any of Your rights or obligations under these Agreements.
No waiver by Setplay.net of any breach of any provision of this Agreement (including the failure of Setplay.net to require strict and literal performance of or compliance with any provision of this Agreement) shall in any way be construed as a waiver of any subsequent breach of such provision or of any breach of any other provision of this Agreement.
Nothing in this Agreement shall create or confer any rights or other benefits in favour of any third parties.
The English language version of this Agreement shall be the prevailing version in the event of any discrepancy between any translated versions of this Agreement.
PLEASE PRINT THESE TERMS AND CONDITIONS AND STORE FOR YOUR FUTURE REFERENCE. IN ADDITION, WE SUGGEST THAT YOU PRINT AND STORE ALL TRANSACTION RECEIPTS APPLICABLE TO YOUR ACTIVITIES.
If you have any questions about these Terms and Conditions, You can contact us:
By email: [email protected]
By visiting this page on our website: https://setplay.net/contact