Terms & Conditions
These Terms and Conditions (“T&Cs” or “Agreement”) constitute and govern the contractual relationship between the parties, Quasar Limited (a company duly registered under the laws of Malta on the 9th August 2010 with registration number C50401, with its registered address at 202/19, Suite 1395, Old Bakery Street, Valletta VLT 1453, Malta and licensed in Malta to provide gaming services under Licence No. MGA/CL1/678/2010, issued on the 9th of September 2011 and MGA/CL1/1240/2016 issued on the 9th December 2016 issued by the Malta Gaming Authority in Malta) hereinafter referred to as “OVO” or “OVO Casino”; and you, as the user, hereinafter referred to as “Player” or “You”.
Casino games offered on this website are covered by Class 1 licenses issued by the Malta Gaming Authority under the Remote Gaming Regulations of 2004 (Legal Notice 176). A number of these games are provided by the gaming platform of Greentube Malta Ltd holding a Class 4 license ref: MGA/CL4/539/2008 issued by the Malta Gaming Authority in Malta. A number of other casino games are provided by the gaming platform of NetEnt Malta Limited holding a Class 4 licence ref: MGA/CL4/184/2004 issued by the Malta Gaming Authority.
These T&Cs are composed of the following main sections:
FINANCIAL ISSUES & PAYMENTS
DISCLAIMER & LIMITATION OF LIABILITY
1. Use of the Internet site, www.ovocasino.com and the information, materials and links in it, is solely upon the T&Cs set out below (Version no 4), which constitute the entire agreement between the Player and OVO Casino for the use of the Internet site and the participation in the Games.
2. These Terms & Conditions shall immediately become effective as from the date when the Player registers his Account with OVO. These Terms & Conditions shall be the official source of reference for any complication/dispute related to the use of the Internet site, our Service or Software. All Games played on OVO’s Internet site are duly subject to the rules as specified in this document.
3. The Player must read the T&Cs before making use of the Internet site. Mere use of Internet site and/or opening of an Account with OVO Casino is an acknowledgement that the Player has read, understood and agrees to be bound by the T&Cs.
4. OVO Casino hereby reserves the right to suspend, add, end, amend and/or supplement these T&Cs from time to time as it may deem appropriate. In case of modification of these T&Cs, on logging into his Account with OVO, a pop-up box will inform the Player that the T&Cs have been updated. The Player shall be requested to agree with the updated T&Cs. Any such changes shall be deemed effective as soon as the Player accepts them.
6. Should there be any discrepancy between the T&Cs in the English language version and the version in any other language, the English version will prevail.
The following words and terms should be interpreted as follows, unless, the context clearly implies otherwise.
7. “Application Form” shall mean the form to be filled in by the Player to open an Account.
8. “Game(s)” refers to any gaming activity presented by OVO Casino on its Internet site for the benefit of Players and as approved by the Regulatory Authority.
9. “Internet site” shall mean the Internet site www.OvoCasino.com and all other sites connected to it and accessible through links or other access paths.
10. “Login and Password” shall mean the login and password details that are chosen by a Player upon registering with OVO;
11. “Regulatory Authority” is the Malta Gaming Authority in Malta (MGA) (Suite 1, Level 3, TG Complex, Brewery Street, Mriehel, Birkirkara BKR 3000, Malta, http://www.mga.org.mt), which is the main regulator of remote gaming operations.
12. “Service” shall include OVO’s online gaming system, as well as all services and game offer activities related to it and listed on www.OvoCasino.com including but not limited to online casino.
13. “Software” shall mean the software licensed by Us including all programs and databases and any other derived content, requiring download, whether accessible or otherwise used by You through the Internet site and allowing You to participate in the Games.
14. “Us” or “We” shall mean Quasar Limited.
15. “Account” shall mean a personal account opened by an individual and maintained by OVO Casino as to allow this person to play the Games.
16. “You” or “Player” shall mean the user of the Service and of the OVO Casino software downloaded from its Internet site and having a contractual relationship with OVO.
18. To be able to play on OVO’s Internet site, You must personally open an Account. Upon opening an Account, the Player will be requested to choose Login and Password details that will be required to access the Account. The Player is responsible for ensuring that said Login and Password details are kept secret.
19. OVO Casino reserves the right to refuse the opening of an Account or to close an Account in its sole discretion. Where an Account is refused or closed, any contractual obligations already made will still be honoured. Furthermore, OVO Casino reserves the right to refuse and/or limit bets placed by You.
20. The processing and opening of an Account is only granted to full-aged individuals of at least 18 years, or the respective minimum age according to the corresponding national legislation. Any use of the Internet site by minors shall be reported to the Police.
21. The processing and opening of an Account is further prohibited to residents of the USA as well as residents of any other country wherein laws prohibit the said Accounts. It is the Players’ responsibility to know whether the processing and opening of an Account is allowed within their jurisdiction.
REGISTRATION & PLAYER’S IDENTITY
22. The Player must fill in the Application Form provided by OVO Casino which shall at least include the following details:
• that the Player is over eighteen years of age;
• the Player’s identity (accompanied by proof of identity such as copy of identity card, passport or driving license);
• the Player’s place of residence (accompanied by proof of residence such as a copy of a recent utility bill or a bank statement)
• the Player’s valid e-mail address.
23. It is the Player’s responsibility to immediately provide OVO Casino with updated information to any information/documentation provided on the Player.
24. No person under 18 years of age may be registered as a Player.
LAW APPLICABLE TO PLAYERS
25. Players understand and accept that OVO Casino is unable to provide them with any legal advice or assurances and that it is their sole responsibility to ensure that at all times they comply with the laws that govern them and that they have the complete legal right to play the Games. Any participation in the Games and use of the Internet site is at their sole option, discretion and risk. By playing the Games, they acknowledge that they do not find the Games or Services to be offensive, objectionable, unfair, or indecent in any way.
PLAYER SCREEN NAMES
26. OVO Casino reserves the right to deny or retract, for whatever reason deemed necessary by OVO, any or all Player screen names, whether before, during and after these names have been issued or validated. In the event that a Player’s Account is otherwise in order according to these T&Cs, OVO Casino will give the Player the opportunity to create a new screen name.
27. The Player is advised to choose a strong and non-predictable Password for security.
28. It is the Player’s responsibility to ensure they keep their Login and Password details confidential and any action taken using the Player’s Login and Password details will be regarded as valid, irrespective of who participates in the Game. In the event that there is concern that the secrecy of such details is no longer the case, the Player should notify OVO Casino immediately whereupon new details may be forwarded and any future transactions under the previous details would be considered void.
29. OVO Casino is in no way responsible for the eventual access to a Player Account by a third person and will not be held responsible for any eventual loss suffered due to the illicit use of a Player’s Login and Password by a third person, of unauthorized access, and/or for any transaction in which the Player’s Login and Password were registered correctly.
30. OVO Casino is in no way responsible if the Player forgets, misplaces, or loses his/her Login and Password details, except as a result of an error on the part of OVO. OVO Casino shall not at any time during its relationship with the Player be responsible to store Login and Password details of the Player.
PROHIBITION FOR EMPLOYEES
31. No employees, executives, managers, directors, consultants, or agents in our branches or affiliated companies, or any of our providers or sellers, can participate in any Games during their term of employment and/or engagement. OVO Casino employees, or anyone else having access to inside information (for example: complete hand histories, playing histories, money transaction histories, and similar) are not allowed to use the Services of the Internet site. This is in order to prevent any potential abuse of inside information. To this end no officers, directors, employees, consultants or any other persons conducting business or engaged with OVO Casino shall be allowed to open an Account with OVO Casino during their term of engagement. Proof of such attempts shall result in steps being taken by OVO. These shall have repercussions upon the contract existing between the employee or other officer and OVO.
32. No OVO Casino relatives (in this clause, the term “relatives” means spouse, partner, parents, children or siblings of the people mentioned in clause 29) or employees, executives, managers, directors, consultants, or agents in our branches or affiliated companies, or any of our providers or sellers, are allowed to play the Games on the Internet site or are authorised to use the Service directly or indirectly. Nevertheless, this shall not apply where relatives are expressly allowed to play on the OVO Casino Internet site by means of written authorisation by OVO.
33. If clauses 31 and/or 32 are breached, OVO Casino reserves the right to close the said Account immediately and to cancel payment on any gain. This shall take place without any prejudice to the rights that OVO Casino has against the breaching person in terms of the employment or any other contract between the parties.
34. OVO Casino reserves the right to verify the financial solvency of any of the Players, through the information furnished during registration and through third parties. In the event that such a Player’s insolvency is verified, then OVO Casino shall have the right to close the Account and prohibit the Player from opening another Account with the same OVO Casino Internet site or the site of any of its corporate affiliates.
35. Each Player is allowed to open only one Account in one’s own name. Use of more than one Account per physical Player is known as “multi-accounting” and as such is strictly forbidden. OVO Casino retains the right to close an Account at any time and to cancel all the transactions pertaining to any Player that has registered more than one Account in his own name or under different names, in the event that OVO Casino has the reason to suspect that the registration of said multiple Accounts has been undertaken with the intent of defrauding or cheating. OVO Casino reserves the right to block regular or tournament play and/or prize distribution should any evidence of multi-accounting arise. This behaviour shall be officially treated as collusion.
MISUSE OF ACCOUNTS
36. Funds deposited must be utilised for the stake on Games and any suspicious activity on an Account could lead OVO Casino to report the Player to the relevant authorities, freeze the funds and even close the Account.
37. In the event of misuse and/or the abuse of promotions and/or of any offers from OVO, OVO Casino reserves the right to close or block the Account(s) of the Player in question until the matter between OVO Casino and the Player is resolved.
CLOSING OF ACCOUNTS
38. The Player acknowledges that the closure of an Account shall automatically imply the termination of this Agreement and vice versa.
39. Any Player is entitled to close his Account and terminate this Agreement at any time by sending an email to support@OvoCasino.com and OVO Casino will respond within a reasonable time, provided that the Player shall be responsible for activity on his Account until such closure has been effected by OVO Casino and that the Player has are no outstanding balances with OVO.
40. OVO Casino is entitled to terminate this Agreement immediately on notice (or attempted notice) to the Player at the email address that was provided to OVO. Where OVO Casino has terminated a Player’s Account as a result of a failed security review, any Account balances in the Player Account are non-refundable and deemed forfeited.
41. In the event of cancellation of a Player’s Account, the Player shall be permitted to withdraw any balances exceeding withdrawal fees.
42. All payments shall take place within 48 hours following the Player’s request.
43. The fees established for unconventional withdrawals such as Neteller, Click2Pay, MoneyBookers or Yandex, will be charged directly into the Account. These fees can be dependent on factors such as the currency used in the Account or the Player’s place of residence.
44. Cancellation of the Agreement and closure of the Account only become effective after You have received a notification in writing from OVO Casino confirming such cancellation. From that moment, You will no longer be authorized to use the Service and the Software or to participate in the Games. You are under the obligation to erase the Software from your computer and to destroy all documentation relating to the Service and/or to the Software under Your possession, in Your power or under Your control.
45. The cancellation of this Agreement shall not be a cause of prejudice to any other right or engagement of either party in regards to any violation stated herein or any other violation.
46. All existing obligations between the parties to this Agreement will be null and void after the cancellation of this Agreement, and for whatever reason, except if provided otherwise, under the reserved rights and obligations accepted prior to the cancellation.
47. If a Player Account remains inactive (i.e.: when no login is performed at OVO’s Internet site) for a period of more than 12 months, OVO Casino is entitled to charge a monthly Account maintenance fee of €5, starting on the 13th month of inactivity. Following 12 months of uninterrupted inactivity, OVO Casino will send a reminder mail to the Player via the e-mail address saved in his/her Account details. Upon receipt of this reminder mail, the Player will have 30 days to log into his/her Player Account. If no login is registered within this 30-day period, €5 of real money credit or bonus money credit will be deducted from the balance. If the Player logs in within the 30-day period, no charge will be incurred. If the Account remains inactive after 13 consecutive months, the Player will be sent a reminder mail every month and a monthly charge of €5 will be incurred and deducted from the real money credit or bonus money credit of the Player Account accordingly. Where an Account has been classified as inactive, the Player retains the possibility of logging into his Account and withdrawing all funds remaining in that Account through the available payout methods outlined in these General Terms and Conditions.
48. If the Player Account remains inactive for more than 12 months and the Account balance is €0, no further charge will be incurred. In this case, OVO Casino is entitled to delete the Player Account.
49. The inactivity fee will be incurred on a monthly basis until the next login is performed at the Internet site. If there is no real/bonus money credit in the Player Account, no inactivity fee will be charged.
50. The Player is allowed to request reimbursement of any inactive Account fees paid. However reimbursement will only be granted if the Player can provide adequate proof of one of the following instances
• when the Player could not access his Account due to lack of internet connectivity;
• when the Player could not access his Account due to health related impediments;
• when the Player could not access his Account due to sincere and genuine reasons;
• when the Player activates the Account after all real money or bonus money balance is set to €0 because of having incurred inactive Account fees, as long as such activation is done by not later than three (3) months from when the last fee was incurred. In such a case OVO Casino will pay a maximum of up to six(6) months inactive Account fees;
• And in any other situation whereby either the MGA or OVO Casino deems the Player’s request to be justified.
51. If the Player remains inactive for any period of thirty calendar months, it will be closed. The balance on the Account, if any, shall be remitted to the Player, or if the Player cannot be satisfactorily located, to the Regulatory Authority. Provided that no claim shall lie against OVO Casino after it has remitted the balance in a Player Account to the Regulatory Authority.
52. OVO Casino is not a financial institution and should not be treated as such by Players. OVO Casino Player Account does not accrue interest.
53. All payments to and from an Account must be paid in the currencies available on the Internet site from time to time and all payments into the Account must be from a payment source on which Player is the named account holder.
LIST OF ACCOUNTS
54. OVO Casino shall, at all times, keep a secure list of all registered Players and shall ensure the security of all Accounts.
55. It is the Player’s responsibility to ensure that their records with OVO Casino are kept up to date, especially address, telephone number and payment/bank details.
MARKETING AND PROMOTION
56. In the event that a Player wins an amount equal to three thousand Euro (€3,000) or more, through the use of the Software or the Service, the Player may be asked to grant permission, the rights and authorization to OVO Casino to use the Player’s name, photograph, and/or portrait in all media as part of OVO’s marketing and promotional needs, and for its Internet site(s), however, to do so will be at the Player’s discretion.
57. OVO Casino endeavours to provide a high quality service to its Players at all times. However, Players may for various reasons feel that they are not satisfied with the level and/or quality of service and may wish to file a complaint. Players may address their complaints via email on firstname.lastname@example.org. OVO Casino will do its utmost to resolve a reported complaint at the earliest. If the support team cannot resolve the complaint they will escalate it to management for solution. In any case the Player will receive a response to their complaint within a period of 10 working days.
58. Should the Player not be satisfied with the resolution of such complaint by OVO, a further complaint may be addressed to the Malta Gaming Authority (Building SCM 02-03, Level 4,SmartCity Malta, Ricasoli SCM1001,Malta) (www.mga.org.mt) or via email to email@example.com.
59. In terms of Regulation No 524/2013 of the European Parliament and of the council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR), players are also advised that they are able to file an electronic complaint, free of charge, on the Online Dispute Resolution Portal accessible via the following link. This Online Dispute Resolution platform has been set up in order to settle disputes between the company and player out-of-court.
60. OVO Casino is in no way responsible for the investigation or the initiation of a complaint made by a Player against another Player for any reason, including but not limited to, the conditions in this Agreement. OVO Casino in its sole discretion can decide to act against any person suspected of illicit actions or of wanting to violate the conditions of this Agreement.
61. In order to optimize the quality of our services, your calls to our Customer Service can be recorded.
FINANCIAL ISSUES & PAYMENTS
62. Bonus credits can be placed into an Account as part of a marketing campaign. These credits cannot be withdrawn or paid out but they must be used for the playing of Games.
63. The Player acknowledges that bonus schemes and other marketing campaigns may be subject to certain additional terms and conditions. For this purpose, the Player must ensure that s/he reads the Bonus Terms and Conditions attached to each scheme prior to participating in any bonus scheme or campaign.
PAYMENTS BY PLAYERS
64. OVO Casino shall not accept cash from a Player and funds may be received from the Player only by any of the following methods-
i. credit cards
ii. debit cards;
iii. electronic transfer;
iv. wire transfer;
65. A ‘Know Your Client’ (KYC) procedure will be carried out when a Player deposits money into his Account. OVO Casino reserves the right to request an image of both sides of the credit card used to deposit at any time and at its own discretion.
66. Money deposited in an Account shall be available for use in the Player’s Account within twenty four hours from receipt of money (or earlier where possible). The twenty four-hour time frame specifically excludes the time that the bank or the payment solutions offered by OVO Casino undertake to process the transfer. The time until a deposit is credited onto the OVO’s account depends on the payment method chosen.
67. The minimum acceptable deposit amount is €10. OVO Casino reserves the right to amend the limit or arrange for additional and repeated examinations on deposits at its sole discretion.
68. The Player may request a payout from the existing balance in his Account at any time and any expense related to withdrawal requests shall be charged to the receiver. Notwithstanding this, in the event that the value of the withdrawal request exceeds EUR 100,000, the Company reserves the right to honour said request in withdrawal installments of EUR 50,000 per week. Provided that this right shall not be exercised in cases where the winnings seeking to be withdrawn are winnings earned from a pooled jackpot game.
69. OVO Casino will process withdrawal requests immediately. OVO Casino maintains a target of forty-eight (48) hours for the processing of payouts but does not hold itself liable for a specific period of time in this regard.
70. Withdrawals from an Account can only be addressed strictly to the person registered on the Account and as per the conditions specified on the Internet site. Payouts shall be made through the same route from which the funds originated with the exception of those cases where the payment solutions used by the Player do not offer redirection of payouts to the same route, in such cases OVO Casino reserves the right to effect payouts via Bank Transfer. In the eventuality that payouts cannot be made through the same route, OVO Casino shall only effect payment upon verification of player ownership of the destination of funds.
71. OVO Casino reserves the right, at its sole discretion, to render invalid a payout request, if such payout is subject to the provision of due diligence documents in accordance with any applicable law or an information required by OVO, and the player has not provided such documentation and/or information within three (3) days from the original payout request. In the event of such occurring the player shall be required to lodge a new payout request, subject to the provision of required documentation and/or information.
72. Notwithstanding the provisions in section 68, funds deposited into the player account should be used at least once as a stake within the games and/or tournaments before they can be paid out.
73. In any case, OVO Casino shall not make payments in excess of two thousand three hundred Euro (€2,300) calculated cumulatively out of an Account to a Player until the Player’s identity, age and place of residence have been verified.
74. Winnings will be credited to the Account following confirmation of the final result.
75. Should funds be credited to a Player’s Account in error, it is the Player’s responsibility to notify OVO Casino of the error without delay. Any winnings subsequent to the error and prior to the notification of OVO, provided they are linked to such error, shall be deemed invalid and returned to OVO.
CHANGES TO ACCOUNT BALANCE BY THIRD PARTIES
76. OVO Casino cannot be held liable for changes to a Player’s Account balance due to someone else playing or executing an IAT (inter-Account transfer) using that Player’s Login and Password details.
77. Players may only use their own credit / debit card in their own Account.
FINANCIAL INFORMATION / DOCUMENTS
78. OVO Casino hereby ensures the security of all financial information on the Player and financial documents whether relating in/directly to the transactions effected between the Player and OVO Casino or between OVO Casino and the relevant tax authorities.
PROOF OF PAYMENTS
79. The Player acknowledges that OVO Casino reserves the right to request proof of payments to Accounts for all alternative payments, at any moment. OVO Casino reserves the right to request Players’ bank account numbers at any time.
80. The registration and establishment of an Account are free of charge.
81. For each reminder relating to a payment return the company shall charge a fee of €4.
82. Costs incurred for return or unintentional payments (e.g. due to the provision of an inaccurate Account number or insufficient funds on the Account) that are within the Player’s responsibility are borne by the Player. OVO’s right to claim further damages from the Player (such as legal fees or fees of a collecting agency) are not affected. OVO Casino is entitled to recuperate such costs from the Player’s Account and to instruct a collecting agency to collect money due from the Player at the Player’s cost.
FINANCIAL PROTECTION OF PLAYERS
83. The Player may by written notice or electronic notice to OVO:
i. set a limit on the amount the Player may wager within a specified period of time;
ii. set a limit on the losses the Player may incur within a specified period of time;
iii. set a limit on the amount of time the Player may play in any one session;
iv. exclude the Player from playing for a definite or indefinite period of time.
84. A Player who has set a limit or exclusion may change or revoke the limit or exclusion by written notice or electronic notice given to OVO.
85. A notice increasing or revoking a limit or decreasing the exclusion has effect only after seven days after OVO Casino has received the notice.
86. A notice reducing a limit or increasing the exclusion has effect immediately after it is received by OVO.
87. OVO Casino shall not accept a wager from a Player contrary to a limit or exclusion set by the Player under this regulation.
ANTI-MONEY LAUNDERING POLICY
88. With respect to money laundering regulations, OVO Casino has the right to demand any further information from the Player as it may deem appropriate. If OVO Casino at any moment in time suspects that there may have been any money laundering or other suspicious transaction it will immediately report the matter to the relevant authorities.
89. As soon as the Player opens an Account with OVO, then the Player is agreeing to abide by all the rules and regulations relating to Anti-Money Laundering that are in place in Malta and throughout the EU. In short, the Player binds himself not to use funds that are, in any way whatsoever, the proceeds of crime and not to use OVO’s Services in any way directly or indirectly associated with money laundering. All transactions effected by Players are checked for the purposes of preventing money laundering.
90. If the Player does not respect these rules and regulations then OVO Casino may suspend the Player’s Account pending investigation.
91. OVO Casino shall have a right to take any measures and adopt any procedures to obtain the verification of identity or a Player. If such evidence is not obtained, or where OVO Casino knows or suspects that the transaction may be related to money laundering or the funding of terrorism, OVO Casino shall not proceed with such transaction and shall have the right to close such Player’s Account and shall have the right to disclose details of such transaction to the Financial Intelligence Analysis Unit in Malta.
92. Players are prohibited from selling, transferring and/or acquiring Accounts to or from other Players. It is also forbidden for Players to transfer funds amongst Accounts.
SOFTWARE RULES – ARTIFICIAL INTELLIGENCE
93. The use of artificial intelligence including, without limitation, “robots” is strictly forbidden in connection with the Software and the Games. OVO Casino is committed to detecting and preventing software programs which are designed to enable artificial intelligence (“AI Software”) to play on OVO Casino Services such as, but not limited to opponent-profiling, player collusion, cheating software or anything else that We deem enables You to have an unfair advantage over other Players. All actions taken in relation to the Games by a Player must be executed personally by Players through the user interface accessible by use of the Software. The Player acknowledges that OVO Casino 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 Player agrees not to use any AI Software and/or any such programs.
PLAYER COMPETITIONS AND PROMOTIONS
94. Parts of the Internet site may from time to time contain competitions, promotions, tournaments or similar and related activities offered by OVO Casino or by third parties. Any specific additional terms and conditions for participation in any such competitions, promotions, tournaments or similar and related activities will be specified on the relevant part of the Internet site from time to time (“Terms of Participation”). By entering or participating in the relevant competitions, promotions, tournaments or similar and related activities, Player agrees to be bound by those Terms of Participation in addition to these Terms and Conditions and in the event of any conflict or inconsistency, the Terms of Participation will prevail. OVO Casino specifically retains the rights, at any time and without notice, to remove, alter or add to competitions, promotions, tournaments or similar and related activities on the Internet site without liability to Player.
ABUSE OF PROMOTIONS
95. The Player binds himself not to abuse the ability of opening Accounts in order to benefit from bonus credits and other promotional offers that OVO Casino may offer (use of 100%, 20% of initial deposits, or use of certificates and promotional codes). OVO Casino reserves the right, in case of abusive behaviour on the Player’s part as related to bonus credits and/or to promotional offers by OVO, in its sole discretion, to rescind or block Accounts created to that end, as well as their transactions.
96. Bonuses are intended to be enjoyed as an extension to Player’s experience, and should be enjoyed as such. OVO Casino reserves the right to review any guest Account to ensure game play is within these generally accepted guidelines. Those found to be abusing bonuses will be welcome to continue playing, but will not be eligible for bonuses and/or winnings derived of.
97. OVO Casino Management reserves the right to revoke and/or cancel any Tournament, Bonus, and/or Promotional winnings which are deemed to be abuse and/or misuse of any promotional system. In the event of any dispute, Players accept that OVO Casino Management’s decision is final.
98. OVO Casino reserves the right to cancel any tournament or game, whether before the start of the tournament or game or during the continuance of such event.
99. If a tournament/game is cancelled before the actual start of that tournament/game is officially announced on the OVO Casino Internet site, the Player’s buy in and entry fee will be refunded to the Account and the Player will be returned to his former status.
100. If a tournament/game is cancelled after the starting time of that tournament/game but before the outcome is decided, (e.g.: due to a technical failure or due to any other foreseen/unforeseen circumstances), whether or not within the control of OVO, OVO Casino shall not be in any way whatsoever responsible for such cancellation. In such case, the following provisions shall apply:
1. the Players who were already disqualified before cancellation will lose their buy-in and entry fees;
2. the Players who at the end of the last hand are still within the tournament shall be paid out as follows:
1. If the Players are in the prize money, each Player shall receive the next prize, wherein the remainder shall be distributed according to the chip count.
2. If the Players shall not as yet be in the prize money, 50% of the reminder is split evenly, 50% distributed according to the chip count.
101. In the case where a Player is registered for a tournament by using a voucher, the voucher will be renewed either in case the tournament was cancelled before the official opening of the tournament or if the tournament was cancelled before the Players are the prize money. As soon as all the Players are in the prize money, the voucher is considered as having been validated and thereafter void.
102. OVO Casino will not consider any claims or disputes on Games to be valid unless said Games are directly registered in the OVO Casino database files or records.
103. OVO Casino has a zero tolerance policy towards inappropriate play and fraudulent activity. If, in OVO’s sole determination, the Player is found to have cheated or attempted to defraud OVO Casino including use of stolen credit cards, or any other fraudulent activity (including any chargeback or other reversal of a payment) or prohibited transaction (including money laundering), OVO Casino reserves the right to suspend and/or close the Player’s Account and to share this information (together with his identity) to other online gaming websites, banks, credit card companies, and appropriate agencies.
RESULTS OF GAMES
104. Once Games have finished, their result cannot be changed nor cancelled. OVO Casino retains the right to accept, not to accept or to partially accept Games results.
105. The printout of a Game that has been played is not considered to be a receipt of the winnings. A Game shall be considered as having been won if it is listed on the Player’s Games list or on the OVO Casino game server(s).
CONFLICT IN RESULTS
106. In case of conflict between the result posted on the Software and the result exposed in our Server, the result posted in our Server shall take precedence. You understand and accept that the settlement of any conflict between the Player and OVO Casino will be determined based on the records kept by OVO. You also agree to the use of the Software RNG (RNG: Random Number Generator) which has the role of providing game servers with an adequate quantity of random numbers for the Games.
SPECIFIC GAMING RULES
107. Specific Game rules can be found within the respective game feature in the Casino Lobby.
108. The Player shall also be eligible to win free spins during a game. For the avoidance of any doubt, the Player hereby understands and accepts that the paytable during such free games may vary from the paytable for real money or bonus money games. Thus, the Player shall be responsible to ascertain applicable paytable for the relevant round.
109. OVO Casino prohibits game play on its jackpot game offerings, namely Arabian Nights, Hall of Gods and Mega Fortune from, including but not limited to, the following jurisdictions and/or territories; North Korea, South Korea, Iran, Algeria, Ecuador, Indonesia, Myanmar, Afghanistan, Albania, Angola, Cambodia, Guyana, Iraq, Kuwait, Lao, Namibia, Nicaragua, Pakistan, Panama, Papua New Guinea, Sudan, Syria, Uganda, Yemen, Zimbabwe, Israel, Hong Kong, Philippines, Taiwan, Indonesia, Singapore, Canada, Australia, Azerbaijan, China, Denmark, India, Israel, Italy, Japan, Malaysia, Qatar, Russia, Spain, Thailand, Tunisia, Turkey, and Ukraine. Players are not permitted to use proxies and/or any other form of software programme or tools for hiding their true location or to circumvent mechanisms put in place by OVO Casino to limit access to games. If OVO Casino discovers that a Player has circumvented these mechanisms and violated these Terms and Conditions, OVO Casino is permitted to block the respective Account and withhold any winnings.
110. By playing on the OVO Casino Internet site you are being granted a personal non-exclusive, non-transferable licence to use the Software, in order to play the Games, according to these Terms & Conditions and including the clauses in this section.
111. The Player may install and use the computer programs OVO Casino makes available (“Software”) on a hard disk or other storage device and make backup copies of the Software, provided that such use and backup copying is only for the Player’s own personal use for participating in the Games in accordance with this Agreement, and further, that such installation and use is made through a computer of which the Player is the primary User. The Software’s structure, organisation and code are the valuable trade secrets of the Company and/or its group of Companies and/or its licensors. The Player obtains no rights to the Software except to use it in accordance with this Agreement. Save as expressly permitted by law, the Player is strictly prohibited from, and agrees not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software or any part of it or to create, publish or distribute derivative works from the Software. The Player agrees that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by any applicable laws, restrictions or regulations.
112. OVO Casino grants only a personal right to the Players to use the Software and the Service is a right that is bestowed personally on the Players in order to play the Games on the Internet. This right is given to the Players for a personal and not a commercial purpose. Any complaints relating to activity on Your Account by a third party will not be accepted by OVO Casino since it is prohibited to enable a third party to play with a Player’s Account. It is the Player’s responsibility to inform OVO Casino immediately if the Player suspects that his Account is being used by a third person, so that OVO Casino may inspect and verify that Account.
113. By playing on this Internet site the Player is acknowledging that in playing games of luck through the use of the Service and/or the Software the Player is under the risk of losing money. It is the Player’s sole responsibility to assume the losses suffered through the Player’s Account.
114. The Player shall not commit any act or adopt any kind of behaviour that could damage OVO’s reputation, and the Player acknowledges that the use of the Service and/or the Software is at his sole discretion and risk.
115. The Player certifies that the funds used by the Player to play the Games in this Internet site through the use of the Service or the Software are not from any illegal source. By playing on OVO Casino the Player is declaring that he shall in no way use the Service or the Software with the purpose of transferring such funds from illegal sources. The Player will not use the Service and or the Software for any illicit or fraudulent activity, or for any unlawful or fraudulent transaction (including money laundering), in accordance to the laws of all the jurisdictions having authority over the Player. OVO Casino reserves the right to discontinue or block the Account(s) of the Player, at any time, and until the matter has been resolved, if OVO Casino has the slightest doubt as to the legality of the source of funds used by the Player to play the Games.
116. The Player declares that he will not violate or attempt to violate or misconstrue in any way OVO’s security measures. If OVO Casino has the slightest doubt in respect of this clause, OVO Casino reserves the right to suspend or block the Player’s Account immediately. The amount in question will not be credited to the Player’s Account. The Player will be denied access to all other Internet sites, Services and Software offered by the same corporation.
TRUE RANDOM NUMBER GENERATOR
117. The Player accepts and agrees that the true random number generator (“RNG”) determines the outcome of every Game.
118. In the event of any kind of software interruption due to any type of problem, OVO Casino reserves the exclusive right of requesting a screenshot.
119. Objections or complaints concerning the operation of Games have to be presented before the starting of the game that is subject to said objections or complaints.
120. The Player is hereby acknowledging and accepting that any complaint or contest made by the Player more than seven (7) days after the date of the finalisation of the transaction which is the subject of the complaint in question will not be taken into account, and will have no value.
DISCLAIMER & LIMITATION OF LIABILITY
USE OF THE INTERNET SITE
121. OVO Casino shall in no event, nor under any circumstances, be liable for any damages or losses that are deemed or alleged to have resulted from or caused by its Internet site or its content, including, without limitation, delays or interruptions in operation or transmission, communications lines failure, any person’s use or misuse of the Internet site or its content, or any errors or omissions in content.
122. OVO Casino makes every effort to maintain the accuracy of the information on this Internet site but cannot accept responsibility for any prejudice, loss or damage which may occur from use of the information.
123. No responsibility is being acknowledged or accepted hereunder for, inter alia, the following matters:
i. Mistake(s), misprint(s), misinterpretation(s), mishearing(s), misreading(s), mistranslation(s), spelling mistake(s), fault(s) in reading, transaction error(s), technical hazard(s), registration error(s), manifest error(s), Force(s) Majeure and/or any other similar mistake(s)/error(s);
ii. Violation of the OVO Casino Rules;
iii. Criminal Actions;
iv. Advice, in whichever form this is provided, provided by OVO;
v. Financial risk and loss, including, but not limited to variances in exchange rates; and/or
vi. Legal actions and/or other remedies.
124. Therefore it is hereby being specified that OVO Casino makes no representation, pledge or warranty (either explicit or implicit, including but not limited to warranties for accuracy, fitness of purposes or non-infringement) that the Content is accurate and/or suitable for any particular purpose other than in so far as those warranties which cannot be expressly excluded under the governing law of these Terms and Conditions.
125. Use of this Internet site is entirely at the Player’s risk. The Internet site and its Content is provided on an ‘as is’ basis.
126. When participating in the Games and making use of the Services offered by OVO Casino the Player acknowledges that s/he is transacting with the software provider which supplies the Games to OVO. All wagers and win transactions occur on the game provider’s platform and not on OVO’s end. The Player further acknowledges that notwithstanding that OVO Casino offers support to its Players and monitors Game results to ensure fair play, OVO Casino has no control over the Games or the actual outcome thereof. For the sake of clarity, it is being stated herein that OVO Casino is however still fully responsible for the balances held in Player’s Accounts.
127. OVO Casino offers its Service and Software « as is » with no warranties, assurances, engagements, or any declaration, explicit or implied, legal or other. OVO Casino hereby excludes all terms, conditions, and warranties explicit or implied, including but not limited to implied warranties, commercial conditions, and/or matters of satisfactory quality, ability and adaptability to a specific end, completion or precision of service and of the software in respect to the failure to respect governing rules and laws.
128. OVO Casino does not guarantee that the Service or the Software are authorized, and that the operation will fully satisfy the Player, that it is entirely secure and exempt from error, that it is updated regularly, that any software defect is regularly corrected, that it is uninterrupted, that the Service or the Software are virus or bug free, or that they are continually operational, that they are adequate, that the material is reliable, or that all other information obtained by way of the Service or that all results are adequate and reliable.
129. The Company further disclaims any warranties that the Services will be accessible and available worldwide, and reserves the right, at its sole discretion and without prior notification, to limit or restrict its offering at any time to specific jurisdictions and/or territories. In the event that the Company ceases to offer the Services in a particular jurisdiction or territory, Players will be given the facility to payout the remaining real money balance held in their account at the time of closure, subject to the provisions of clauses 68 to 74 of these T&Cs. No further claims shall lie against the Company as soon as the remaining real money balance has been successfully paid out to the Player, upon Player request.
130. In case of discrepancies in the systems or in the means of communication, due to viruses or bugs as it relates to the Account regulations or all other parameters that make up the Software, We shall not be held responsible to You or a third party for any damage, costs, expenses, losses, or claims brought about by said discrepancies, and We reserve the right, in the event of such types of errors, to cease all software and Internet site Games concerned and to take all other measure necessary to correct such errors, provided that We are not responsible to provide an emergency network, system, or similar emergency services.
131. OVO Casino cannot be held responsible for any act or omission by an internet provider or of any other third party with whom You may have contracted in order to have access to OVO’s Service and/or Software. In case of litigation between the internet provider and yourself, OVO Casino cannot be a party to the suit, and such suit shall in no way affect the Player’s obligations under this Agreement.
132. Without prejudice to the provisions in clauses 121 to 125, in the event of a software error or a miscarried or aborted game as provided in the Remote Gaming Regulations of 2004 (Legal Notice 176), any funds used by the Player to play that particular Game, will be refunded by OVO Casino to that Player so that the Player will find himself in the same position he/she was in before commencing the Game.
133. The Player acknowledges to have chosen and used the Service and the Software willingly and at his own risk and discretion.
LOSS OR DAMAGE
134. We are in no way responsible for any loss or damage, direct or indirect, that You or a third party might have suffered as a result of Your use or the third party’s use of the Service and/or of the Software, including but not limited to damages caused by a commercial loss, a loss of benefits, a loss on anticipated profit, interruption of business, loss of commercial information, or any other pecuniary and or consecutive loss.
135. We are in no way responsible for any loss or damage that You or a third party might have suffered as a result of Your use or their use of the Internet site, its content or that of any link suggested by OVO.
136. We are in no way responsible for any loss or damage that You or a third party might have suffered as a result of any modification, suspension or interruption of Service or of the Software.
137. We are in no way responsible for any loss or damage, including but not limited to a loss of profit, as a result of improper functioning of the Service and/or of the Software, any delay, interruption, transmission, loss or corruption of data, improper functioning of the means of communication, criminal use of the Internet site or of its content by any person, of a defect, or omission or of any other factor beyond our control. In the event that the malfunction results in profit, whether it be collected or credited to your Account, OVO Casino reserves the right to claim all gains that You may have benefited from as a result of one of those malfunctions, and You would be obliged to immediately reimburse OVO Casino the amount collected and to inform OVO Casino of the malfunction. OVO Casino reserves the right, at its sole discretion, of directly deducting from your Account an amount equal to that which You may have received in error.
BREACH OF AGREEMENT
138. In accepting the terms of this Agreement, You are bound to integrally indemnify Us, to defend Us and to exonerate Us, on demand of any complaint, responsibility, damage, loss, cost or expense, including but not limited to all legal fees or others that We shall bear as a result of breach of this Agreement, a violation of OVO’s laws, rules and or rights or of those of a third party, to any use of the Service and/or Software with Your Login and Password details, whether it be with your knowledge or without it, as well as any acceptance of profit on Your part.
139. If You fail to adhere to any of the conditions of this Agreement or if We reasonably suspect that You are failing to comply with any of the conditions of this Agreement, OVO Casino reserves the right, and all remedies at its disposition, and at its sole discretion, to block Your User Account and to withdraw the necessary amount from Your Account in order to compensate the damage suffered by OVO, or in exchange of any amount due to OVO, and until ruled upon it by a Court of Law.
140. If You fail to abide by the conditions of this Agreement, OVO Casino reserves the right to block Your Account, as well as indefinitely banning Your access to the Internet site, Service and Software belonging to OVO, and will have the right of bring suit against You.
141. Players are advised to comply with applicable legislation in the jurisdiction in which they are domiciled and/or resident. OVO Casino accepts no responsibility for any action taken by any authority against any Account holder.
142. The Player acknowledges that OVO Casino reserves the right to restrict its offering or part thereof, in certain jurisdictions and/or territories. Players are not permitted to use proxies and/or any other form of software programme or tools for the purpose of hiding their true location or to circumvent mechanisms put in place by OVO Casino to limit access to games. If OVO Casino discovers that a Player has circumvented these mechanisms and violated these Terms and Conditions, OVO Casino is permitted to block the respective Account and withhold any winnings.
LIMITATION OF LIABILITY BEFORE A COURT OF LAW
143. In the event that OVO Casino is found liable in any way, by a court of law and/or a similar authority, with legal competence and/or jurisdiction over OVO, then OVO’s liability is limited to the amount of the Stake, or the Net Winnings, whichever is the lesser. Alternatively, when relevant and applicable, the amount recorded in the OVO Casino Account or the amount transferred into or out of the OVO Casino Account, whichever is the lesser.
144. These T&Cs are not intended to create any partnership, agency or joint venture between OVO Casino and the “Player”.
145. The OVO Casino Internet site is intended solely for use by Players. In any event, no one is authorised to copy, modify, tamper with, distribute, transmit, display, reproduce, transfer, upload, download or otherwise alter the content of the Internet site.
146. Any unauthorised downloading or copying of any material contained in the OVO Casino Internet site as well as the design of the Internet site itself may be considered as a violation of applicable intellectual property rights within the European Union.
147. The Internet site may only be used for lawful purposes. Use of the Internet site for transmission, distribution, publication or storage of any material on or via the Internet site which is in violation of any applicable law or regulation or any third party rights is strictly prohibited. This includes (without limitation) the use of the Internet site or the transmission, distribution, publication or storage of any material on or via the Internet site in a manner or for a purpose which infringes copyright, trademark, trade secret or other intellectual property rights, is obscene or harmful to minors or constitutes an illegal act or harassment, is libellous or defamatory, violates any privacy or data protection laws, is fraudulent or breaches any exchange control or gambling law. It is solely for You to establish whether Your registration with and use of the Internet site and/or Your entry into this Agreement (or your offering so to do) is lawful. It is also solely Your responsibility to ensure that use by You of Your credit or debit card for such purposes is lawful.
148. OVO Casino is committed to endorsing responsible wagering among its Players as well as promoting the awareness of problem gambling and improving prevention, intervention and treatment.
149. OVO’s Responsible Gambling Policy sets out its commitment to minimizing the negative effects of problem gambling and to promoting responsible gambling practices.
LAW & FORUM
150. For all intents and purposes, this Agreement shall be governed by and construed in accordance with the laws of the country of Malta without giving effect to conflicts of law principles. The parties submit to the exclusive jurisdiction of the country of Malta for the settlement of any disputes arising out of concerning this Agreement. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
151. Any dispute or difference arising out of or in connection with these T&Cs shall be determined in Malta in accordance with the laws of Malta by the appointment of a single arbitrator to be agreed between the parties, or failing agreement within fourteen days, after either party has given to the other a written request to concur in the appointment of an arbitrator, by an arbitrator to be appointed by the Chairman or Deputy Chairman of the Malta Arbitration Centre.
152. If any provision contained in these T&Cs shall be held by any court or other competent authority to be void or unenforceable in whole or in part, these T&Cs shall continue to be valid as to the other provisions thereof and the remainder of the affected provision.
153. Headings are intended for clarity and to facilitate reading of these terms and conditions. They are not intended as a means of interpretation for the content of the paragraph that follows each heading. Headings are not intended to bind OVO Casino in any manner whatsoever.
154. Any waiver by OVO Casino of any breach by any Player of any provision of these T&Cs shall not be considered as a waiver of any subsequent breach of the same or any other provision of these T&Cs.
This Agreement is considered accepted and executed
And the Player
OVO Casino can be contacted by sending an email to firstname.lastname@example.org.
Version 1.4 Last updated on 2th February 2017
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