These Terms of Use are effective as of 30th November 2017.
1 Acceptance of terms
1.1 King Gaming Limited (“King Gaming”) provides a sportsbook and certain casino (including live casino) games at its website located at www.kgvip.com (and related websites) (the "Sites") — which include all of the text, images, audio, code, features, tools, materials and other services from time to time that they contain or provide (collectively, the “Content”). The Sites and the Content (including co-branded or affiliated services) offered from time to time by King Gaming are referred to here as the “Service”.
1.2 All references to "King Gaming", "we", "our" or "us" is a reference to King Gaming Limited, a company incorporated in the Isle of Man and registered under company number 131239C with its registered address at 33 Bucks Road, Douglas, Isle of Man, IM1 3DE. King Gaming Limited is licensed and regulated by the Isle of Man Gambling Supervision Commission. Online gambling debts are enforceable under Isle of Man law.
1.3 Reference to "you", "your" or "player" is a reference to any person using the Site or Service and/or any registered player of King Gaming.
1.4 Please read the Terms of Use carefully before using the Service. By using or otherwise accessing the Service, and/or clicking to accept or agree to the Terms of Use where that option is made available, you agree to be bound by:
1.4.1 these terms and conditions ("General Terms");
1.4.2 our Privacy Policy;
1.4.3 the Rules (which shall be defined as meaning the Betting Rules and the Game Rules specifically applicable to the relevant type of betting and/or gaming, as described in more detail in clauses 1.4.4 and 1.4.5);
1.4.4 the rules of any bet that you make on the Service ("Betting Rules"), as set out under the relevant general 'Help' section and the applicable Rules tabs on the Sites;
1.4.5 the rules of any game that you play on the Service including any new games from time-to-time ("Game Rules") as set out under the relevant general 'Help' section and the applicable Rules tabs on the Sites;
1.4.6 any applicable terms and conditions and/or rules with regard to promotions, bonuses and special offers which we may offer from time to time ("Bonus Terms");
1.4.7 any terms and conditions relating to withdrawals, which are contained in the 'Withdrawal' part of the 'Help' section of the Sites ("Withdrawal Terms"); and
1.4.8 any other terms applicable to the Service and/or which you are required to confirm your agreement to in order to enjoy the Service ("Additional Terms");
(together, the "Terms of Use").
1.5 The original text of the Terms of Use is in English and any interpretation of them will be based on the original English text. If the Terms of Use (or any documents or notices related to them) are translated into any other language, the original English version will prevail.
1.6 In the event that there is any conflict or inconsistency between any of the individual parts of the Terms of Use making up your contract with King Gaming, the order of precedence shall be as follows:
1.6.1 the Withdrawal Terms;
1.6.2 the Bonus Terms;
1.6.3 the Betting Rules;
1.6.4 the Game Rules;
1.6.5 the Additional Terms;
1.6.6 the General Terms; and
1.6.7 the Privacy Policy.
1.7 If you do not agree to the Terms of Use, then you should not access or use the Content, Site or Service.
2 Modification of Terms of Use
2.1 King Gaming reserves the right to modify or replace the Terms of Use at any time. The most current version of these General Terms and the individual parts of the Terms of Use (as set out in clause 1.4 above) making up your contract with King Gaming will be posted on our Sites. You shall be responsible for reviewing and becoming familiar with any such modifications.
2.2 If a change to the Terms of Use is material, we will notify you of the change when you next access your Account or by contacting you using the contact details we hold for you at the time the change is made. We are entitled to apply any changes to the Terms of Use if we notify you of such changes using the details we hold for you, unless you have neglected to notify us of any changes to those contact details and you do not therefore receive our notification. If you do not agree with the change you should contact us and stop using our Site and Service. Use of the Service by you after any modification to the Terms of Use constitutes your acceptance of the Terms of Use as modified.
3 Player Account
Registration
3.1 In order to participate in any game or to place any bet on the Service you will need to open a player account with King Gaming ("Account").
3.2 All applicants must be over 18 years of age or of the minimum legal age in their country of residence and of legal capacity to register with King Gaming and open an Account. King Gaming reserves the right to ask for proof of age and identification from any player and suspend his/her Account until satisfactory documentation is provided in accordance with clause 4 (Verification and Money Laundering checks).
3.3 In order to open an Account you will be asked to provide King Gaming with accurate, current and complete personal information, which may include your name and date of birth and appropriate contact details, including an address, telephone number and e-mail address ("Registration Data"). You agree to maintain and promptly update your Registration Data to keep it accurate, current and complete. If you provide any information that is inaccurate, not current or incomplete, or King Gaming have reasonable grounds to suspect that such information is inaccurate, not current or incomplete, King Gaming may deny you access to areas requiring registration, or suspend or terminate your Account, pending further investigation.
3.4 By completing the registration process, you represent and warrant that:
3.4.1 you are over 18 years of age or of the minimum legal age in your country of residence;
3.4.2 you are fully able and competent and of legal capacity to enter into the Terms of Use and to use the Service;
3.4.3 you understand and accept the risk that, by using the Service, you may win but may also lose money; and
3.4.4 you have not had an Account closed by King Gaming under clause 7 (Prohibited Practices).
3.5 You may establish, maintain, use and operate only one Account at any time (the account must be unique, including but not limited to unique IP, address, name, email, mobile, payment method). In the event King Gaming determines that you have opened, maintained, used or operated more than one Account, in addition to any other rights that King Gaming may have, King Gaming reserves the right to suspend or terminate any or all of your Accounts and terminate, withhold or revoke the awarding of any prizes, free bets, bonuses or winnings.
3.6 King Gaming reserves the right to suspend or terminate any other account which it suspects or identifies as being either linked or associated with you.
Account Password and Security
3.7 When registering an Account, you will be asked to choose a username and password combination to be used in conjunction with your Account. You may not use a username that promotes a commercial venture or a username that King Gaming, in its sole discretion, deems offensive.
3.8 You are responsible for:
3.8.1 maintaining the confidentiality of your username and password associated with your Account;
3.8.2 all uses of your Account where your username and password has been entered correctly (whether authorised or unauthorised); and
3.8.3 the security of your access device(s) used to participate in any games or place any bets via your Account and any other activities taking place on your Account.
3.9 You agree to:
3.9.1 keep your username and password confidential and not share them with anyone else (and you acknowledge your Account cannot be co-owned with anyone else);
3.9.2 immediately notify King Gaming of any unauthorised use of your username and password or Account or any other breach of security; and
3.9.3 use only your own username and password to access the Service.
3.10 You acknowledge and agree that King Gaming is authorised to act on instructions received through the use of your username and password.
3.11 King Gaming cannot and will not be liable for any loss or damage arising from your failure to comply with this clause 3.
3.12 Circumstances may arise where King Gaming may: (i) require you to change your username; or (ii) itself change your username: in either event, King Gaming will promptly inform you of its decision, and, where possible, the reason for the changes to your username, using your Registration Details.
Communications and Information Practices
3.13 As part of the Account registration process, you will be given the opportunity to "opt out" of receiving marketing communications from King Gaming, including information about any promotional offers. If you do not wish for your Registration Data to be used by us to inform you of marketing information relating to the Service, please indicate that this is the case by ticking the relevant box as instructed when you open your Account.
3.14 Once your Account has been opened, you will have the option to select how you wish to receive marketing communications, such as by email, SMS, post or otherwise, by adjusting the marketing preferences settings on your Account. You may also choose to opt-out of receiving any marketing communications at any time by updating the marketing preferences settings on your Account, or by clicking on the unsubscribe link contained in all of our marketing communications.
3.15 We will comply with all applicable data protection laws (including the Isle of Man's Data Protection Act 2002) in respect of personal information you supply to us. Your personal information is processed in accordance with our Privacy Policy.
Inactive Accounts
3.16 If you have not logged into your Account for a period of at least 12 months, King Gaming reserves the right to apply an administration fee ("Dormant Account Fee") following the procedure set out below:
3.16.1 if you have not logged into your Account for a period of 12 months then your Account shall be deemed to be ‘dormant’;
3.16.2 if, on being deemed to be dormant, your Account has a positive balance, King Gaming shall take all reasonable steps to notify you using the Registration Data King Gaming holds for you at the time your Account becomes dormant;
3.16.3 if your Account remains dormant, after a minimum period of 28 days following King Gaming's first attempt to notify you that your Account has become dormant, King Gaming shall deduct a monthly Dormant Account Fee from your Account balance of $5, or 10% of your Account balance at the time that it is deemed to be dormant (whichever is greater); and
3.16.4 the Dormant Account Fee calculated in accordance with clause 3.16.3 above shall be deducted from your Account balance on the expiry of the 28 day notification period mentioned above and every 28 days thereafter at the same rate until the earlier of: (i) your Account balance reaching zero when no further Dormant Account Fee shall be deducted and your Account will be closed; or (ii) you ‘reactivating’ your Account when no further Dormant Account Fee shall be deducted.
4 Verification and Money Laundering checks
4.1 In order to play any paid-for games or place any bets on the Service, you will be required to register a payment method and deposit funds to your Account. By agreeing to the Terms of Use, you warrant that you are the rightful owner of any payment method registered, and of any money which you deposit in your Account at any time.
4.2 By agreeing to the Terms of Use, you authorise us to undertake any such identification, credit and other verification checks from time to time as we may require ourselves or as may be required by third parties (including, but not limited to, regulatory bodies).
4.3 When you register a payment method you should be aware that we reserve the right to undertake appropriate checks to verify your age and identity within 72 hours of you making your first deposit with us. During this time you will be able to deposit funds into your Account and participate in games and place bets, however, we reserve the right to restrict withdrawal or refund functionality on your Account.
4.4 Where possible we will attempt to verify you using the Registration Data you have provided against publicly available information, however where this is not possible you will be required to provide us with appropriate documentation to allow us to verify you.
4.5 If we are unable to verify you successfully within 72 hours of you first depositing money into your Account, we reserve the right to suspend your Account and withhold any funds until such time as we have been able to successfully verify you.
4.6 Further, you agree that from time to time, upon our request, and as part of our normal security checks and procedures, you may be required to provide additional details in respect of any information you have provided us, or any activity on your Account. We shall be entitled to suspend or restrict your Account, until such time as the relevant checks are completed to our satisfaction.
4.7 We may supply your information to authorised third party reference agencies to confirm your identity and payment details. You agree that we may process such information in connection with your Account.
4.8 It is an offence for any person in the Isle of Man who is under the age of 18 to participate in any gambling offered by King Gaming on the Service. If we are unable to confirm that you are over 18 years of age or of the minimum legal age in your country of residence, then we may suspend your Account until such time as we are able to confirm your age. If you are subsequently, or at any time during the lifetime of the Account, proven to have been under 18 years of age when you participated in paid-for games and/or placed a bet on the Service, then:
4.8.1 your Account will be terminated or suspended (at our discretion);
4.8.2 all transactions made whilst you were underage will be made void, and all related funds deposited by you will be returned by the payment method used for the deposit of such funds, wherever practicable; and
4.8.3 any winnings, bonuses and free bets which you have accrued will be forfeited by you (and may be deducted from any deposited funds returned according to clause 4.8.2) and you will return to us on demand any such funds which have been withdrawn from your Account.
5 Your Account: Deposits, Withdrawals and Limits
5.1 You may only participate in paid-for games or place bets on the Service using cleared funds held in your Account. As such, if you want to participate in a paid-for game or place a bet, you must deposit monies into your Account from an account or source of funds of which you are the account holder. Where King Gaming identifies that you are not the rightful owner of any payment method used in connection with your Account, we reserve the right to treat any deposit into the Account as being invalid (and any winnings arising therefrom as void).
5.2 By depositing funds into your Account, you direct us, and we agree to hold them, along with any winnings, for the sole and specific purpose of using them: (i) to participate in paid-for games or to place bets on the Service; and (ii) settling any fees or charges that you might incur in connection with the use of the Service. We shall be entitled to suspend or close your Account if we reasonably consider, or have reason to believe, that you are depositing funds without any intention to participate in paid-for games or place bets on the Service. In such circumstances, we may also report this to relevant authorities.
5.3 In addition to any other rights we may have under the Terms of Use, if we incur any charge-backs, reversals or other charges in respect of your Account, we reserve the right to charge you for the relevant amounts incurred. Monies deposited with us in your Account shall not attract interest.
5.4 We are required by our licence to hold monies deposited by you to your Account to be held in a bank account and/or escrow account which will be kept separate from our company funds. The monies in your Account are protected in the event of insolvency.
5.5 You may request a withdrawal of funds from your Account at any time provided that:
5.5.1 all payments made into your Account have been confirmed as cleared and there is no reason to suspect that King Gaming will be subject to any monies being charged-back, reversed or otherwise cancelled;
5.5.2 all verification checks referred to in clause 4 (Verification and Money Laundering) have been completed to our satisfaction;
5.5.3 your requested withdrawal does not exceed the King Gaming maximum cumulative withdrawal limit of $50,000 (or currency equivalent) within a period of 30 days (please contact Customer Services if you reach this limit); and
5.5.4 there are no other conditions which may attach to or limit your ability to withdraw funds (e.g. any Bonus Terms).
5.6 Subject to these General Terms or any applicable law, you may withdraw funds from your Account at any time. . You shall be liable for all costs, taxes, levies and charges (including but not limited to bank- and payment-provider charges) incurred by King Gaming in processing your withdrawal of funds from or deposit of funds to your Account. King Gaming may at its sole discretion waive such costs but any such waiver shall not be deemed a guarantee of a waiver of future costs.
5.7 Where possible, all withdrawals will be processed to the payment account from which the deposits were made. Where there is a requirement to process a withdrawal to a different payment method, any such request may be subject to additional verification and security checks. We may in some circumstances process and pay withdrawals in a different payment method than the one requested by you, such as through different payment providers, a bank draft or wire transfer (any charges associated with relevant payment methods are set out in the Withdrawal part of the 'Help' section of the Sites). Similarly, King Gaming shall not be responsible for any costs incurred in relation currency conversion by you. The facilities offered by King Gaming shall not in any way be used as a method of speculating on or the exploitation of currency fluctuations and we reserve the right to suspend or close an account should we have sufficient reason to believe that you are in breach of this term.
5.8 King Gaming may, at any time, set off any positive balance on your Account against any amounts owed by you (including any duplicate Accounts that you may have, as described in more detail in clause 3.5) to King Gaming.
5.9 You are responsible for reporting your winnings and losses to the tax and/or other authorities in your jurisdiction (if applicable).
5.10 Access to or use of the Sites or any of the Service via the Sites may not be legal for some or all residents of or persons in certain countries. We do not intend that the Sites or Service should be used for betting, gaming or any other purposes by persons in countries in which such activities are illegal. For the avoidance of doubt, any country or territory that is not listed within the “Country” menu of our registrations page shall be deemed as a restricted territory. While we shall endeavor to take reasonable measures to ensure that the Service is not able to be accessed from restricted territories, the fact that the Service is accessible in any such country, or appears in the official language of any such country shall not be construed as a representation or warranty with respect to the legality or otherwise of the access to and use of the Sites, and the making of deposits or receipt of any winnings, prizes, free bets or bonuses from your Account. The availability of the Service does not constitute an offer, solicitation or invitation by King Gaming for the use of or subscription to betting, gaming or other services in any jurisdiction in which such activities are prohibited by law.
5.11 It is your responsibility to determine the law that applies in the location in which you are present. You should ensure that you will be acting legally in your jurisdiction in opening your Account and/or using the Service and you represent, warrant and undertake that you will do so.
5.12 If it becomes apparent to King Gaming that you are resident in a country in which the use of the Service is not legal, we shall be entitled to suspend or close your Account, in which case any balance on the Account on the date of such closure will be refunded to you as soon as it is practicable to do so, subject to there being no legal or regulatory constraints on our doing so.
MAXIMUM WINNINGS FOR SPORTS BETTING
5.13 Your maximum winnings in any 24 hour period shall be $10,000 (or currency equivalent) and are exclusive of stake. The maximum winnings are quoted in United States Dollars (USD).
5.14 All maximum winnings limits apply to any one customer, who has placed bets containing the same selections, including where placed in a series of bets, at a range of prices, in order to circumvent any account or betting restrictions or by using different betting accounts and/or across different betting channels. Should we have reason to believe that a number of bets have been placed this way, we reserve the right to suspend the account(s) in question pending further investigation. We also reserve the right in our sole discretion to combine the total payment of all those bets to one single maximum winnings payout.
MAXIMUM AND MINIMUM DEPOSITS AND WITHDRAWALS
5.15 Under the Online Gambling Regulation Act 2001 and other laws of the Isle of Man, and together with the Money Laundering and Terrorist Financing (Online Gambling) Code 2013 which binds King Gaming, there is a requirement for King Gaming to obtain proof of identity and residential address (which must also correspond to that registered with King Gaming) when you, for the first time, request a withdrawal of funds that, singularly or taken together with previous withdrawals from the preceding 30-day period, exceeds €3,000 or currency equivalent. Acceptable forms of proof of identity and residence shall be, respectively, a valid current photographic identity document (e.g., national identity document, passport, driver's licence, etc.) and a formal document not older than 90 days displaying your home address (e.g., bank or credit-card statements, utility bills save mobile-telephone bills, etc.)
5.16 In order to place a bet or participate in any paid-for games your Account must be in credit. The minimum amount that you may deposit in one go is $10.00.
5.17 You may only withdraw funds once you have successfully wagered 100% of your previous deposit unless you are closing your account under our Responsible Gambling Policy. We reserve the right to cancel any withdrawal request where you have failed to meet this requirement and your account may be subject to any administration charges incurred by us as a result of such actions. Without prejudice to clause 5.17, we may, at our sole discretion (and provided that you have not breached any other clause), elect to accept and process your withdrawal where your previous deposit has not been wagered in full.
6 Eligibility
6.1 By depositing money, participating in a game or placing a bet (or any other similar transaction) on the Service, you are representing and warranting that you are not an employee, shareholder, director, agent, representative or operator of a company that directly or indirectly supplies products or services to King Gaming except for circumstances in which product or platform testing is required. In such instances, any account balance will be deemed as test monies and not eligible for withdrawal.
6.2 If you do not meet the eligibility requirements of this clause 6, then you are not authorised to use the Service. King Gaming may require you to provide proof that you are eligible to participate in games or place bets according to this clause 6 prior to your receiving a prize, a free bet, a bonus or any winnings. This includes requesting that you supply us with any reasonably required verification information and could involve the completion of an affidavit of eligibility in certain circumstances. You must provide any such information or complete such an affidavit if King Gaming requests that you do so. Failing to do so within 5 days of King Gaming making such a request entitles King Gaming to otherwise determine that you do not meet the eligibility requirements of this clause 6 and, in addition to any rights that King Gaming may have in law or equity, King Gaming reserves the right to suspend or terminate your Account and withhold or revoke the award of any prizes, bonuses, free bets or winnings associated with your Account.
6.3 King Gaming employees may use the Service for the purpose of testing the user experience, but may not withdraw money or prizes. King Gaming consultants or promoters of the Service may play games or place bets without such limitation, but only if: (i) their arrangement with King Gaming does not permit them to have any access to non-public Service data or any other data not made available to all players on the Service; and (ii) they do not receive any other advantages in their playing of games or placing of bets on the Service.
7 Prohibited Practices
7.1 The following examples of practices in relation to the Service shall constitute a "Prohibited Practice" and shall not be permitted and will constitute a material breach of the Terms of Use:
7.1.1 abuse of bonuses or other promotions;
7.1.2 any activity which constitutes fraudulent practice or criminal activity (each as defined in clause 7.7.1 and 7.7.2 respectively),
7.1.3 any activity which constitutes manipulation, misrepresentation or similar with the purpose of taking or providing an unfair advantage or disadvantage of King Gaming or any of its players; (as defined in clause 7.7.3);
7.1.4 any breach of the eligibility requirements set out in clause 6.1:
7.1.5 any improper conduct (as defined in clause 7.7.4); or
7.1.6 any activity which in the view of King Gaming would constitute a breach of the Terms of Use.
7.2 You agree that you shall not participate in or be connected with any form of Prohibited Practice in connection with your access to or use of the Service.
7.3 We will take all reasonable steps to prevent and detect Prohibited Practices and to identify the relevant players concerned if they do occur. However, we will not be liable for any loss or damage which you may incur as a result of any Prohibited Practice, and any action we take in respect of the same will be at our sole discretion.
7.4 If you suspect a person is engaged in any Prohibited Practice, you shall report it to King Gaming as soon as reasonably practicable by e-mailing [email protected]. Your failure to do so shall constitute a breach of the Terms of Use.
7.5 King Gaming may cancel or forfeit your bet or disqualify you from a game or the entire Service, refuse to award or pay-out prizes, free bets, bonuses or winnings and require the return of any prizes or winnings, cancel the validity of any free bets or bonuses, or suspend, limit, or terminate your Account if, we reasonably deem that you are engaging in (or have engaged in), or are aware of and fail to report, any Prohibited Practice or otherwise act adversely to the operation of the Service or in any way detrimental to other players.
7.6 If:
7.6.1 we have reasonable grounds to believe that you have participated in or have been connected in any way with any form of Prohibited Practice; or
7.6.2 you have participated in any games or placed any bets with any other operator that directly or indirectly offers products or services which are the same as or similar to the Service offered by King Gaming and are suspected (as a result of such play) of any Prohibited Practice or otherwise improper activity; or
7.6.3 we become aware that you have "charged back" or denied any of the deposits that you made to your Account; or
7.6.4 in our reasonable opinion your continued use of the Service may be detrimental to our regulated status, including our continued ability to be licensed by the Isle of Man Gambling Supervision Commission or any other relevant regulatory authority; or
7.6.5 you become bankrupt;
then, (including in connection with any suspension and/or termination of your Account) we shall have the right, in respect of your Account, to withhold the whole or part of the balance and/or recover from the Account the amount of any deposits, pay-outs, bonuses, free bets and winnings which have been affected by or are in any way attributable to any of the event(s) contemplated in this clause 7.6. The rights set out in this clause 7.6 are without prejudice to any other rights (including any common law rights) that we may have against you, whether under the Terms of Use or otherwise.
7.7 For the purposes of this clause 7:
7.7.1 "fraudulent practice" means any fraudulent activity engaged in by you or by any person acting on your behalf or in collusion with you, and shall include, without limitation:
7.7.1.1 fraudulent charge-backs;
7.7.1.2 violating eligible payment method terms;
7.7.1.3 the use by you or any other person who was participating in the same game as you at any time, of a stolen, cloned or otherwise unauthorised credit or debit card, as a source of funds;
7.7.1.4 the collusion by you with others in order to gain an unfair advantage (including through bonus schemes or similar incentives offered by us);
7.7.1.5 any attempt to register false or misleading account information, including payment information; and
7.7.1.6 any actual or attempted act by you which is reasonably deemed by us to be illegal in any applicable jurisdiction, made in bad faith, or intended to defraud us and/or circumvent any contractual or legal restrictions, regardless of whether such act or attempted act actually causes us any damage or harm.
7.7.2 "criminal activity" shall include, without limitation, money laundering, terrorist financing and any other offence under applicable law including, but not limited to, the Isle of Man Online Gambling Regulation Act 2001; and
7.7.3 "unfair advantage" shall include, without limitation:
7.7.3.1 the use of third party software or analysis systems;
7.7.3.2 conferring, colluding or sharing privileged information with any other player outside of the betting rules;
7.7.3.3 the use of automated scripts or other automated means (such as "bots") to accumulate prizes, bonuses, free bets or winnings in any game played or bet placed on the Service; and
7.7.3.4 the exploitation by you, of an Error as defined in clause 8 below, in any case either to your advantage and/or to the disadvantage of King Gaming or other players.
7.7.4 "improper conduct" shall include, without limitation:
7.7.4.1 to abuse, harass, impersonate, intimidate or threaten other King Gaming players or agents, consultants or employees of King Gaming;
7.7.4.2 to post or transmit, or cause to be posted or transmitted, any Content that is infringing of any person's rights, defamatory, abusive, offensive, obscene, pornographic or otherwise violates any law or right of any third party;
7.7.4.3 use of the Service for any unauthorised purpose, or in violation of any applicable law, including intellectual property laws;
7.7.4.4 to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any King Gaming player;
7.7.4.5 to create or submit unwanted email ("Spam") to any other King Gaming players or agents, consultants or employees of King Gaming;;
7.7.4.6 to infringe upon the intellectual property rights of King Gaming, its players, or any third party;
7.7.4.7 to submit comments linking to affiliate programs, multi-level marketing schemes, sites repurposing existing products, stories or off-topic content;
7.7.4.8 to post, email, transmit, upload, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed or functioning to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
7.7.4.9 to use any robot, spider, scraper, sniping software or other automated means to access the Service for any purpose (except for RSS feed access) without our express written permission;
7.7.4.10 to advertise to, or solicit, any player to buy or sell any products or Service, or use any information obtained from the Service in order to contact, advertise to, solicit, or sell to players without their prior explicit consent;
7.7.4.11 to sell or otherwise transfer your Account profile; and
7.7.4.12 to attempt to influence the play in or outcome of any sporting event in which you are involved or in which you have a direct or indirect interest, including the placing of bets related to such sporting event.
7.8 In exercising any of our rights in relation to Prohibited Practice, we shall use all reasonable endeavours to ensure that, while complying with our regulatory and other legal obligations, we exercise such rights in a manner which is fair to you and to our other players.
7.9 We reserve the right to inform relevant authorities, other operators, other online service providers and banks, credit card companies, electronic payment providers or other financial institutions, regulators and law enforcement agencies of your identity and of any suspected Prohibited Practice by you, and you shall cooperate fully with us to investigate any such activity.
8 Errors
8.1 There may be circumstances which arise which result in the Service not running as originally planned ("Errors"). Such Errors may include, without limitation, if the Sites become corrupted or do not allow the proper usage of the Service, or if infection by a computer virus, bugs, tampering, unauthorised intervention, actions by entrants, fraud, technical failures, inadvertent errors by us (as further described at clause 8.2), or any other causes of any kind, in which King Gaming's opinion corrupts or affects the administration, security, fairness, integrity or proper conduct of the Service (whether as a result of a Prohibited Practice or otherwise).
8.2 Without prejudice to clause 8.1 and for the avoidance of doubt, any malfunction will void all plays and pays for any affected game.
8.3 For the purposes of clause 8.1, an inadvertent error by us will include, without limitation:
8.3.1 where we have continued to allow the placing of a bet or participation into a game which should have been suspended or had already finished (or, in respect of the placing of a bet, the sporting event to which the bet relates, had already finished);
8.3.2 where we should not have accepted, or have the right to cancel, your participation in a game or your placing of a bet pursuant to the relevant Rules;
8.3.3 where an error is made by us as to the amount of winnings that are paid to you, including as a result of a manual or computer input error; or
8.3.4 where an error has been made by us as to the amount of bonus funds that are credited to your Account.
8.4 Without prejudice to clause 8.2, we may, at our discretion (and provided that neither you nor we gain any unfair advantage), elect to accept a bet even though the relevant event has begun. When King Gaming exercises this discretion, this will not constitute an inadvertent error for the purposes of clause 8.2. In respect of games played by you, the relevant Game Rules shall set out the point at which no further stakes will be accepted by us.
8.5 King Gaming will use reasonable endeavours to remedy an Error as soon as reasonably practicable. Subject to us doing so (but it being acknowledged by you that we can only be in a position to take such steps if we become aware of an Error), neither we (including our employees or agents) nor our partners shall be liable for any loss, including loss of winnings, that results from any Error by us or by you.
8.6 Any monies which are credited to your Account as a result of an Error shall be immediately repaid to us when a demand for payment is made by us to you. Where such circumstances exist, if you have monies in your Account, we may reclaim these monies from your Account pursuant to clause 5.8. We agree that we shall use all reasonable endeavours to detect any Errors and inform you of them as soon as reasonably practicable.
8.7 You shall inform us as soon as reasonably practicable should you become aware of any Error.
8.8 King Gaming reserves the right to disqualify any player implicated in or relating to the cause of any Errors and/or may cancel, terminate, extend, modify or suspend the Service. If such cancellation, termination, modification or suspension occurs, a notification may be posted on the Sites.
8.9 You agree that you will not: (i) take any action that imposes, or may impose (in our discretion) an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; or (iii) bypass any measures we may use to prevent or restrict access to the Service.
8.10 The failure of King Gaming to comply with any provision of the Terms of Use due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of King Gaming (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of any provision the Terms of Use.
9 Responsible Play & Self-Exclusion
9.1 King Gaming is committed to providing the support you need to play and gamble responsibly. We offer you a range of options to help you to manage your play and gambling.
9.2 You can find further details of the options available to you in our Responsible Gambling Policy or by contacting our customer services.
9.3 Although King Gaming will use its reasonable endeavours to enforce its Responsible Gambling Policy, it does not accept any responsibility or liability if you nevertheless continue gambling and/or seek to use the Service with the intention of deliberately avoiding the relevant measures in place and/or King Gaming is unable to enforce its measures/policies for reasons outside of King Gaming's reasonable control.
Deposit and Betting Limit
9.4 You can set a limit on your deposit amount and/or your betting amount related to your Account in a period selected by you. Any request to increase a limit will not come into effect until the current limit term has expired. A deposit or betting limit shall effectively reset at the end of the term selected by you and the limit selected shall remain in effect until otherwise requested by you. For details of how to set up a deposit limit please contact our customer services, or set up the limit through the Site by clicking on your username tab while you are logged in. Any confirmed reductions to your deposit limit will have immediate effect.
Self-Exclusion
9.5 If at any time you feel that you are not in control of your gambling, or feel that you are in danger of developing a gambling problem, we strongly encourage you to self-exclude. Self-exclusion allows you to opt out of gambling on the Site and to cease to receive marketing communications from us. The minimum period for self-exclusion is six (6) months and the maximum period is five (5) years. Should you wish to permanently exclude yourself from the services, you may do so by accessing the Self-Exclusion section of the site or contacting our customer service team. During the period of self-exclusion you will not be able to access your account for any reason and you should withdraw any remaining funds prior to undertaking self-exclusion. It will not be possible to re-open your account for any reason, and King Gaming take all reasonable measures to detect and close any new accounts you may open. King Gaming shall not be responsible for any losses you incur should you deliberately attempt to circumvent our self-exclusion controls and policy. If you self-exclude with us, we strongly recommend that you consider self-excluding with other providers of gambling with whom you may be registered and that you reach out to providers of care and support for problem gaming such as motiv8 / Gamcare Isle-of-Man, GambleAware or Addiction friend. Although we will remove you from our marketing database, we also strongly recommend that you remove all King Gaming apps or downloads (if any) from your smartphone, tablet or other end-user devices and that you take advantage of software that allows you to block access to gambling-related websites.
9.6 For more information on how to gamble responsibly and the measures that you can take, please refer to our King Gaming Responsible Gambling Policy or contact our customer care centre on [email protected].
10 Indemnity
10.1 You agree to release and to indemnify, defend and hold harmless King Gaming and its parents, subsidiaries, affiliates and agencies, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities, from and against any and all losses, liabilities, expenses, damages, costs (including attorneys’ fees and court costs) claims or actions of any kind whatsoever arising or resulting from your use of the Service, your violation of the Terms of Use, your receipt, ownership, use or misuse of any winnings, bonuses, free bets and/or prize, and any of your acts or omissions that implicate publicity rights, defamation or invasion of privacy. King Gaming reserves the right, at its own expense, to assume exclusive defence and control of any matter otherwise subject to indemnification by you and, in such case; you agree to cooperate with King Gaming in the defence of such matter.
10.2 In addition to any other remedy available, if you breach any of the Terms of Use we shall be entitled to recover from your Account any positive balance to the extent of any amount reasonably claimed against you pursuant to clause 10.1.
11 Warranty disclaimers
You expressly understand and agree that your use of the Service is at your sole risk. The Service (including the Service and the Content) are provided on an "AS IS" and "as available" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. You acknowledge that King Gaming has no control over, and no duty to take any action regarding: (i) which players gain access to or use the Service; (ii) what effects the Content may have on you; (iii) how you may interpret or use the Content; or (iv) what actions you may take as a result of having been exposed to the Content. You release King Gaming from all liability for you having acquired or not acquired Content through the Service. You acknowledge and accept that the Service may contain, or direct you to other websites containing information that some people may find offensive or inappropriate. King Gaming makes no representations concerning any Content contained in or accessed through the Service, and King Gaming will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service.
12 Limitation on liability
12.1 You acknowledge and agree that you assume full responsibility for your use of the Sites and Service. You acknowledge and agree that any information you send or receive during your use of the Sites and Service may not be secure and may be intercepted or later acquired by unauthorised parties. You acknowledge and agree that your use of the Sites and Service is at your own risk. Recognising such, you understand and agree that, to the fullest extent permitted by applicable law, neither King Gaming nor its suppliers or licensors will be liable to you for any direct, indirect, incidental, special, consequential, punitive, exemplary or other damages of any kind, including without limitation damages for loss of profits, goodwill, use, data or other tangible or intangible losses or any other damages based on contract, tort, strict liability or any other theory (even if King Gaming had been advised of the possibility of such damages), resulting from your use of the Sites and Service howsoever arising.
12.2 Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
13 Our proprietary rights
All title, ownership and intellectual property rights in and to the Service are owned by King Gaming or its licensors. You acknowledge and agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorised by King Gaming, you agree not to copy, modify, rent, lease, loan, sell, distribute, perform, display or create derivative works based on the Service, in whole or in part.
14 Links and Third Party Software
14.1 In order to use the products offered through the Service, you may be required to download and install software supplied by third parties on to the access device through which you are accessing the Service ("Software").
14.2 In such circumstances, you may be required to enter into a separate agreement with the owner or licensor of such Software in respect of your use of the same (a "Third Party Software Agreement"). In case of any inconsistency between the Terms of Use and any Third Party Software Agreement, the Terms of Use will prevail in so far as the inconsistency relates to the relationship between you and King Gaming.
14.3 It is your responsibility to ensure that any Software is downloaded onto your access device in a manner compatible with your own access device's specific set-up. For the avoidance of doubt, we shall not be liable to the extent that the incorrect downloading of any Software has an adverse effect on the operation of your access device.
14.4 Notwithstanding that the Service provided via any access device application shall be subject to the Terms of Use, the terms under which any app is downloaded or installed onto your access device shall be governed by the agreement entered into between you and the supplier of the relevant app but, in case of any inconsistency between the Terms of Use and any such agreement, the Terms of Use will prevail in so far as the inconsistency relates to the relationship between you and King Gaming.
14.5 Furthermore, the Service may provide from time to time, or third parties may provide, links to other websites, applications or resources. Because King Gaming has no control over such third party sites, applications and resources, you acknowledge and agree that King Gaming is not responsible for the availability of such external sites, applications or resources, and does not endorse, and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that King Gaming shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods or services available on or through any such third party site or resource.
15 Promotions and Bonuses
15.1 All promotions, bonuses or special offers are subject to these Terms and Conditions in addition to promotion-specific terms and conditions that we may introduce from time to time in conjunction therewith. We reserve the right, to suspend, cancel or modify such bonuses or promotions rules.
15.2 In the event that we suspect, in our absolute discretion, You are abusing or attempting to abuse a bonus or promotion, we may suspend or close Your Account and reserve the right to withhold any related winnings.
16 Termination and suspension
16.1 If you wish to terminate your King Gaming Account, you should contact our customer support team.
16.2 King Gaming is, at any time (and notwithstanding any other provisions contained in the Terms of Use), entitled to close your Account where it suspects or determines a breach of the Terms of Use.
16.3 Where we close your Account and terminate the Terms of Use pursuant to clause 7 (Prohibited Practices) of these General Terms, the balance of your Account will be non-refundable and deemed to be forfeited by you, as will any free bets or bonuses you have accrued as at the date of such Account closure, to the extent of any claim that we may have against you as at the date of such closure. Closure of your Account and termination of the Terms of Use, other than pursuant to clause 7 (Prohibited Practices) of these General Terms, will not affect any live bets (i.e. a bet that has not yet been settled by King Gaming for a reason other than your breach of clause 7) you currently have nor any outstanding games that you may be a participant in, provided that such live bets and/or outstanding games are valid and you are not in breach of the Terms of Use in any way. For the avoidance of doubt, we will not credit any bonuses or free bets into your Account, nor will you be entitled to any contingent winnings, at any time after the date on which the Account has been closed (whether by us pursuant to the Terms of Use, or in respect to your request to close your Account).
16.4 The following clauses of these General Terms shall survive any termination of the Terms of Use: 6 (Eligibility); 7 (Prohibited Practices); 11 (Indemnity); 12 (Warranty Disclaimers); 13 (Limitation on Liability), 14 (Our Proprietary Rights); 15 (Links and Third Party Software); 16 (Termination and Suspension); 17 (No Third Party Beneficiaries); 18 (Complaints and Notices); 20 (General Information), together with any relevant sections of the Betting Rules and Game Rules, the Privacy Policy and the Additional Terms.
17 No third party beneficiaries
You agree that, except as otherwise expressly provided in these General Terms, there shall be no third party beneficiaries to these General Terms.
18 Complaints
18.1 You acknowledge that our random number generator will determine the outcome of the games played through the Service 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 your screen and the game server used by King Gaming, 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 relevant online gaming activity and the results of this participation.
18.2 KGVIP makes best effort to ensure all customers have an pleasant experience while operating games. Should you wish to make a complaint regarding the Service, as a first step you should, as soon as reasonably practicable, contact customer services team about your complaint. We wish to hear your advice and make a solution as soon as possible.
18.3 If we are unable to resolve your complaint to your satisfaction, or you dispute our decision, you can request that the matter be addressed by a manager or supervisor. All our customer service agents are professionally trained. We will endeavour to resolve the matter to your satisfaction either immediately or by contacting you subsequently.
How to make complain: if you wish to submit a complain, you may either contact online supports, email or by post.
18.4 If you remain unhappy with our final decision you can raise your complaint using the Gambling Supervision Commission's alternative dispute resolution procedure. The Gambling Supervision Commission is the official Isle of Man Government body with responsibility for regulating gambling offered from the Isle of Man. Their contact details are here: https://www.gov.im/categories/business-and-industries/gambling-and-e-gaming/iom-gambling-supervision-commission-complaints-form/
19 GENERAL INFORMATION
19.1 Entire Agreement
19.1.1 The Terms of Use and any document expressly referred to in them represent the entire agreement between you and King Gaming and supersede any prior agreement, understanding or arrangement between you and King Gaming, whether oral or in writing.
19.1.2 You and King Gaming acknowledge that neither of us has relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations between us except as expressly stated in the Terms of Use.
19.1.3 Neither party shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of the contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided for in the Terms of Use.
19.2 Law and Jurisdiction
19.2.1 The Terms of Use shall be governed by and interpreted in accordance with the laws of the Isle of Man.
19.2.2 The courts of the Isle of Man shall have non-exclusive jurisdiction over any disputes arising out of the Terms of Use.
19.3 Waiver and Severability of Terms
19.3.1 The failure of King Gaming to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.
19.3.2 If any provision of the Terms of Use is found by a competent authority to be invalid, unlawful or unenforceable to any extent, such terms, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law. In such cases, the parties nevertheless agree that the competent authority should endeavour to give effect to the parties' intention=s as reflected in the provision.
19.4 Clause Titles
19.4.1 The clause titles in these General Terms and in any of the individual parts of the Terms of Use (as set out in clause 1.4 above) making up your contract with King Gaming, are for convenience only and have no legal or contractual effect.
19.5 Communications
19.5.1 Players with questions, complaints or claims with respect to the Service may contact us using the relevant contact information set forth above.
Thank you for choosing King Gaming!