OIGE

END USER TERMS AND CONDITIONS OF USE

IMPORTANT READ CAREFULLY BEFORE ACCEPTING THIS AGREEMENT

These terms and conditions (the "Agreement") constitute a legally binding agreement between:

These terms and conditions are applicable to the gaming or wagering games are located at http://www.intercasino.com or replacement or associated URLs that contain the "InterCasino" brand ("Games"). GPL is a limited liability company duly incorporated and established in accordance with the Laws of Ireland Company No. 444178, and provides payment processing services in relation to the Games by way of the ECash software and related documentation (the "ECash Software") on behalf of COL (the "ECash Service"). COL, trading as InterCasino, is a limited liability company duly incorporated and established in accordance with the Laws of Malta Company No. C43616, that operates under a licence (Licence No. LGA/CL1/282/2006 issued by the Lotteries & Gaming Authority of Malta and is also regulated by the Authority. The Games operate on the basis of an underlying software system licensed to COL by GPL (the "Games Software"). In this Agreement the ECash Software and the Games Software are together referred to as the "Software" and “Software” shall be read as meaning either or both of the ECash Software and the Game Software as the context requires. In this Agreement, GPL and COL are together referred to as the "Service Providers". This Agreement is between you and all of the Service Providers. The Service Providers may (either individually or together) enforce any of their respective rights or powers set out in this Agreement against you directly.

The purpose of this Agreement is to regulate the legal relationship between you and each of the Service Providers in relation to your use of the Games, the Software and the ECash Service. If you have any questions, the Service Providers encourage you to seek independent legal advice in your jurisdiction prior to your acceptance by checking the box stating that you have read this agreement and agree to be bound by its terms. By checking the box stating that you have read this Agreement and agree to be bound by its terms and/or by using the Games, the Software or the ECash Services you are legally bound by this Agreement INCLUDING THE EXCLUSIONS AND LIMITATIONS OF LIABILITY CONTAINED IN IT AT CLAUSE 11. Acceptance of these Terms and Conditions is required in order for you to complete your registration and access and use the Ecash Service and the Games. If you do not agree with any of the terms of this Agreement you must: (i) not check the box stating that you agree to be bound by its terms; or (ii) exit out of the installer process and erase from your hard drive or any other drive or storage medium, the executable file you downloaded that contains the Software.

We are committed to a Responsible Gambling policy and you may obtain more information of this by reading our Responsible Gambling page. In particular you will find there information on how to exclude yourself from the Ecash Service and the Games and how to limit your deposits or game play and also information on providers of support for problem gambling. Click HERE to obtain this information.

You are required to register and open an account in order to access and use the Ecash Service and the Games when you wish to play either for fun or for real money. When registering you will be required to provide certain information such as your name and address and date of birth and appropriate contact details including telephone number and email address. Your account is for your personal use only and is not to be shared duplicated or otherwise accessed or used by any person other than you.


1. THE GAMES

1.1
COL operates the Games by virtue of the authority as a registered license-holder of the Government of Malta. All transactions in connection with the Games take place in the territory of Malta where the Games server is located. The Service Providers reserve the right, at their absolute discretion and without any obligation of notifying you, to change the location of the license and/or territory where the games server is located or/and the game takes place.

1.2
You can only use the Games if you are of the legal age of majority as determined by the law of the country from where you live and/or access the Games (the "Local Jurisdiction"). You cannot use the Games if you are under 18 years of age in any circumstances. If you are under 18 years of age or below the legal age in the Local Jurisdiction, or if your use of the Games is prohibited in the Local Jurisdiction (YOU HAVE AN OBLIGATION TO MAKE THIS DETERMINATION BY MAKING THE APPROPRIATE ENQUIRES IN THE LOCAL JURISDICTION) then you must only use the version of the Games that can be played for fun or practice, and you must not use the version of the Games played for real money. You cannot use the Games if you are an employee or contractor of, or immediate family member of an employee or contractor of, or a corporate entity that has any connections, whether direct or indirect, to an employee or contractor of, or immediate family member of an employee or contractor of, either Service Provider or any of its parent, subsidiary, affiliated and/or related companies.

1.3
The Games are only available to you if the use of the Games is permitted in the Local Jurisdiction. COL does not intend that anyone should use the Games where such use is illegal. The availability of the Games does not constitute an offer or invitation by COL to use the Games in any country in which such use is illegal. Use of the Games and participation therein is void wherever prohibited by any applicable law. YOU ACCEPT SOLE RESPONSIBILITY FOR DETERMINING WHETHER YOUR USE OF THE GAMES IS LEGAL IN THE LOCAL JURISDICTION. If your use of the Games is illegal you will not be entitled to collect any winnings and the Service Providers reserve the right to recover any winnings already received by you and/or by anyone acting on your behalf and to report you to the relevant authorities. The Service Providers have listed some specific jurisdictions in which the Ecash Service and the Games are not available (including in particular the United States, US Virgin Islands or US Minor Outlying Areas, Turkey, People's Republic of China, Hong Kong or Macau) and may add other jurisdictions from time to time. A complete list is available here Registration from such jurisdictions is barred in any case but the fact that the Service Providers have listed such jurisdictions does not remove your obligation set out above for determining whether your use of the Ecash Service and the Games is legal wherever you are.

1.4
You acknowledge that the Games may include tournaments in which you may choose to participate. You understand and acknowledge that such tournaments may be televised and/or otherwise broadcast, including but not limited to via the internet. In the event you choose to participate in such tournaments, you irrevocably consent to the televising and/or broadcasting of your participation in such Games and irrevocably consent to the use of your likeness and aliases in relation to such tournaments, and for the purposes of advertising and marketing such tournaments, without further compensation, further permission and notification to you. You hereby waive any inspection or approval of use and waive and release the Service Providers from any claims based on invasion of privacy, right of publicity and defamation.


2. END USER'S REPRESENTATIONS, WARRANTIES AND COVENANTS & INDEMNITY

2.1
In consideration for the rights granted to you to use the Games and the Software you warrant, represent and covenant to the Service Providers (and acknowledge that the Service Providers are relying on such warranties, representations and covenants) that:

2.2
You agree to fully indemnify the Service Providers and hold the Service Providers harmless from and against all and any losses, costs, expenses, claims, demands, liabilities and damages however caused that may arise as a result of your (a) use of the Games or (b) acceptance of any winnings or (c) commission of any breach of this Agreement.

2.3
If you breach this Agreement or any one of the Service Providers has any reasonable grounds for suspecting that you have breached this Agreement, in addition to any other remedies available to the Service Provider, without notice to you:

  1. COL may withhold payment of your winnings; and/or
  2. GPL may retain the balance in your ECash Account;

on account of any damages or other amounts owed by you to the Service Providers or in the case of collusion or fraud any other end user of the Games.


3. SOFTWARE

3.1
The Service Providers grant you a personal, non-exclusive, non-assignable and non-transferable license to use the Games, Software and the ECash Software for the sole limited purpose of accessing and using the Ecash Service and the Games. Title, ownership and all intellectual property or other proprietary rights in the Software belong to GPL, including any images, photographs, animations, video, audio, music and text that may be part of the Software. The Software in source code form is the trade secret and confidential information of GPL. All rights not expressly granted to you under this Agreement in respect of the Software are reserved to GPL. The Software is protected by all applicable intellectual property laws and international treaty provisions.

3.2
Title, ownership and all intellectual property or other proprietary rights in the Games are licensed to COL. You shall not acquire any rights, interest in or title to any such intellectual property rights in the Games.

3.3
The copying, redistribution or publication of any part of the Software is strictly prohibited. You will not sell, assign, sub-license, transfer, distribute, rent or lease the Software and you will be solely liable for any and all damages, costs and expenses arising from such unauthorised sale, assignment, distribution, renting or leasing thereof. You will not make the Software available on a computer network or otherwise make the Software available to any third parties without the prior consent of the owner and/or licensor of the Software. You will not copy, reverse engineer, decompile, disassemble, modify, translate, or make any attempt to discover the source codes of the Software or create derivative works based on the Software, and you will be solely liable for any damages, costs or expenses arising from the above. You will only use the Software for the purposes contemplated by, and in accordance with the terms of, this Agreement. If you become aware that the Software or the Games or the ECash Services are being used in any manner not authorised by this Agreement or otherwise, you will immediately notify GPL.

3.4
You agree that you will not use the Software for any unlawful purposes or for the purposes of sending or transmitting any data or other material:

3.5
You acknowledge and agree that the Software and any related documentation or other materials provided by the Service Providers are the confidential information of the Service Providers. You agree not to disclose such confidential information to outside parties without the consent of the Service Provider owning such confidential information. You shall only use confidential information for the purposes of this Agreement. Your obligations with respect to confidential information shall survive termination of this Agreement.

3.6
The Service Providers may develop or issue upgraded versions of the Software from time to time and may make such upgraded versions available to you in their sole discretion. All such upgrades shall be deemed to be Software for the purposes of this Agreement.

3.7
If you use multiple browsers or attempt to manipulate or ascertain information concerning the Software or are involved in collusion, you will forfeit all winnings/money and be deactivated as a player. All wagers must be placed through the user interface. Any wagering through other means, including but not limited to the use of a "robot" player, is strictly forbidden. Collusion is any agreement or understanding between two or more parties to deceive, mislead or defraud others or gain an unfair advantage.

3.8
The Service Providers may develop or issue upgraded versions of the Software from time to time and may make such upgraded versions available to you in their sole discretion. All such upgrades shall be deemed to be Software for the purposes of this Agreement.

3.9
If you use multiple browsers or attempt to manipulate or ascertain information concerning the Software or are involved in collusion, you will forfeit all winnings/money and be deactivated as a player. All wagers must be placed through the user interface. Any wagering through other means, including but not limited to the use of a "robot" player, is strictly forbidden. Collusion is any agreement or understanding between two or more parties to deceive, mislead or defraud others or gain an unfair advantage.

3.10
It may be necessary to provide you with software supplied by third parties ("Third Party Software") to enable you to use the products offered through the Services, in particular our download Casino and download Poker products, including but not limited to the 'Live Dealer' product. In such circumstances, you may be required to enter into a separate agreement with the owner in respect of your use of such software (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 the Service Providers. It is your responsibility to ensure that any Third Party Software is downloaded on to your computer in a manner compatible with your own computer's specific set-up. For the avoidance of doubt, we shall not be liable to the extent that the incorrect downloading of any Third Party Software has an adverse effect on the operation of your computer. Any Services offered to you utilising smartphone and mobile device applications ("Apps") shall be subject to the Terms of Use. The terms under which any App is downloaded or installed onto your smartphone or mobile 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 the Service Providers


4. TERMINATION

4.1
This Agreement is effective from the date you check the box stating that you have read this Agreement and agree to be bound by its terms until terminated in accordance with its terms.

4.2
The Service Providers (or any of them) may terminate this Agreement at any time, and for any reason whatsoever in their sole and absolute discretion with or without notice to you. In particular the Service Providers (or any of them) may immediately terminate this Agreement without notice if:

4.3
You may terminate this Agreement at any time by serving notice on COL by email to helpdesk@playershelp.com or by telephone to the Customer Service number, Termination shall become effective from the time we notify you that we have closed your account which will be done immediately if you notify us by telephone and within a reasonable time after you notify us by email. You will remain responsible for all transactions on your account until the account is closed by us.

4.4
On termination of this Agreement you shall immediately:

4.5
On termination of this Agreement for any reason, all obligations already made will be honoured and any balance held on your ECash Account will be returned to you within a reasonable time of your request subject always to GPL's right to deduct any amounts owed by you to the Service Providers and any applicable transaction charges from such balance before remittance to you. If this Agreement is terminated as a result of your default then you will be liable to the Service Providers for any damages suffered by any of them.

4.6
The Service Providers shall have no liability to you in respect of an event of Force Majeure. For the purposes of this Agreement "Force Majeure" means any event outside the reasonable control of a party affecting its ability to perform any of its obligations under this Agreement.


5. GAMES TERMS

5.1
COL reserves the right to refuse or limit any wager in its sole discretion.

5.2
If the Service Providers find any evidence or has any suspicion that you have attempted or intend to breach this agreement or have tampered or will tamper with the Software or the operation of the Games in any way, in addition to any other remedies available to it, COL may withhold payment of your winnings.

5.3
As part of the Games, COL, may provide casino games, including but not limited to Blackjack, Spice Island Poker, Roulette, Craps, Baccarat, Slot Machines, Video Poker, Video Keno, Pai Gow Poker, Let It Ride Poker and Red Dog, Player-to-Player Poker, Bingo and may provide other games as authorised and/or services from time to time.

5.4
The Games, unless modified by COL will be operated and played in accordance with the rules of the Lotteries and Gaming Authority in Malta as applicable.

5.5
COL may, in its absolute discretion, alter or amend or withdraw any game or any part thereof, at any time, and may alter prices, features, specifications, capabilities, functions and/or other characteristics of the Games, including the rules of play.

5.6
COL reserves the right to terminate your access to the Games at any time, for any reason.

5.7
The Service Providers reserve the right to amend your nickname and/or alias in its absolute discretion if it believes the same to be defamatory, offensive, pornographic in nature or intended to impersonate a real person or brand name.

5.8
The Service Providers reserve the right to prohibit any player from participating in any and all Games, and may, where situations warrant, freeze the chips/ECash Account funds of any player suspected of cheating in any form. The Service Providers further reserve the right to restrict seating and/or to prohibit players from playing in a particular game, including restricting two or more players from playing together at the same game.

5.9
The Service Providers reserve the right to ban any player from its Games website(s) and remove bonus monies and/or winnings associated with the bonus monies without notice if a player displays any behaviour that the Service Providers deem in their sole discretion to be an abuse of bonus monies or a breach of these terms and conditions. Bonus abuse may include, but is not limited to, claiming multiple bonuses in a month, a player wagering the bonus money on excluded games such as 'Roulette' and/or where bets are made with the primary intention of making substantial gains solely from the bonus money provided by any of the Service Providers (as opposed to use of the bonus monies in conjunction with funds deposited by the players themselves).


6. ECASH TERMS

6.1
COL has an agreement with GPL that allows GPL to provide you with the ECash Services. GPL is entitled, at its absolute discretion, to delegate the ECash Service to any third party/ies as it may consider appropriate, without any requirement of notifying you. As a condition of entering into this Agreement, you will install the ECash Software and, if you play for money, you will be required to open an electronic cash account with GPL (the "ECash Account"). Subject to the terms, conditions and restrictions contained in this Agreement, and subject to the payment of any requisite fees to GPL for use of the ECash Account (the "Fees"), GPL permits you to access and use the ECash Software and the ECash Services only in accordance with this Agreement and solely in connection with the Games.

6.2
You must not bet amounts greater than the balance in your ECash Account. You may not bet on credit from the Service Providers in any way. Any winnings will be placed back into your ECash Account. By using the Games and placing bets, you authorise COL to effect the relevant deposits and withdrawals with GPL from your ECash Account. Funds transferred in to your Ecash Account will be available for use or withdrawal by you when credited to your Ecash Account in accordance with the processes and timescales applicable under the payment mechanism selected by you.

6.3
COL reserves the right to instruct GPL to (i) refuse any application for an ECash Account; (ii) to freeze funds in your ECash Account (which are subject to reclamation by COL) depending on the conclusion reached by GPL relating to any activity that GPL determines to be illegal, deceptive or fraudulent; and/or (iii) to close any existing ECash Account at any time for any reason. If COL elects to instruct GPL to close your ECash Account, the balance subject to any amounts in dispute or review will be paid out to you unless such request arises due to COL retaining a third party for the purposes of providing you with electronic cash services similar to the ECash Services. In such case, the balance in your ECash Account will be transferred to such third party provider and you consent to such transfer.

6.4
Subject to the terms of this Agreement, you may use the ECash Services to transfer funds from you to your ECash Account or from your ECash Account to you, and from your ECash Account to wager on the Games a ("Transfer Transaction"). You may not use your ECash Account for any other purpose including any transfer to another customer of the Service Providers. The Service Providers do not apply any maximum or minimum limit on the monetary amount included in any Transfer Transactions but the provider of any payment mechanism selected by you may apply such limits and you must familiarise yourself with any such requirements. This is subject to your right to self-limit the amount of any Transfer Transactions under the mechanism set out in our Responsible Gaming section.

6.5
You may execute a Transfer Transaction by any of the following means:

Full details of the methods available for deposits and withdrawals are on the website at http://www.intercasino.com/payment/ You acknowledge that, in accordance with the Malta Remote Gaming Regulations, LN 176 of 2004, any funds paid into your ECash Account may only be remitted back to the same account and/or payment method from where the funds originated.

6.6
You may instruct GPL to conduct a Transfer Transaction transferring funds from your ECash Account by first providing GPL (in writing or via email or through any other electronic process provided for in the ECash Software from time to time) with such information as GPL may require from time to time. Except as expressly provided otherwise in this Agreement once you have instructed GPL to conduct a Transfer Transaction (an "Authorised Transfer Transaction"), it may not be terminated or reversed by you. GPL reserves the right to reverse an Authorised Transfer Transaction if GPL determines, in its sole discretion, that it is necessary to do so. If you or GPL assert that any Transfer Transaction was made in error or without valid authorisation, GPL may, in its absolute discretion, reverse or adjust such Transfer Transaction.

6.7
GPL will have no liability whatsoever for any claims, damages or expenses which you or any third party may incur or suffer as a result of:

6.8
Notwithstanding the provisions of this Clause 6, GPL may, in its sole and absolute discretion, refuse to process any Transfer Transaction for any reason whatsoever or modify the means by which users of the ECash Service may effect a Transfer Transaction. GPL reserves the right to require you to provide verification of identity, age, place of residence and such other information as it may deem appropriate or as may be required by the Lotteries and Gaming Authority of Malta and to withhold any monies until the requested information is provided. In accordance with the Malta Remote Gaming Regulations, prior to processing aggregate withdrawals in excess of Euro 2,300 (or equivalent amount in another currency), your identity, age and place of residence must be verified.

Forms of identification or other information may include:

  1. Photographic ID: A copy of a current photographic ID is required for your first withdrawal request. This photographic ID can be in the form of a copy of a Passport, Drivers License or National ID card. Specifically it is the photograph page of the ID that we require for our verification checks. Please ensure that your name, photograph and signature are visible on the document.
  2. Credit/Debit Cards: A copy of the front and back of the credit/debit card(s) used to fund your account. Please ensure that all details are clearly legible to enable prompt and accurate verification. For security purposes block the middle eight numbers on the front of the card copy and the 3 digit security code at the back of the card copy.
  3. Proof of address: This may be submitted in the form of a utility bill or a credit card statement. It should be a recent document showing your full name and address as registered on your account with us. If you provide a credit card statement please ensure that you blank out the eight middle numbers of the credit card.
  4. If deemed necessary notarized or certified documentation might be requested: Your documents will need to be authenticated by an appropriate qualified Notary/Solicitor and signed and stamped as proof of legitimacy.

Note: In some cases, depending on the payment method used to fund your account, you may be asked for one or a combination of the aforementioned documents, or additional documents not included in the list above

6.9
GPL will ensure that any unutilised funds attributable to the balance in your ECash Account are from time to time, subject to chargebacks and any applicable financial charges, held in separate bank accounts used only for holding customer money and are held to your order.

6.10
You are permitted to establish one ECash Account only for gaming purposes. The Service Providers reserve the right to close duplicate accounts, and to make void any bets placed in duplicate accounts. If you have multiple ECash Accounts for gaming purposes. GPL may in its sole and absolute discretion consolidate multiple ECash Accounts into a single ECash Account at any time, close some or all of your multiple ECash Accounts and return the funds therein to you or implement measures or take such other action against all or one of your ECash Accounts as it deems appropriate, in its sole and absolute discretion.

6.11
Your ECash Account will be deemed to be inactive if you do not process a Transfer Transaction from your account in any continuous period of ninety (90) days. Once your ECash Account is deemed to be inactive, you agree to pay GPL a monthly service fee of the then applicable fee (or the current balance of your account, if less) so long as a positive balance remains after which the account will be closed. You authorise GPL to debit this fee from your ECash Account on the first day of the month following the day on which your ECash Account is deemed inactive, and on the first day of every subsequent month that your ECash Account remains inactive, until your ECash Account becomes active again or the balance of your ECash Account is nil at what time you authorise GPL to close your ECash Account.

6.12
GPL may impose any restrictions upon your use of the ECash Services that it deems necessary, in its sole and absolute discretion, at any time and without prior notice. Such restrictions may include, but are not limited to:

6.13
GPL may make final and binding determinations in respect of your ECash Account, including but not limited to:

6.14
In consideration for the rights and privileges permitted in this Agreement, you provide the Service Providers with the following warranties, representations and covenants. You warrant, represent and covenant that:

6.15
A Transfer Transaction to the Games from your ECash Account signifies your intention to pay COL in respect of any wagers made and/or any and all services purchased. If you later dispute a Transfer Transaction ("Disputed Transfer Transaction"), your dispute lies solely between you and the COL, and not with GPL. You will remit to your ECash Account the amount equal to the Disputed Transfer Transaction immediately, failing which, you shall remain liable to GPL for the amount equal to the Disputed Transfer Transaction and GPL reserves the right to claim against you for the same, in addition to interest and costs.

6.16
You acknowledge that:

Where you make repeated deposits and withdrawals without commensurate play, the Service providers reserve the right to pass associated bank charges on to you by debiting your account but will provide you with advance notice before doing so to enable you to cease such activity. The Service Providers also reserve the right to charge a reasonable commission on any currency exchanges taking place where, in their opinion, an appropriate level of gameplay has not occurred so you are deemed to be abusing exchange rate fluctuations.

6.17
If no transaction has been recorded on a player's account for thirty months, GPL may remit the balance in that player’s ECash Account to the player, or if the player cannot be satisfactorily located, to the Lotteries & Gaming Authority provided that no claim shall lie against any of the Service Providers due to the remittance of any funds in a player's account to the Lotteries & Gaming Authority.

6.18
If funds are held in a player’s account which has been closed (including where the player has requested to be excluded from participation in the Games) then, subject to any rights of the Service Providers under these Terms and Conditions, the funds will be available for transfer to the player in accordance with the mechanism for withdrawals. Funds held in a player’s account which has been blocked for any reason will be retained in the account until the reason for the blockage has been identified and dealt with and then, subject to any rights of the Service Providers under these Terms and Conditions (including in particular in relation to the reason for the blockage), the funds will be available for transfer to the player in accordance with the mechanism for withdrawals.


7. USER INFORMATION & PRIVACY

7.1
You are solely responsible for the security and protection of your user name, GPL user name, password and personal identification number and financial information (collectively the "User Information"). You will take all necessary and reasonable steps to protect the User Information from disclosure. You will not divulge the User Information to any third party. You will not permit any third party to use your User Information in order to access the Software, the Games or the ECash Services, whether authorised or not.

7.2
You are solely responsible, liable and accountable for all use or access of the Games or the Software and the ECash Services (including all bets and wagers made) through your User Information and you will be solely liable for any losses, damages, costs or expenses that occur due to the use by, or disclosure of the User Information to, others, whether authorised by you or not.

7.3
GPL does not generally provide details of your ECash Account to third parties, however, by entering into this Agreement you are giving your consent to GPL to:

7.4
In order to assist GPL in processing your transaction where your credit card may have been declined, GPL receives further information from your bank about the reasons for this. GPL uses this information to facilitate completion of your transaction so that GPL can provide our service to you. GPL does not use this information for any other purposes.


8. PERSONAL DATA

8.1
It is necessary for the Service Providers to collect personal information and data (including but not limited to your name, address and contact information) ("Personal Data") from you in order to allow you to access and use the Games and the ECash Services. By using the Games, Software and ECash Services and communicating electronically with the Service Providers, you acknowledge and agree to the Service Providers processing your Personal Data in the ways set out in this Agreement. For the purposes of performing this Agreement appropriate employees of the Service Providers and others engaged by the Service Providers will have access to your User Information and Personal Data. It is not the intention of the Service Providers to collect “sensitive” personal data as that expression is defined by relevant Data Protection laws but any such data of which the Service Providers become aware will only be processed as allowed by such laws

8.2
The Service Providers will primarily process Personal Data for the purposes of providing you with access to the Games and the ECash Services. In addition, the Service Providers may make Personal Data available to other Service Provider affiliates, parents and subsidiary companies for the purposes of statistical and market analysis and for informing you about products and services offered by such undertakings. If you do not want to receive any marketing communications you should contact the Service Providers using the contact details set out in Clause 14.4.

8.3
The Service Providers may disclose Personal Data to other Service Providers, other companies within the Service Providers group of companies, their parent subsidiary, affiliated, and related companies business partners, government bodies and law enforcement agencies, successors in title to their businesses and third party suppliers engaged to process Personal Data on their behalf or to other third parties for the purposes of providing you with the Games, the Software and the ECash Services. You have a right to access the Personal Data held about you. To obtain a copy of the Personal Data contact the Service Providers using the details set out in Clause 14.4.

8.4
In order to operate effectively, the Service Providers rely on the collection, storage and use of information about individuals in all countries and territories where they operate. The collection and storage of this information and its further use by the Service Providers, their affiliates, parents, subsidiaries and operating companies on a global basis (including via the Internet) involves regular transfers of Personal Data from one country to another.

8.5
GPL may search your own individual record at a credit reference agency. It will add to your record details of this search and your application and this will be seen by other organisations that make searches. Information held about you by the credit reference agencies may already be linked to records relating to one or more of your partners. For the purposes of this application you may be treated as financially linked and your application will be assessed with reference to any "associated" records. GPL may use a credit scoring or other automated decision-making system when assessing your application. GPL will also add to your record with the credit reference agency details of your agreement with GPL, the payments you make under it and any default or failure to keep to its terms. It is important that you give the Service Providers accurate information. The Service Providers will check your details with fraud prevention agencies and if you give them false or inaccurate information and they suspect fraud, this will be recorded. These records will be shared with other organisations and used by the Service Providers and them to:

Fraud prevention agency records will also be shared with other organisations to help make decisions on motor, household, credit, life and other insurance proposals and insurance claims, for you and members of your household. If you require details of those credit reference and fraud prevention agencies from which GPL obtains and with which GPL records information about you, then please write to GPL at the address below.

8.6
A cookie is a small piece of information sent by a web server to a web browser, which enables the server to collect information from the browser. Find out more about the use of cookies on http://www.cookiecentral.com. The Service Providers use cookies to identify you when you visit the Games website(s) and to keep track of your browsing patterns and build up a demographic profile. GPL's use of cookies also allows registered users to be presented with a personalised version of the site, carry out transactions and have access to information about their account. Most browsers allow you to turn off cookies. If you want to know how to do this please look at the help menu on your browser. However, switching off cookies will restrict your use of the Games web site(s).


9. ERRORS & OMISSIONS

9.1
If there is any discrepancy between the gaming results on your computer and the results on the game server for the Games, the results on the game server for the Games shall be final and binding. If there is any discrepancy between your on-screen display and GPL's server with respect to balance in your ECash Account, the balance held on GPL's server is deemed to be the balance in your ECash Account and this determination shall be final and binding. You will forfeit any amounts shown to be in your ECash Account that result from human error, technical default or fraud by you.

9.2
If the Service Providers accept or process any wager or other transaction (including a payment transaction or if you are awarded any winnings) as a result of (a) any human error on the part of the Service Providers or (b) any bug, defect or error in the Software or (c) the failure of the Games or the Software to operate in accordance with the rules of any of the Games through technical error, fraud or otherwise then the Service Providers will be entitled to correct any such wager or transaction or if not able to do so to cancel the relevant wager or transaction. The Service Providers will not be liable in respect of any such correction or the events giving rise to such correction. In particular there will be no obligation to pay you any such winnings arising from the relevant wager or transaction and you agree to refund any such winnings that may have been paid to you by the Service Providers.

9.3
If any play on any Game is stopped disrupted or interrupted during the course of a wager the Service Providers will use all reasonable efforts to restart the Game as from the point of such stoppage disruption or interruption but if the Service Providers are unable to do so the Service Providers may cancel such wager and adjust your account accordingly.

9.4
The Service Providers and their respective licensees, distributors, parents, subsidiaries, affiliates and all of their officers and directors and employees will not be liable for any damages which may be caused by the interception or misuse of any information transmitted over the Internet.


10. CHANGES TO THIS AGREEMENT

10.1
The Service Providers may modify, restate or amend the terms and conditions of this Agreement, the rules of the Games, the rules and terms applicable to promotions or loyalty schemes, the ECash Services and/or the Fees from time to time by posting a copy of the change, modification, restatement or amendment on the web site at http://www.intercasino.com

You will be notified of any such change and

10.2
A copy of this Agreement, as updated from time to time, is available for your review at any time on the web site at http://www.enduserterms.com/intercasino/00/license.html.

10.3
If you use or continue to use the Games or the ECash Services after the posting of the change to this Agreement, the rules of the Games, the Games, the terms for promotions or loyalty schemes or the ECash Services, you will be deemed to have accepted the change whether or not you have chosen to read the user message, "read me text" and/or the web site http://www.intercasino.com


11. NO WARRANTIES & LIMITED LIABILITY

11.1
THE GAMES, THE ECASH SERVICES AND THE SOFTWARE ARE PROVIDED TO YOU "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE SERVICE PROVIDERS DO NOT WARRANT THAT THE OPERATION OF THE GAMES, THE ECASH SERVICES OR THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED OR ERROR FREE OR SECURE OR THAT ANY DEFECTS ARE CORRECTABLE OR WILL BE CORRECTED. THE ENTIRE RISK AS TO THE USE, QUALITY AND PERFORMANCE OF THE GAMES, THE ECASH SERVICES AND THE SOFTWARE LIES WITH YOU. IN ADDITION, ANY SECURITY MECHANISMS IMPLEMENTED BY THE SOFTWARE OR THE ECASH SERVICES HAVE INHERENT LIMITATIONS, AND YOU MUST DETERMINE THAT THEY MEET YOUR REQUIREMENTS.

11.2
THE SERVICE PROVIDER'S MAXIMUM LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT OR YOUR USE OF THE GAMES, THE SOFTWARE AND THE ECASH SERVICES WHETHER FOR BREACH OF CONTRACT, EQUITABLE DUTY OR IN TORT OR OTHERWISE, WILL BE LIMITED TO THE AMOUNT, IF ANY, YOU PAID TO ACCESS OR USE THE GAMES. NOTHING IN THIS AGREEMENT SHALL LIMIT THE SERVICE PROVIDERS LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY THEIR NEGLIGENCE. BY ACCEPTING THIS AGREEMENT, YOU ACKNOWLEDGE THAT THE LIMITATION ON THE AMOUNT REFERRED TO IN THIS CLAUSE 11.2 REFLECTS JUST FAIR AND EQUITABLE COMPENSATION FOR ANY BREACHES.

11.3
IN NO EVENT WILL THE SERVICE PROVIDERS, THEIR LICENSEES, DISTRIBUTORS, PARENTS, SUBSIDIARIES, AFFILIATES AND ALL OF THEIR OFFICERS, DIRECTORS AND EMPLOYEES, NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SOFTWARE OR THE ECASH SERVICES OR THE GAMES, BE LIABLE FOR ANY DAMAGES OR LOSSES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR PERFORMANCE OF THE SOFTWARE OR THE ECASH SERVICES, SAVE WHERE SUCH DAMAGES OR LOSSES ARISE AS A RESULT OF FAULT OR CULPABLE NEGLIGENCE ON THE PART OF SUCH PERSON/S. OTHER THAN DIRECT LOSS, IN NO EVENT WILL ANY OF SUCH PERSONS BE LIABLE FOR ANY OTHER FORM OF LOSS OR DAMAGE  INCLUDING WITHOUT LIMITATION, SPECIAL, INDIRECT, ECONOMIC, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE LOSS OR DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR PERFORMANCE OF THE SOFTWARE OR THE ECASH SERVICES OR THE GAMES. THIS DISCLAIMER AND LIMITATION APPLIES REGARDLESS OF THE CAUSE OR NATURE OF THE LOSSES OR DAMAGES INCLUDING, WITHOUT LIMITATION, LOST REVENUE OR PROFITS (WHETHER DIRECT OR INDIRECT), INTERRUPTIONS, LOSS OF DATA, INACCURATE RESULTS, OR DELAYS, HOWEVER ARISING AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF THE SERVICE PROVIDERS RECEIVED PRIOR NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. BY ACCEPTING THIS AGREEMENT, YOU ACKNOWLEDGE THAT THIS PROVISION REFLECTS A JUST FAIR AND EQUITABLE ALLOCATION OF RISK.

11.4
ANY ALLOWABLE CLAIM, IF ANY, WHICH YOU MAY BRING AGAINST THE SERVICE PROVIDERS MUST BE BROUGHT NO LATER THAN SIXTY DAYS AFTER THE DATE OF THE EVENT GIVING RISE TO THE CLAIM, AND YOU HEREBY WAIVE ANY RIGHT TO BRING ANY CLAIM NOT BROUGHT WITHIN SUCH PERIOD.

11.5
IF YOU ARE USING ANY THIRD PARTY EQUIPMENT, SOFTWARE OR SERVICES (COLLECTIVELY, THE "THIRD PARTY GOODS/SERVICES") IN CONNECTION WITH YOUR USE OF THE GAMES, THE SOFTWARE OR THE ECASH SERVICES, THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF SUCH THIRD PARTY GOODS/SERVICES RESTS WITH YOU. SHOULD SUCH THIRD PARTY GOODS/SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY REPAIRS OR CORRECTIONS.


12. INDEMNITY

You shall defend, indemnify, and hold the Service Providers, their parents, subsidiaries, partners (including anyone else involved in creating, producing or delivering the Games, the Software and the ECash Services), affiliates, directors, officers, employees, and representatives harmless from and against any and all claims, demands, liabilities, losses, damages, costs and expenses, including legal fees, resulting from, arising out of, or in any way connected with: your misuse of the Games, the Software or the ECash Services, any breach of this Agreement by you, your acts or omissions, the enforcement or protection or clarification of the Service Providers' rights under this Agreement, the processing, reversal or adjustment by GPL of any Transfer Transaction or Authorised Transfer Transaction or Unrecognised Transaction and for any failure by the Service Providers and/or delays (however caused) incurred in the processing, reversal or adjustment by GPL of any Transfer Transaction or Authorised Transfer Transaction or Unrecognised Transaction.


13. AVAILABILITY

GPL shall use reasonable commercial efforts to ensure that:

Notwithstanding the foregoing, the Service Providers shall not be liable for any damages and losses that you or any third party may incur as a result of the Service Providers failure to provide the Games, Software or ECash Services.


14. GENERAL MATTERS

14.1
The relationship between you and the Service Providers under this Agreement is a business relationship and shall not at any time be construed as a partnership, joint venture, trust arrangement, agency or fiduciary relationship of any kind. Nothing in this Agreement shall be construed so as to grant you any security interest whatsoever in the assets of any of the Service Providers.

14.2
If you are importing the Software (or any part of it) from another jurisdiction, you agree to indemnify, defend and hold the Service Providers harmless from and against any import and/or export duties and/or other costs and expenses arising from such importation.

14.3
The rights and obligations under this Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods and/or any local implementing legislation, the application of which is expressly excluded.

14.4
You permit the Service Providers to audit your compliance with this Agreement, as the Service Providers deem necessary in their sole discretion at any time for any reason.

14.5
You will send all communications required in connection with any matter relating to this Agreement and/or any services provided hereunder by the Service Providers by regular mail to the address below, or by electronic mail to the email address below. Any such communication shall be deemed to have been received by applicable Service Provider upon actual receipt thereof.

Gaming Portals Limited
c/o Customer Services
Level 4, The Emporium
St. Louis Street
Msida, MSD 1421
Malta
help@ecashdirect.com

CryptoLogic Operations Ltd
Attention: Director
Suite No. 357

Vincenti Buildings

14/19 Strait Street

Valletta VLT1432

Malta

14.6
The terms and conditions of this Agreement that by their sense and context are intended to survive after performance hereunder shall survive the termination or expiration of this Agreement.

14.7
Any provision of this Agreement that is invalid, illegal or unenforceable in any jurisdiction will be ineffective in that particular jurisdiction, without affecting the validity, legality or enforceability of that provision in other jurisdictions, or invalidating the remaining provisions of this Agreement.

14.8
This Agreement constitutes the entire agreement between you and the Service Providers, and supersedes any prior understandings, agreements or commitments, whether written or oral between you and those parties.

14.9
If the Service Providers need to contact you or give you formal notice under this Agreement they will make such contact or give notice by any reasonable means in the circumstances based on the information that they hold about you or that you have provided them with. Such contact or notice may be by email, letter, fax, other electronic communication or otherwise. If the Service Provider uses the details that it holds on you to serve notice then you will be deemed to have received the notice within a reasonable time after the Service Provider sends it. You agree that you will notify the Service Providers if your contact details change.

14.10
The Service Providers shall not be liable to you for any failure to comply with their obligations under this Agreement to the extent that such failure is beyond their reasonable control.

14.11
You may not assign this Agreement to any third party without the Service Providers prior written consent. Subject to that restriction, this Agreement will be binding on and inure to the benefit of, each of the parties respective successors and assigns. The Service Providers may assign, transfer or novate any or all of their rights and obligations under this Agreement to any third party at anytime without notice to you.

14.12
The original text of this Agreement is in English and any interpretation of this Agreement will be based on the original English text. If this Agreement or any documents or notices related to it are translated into any other language, the original English version will prevail.

14.13
If you have any complaints relating to either the Ecash Service or the Games or any transaction you should raise such complaint promptly (and in any event within one month after conclusion of any relevant transaction). Complaints should first be raised with Customer Services either by email or by telephone and the complaint will be escalated within Customer Services as appropriate. You will be entitled to ask that any complaint is reviewed by a manager or supervisor. If a complaint can not be resolved at that level you will be requested to complete a formal Complaint Form and the complaint will be dealt with by complaints@playershelp.com. You may direct any unresolved complaints to complaints@lga.org.mt.


15. ANTI_MONEY LAUNDERING

You acknowledge that all monies credited to your Ecash Account may only be your own funds derived from legitimate sources and not derived (in particular) from the proceeds of any criminal offence .

You acknowledge and agree that under Anti-money Laundering and Remote Gaming regulations, winnings can only be paid to the same account that the deposit for gaming came from. You further agree to, on request, send any documentation requested by the Service Providers. Any costs for procuring these will be borne by you. The documents the Service Providers may request include, but are not limited to, government issued ID, proof of ownership of the payment method used and proof of permanent domicile. The Service Providers reserve the right to request certified true copies of any documents at their discretion.

16. UNACCEPTABLE BEHAVIOUR

Masking IP or location is not allowed. The Service Providers reserve the right to close any accounts and void any bets if the account was created through the use of IP or geolocation masking technologies (including but not limited to VPN, Proxy Servers etc).

If the Service Providers suspect that you have engaged or attempted to engage in fraudulent, unlawful, dishonest or improper activity while using the Ecash Service or the Games, including without limitation engaging in game manipulation, or the making of any fraudulent payment, or use of a stolen credit or debit card or fraudulent chargeback or money laundering, the Service Providers shall be entitled to take such action as the Service Providers see fit, including, but not limited to seizing any funds in your account, reversing any payments made to you, seeking any civil or criminal remedies available to the Service Providers and to share the information with authorities and with payment processing partners subject to the provisions of the Data Protection Act.

You shall indemnify and shall be liable to pay the Service Providers all costs, charges and losses sustained or incurred by the Service Providers or other end-users of the Ecash service or the Games (including direct, indirect or consequential losses, loss of profit and loss of reputation, and payment for the time of any fraud investigation) arising directly or indirectly from your fraud, dishonesty or criminal act.

17. LAW & JURISDICTION

17.1
This Agreement shall be governed by the laws of Malta as are in force from time. By accepting this Agreement, you agree to submit to the exclusive jurisdiction of the location that the relevant Service Provider determines in its sole discretion in respect of any disputes arising out of, or connected with, this Agreement. Nothing in this paragraph shall prevent the Service Providers from applying to the courts of any jurisdiction for such provisional or protective measures as are available under the laws of that jurisdiction.

17.2
COL holds a Class 1 on 4 Remote Gaming License in Malta, Licence LGA/CL1/282/2006

The Games are powered by GPL software pursuant a Class 4 Remote Gaming Licence in Malta held in the name of WagerLogic Casino Software Limited, Licence LGA/CL4/276/2006.


Version 3.0
17 September, 2012