General Terms and Conditions
K Soft Works N.V.
GENERAL TERMS & CONDITIONS
These terms represent the entire agreement and understanding between you and us, where it is expressly agreed that these cannot be varied or amended except by update or modification which will be published on this webpage and notified in writing to you and effective from that date.
For the purposes of clarity this expressly excludes any variation or change to these terms given orally, by chat, SMS, email or other such means, inadvertently or otherwise by our individual customer service staff or other of our representatives.
- 1.1 The following provisions define the terms and conditions that govern your use of, access to and participation in any services provided by, K Soft Works N.V. N.V (referred to as "Poker Klas", "we", "our" or "us" as the context requires) from time to time, including, without limitation to the Poker Klas as defined below (the "Service(s)") on and/or through the website at www.pokerklas.com, and any other website operated by K Soft Works N.V. N.V (the "Website(s)"). These provisions are intended to be read in conjunction with Betting Rules respectively (the "House Betting Rules") where applicable, and any other terms and conditions governing the use of the Services, Software and access to the Website(s) and the Information comprised therein (collectively these "Terms & Conditions").
- 1.2 "Betting" or "bet(s)" for the purpose of these Terms and Conditions include, without limitation, wagering, gaming and gambling conducted in relation to any and/or all of the Service(s) offered on the Website(s);
- "Device(s)" means any application access devices, including but not limited to personal computers, laptops, mobile telephones, smart phones, tablets or any other such mobile device, personal digital assistants, PDA telephones employed for the use of and access to the Website(s) and participation in the Services;
- "Player Account" - One personal single account pertaining to one domestic household address, opened by an individual and maintained with us to enable that person to take part in Betting;
- "Software" - the software licensed to us including any program or data file or any other content derived thereof, that is required to be downloaded, accessed or otherwise utilised by you from the Website enabling you to participate in the Services;
- "Websites" - the web pages of the Services that are accessible through the Devices, where a player can access the Software by opening a Player Account with www.pokerklas.com.
- 2.1 By ticking the box next to the "I agree to the terms and conditions" and clicking on the relevant "CREATE" button during your registration, you acknowledge and accept that:
- (i) you have read, fully understood and accepted these Terms and Conditions; and you agree to and accept the policies and practices outlined in the Cookies Policy as referred to herein; and
- (ii) these Terms and Conditions constitute a legally binding agreement ("Agreement") between you and www.pokerklas.com regarding the use of the Services.
- 2.2 If you do not agree with any of the terms of these Terms and Conditions, please do not tick the box next to the "I agree to the terms and conditions", do not click the "CREATE" button, and do not attempt to use or continue using any of the Services or download and/or install the Software.
- 3.1 We reserve the right to amend, update and modify these Terms and Conditions and the House Betting Rules (or any part thereof), including the right to novate it to one of our group companies as part of a corporate restructuring or reorganisation, from time to time and any such amendment, update or modification will be published on the Website(s). Customers will be notified of any amendments, updates or modifications prior to publication on the Website(s) giving Customers a chance to understand the impact of such changes before they chose to continue to play again; such amendments, updates or modifications shall be effective upon publication thereon. Continued use, access to and participation in the Service on or through our Website(s) and Device(s) after such publication constitute your acceptance to the modified or updated Terms and Conditions and the House Betting Rules.
- 3.2 The terms and conditions set out herein represent the entire agreement and understanding between you and us, where it is expressly agreed that these cannot be varied or amended except as provided for in clause 3.1 above. For the purposes of clarity this expressly excludes any variation or change to these terms and conditions given orally, by chat, SMS, email or other such means, inadvertently or otherwise by our individual customer service staff or other of our representatives.
4. Information and Intellectual Property
- 4.1 The information, material and data provided or made available to you on or generated and/or collected by the Website(s), Services and/or through the Device(s) and/or in any other form including, without limitation, marketing programmes and materials, results, statistics, sporting data and fixture lists, odds and betting figures, text, graphics, video and audio content (the "Information"), belong to www.pokerklas.com and/or the appropriate third party and are for your personal and non-commercial use only.
- 4.2 Save as expressly provided by these Terms and Conditions, you may not in any way or by any means adapt, copy, modify, reproduce, store, distribute, display, publicly perform, include in a cable programme, publish, transmit, sell, rent, lease or license or otherwise make the Information available to any other person, or on another website, online service or bulletin board, or on any other media and/or Device without our express prior written consent or in the case of third party material, without the prior written consent of the owner of the proprietary rights in such material.
- 4.3 The Software, Services and the Information provided on the Website(s) and/or through Device(s) are protected by copyright, trademarks and other forms of intellectual and proprietary rights. All rights, title and interest in and to the Software, Services and Information on the Website(s) are owned by, licensed to and/or controlled by K Soft Works N.V. N.V. . You acknowledge that you do not acquire any rights or interests, or any licences to the Software, Services and the Information through your use of and access to the Software, (other than that expressly provided for under this Agreement (see clause 8.2)), Services and the Information through your use of and access to the Software, Services and Information provided on the Website(s) and/ or through Device(s).
5. Conditions of Use
- 5.1 As a condition of use of the Services, you warrant and undertake that you shall not use or access the Website(s), Services, Software and/or the Information for any purpose that is unlawful under any law that is applicable to you or that is prohibited by and/or in breach of these Terms and Conditions.
Residents of the following countries and their territories shall not be allowed to partake in real play gambling activities and shall be blocked from accessing the Website: the United States of America and related territories, Netherlands, Curacao, France Cyprus, Aruba, Bonaire, St.Maarten, St Eustatius and Saba, Afghanistan, Albania, Algeria, Angola, Cambodia, Ecudaor, Guyana, Hong Kong, Indonesia, Iran, Iraq, Israel, Kuwait, Lao, Myanmar, Namibia, Nicaragua, North Korea, Pakistan, Panama, Papua New Guinea, Philippines, Singapore, South Korea, Sudan, Syria, Taiwan, Uganda, Yemen, Zimbabwe, Singapore.
In particular (and in addition to all other representations and warranties set out in these Terms and Conditions), you warrant, accept and undertake as a condition of use of the Services:
- (i) that you are acting on your own behalf;
- (ii) that you are not restricted by limited legal capacity;
- (iii) that you are not diagnosed or classified as a pathological or compulsive gambler;
We promote gambling as an enjoyable leisure activity and we believe that gambling can only remain this way if you stay in control and gamble responsibly.
However, we know that for some people gambling can stop being a harmless leisure activity and become a problem. Customers experiencing gambling problems and others affected by problem gambling should seek help. Gambling Therapy provide free and confidential advice on matters of problem gambling.
Gambling Therapy offer online support to non-UK residents addicted to gambling and those who show problematic gambling behaviour. Further information can be found at www.gamblingtherapy.org.
- (iv) that you are of the age of (i) 18 or (ii) any such other legal age or age or majority as determined by any laws applicable to you, whichever age is greater ("Legal Age");
- (v) that you are fully aware of the risk of losing money in the course of using the Services;
- (vi) that you are not depositing money originating from criminal or other illegal or unauthorised activities;
- (vii) that you are not conducting criminal or otherwise unlawful or unauthorised activities and/or intending to use your account opened with us in connection with such activities and that you shall not use or allow other persons to use the Services and your betting account for any criminal or otherwise unlawful activities including, without limitation, money laundering, under any law applicable to you or us;
- (viii) to keep your username, account number and password secure, confidential and protected against unauthorised access or use and to ensure to you should change your password immediately or notify us immediately if the confidentiality of your username, password or account number has been compromised in any way;
- (ix) to be solely responsible for any and all activities that occur under the access to and use of the Services on and through the Website(s) and/or Device(s) under your username, account number and password regardless of whether such access and/or use was authorised by or known to you or not;
- (x) not to use the Services, Website(s), Device(s), Software or the Information in any way which interferes or may interfere with the availability of the Services and the Website(s) to other users nor do anything that degrades or may degrade the operational performance of the Services and Website(s);
- (xi) not to solicit or in any manner seek to obtain any information relating to other users;
- (xii) not to upload or distribute any program, file or data that contain viruses, are corrupted or may affect the operational performance of the Device(s), Software, Services and/or Website(s);
- (xiii) that your access to or use of the Services and Information on and through the Website(s) and/or the Device(s) is not illegal or prohibited by laws that are applicable to you or contractual obligations which apply to you personally or to persons in the country from which you are currently accessing the Website(s) or using the Device(s);
- (xiv) not to use any device, robot, spider, software, routine or other method (or anything in the nature of the foregoing) to interfere or attempt to interfere with the proper functioning of the Services, Device(s), Software, Website(s), Information or any transactions offered at the Website(s) and/or through the Device(s);
- (xv) not to post or transmit to the Website(s) and/or to the Device(s) or to any other users, any unlawful, harassing, abusive, threatening, libellous, defamatory, obscene, indecent, inflammatory, racially or ethnically objectionable, pornographic or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law; and
- (xvi) that you are not an officer, director, employee, consultant or agent of K Soft Works N.V. or any affiliate of K Soft Works N.V.;
- (xvii) that you are not a relative of an officer, director, employee, consultant or agent of K Soft Works N.V. or any affiliate of www.pokerklas.com; and
- (xviii) not to interfere with other users' use of the Services, Website(s), Software, Devices and/or Information or initiate and/or engage in surveys, contests, chain letters or post/transmit "junk mail", "spam" or any unsolicited mass dissemination of email.
- (xix) You acknowledge that our random number generator will determine the outcome of the games played on the Website 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 gaming activity.
- (xx) You agree that we or a payment processing K Soft Works N.V. 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.
- (xxi) You accept that you are solely responsible for the supply and maintenance of all of the computer equipment and telecommunications networks and internet access services that you need to use in order to access the Services. 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 Services or to the Website.
- (xxii) You will not commit any acts or display any conduct that damages our reputation or our software provider or any other related service providers.
- (xxiii) All details which you give or have given in the process of registering with for use of the Services are accurate and that you will continue to update such details should there be any changes.
- (xxiv) 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 Betting.
- (xxv) 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;
- (xxvi) 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.
- (xxvii) In opening the Player Account you will not provide any information or make any statement to us which is untrue, false, incorrect or misleading.
- (xxviii)That you are not attempting and will not attempt, to use any techniques designed to hide or mislead as to your true IP or true location.
- (xxix) You are not a Potentially Exposed Person (‘PEP’), defined as someone holding a prominent political position or function, nor do you appear on any international Sanction List or other similar list that would affect our ability to accept your registration and participation in our Services.
6. Registration and Opening Your Betting Account and Membership
- 6.1 In order to play and bet with www.pokerklas.com and to use the Services, you must complete the application for account opening and membership in the manner set out on the Website(s) (the "Membership Application").
- 6.2 You represent and undertake that all information supplied by you when registering and completing the Membership Application is accurate, true and complete in all respects including, your name on the Membership Application ("Name"), sources of funds (including the relevant bank accounts and card numbers) and residential address.
- 6.4 It is also your sole responsibility to ensure that the laws applicable to you do not prohibit you from using and accessing the Website(s) and the Information contained therein, downloading and installing the Software and/or using and participating in the Services.
- 6.5 We require further evidence of identification and age from you to verify your Membership Application (e.g. valid picture identification and debit/credit card) to verify that you are in fact over 18 and to comply with anti-money laundering requirements from the point of first deposit, where failure to provide appropriate documentation within prescribed time frames may lead to freezing your Account. If there is any change to your information details as originally supplied by you, you shall notify us of the relevant change without delay. In order to confirm your Name and address, www.pokerklas.com reserves the right, inter alia, to confirm your Name and address by post. www.pokerklas.com may, at its discretion, undertake additional security checks against any information that you provide. By agreeing to these Terms and Conditions you give consent for www.pokerklas.com to access, use, process and store the results of any identification verification or checks that may be made against you.
- 6.6 We reserve the right to reject your Membership Application without reference to you or assigning any reason whatsoever.
- 6.7 You are allowed to open only one betting account with www.pokerklas.com. Should we discover that you have more than one account with www.pokerklas.com, we reserve the right, at our sole discretion, to treat all accounts that you have with www.pokerklas.com as a single joint account or to terminate this Agreement.
- 6.8 Your username must not contain any offensive or inappropriate words or language. If, at www.pokerklas.com's discretion, your username is considered to be offensive or inappropriate you will be asked by customer services to change it. Should you refuse this request, www.pokerklas.com reserves the right to permanently freeze your Account.
7. Placement of Bets and Bet Acceptance Procedure
- 7.1 We accept bets for games, sporting and other events that are advertised on the Website(s) and/or through the Device(s) from time to time. All such bets are subject to the relevant House Betting Rules applicable to each event or game, and to these Terms and Conditions.
- 7.2 We only accept bets made through the internet using the Devices in compliance with these Terms and Conditions. Bets are not accepted in any other form (whether by post, email, fax or otherwise) and where received will be void regardless of the outcome.
- 7.3 Subject to clauses 7.1, 7.9, 7.10 and 7.12 herein, bets will be validly placed if your username and password have been entered correctly, subject always to there being sufficient available funds in your account.
- 7.4a You are responsible and liable for all activities and transactions that take place through the use of the following (or any combination thereof):
- (i) your name;
- (ii) your account number;
- (iii) your username and password; regardless of whether the use of the foregoing was authorised by you or not.
- 7.4b You should refer to our Responsible Gaming provisions to ensure that underage persons are not allowed and indeed prevented from having access to the above information and /or your debit/credit card details so as to enable them to play for real with us.
- (i) We shall presume that you have complied at all times with the provisions of this clause 7.5 and that all play for real with your account is by yourself and not by a minor.
- (ii) Should you be aware of any such instance of play by a minor with your account, you should report the same to your local police force and obtain a written report from them and case file reference number or equivalent and then forward the same to us where we will report the same to our regulator and deal with the matter in accordance with Gibraltar legislation.
- 7.5 It is your sole responsibility to ensure that the details of your bets are correct. Subject to clauses 7.1, 7.9, 7.10, 7.12 and 7.13 herein, once your bets have been placed and their acceptance confirmed by us, they may not be cancelled, revoked or changed and shall be deemed to be conclusive evidence in respect of the bets that you have placed.
- 7.6 Please note that all bets are logged and recorded in the transaction log database. www.pokerklas.com's transaction logs are conclusive evidence of all transactions and times at which the transactions are placed.
- 7.7 Subject to clauses 7.1, 7.9, 7.10 and 7.12 herein, bets will be deemed valid and accepted by www.pokerklas.com when a transaction ID is displayed on your screen and duly reflected in your transaction history.
- 7.8 No betting is permitted after the commencement of an event and/or where the outcome of an event is known at the time of placement of your bet. Subject to clause 7.1 above, if any event is erroneously left open for betting after the commencement of the event and/or where the outcome of an event is known,Poker Klas reserves the right to decline or void such bets placed without reference to you. Acceptance of any bet or any part thereof shall be at the sole discretion of www.pokerklas.com. For the avoidance of doubt, this clause does not prohibit "in play" or "half time" bets.
- 7.9 Advertised start times of the events displayed on the Website(s) are for information purposes only. If for any reason a bet is inadvertently accepted by www.pokerklas.com after an event or match has commenced, www.pokerklas.com reserves the right to cancel such bet.
- 7.10 Unless stated otherwise within the rules for each sport or event, the result of a match or event will be determined on the day of its conclusion for betting purposes. Any subsequent enquiry that may result in an overturned decision will not be recognised by www.pokerklas.com, and original settlement of bets will stand.
- 7.11 In respect of any bet and the associated transactions therewith, the decision of www.pokerklas.com is final and conclusive.
- 7.12 You acknowledge that our Random Number Generator ("RNG") will determine the shuffling and dealing of cards, the outcome of the Poker Klas games and other randomly generated events that are part of our Services and that you agree to accept such shuffling and dealing of cards and the outcomes of the Poker Klas games and other randomly generated events performed by the RNG, are final and conclusive.
8. Software License & Security
- 8.1 www.pokerklas.com hereby grants to you a personal, non-exclusive, non-transferable and revocable rights to use the Software on your Device(s) (the "License") PROVIDED THAT such use is made through a Device of which you are the primary user.
- 8.2 The Software is licensed and distributed by www.pokerklas.com solely for the purpose of enabling end users of the Software to fully access and utilise the Services.
- 8.3 You are not allowed to:
- (i) sub-license, assign, rent, lease, loan, transfer or copy (except as expressly provided elsewhere in this agreement), your license to use the Software or make or distribute copies of the Software;
- (ii) allow any other person to use the Software;
- (iii) create or provide any means (including, without limitation, via emulators) through which the Software may be used by others;
- (iv) translate, reverse engineer, decompile, disassemble, modify, create derivative works based on, or otherwise modify the Software.
- (v) copy or translate any user documentation provided 'online' or in electronic format, 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;
- (vi) 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 Services or the Website or attempt to make any changes to the Software and/or any features or components thereof.
- 8.7 The software is provided "as is" without any warranties, conditions, undertakings or representations, express or implied, statutory or otherwise. We hereby exclude 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.
- 8.8 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 settlement of accounts or other features or components of the software neither 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, void all bets affected by such error, including the cancellation of all player winnings attributable to such error and take any other action to correct such errors.
- 8.9 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).
- 8.10 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.
- 8.11 We only allow access to the Services through secured networks using encryption of the username and password. You cannot play and bet without passing our customer security login.
- 8.12 You may not use the Services for any commercial use or on behalf of another person. Any use of the Services by you is for own private purposes only.
- 8.13 You will not allow any third party to use your Player Account to use the Online Poker Klas and you will not use any other person's Player Account or means of payment to access the Online Poker Klas or the Website or the Software. It is your responsibility to ensure that you understand the rules and procedures of the games in the Online Poker Klas and your use of online gaming in general before you play any such games.
- 8.14 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 Poker Klas and/or have your account blocked, and we reserve the right to inform the applicable authorities.
- 8.15 NETENT GAMES.
- (i) Absolute Restriction; United States, Canada, United Kingdom, Spain, France and Italy.
- (ii) Blacklisted Territories; NetEnt content shall not be served in the following territories: Afghanistan, Albania, Algeria, Angola, Australia, Cambodia, Czech Republic Ecuador, Guyana, Hong Kong, Indonesia, Iran, Iraq, Israel, Kuwait, Lao, Myanmar, Namibia, Nicaragua, North Korea, Pakistan, Panama, Papua New Guinea, Philippines, Serbia, Singapore, South Korea, Sudan, Syria, Taiwan, Uganda, Yemen, Zimbabwe. Belgium, Bulgaria, Denmark, Estonia, Latvia, Lithuania, Mexico, Portugal, and Romania.
- (iii) Branded Game Territories; Guns & Roses, Jimi Hendrix & Motörhead cannot be offered in the following countries: Afghanistan, Albania, Algeria, Angola, Cambodia, Ecuador, Guyana, Hong Kong, Indonesia, Iran, Iraq, Israel, Kuwait, Lao, Myanmar, Namibia, Nicaragua, North Korea, Pakistan, Panama, Papua New Guinea, Philippines, Singapore, South Korea, Sudan, Syria, Taiwan, Uganda, Yemen, Zimbabwe. Belgium, Bulgaria, Canada, Denmark, Estonia, France, Italy, Latvia, Lithuania Mexico, Portugal, Romania, Spain, United States of America, United Kingdom, Australia, Azerbaijan, China, India, Malaysia, Qatar, Russia, Thailand, Tunisia, Turkey and Ukraine Universal Monsters (Frankenstein, the Bride of Frankenstein, Dracula, The Mummy, The Wolf Man, Creature from the Black Lagoon and The Invisible Man), can only be played in the following countries: Andorra, Armenia, Azerbaijan, Belarus, Bosnia and Herzegovina, Brazil, Georgia, Iceland, Liechtenstein, Moldova, Monaco, Montenegro, Norway, Russia, San Marino, Serbia, Switzerland, Ukraine, Croatia, Macedonia, Turkey, Austria, Bulgaria, Cyprus, Czech Republic, Finland, France, Germany, Greece, Hungary, Ireland, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Peru, Poland, Slovakia, Slovenia, and Sweden.
- (iv) Pooled Jackpot Territories; No pooled jackpots may be played or accessed in the following territories: Australia, Azerbaijan, China, Denmark, India, Israel, Italy, Japan, Malaysia, Qatar, Russia, Spain, Thailand, Tunisia, Turkey, United Arab Emirates and Ukraine.
Due diligence (DD).Company`s customers should be subject to an DD process and record keeping.
Anonymous Accounts. Anonymous or ‘nominal’ account records are not permitted. Any existing anonymous accounts or accounts believed to be ‘nom de plume’ or that have inconsistent identification should be subject to appropriate due diligence to establish the identity and bona fides of the account holder at an early opportunity.
Duplicate/Multiple Accounts. Many customers wish to operate parallel accounts in order to segregate their gambling spend. Notwithstanding this activity, license holders must be able to identify and associate ‘linked’ accounts that may belong or be under the control of the same person.
Politically Exposed Persons (PEP). Company are required to make provision, on a risk sensitive basis, to respond to any attempt to gamble by any qualifying Politically Exposed Persons, i.e. any person holding significant public office (or who has held it at any time in the preceding year), having access to public funds or in a position of influence. PEPs include the readily identifiable family and associates of such persons. A risk based approach should be applied based on the value and scale of gambling and the location of such customer.
While we respect and honor the confidentiality of our clients, we are committed to undertaking thorough due diligence. As part of enhanced due diligence policy, know your client (KYC) policy is based on principles of partnership: if we know and understand our customers, they know and understand us. In case of enhanced due diligence clients could be invited to provide below listed documents to comply with our KYC policy (copy of the passport and utility bill or bank statement). The Company reserves the exclusive right to unilaterally decline any clients' application and/or terminate further provision of services without any statements or explanations to the client in case of breach of KYC policy.
9. Settlement of Transactions
- 9.1 When using a credit or debit card, the cardholder's name must be the same as the Name. www.pokerklas.com reserves the right not to settle a transaction in the event of discrepancies between the cardholder's name and the Name.
- 9.2 You are fully responsible for paying all monies owed to www.pokerklas.com In respect of any payment made by you, you agree that you will not make or procure the making of any charge-backs and/or deny or reverse any such payment, and that you will reimburse www.pokerklas.com for any charge-backs, denials or reversal of payments you make, and any and all losses suffered and expenses incurred by www.pokerklas.com as a consequence. www.pokerklas.com may, at its sole and absolute discretion, cease to provide services or payment to certain users or to users paying with certain credit or debit cards.
- 9.3 Your winnings are exclusive of bet amount and this should be considered when placing your bet.
- 9.4 All your winnings will be credited to your account. www.pokerklas.com shall not in any way be responsible or liable to you for any funds/winnings credited to an account in error, and www.pokerklas.com reserves the right to void any transactions involving such funds, either at the time or retrospectively. Should funds be credited to your account in error it is your responsibility to inform www.pokerklas.com without delay.
- 9.5 Payment of any taxes, fees, charges or levies that may apply to your winnings under any applicable laws shall solely be your responsibility.
- 9.6 Please note that using credit or debit cards that are registered to a K Soft Works N.V. (“corporate card”) rather than to the Player’s name is generally prohibited. By using a corporate card you confirm that you are authorised to use such a card to access our Services. Please note that once we become aware that you are using a corporate card, you will be required to prove that you are authorised to use such card(s) to use our Services. If you are using or wish to use a corporate card, please contact customer support for more information.
10. Funds paid to www.pokerklas.com not held as fiduciary or trustee
- 10.1 As a condition of being allowed from time to time, to place bets for games, sporting and other events that are advertised on the Website(s) and/or through the Device(s) with www.pokerklas.com pursuant to these Terms and Conditions ("transactions") you hereby acknowledge and agree that by entering the Transactions payment of any funds by you to www.pokerklas.com does not create any fiduciary relationship between the parties and in particular such funds are not held by www.pokerklas.com as fiduciary or trustee to you or on your behalf nor does it create any fiduciary obligations of any nature on the part of www.pokerklas.com to you and as such though such funds will not be legally protected in the event of an insolvency event such a payment by you shall create a duty on the part of www.pokerklas.com to account for such money by way of a debt owing from www.pokerklas.com to you and as such www.pokerklas.com will always use best endeavours to ensure that such funds are pay out on request, always subject to, and in accordance with the provisions contained in these Terms and Conditions and www.pokerklas.com's Withdrawal Policy.
11. Dormant Player Accounts & Administration
- 11.1 “Dormant” Player Accounts are defined as Player Accounts which are not accessed by you and used for real money Betting for any consecutive period of 180 days.
- 11.2 Once your Player Account has been deemed Dormant we will be entitled to charge you an administrative fee equivalent to 5% of your total account balance (“Administration Fee”). The minimum deduction amount is EUR15 or currency equivalent and the maximum deduction amount is EUR500 or currency equivalent. We will deduct the Administration Fee from your Player Account balance every thirty (30) days from the moment your account has become dormant. You will be given 30 days written notice by email of the fact that your account is about to become dormant and subjected to Administration Fees.
- 11.3 We will stop deducting the Administration Fee from your Player Account balance if your Player Account is re-activated by you using it for real money Betting.
- 11.4 Once your Player Account reaches zero and/or a negative balance as a result of the deductions of the Administration Fee then your player Account will be closed.
- 11.5 Even if you do not choose to re-activate your Player Account, you may contact customer services at any time requesting to retrieve your balance.
- 11.6 Should your Player Account remain Dormant and not be accessed by you and used for real money Betting for any consecutive period of 180 days from becoming Dormant and where your account also has a balance, we shall continue to contact you with a view to returning any remaining funds. Should this not be possible, then the remaining balance in that Account will be removed at the end of this further period of 1 year in total from becoming Dormant and the Account closed.
- 11.7 Dormant deduction fees will not be reinstated.
- 11.8 Due to data protection legislation, we are unable to confirm to anyone other than the account holders themselves whether our systems hold an account registered to a particular name. If a third party believes that he/she has a legal interest in an account held under a different name (by way of example, in situations of bereavement or incapacity of the account holder), he/she shall be requested to send in his/her ID as well as a court order; power of attorney (or similar) proving the aforementioned legal interest. This document will be reviewed by the www.pokerklas.com legal team and only then can a search for accounts or any reply to the third party be considered.
12. Collection of Winnings
- 12.1 Your winnings from settled bets are credited to your account and shall be withdrawn in accordance with our Withdrawal Policy and upon provision of a copy of valid photographic identification and/or credit/debit card to our satisfaction.
- 12.2 Where your card issuer allows, your winnings may be credited to the credit or debit card account which was used for the original placement of the deposit. A cheque or bank wire will only be issued in the Name, and where a deposit has been made by credit or debit card this must also be the same as the name of the registered cardholder.
- 12.3 If the value of a deposit is not played through in full before a withdrawal is requested, www.pokerklas.com reserves the right to make a charge to your account to cover all reasonable costs relating to both the deposit and withdrawal. If necessary the amount of the withdrawal may be reduced accordingly.
- 12.4 All bank charges that www.pokerklas.com incurs arising from or in connection with any of your betting transactions shall be borne and reimbursed by you and www.pokerklas.com is entitled to deduct and offset the foregoing from the winnings payable to you or from your account as the case may be.
- 12.5 www.pokerklas.com will use its reasonable endeavours to release a player’s funds using their preferred method. However, where necessary to comply with local laws, regulations and to ensure both parties’ security, www.pokerklas.com reserves the right to release a player’s winnings using the most appropriate payment method determined at www.pokerklas.com's absolute discretion.
13. Promotions and Bonuses
- 13.1 All promotions, bonuses or special offers are subject to these General Website Terms and Conditions and any promotion-specific terms and conditions that www.pokerklas.com may introduce from time to time in conjunction therewith, as well as www.pokerklas.com’s General Promotional Terms and Conditions.
- 13.2 If you do not wish to receive any bonuses, please contact a member service representative after you have made your first deposit, but before you start to bet, and request to be excluded from bonuses.
- 14.1 You agree to fully indemnify www.pokerklas.com, its shareholders, employees, officers, directors, licensees, distributors, affiliates, subsidiaries, agents for any loss, damage or claim (including reasonable legal fees) in relation to the foregoing that may be incurred as a result, or in consequence of, your access to the Website(s), betting and/or other use of the Services, Software and/or Information, and/or by reason of any breach of any of these Terms and Conditions and/or the House Betting Rules.
15. Disclaimers and Specific Warnings
- 15.1 Betting is entirely at your sole option, judgement, discretion and risk. By doing so, you acknowledge that you do not find the Services, Website(s) and Information to be offensive, objectionable, unfair or indecent. Some legal jurisdictions have not addressed the legality of online and/or offshore online gambling while others have specifically made online (within the jurisdiction and/or offshore) gambling illegal. We do not intend that anyone should use and access the Website(s), Information and/or the Services where such use or access is illegal. The availability of the Services, Information and the Website(s) should not be construed as an offer, solicitation or invitation by us to use or access the foregoing in any country in which such use or access is illegal. Compliance with any laws applicable to you is entirely your own responsibility and www.pokerklas.com makes no representation whatsoever that the Services, Software, Website(s) or the Information therein comply with any laws applicable to you.
- 15.2 The Services, Software, Website(s) or the Information are provided on an "as is" basis. Save as expressly provided in these Terms and Conditions, www.pokerklas.com makes no representation or warranty of any kind in respect of the Services, Website(s), Software and the Information contained therein. To the maximum extent permitted by law, any representation or warranty, whether express or implied, statutory or otherwise in respect of the Services, Software, Website(s) and Information is hereby excluded. www.pokerklas.com does not warrant that the Services, Software, Website(s) or the Information will be accurate, timely, secure, free of interruptions or errors or external interference of any nature, or that any identified defect will be corrected.Poker Klas does not warrant that the Services, Software, the Website(s), the Information or servers that make them available are free of computer viruses spyware, adware or other malicious, destructive or corrupting code, program, data or macro or any other features that may affect any Device(s) and/or data contained within. You undertake to take your own precautions (at your own expense) to ensure that the processes, measures and/or Device(s) which you employ for using or accessing the Services, installation of the Software and using the Website(s) do not expose you to the risk of computer viruses, spyware, adware or other malicious, destructive or corrupting computer code or other forms of interference or damage to your own computer system, any other Device(s) or data contained within.
- 15.3 In the event of systems, Software or communications errors relating to account settlement, calculation of wagers, bets and winnings, outcome of the wagering event or any other elements of the Service, www.pokerklas.com will not be liable to you as a result of any such errors and www.pokerklas.com reserves the right to void all bets affected by such error, including the cancellation of all player winnings attributable to such error, interference or damage and take any action to correct such errors, damage to your own computer system, any other Device(s) or data contained within. You as a player have a duty to immediately report to us any instance of system, Software or communications error that you may suspect or become aware of, disclosing full details and cooperate fully with us in the investigation of the same in an effort to mitigate further damage to either party.
- 15.4 www.pokerklas.com shall in no event be responsible or liable for any damages, loss or expense, including any interference or damage to your Device(s) or data contained within, in connection with your access to, use of or participation in the Services, Website(s), Software and the Information. www.pokerklas.com further fully disclaims any and all warranties, representations and responsibilities in respect of any aspect of the Services, Website(s), Software and the Information, which may be provided by third parties, including but not limited to broadband service providers and telecommunication providers, and shall not on any account be liable for any default, breach or inaction of such third party partners.
- 15.5 www.pokerklas.com, its affiliates, partners, officers, employees and agents shall in no event be responsible or liable for any damages, loss or expense, including without limitation direct, indirect, consequential or special damage or economic loss arising from or in connection with your access or use of the Services, Website(s), Software and the Information, or your loading, installation or use of the Software regardless of whether www.pokerklas.com has been advised of such a possibility or not. In any event to the maximum extent permitted by law, www.pokerklas.com's total liability to you, if any, for any loss or damage (whether on the basis of contract, tort, strict liability or otherwise) relating to, or arising from, any and all matters, events or circumstances directly pertaining to any bet placed by you with us, shall not exceed the amount of the respective bet placed by you. Nothing in these Terms and Conditions shall exclude or limit www.pokerklas.com’s liability for:
- (i) death or personal injury caused by www.pokerklas.com’s negligence;
- (ii) fraud or fraudulent misrepresentation; or
- (iii) any liability which cannot be excluded or limited under applicable law.
- 15.6 You acknowledge that part or all of the Information may be provisional in nature and may be subject to revision, change or modification, as provided in these Terms and Conditions. You therefore acknowledge that the Information is provided solely for reference and does not constitute advice or solicitation, and is not the subject of, and shall not constitute the basis of any binding representation, warranty, contractual obligation, or reliance on your part of any nature.
- 15.7 You hereby acknowledge and agree that all disclaimers and exclusions of liability contained in these Terms and Conditions represent a fair and reasonable allocation of the risks and benefits of the agreement between you and www.pokerklas.com, taking all relevant factors into consideration, including without limitation the value of the consideration provided by you to www.pokerklas.com. You further agree that these disclaimers and limitations shall be enforceable to the fullest extent permitted by applicable law.
- 15.8 If you have any dispute with regard to the result or of any game, play or event with regards but not limited to: the result, rulings and treatment applied by us, technical or other disruption, etc, you must submit your written complaint to us within fourteen (14) days from the date of the result of any game or event.
16. Reservation of Rights, Termination, Account Closure or Service Suspension
- 16.1 Un addition to other rights available to www.pokerklas.com under this Agreement www.pokerklas.com reserves the right, in its sole discretion, to void any winnings and forfeit any balance in your betting account, to terminate the Agreement and/or to suspend the provision of the Services/deactivate your account if www.pokerklas.com has the reasonable grounds to believe or establishes any of the following:
- (i) you have more than one active account with www.pokerklas.com;
- (ii) the Name does not match the name on the credit or debit card(s) or other payment accounts used to make purchases and deposits with www.pokerklas.com;
- (iii) you participate in a www.pokerklas.com promotion and withdraw before fulfilling the requirements of that particular promotion;
- (iv) you provide incorrect or misleading registration information;
- (v) you have failed or neglected to provide the requested identification information;
- (vi) you are not of Legal Age;
- (vii) you access and participate in the Services from a jurisdiction where participation in the Services is prohibited by law;
- (viii) you are depositing money originating from criminal or other illegal or unauthorised activities;
- (ix) you are found to be cheating or attempting to cheat or to have cheated anyone or any party, or if it is determined by www.pokerklas.com that you have employed or made use of an artificial intelligence or other system (including machines, computers, software or other automated systems) designed specifically to defeat the system or you are found to have colluded or attempted to collude with other players in order to defraud www.pokerklas.com (or other players as the case may be);
- (x) you have allowed or permitted (intentionally or unintentionally) someone else to use your account;
- (xi) you fail to comply with any of these Terms and Conditions;
- (xii) www.pokerklas.com should become aware that you have played at any other online gaming site under any of the circumstances set out at clause 16.1 (i) to (xi) above;
- (xiii) you fail to disclose that you are located in any State of the United States, the District of Columbia or any commonwealth, territory, or other possession of the United States, and/or France, Curacao, Netherlands, United Kingdom, Cyprus and then participate in restricted services;
- (xiv) you have acknowledged that you are, or we reasonably believe you to be, suffering from a problem relating to gambling addiction.
- (xv) you are found, as a result of an account investigation either upon requesting a withdrawal or due to our AML checks, to be a PEP or to appear on a Sanction List or other similar list that in our discretion, would affect our ability to accept your registration and participation in our Services.
- 16.2 If the provision of the Services is suspended and/or your account is deactivated in accordance with clause 14.1 above, the provision of the Services will be only be reinstated and/or your account will be reactivated after the necessary rectification (if capable of being rectified) action has been taken by you and such rectification has been verified to our full satisfaction.
- 16.3 We reserve, at our sole discretion, the right to:
- (i) refuse to register any applicant for registration on the Website
- (ii) refuse to accept any wager;
- (iii) change, suspend, remove, modify or add any game or tournament.
- (iv) 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. We also reserve the right to request information on source of funds.
- (v) In the event of any dispute regarding a wager or winnings, our decision will be final and binding. 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.
- (vi) 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 and to comply with anti money laundering requirements on verification of player identity. 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. If for a continous period of 180 days from our request for this verification documentation, we have still not received the same from you then the funds remaining in your Account will be removed and your Account Closed.
- (viii) In the event that we will suspect fraud or fraudulent activity on your part or any of your payments are charged back or you are unable to provide required documentation to verify your identity and / or age, your account will be frozen where 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. If your Account remains frozen as a consequence of this clause 16.3viii for a continuous period of 180 days then in the absence of: satisfactory explanation or evidence to prove legitimate dealings, funds remaining in your Account will be removed and your Account Closed.
- 16.4 You may close your account at any time of your choosing where we will require confirmation of your request in writing (email, fax, letter but excluding chat or SMS) sent to the contact details listed on our Websites from time to time, where the same will be effected within 48 hours and the balance withdrawable subject to our Withdrawal Policy. You need to specifically inform Customer Services and confirm the same in writing if for any reason you require an immediate account closure.
- 16.5 If you think you need a break from gambling, please contact our support team immediately and ask them to temporarily close your account, specifying for how long you wish for your account to be closed: a seven day cooling off period; a one month cooling off period; a six month self-exclusion period; or longer as per your requirements. You will not be able to log in to your account for the amount of time you specify.
Player complaints are taken very seriously at www.pokerklas.com, and allow us to learn from our mistakes. Depending on where you are resident, there are two distinct complaint procedures available. Please only follow the procedure that matches your residence (as indicated when you registered with www.pokerklas.com).
- 17.1 Making a complaint – First Level
Customer Support Team; If you have a complaint or are experiencing a difficulty with the Service, please first raise your complaint with our Customer Support team. You can contact us 24/7 via online chat, email. Please visit our Contact Us page for further details. If you do not feel that your complaint was dealt with satisfactorily in the first instance, we would ask you to contact us again to take a further look at your complaint, which will again be reviewed by our Customer Support Team.
Alternatively you may submit your complaint with a Master License holder via following email address: firstname.lastname@example.org
18. Links to External Websites
- 18.1 The Website(s) may contain links to external websites outside the Website(s) which are not maintained by www.pokerklas.com. Links to external websites are provided for your convenience only, and www.pokerklas.com is not responsible for and does not undertake to ensure that contents of such links are accurate, current or maintained.
- 18.2 www.pokerklas.com, is not responsible nor liable, has not provided or reviewed, does not approve or endorse, and makes no representations or warranties in respect of the contents or the privacy practices of the external websites, any products or services which may be advertised, sold or otherwise made available on such external websites.
- 18.3 Poker Klas shall not be liable in contract, tort, negligence, or otherwise, for any loss or damage whatsoever arising from or in any way connected with your use of any link to external websites provided on the Website(s).
- 18.4 Unless expressly provided www.pokerklas.com shall under no circumstances be considered to be associated or affiliated with any statement, opinion, trade or service marks, logos, insignias or other devices appearing on external websites, or any products or services which may be advertised, sold or otherwise made available on external websites, or with the operators or owners of external websites or any person who may be related to any external websites in any manner whatsoever.
19. Adding or Discontinuing Games
We reserve the right to, without liability to any party, in our sole discretion and without notice to you, to add new games or functions to the Website(s) or to commence, cease, discontinue, restrict access to or modify any game or function at any time.
20. Violations of these Terms and Conditions
Poker Klas reserves the right to seek all remedies available at law and in equity in respect of any violation of these Terms and Conditions, including the right to deny or restrict access to the Services, Website(s) and Information to any particular person, or to block access from a particular Internet address or through other Device(s) to the Services, Website(s) and Information, at any time and at its sole and absolute discretion, without providing any reasons whatsoever.
- 21.1 The House Betting Rules, where applicable, and any other terms and conditions governing the use of and access to the Services, Software, Information and the Website(s) shall form an integral part of these Terms and Conditions.
- 21.2 In the event that there is any conflict between the provisions of the House Betting Rules and any other terms and conditions governing the use of and access to the Services, Software, Information and the Website(s) and these Terms and Conditions, unless expressly provided otherwise, these Terms and Conditions shall prevail.
22. Force Majeure
If www.pokerklas.com fails or is in delay with the performance of any obligation under these Terms and Conditions due to the occurrence of events of whatever nature which are beyond www.pokerklas.com's control, including, but not limited to: an Act of God, changes in applicable laws or regulations, action or inaction of governmental, civil or military authority, court orders, act of terrorism, lightning or fire, strike, lockout or other labour dispute, flood, draught, war, riot, theft, transmission or system failures, failure or interruption in the provision of telecommunications or broadband services, failure or shortage of power supplies or equipment, inclement weather, earthquake and natural disasters, such failure or delay does not constitute a breach of these Terms and Conditions. You agree to take all necessary action to minimise the consequences of any such cause.
Failure by www.pokerklas.com to enforce at any time any of the provisions hereof shall not be construed or deemed to be a waiver of www.pokerklas.com's rights hereunder or in any way affect the validity of the whole or any part of these Terms and Conditions, or prejudice www.pokerklas.com's rights to take further action.
K Soft Works N.V.
Wilhelminalaan 13, Curacao 142090
Poker Klas Complaints: email@example.com
License Complaints: firstname.lastname@example.org