GENERAL TERMS AND CONDITIONS AS AMENDED ON 01/09/2024

The consumer does not have the right to withdraw from the purchase

IMPORTANT - PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCEPTING THESE AGREEMENTS. WE ADVISE YOU TO PRINT OUT THESE TERMS AND CONDITIONS OF USE AND TO STORE THEM ALONG WITH ALL OTHERFORMS OF COMMUNICATION (FOR EXAMPLE: CONFIRMATION EMAILS, SMS MESSAGES, ADDITIONAL TERMS, TRANSACTION DATA, GAME RULES AND PAYMENT METHODS) RELEVANT TO YOUR USE OF OUR PLATFORMS AND/OR SERVICES. WE WILL NOT FILE ANY CONTRACTSO WE ADVISE YOU TO PRINT THE PRESENT TERMS AND CONDITIONS OUT FOR YOUR RECORDS. THESE TERMS AND CONDITIONS OF USE ARE SUBJECT TO CHANGE (AS SET OUT BELOW). WE THEREFORE ADVISE TO REGULARLY CHECK OUR WEBSITE: www.bwincasino.be FOR ANY POSSIBLE AMENDMENTS TO THESE TERMS AND CONDITIONS OF USE.

By clicking on 'Submit' or 'I Agree' and/or by using the Services (as that term is hereinafter defined) a legally binding agreement based on these Terms and Conditions of Use is concluded between, (a) You, the end user ("You"); and (b) ) the Operator (Entain Operations Ltd and/or the applicable partner depending on the application).

The Operator is also defined as 'We', 'Us' or 'Our' as appropriate.

Entain Operations Ltd (with registered address at Suite 6, Atlantic Suites, Europort Avenue, Gibraltar, registered under the number 112454) has entered into a partnership with INFINITI CASINO OOSTENDE N.V. for the offering of A+ games (casino games)

INFINITI CASINO OOSTENDE N.V. (with registered address at Kursaal-Oosthelling 12, 8400 Oostende and company number VAT BE 0654.960.430) provides services in the context of the A+ licence with licence number A+571352 on bwincasino.be (the 'bwin Platform', ‘bwincasino.be’ or ‘bwincasino.be’), and any other online or mobile platform provided by Us (each individual site being a 'Platform') on which You access Our gaming services, as defined below using Your Account ('Services').

The “end user” is a private person that is contractually bound to INFINITI CASINO OOSTENDE N.V. for the games offered in the respective module and to Entain Operations Ltd for all other aspects.

The Operator has entered into an agreement with Professional Gaming Services, with registered address at Avenue Lavoisier 29, 1300 Limal and company number 0538.717.610, holder of an E-licence with the number 252907, to use the bwin branding and software and to provide certain promotion and support services to the Operator.

In the event that You have any complaints, claims or disputes with regard to any outcome regarding the Services or any other activity performed by Us, You should in first instance contact Us in accordance with Section 22 below. These Terms and Conditions together with the Privacy Policy, the News and Promotions section (Poker, Casino, Games), the Tournaments section (Poker), the How to Play/Getting Started sections and Game Rules sections (Poker, Casino, Games), the Frequently Asked Questions, all additional game rules, the Disconnection and Cancellation Policy, the b’friends Terms and Conditions, Standard Promotional Terms and Conditions, Fees and Commission, the Third-Party Content Policy and any other additional rules and terms published on the Platforms or otherwise notified to You that specifically relate to and govern any particular event, game, software, promotion or tournament constitute a legally binding agreement between You and Us ('Agreements'). You should read all of these documents carefully as each one forms part of the legally binding agreement between You and Us.

IF THESE AGREEMENTS ARE TRANSLATED INTO ANOTHER LANGUAGE, THE DUTCH LANGUAGE VERSION WILL PREVAIL IN THE EVENT OF ANY CONFLICT BETWEEN THE TRANSLATION AND THE DUTCH LANGUAGE VERSION.

Please note that these Terms and Conditions shall prevail in the event of any conflict between these Terms and Conditions and any of the game rules or other documents referred to in these Terms and Conditions, unless provided otherwise

By not or not immediately exercising the rights conferred to Us by means of the present Terms and Conditions, We in no way denounce or abandon the (exercise of these) rights conferred.

By clicking on 'Submit' or 'I Agree' and accepting these Terms and Conditions, or by using Our Services, You are also acknowledging and accepting these Agreements. Access to and use of Our Services are governed by these Agreements. If You have any questions about these Agreements, We would encourage You to seek independent legal advice.

Your attention is drawn to Our Privacy Policy which describes how We deal with and protect Your personal information. By accepting these Terms and Conditions, You are also acknowledging and accepting the Privacy Policy.

The following Services are being offered by Us on Our platforms:

GAMING SERVICES

The gaming services are the services provided by Us via the following Platforms: bwincasino.be and any other gaming platforms provided by Us from time to time (together the 'Gaming Services').

If You are using or intending to use the Gaming Services You must do so in accordance with Section 28 of these Terms and Conditions which applies specifically to the Gaming Services.

1. APPLICABILITY OF AGREEMENTS

By entering Our Website www.bwincasino.be, using Our Services, installing or software and/or by clicking on 'Submit' or 'I Agree' You certify that you have read, understood and accepted the present General Terms and Conditions of Use. You also, yet not exclusively, certify the following:

  • that You have reached the age of 21 to use the Gaming Services;
  • that You have knowledge of and comply with all the relevant legal conditions and obligations in the relevant jurisdiction;
  • that You are aware that failure to comply with these Agreements may result in disqualification, the closure of Your account, forfeiture of funds and/or legal action against You;
  • that You are not prohibited to participate in any games, services etc. provided by Us (for example by a prohibition to gamble, even if demanded voluntarily, by the Belgian Gaming Commission). We can never be held liable nor responsible for possible sanctions imposed upon You by any authority for the use of Our services, Website www.bwincasino.be etc.;
  • that You have no intention in any way or form to perform in illegal activities, cheat or deceive, or participate on behalf or in name of a person or entity other than Yourself;
  • that You are solely responsible and liable for any harm and/or damage caused to Us or any third party through Your actions, communications, etc. on Our platforms and/or Websites;
  • that You make a voluntary choice to make Use of our Platform, services, Website etc. and this at Your own discretion and risk;
  • that You have no intention, at the time of first entry to Our Website www.bwincasino.be or after clicking on 'Submit' or 'I Agree' to commence any legal or other proceedings against Us based on Our content, design, business model, practice, website, etc.;
  • that You are aware about the fact that no progressive jackpots can be won over EUR 25,000.

2. LEGALITY OF USE OF THE SERVICES

2.1

You may only use the Services if You are 21 years of age or older. Moreover, you may only use these services if it is legal for You to do so according to the laws that apply in Your jurisdiction. You confirm that You are not accessing Our Services from outside of Belgium. We reserve the right to ask for a proof of age from You at all time and without reason and Your Account may be suspended until satisfactory proof of age is provided. You understand and accept that We are unable to provide You with any legal advice or assurances and that it is Your sole responsibility to ensure that at all times You comply with the laws that govern You and that You have the complete legal right to use the Services. You acknowledge that underage gambling is not acceptable and we may refer any attempts to do so to the Gaming Commission who may refer the matter to Your local prosecution authorities. Without limitation to the above, access to Our Services may be restricted from certain territories. Any use of the Services is at Your sole option, discretion and risk.

By using the Services, You acknowledge that You do not find the Services to be offensive, objectionable, unfair, or indecent in any way.

3. ACCOUNT/REGISTRATION

3.1

To use the Services, You will first need to register for an account with Us.

3.2

You can only open an account with Us by choosing a unique account name or user ID (as applicable) and password and entering other obligatory information that We ask for on Our registration form such as (but not limited to) Your first and last name, address, email, gender, birth date and telephone number (an 'Account'). You shall ensure that the details provided at registration are accurate an true and You will ensure to inform us, in case of changes to the information provided, about these changes as early as possible, as well as to make the amendments where needed. You can change the details You provide at registration at any time by editing Your Account preferences. Please see Our Privacy Policy for further details. Alternatively, You can contact Us for further information.

3.3

There are no set-up charges for opening Your Account. We are not a bank and funds are not insured by any government agency. All payments to and from Your Account must be paid in the currency (€) available on the Services and shall not bear interest and You shall ensure that all payments into Your Account are from a payment source for which You are the named account holder

3.4

To play Real Money Games or place a wager, You will be required to pay 'real money' funds into Your Account by any of the methods specified from time to time by Us. Such funds will be deposited into Your Account upon actual receipt of funds by Us and/or Our agents. Minimum and maximum limits may be applied to the payments into Your Account, depending upon Your history with Us, the method of deposit, and other factors as determined solely by Us. For further details of current deposit and cash out options and fees please see Cashier.

3.5

You can request withdrawals from Your Account at any time provided all payments made have been received. We reserve the right to pay any requested withdrawal partly or in total via the same method of payment and in the same currency with which deposits were made. When using payment card or an e-wallet to make a deposit, We may elect not to accept any withdrawal request within fourteen (14) days after the deposit.

3.6

To use certain Services You may first need to download and install software as provided on the relevant Platform. With regard to the liability for software or equipment provided, we refer to article 21 hereunder.

4. TRUE IDENTITY AND ONE ACCOUNT

The name on Your Account must match Your true and legal name and identity and the name on Your Account registration must match the name on the payment card(s) or other payment accounts used to deposit or receive monies into Your Account. Accounts can only be held for personal interest and in no way for (semi-)professional reasons nor on behalf of a third party. To verify Your identity, We reserve the right to request satisfactory proof of identity (including but not limited to copies of a valid passport/identity card and/or any payment cards used) and satisfactory proof of address (including but not limited to a recent utility bill or bank statement) at any time. Failure to supply such documentation in due time may result in suspension and/or cancellation of the Account. You may not hold more than one (1) Account in connection with Your use of the Platforms. If You have more than one (1) Account or Accounts in different names, then You must contact Us immediately to have Your Accounts managed so that You only have one (1) Account. We reserve the right to close Your Account(s) if You open multiple Accounts. Should We have reasonable grounds to believe that multiple Accounts have been opened with the intention to defraud the company or circumvent the safety measures, We reserve the right to cancel any transaction related to said fraud attempt. If You have lost Your Account name / User ID or password, please contact Us for a replacement.

5. NO GROUP EMPLOYEES, AFFILIATES OR PROHIBITED PERSONS

If You are (or were within 6 months before accepting the present Terms and Agreements) (i) an officer, director, employee, consultant or agent of the Operator, of the Service Provider, or of one of their direct or indirect subsidiaries (the 'Group'); or (ii) a supplier or vendor of the Group; You are not permitted to register for an Account with Us or to use directly or indirectly any of the Services (each an 'Unauthorised Person'), other than in the course of Your employment as a Group employee. Similarly, relatives (or people living in the same household) of Unauthorised Persons are not permitted to register with Us or to use directly or indirectly any of the Services. For these purposes, the term 'relative' shall include (but not be limited to) any of a spouse, partner, parent, child or sibling.

6. YOUR USE OF THE SERVICES

6.1

We reserve the right to suspend, modify, remove and/or add to any of the Services in Our sole discretion with immediate effect and without notice and We will not be liable for any such action and/or its consequences.

6.2

We forbid the use of all unfair practices when using the Services. We do this to protect Our customers and the integrity of the Services. Please read Our Unfair Advantage Policy which is incorporated in these Agreements for further details and Our Anti-Cheating Policy at section 27.4. If any customer is found to be participating in any form of collusion or other activities that We consider to constitute cheating, as well as for any indication of money laundering activities, his or her account may be permanently closed and any balance may be at risk of forfeiture or withholding as per section 17 of these terms and conditions.

6.3

We forbid the posting of any prohibited Third Party Content (as that term is hereinafter defined in article 12) on Our Platforms. Please read Our Third Party Content Policy which is incorporated in these Agreements for further details.

6.4

We reserve the right to suspend Your use of certain of our Services, Platforms or any games on our Platforms from time to time.

6.5

No communications or information published on the Services is intended to constitute legal or tax advice and we accept no liability for any reliance on such content.

6.6

For the purpose of any reference to time in connection with your use of the Services, We use the timezone GMT +1 (Brussels) unless otherwise specified.

6.7

For the purpose of any reference to time in connection with your use of the Services, We use the timezone GMT+1 unless otherwise specified.

7. INTELLECTUAL PROPERTY

The terms bwin, and any other signs used by the Group are the trade marks, service marks, trade names of the Group or one of its subsidiaries or associated companies or its licensors. Further, all other material used by Group, including but not limited to the website, software, images, pictures, graphics, logos, photographs, animations, data, videos, music, audio, text (and any intellectual property rights in and to any of the same) is owned by the Group or one of its subsidiaries or associated group companies and/or licensors and is protected by copyright and/or other intellectual property rights. No intellectual property rights in any form or way, including copyright material or trade or service marks, are transferred to You by the use of Our Website www.bwincasino.be or Services, and none of these rights can be used without the explicit written permission of the Group.

8. ELECTRONIC SERVICES PROVIDER

In order to use the Services, You will be required to send money to and may be presupposed to receive money from Us. We may use third-party electronic payment processors and/or financial institutions ('ESPs') to process such financial transactions. You irrevocably authorise Us, as necessary, to instruct such ESPs to handle Account deposits and withdrawals from Your Account and You irrevocably agree that We may give such instructions on Your behalf in accordance with Your requests as submitted using the relevant feature on Our Platforms. You agree to be bound by the terms and conditions of use of each applicable ESP. In the event of conflict between these Agreements and the ESP's terms and conditions then these Agreements shall prevail.

9. CASH OUTS

9.1

Your account balance is the amount of real money held in Your Account (if any), plus any winnings and/or minus any losses accrued from using the Services, less any rakes or entry or other fees, if applicable, and less any amounts previously withdrawn by You or amounts forfeited or reclaimed by Us due to any known or suspected fraud or due to deposits or other transactions rejected or cancelled by Your bank or any relevant third-party bank (whether as a result of insufficient funds, charge-backs or otherwise) or any sums which are otherwise deductible or forfeited under these Agreements ('Account Balance').

9.2

Acceptance of a cash out request is subject to You having made a real-money deposit in Your Account, any deposit method restrictions and/or Security Reviews (see Section 16 below) and any other terms of these Agreements. All amounts You withdraw are subject to the transaction limits and any processing fees for deposits and withdrawal methods that We notify You of before cashing out. For further details of current deposit and cash out options and fees please see Cashier.

9.3 

We may report and withhold any amount from Your winnings in order to comply with any applicable law. All taxes due in connection with any winnings awarded to You are Your sole liability. Account balances cannot be transferred, substituted or redeemed for any other prize. Payment of funds which You withdraw shall be made by cheque, wire transfer, payment card and/or any other manner which We select in Our sole discretion, although We will try to accommodate Your preferences as indicated by You when You register.

9.4

Payments will be made as soon as reasonably possible (subject to up to 2 business days internal processing time), although there may be delays due to any Security Review (see Section 16 below) undertaken by Us and save where We (with)hold any such payments in accordance with these Agreements.

9.5

All Payments made by bank transfer in EUR within the SEPA region will be processed in accordance with the SEPA criteria. This means that both the remitter and the receiver will be charged regular domestic fees for the transaction by their respective banks, even if the transfer takes place between two different countries within the SEPA region.

10. INACTIVE ACCOUNT AND ABANDONMENT OF ACCOUNTS

10.1

If You do not access Your Account by 'logging on' to Your Account using Your Account name / User ID and password and either (i) place a cash wager via the Services, or (ii) enter a tournament with a cash entry fee via the Gaming Services, or (iii) play a raked hand via the Gaming Services, or (iv) make a deposit as applicable, for any consecutive period of 365 days, then after those 365 days (the 'Grace Period') Your Account (and any related account with any ESP) will be deemed 'Inactive'.

10.2

If We continue to deem Your Account Inactive for a period of eighteen consecutive calendar months, in order to safeguard Your monies, We may withhold any remaining monies in Your Account and close Your Account. You may contact Us to reclaim any such withheld monies at any time.

Your Account is re-activated by entering a tournament or making a cash wager, by playing a raked hand or by making a deposit.

11. THIRD PARTY CONTENT

11.1

Abusive or offensive language will not be tolerated on Our chat boards, or otherwise by You on the Platforms or with Group staff. In addition, You are not entitled to make untrue and/or malicious and/or damaging comments with regard to the Group's operation in any media or forum.

11.2

In accordance with the terms of Our Third-Party Content policy, We may at any given time and without warning reject or delete any text, files, images, photos, video, sounds, or any other materials ('Third Party Content') posted by You on the Platforms which in Our sole opinion breaches the terms of these Agreements.

11.3

Any violation of this policy may result in removal of the Third Party Content, a suspension of Your use of the Services and/or such other action as may be reasonably required by Us to ensure compliance as well as compensation for damages to the Group

12. DISCLOSURE OF ACCOUNT NAME / USER ID AND PASSWORD

The Account name / User ID and password selected when You apply for membership should not be disclosed to any third party. You are solely responsible for the security of Your Account name / User ID and password.

You agree to keep Your Account name / User ID and password secret and confidential and not to allow anyone else to use it. Every person who identifies themselves by entering a correct Account name / User ID and password is assumed by Us to be the rightful Account holder and all transactions where the Account name / User ID and password have been entered correctly will be regarded as valid. In no event will We be liable for any loss You suffer as a result of any unauthorised use or misuse of Your login details. We shall not be required to maintain Account names / User IDs or passwords. If You have lost Your Account name / User ID, password or any log-in details, please contact Us on the day of discovery for a replacement. If You misplace, forget, or lose Your Account name / User ID, password or other log-in details as a result of anything other than Our error, We shall not be liable. We furthermore retain the right to suspend and/or cancel your account if We have indications of an abuse of Your Account name / User ID and/or password.

13. FRAUDULENT ACTIVITIES, PROHIBITED TRANSACTIONS AND FAILED DEPOSITS

We have a zero tolerance policy towards inappropriate play and fraudulent activity. If, in Our sole determination, You are found to have cheated or attempted to defraud Us and/or the Group or any other user of any of the Services in any way, including but not limited to game manipulation or payment fraud, wagering on all possible outcomes of a game or if We suspect You of fraudulent payment, including use of stolen payment cards, or any other fraudulent activity (including but not limited to any chargeback or other reversal of a payment) or prohibited transaction (including but not limited to money laundering) or if Your deposits failed to be honoured by Your bank for any reason, We reserve the right to suspend and/or close Your Account and recover bad debts using whichever method may lawfully be available to Us including, but not limited to, (i) debiting the amount owed by You from Your Account; and (ii) instructing third party collections agencies to collect the debt. This may have a detrimental impact on Your credit rating and will require Us to share Your personal information (including Your identity) with appropriate agencies and to report any criminal or suspicious activities to the appropriate authorities.

We reserve the right to void and withhold any or all winnings made by any person or group of persons and to void and withhold any Player Points gained by any person or group of persons where We have reasonable grounds to believe that said person or group of persons is acting or has acted in liaison in an attempt to defraud or damage Us and/or the Group and/or the Services and/or the Platforms in any way.

In the interests of data protection, security and avoidance of fraud We do not permit use of any communication channels included within the Services and/or the Platforms (including but not limited to dealer table chat boards) to offer or promote any offers, products and services (whether Yours or a third party's). You are expressly prohibited from posting information or contacting Our customers to offer or promote any offers, products or services.

14. ERRORS

You must inform Us as soon as You become aware of any errors with respect to Your Account or any calculations with respect to any wager You have placed. In the event of such error or any system failure or game error (a divergence from the normal functioning of the game logic for whatever reason) that results in an error in any odds calculation, charges, fees, rake or payout, ('Error') We will seek to place all parties directly affected by such Error in the position they were in before the Error occurred. We reserve the right to declare null and void any wagers that were the subject of such Error and to take any money from Your Account relating to the relevant wagers, if there are insufficient funds in Your Account, We may demand that You pay Us the relevant outstanding amount relating to these wagers. In all circumstances whereby We (in Our sole discretion) determine an Error has been used to gain an unfair advantage, We reserve the right to consider this activity to be subject to Section 17 (Forfeiture & Account Closure) of these Terms and Conditions.

15. SECURITY REVIEW

To maintain a high level of security and integrity in the system, We reserve the right to conduct a security review at any time to validate Your identity, age, the registration data provided by You, to verify Your use of the Services, including but not limited to Your compliance with these Agreements and the policies of the Group and Your financial transactions carried out via the Services for potential breach of these Agreements and of applicable law (a 'Security Review'). As such You authorize Us and Our agents to make any inquiries of You and for Us to use and disclose to any third party We consider necessary to validate the information You provide to Us or should provide to Us in accordance with these Agreements, including but not limited to, ordering a credit report and/or otherwise verifying the information against third party databases. In addition, to facilitate these Security Reviews, You agree to provide such information or documentation as We, in Our unfettered discretion, may request.

16. FORFEITURE & ACCOUNT CLOSURE

16.1

WE RESERVE THE RIGHT, IN OUR UNFETTERED DISCRETION AND IN RELATION TO YOUR ACCOUNT, ANY RELATED ESP (as that term is defined at clause 8) ACCOUNT, ANY ACCOUNTS YOU MAY HAVE WITH OTHER SITES AND/OR CASINOS AND/OR SERVICES OWNED OR OPERATED BY OR ON BEHALF OF THE GROUP AND, IN THE CASE OF YOUR USE OF THE GAMING SERVICES, ANY SERVICES THAT SHARE THE SHARED GAME/TABLE PLATFORM, TO TERMINATE THESE AGREEMENTS, WITHHOLD YOUR ACCOUNT BALANCE, SUSPEND YOUR ACCOUNT, AND RECOVER FROM SUCH ACCOUNT THE AMOUNT OF ANY AFFECTED PAY-OUTS AND WINNINGS IF:

16.1.1

You are in material breach of any of these Agreements;

16.1.2

We become aware that You have used or attempted to use the Services for the purposes of fraud, collusion (including in relation to charge-backs) or unlawful or improper activity.

16.1.3

We become aware that You have played at any other online gambling site or services and are suspected of fraud, collusion (including in relation to charge-backs) or unlawful or improper activity;

16.1.4

You have 'charged back' or denied any of the purchases or deposits that You made to Your Account;

16.1.5

You become bankrupt or analogous proceedings occur anywhere in the world; or

16.1.6

We are requested to do so as a result from regulatory changes or obligations imposed by the Belgian Gaming Commission/Belgian law.

17. TERMINATION

17.1

You are entitled to close Your Account and terminate these Agreements on seven (7) days notice to Us by withdrawing the entire balance from Your Account and sending a letter or email or telephoning Us using the details at 'contact Us'. We will respond within a reasonable time provided that You continue to assume responsibility for all activity on Your Account until such closure has been affected by Us.

17.2

We take Responsible Gaming seriously. If You would like Us to close Your Account for responsible gaming reasons please email responsible.gaming@bwincasino.be and We will endeavour to close Your Account as soon as reasonably possible We furthermore refer to the following "Folder on addiction" on the website of the Belgian Gaming Commission: https://www.gamingcommission.be/opencms/export/sites/default/jhksweb_nl/documents/EN_Folder.pdf

17.3

Without limitation to section 17, We are entitled to terminate these Agreements on seven (7) days notice (or attempted notice) to You at the email address You have provided to Us. In the event of termination by Us, We shall give notice of the termination to You via email and, other than where termination is pursuant to section 17, as soon as reasonably practicable refund the balance of Your Account. Where We have terminated pursuant to section 17, any payouts and winnings in Your Account are non-refundable and deemed forfeited.

17.4

Termination of these Agreements will not affect any outstanding wagers, PROVIDED that any outstanding wagers are valid and are not in breach of these Agreements in any way.

17.5

The following Sections of these Terms and Conditions shall survive any termination of these Agreements by either party: 14, 17, 18, 19, 21, 22, 23, 24 and 25, along with any other Sections which are required for the purposes of interpretation.

18. COMPENSATION

YOU AGREE THAT YOU WILL ONLY USE THE SERVICES IN ACCORDANCE WITH THE TERMS AND CONDITIONS SET OUT IN THE AGREEMENTS. YOU WILL COMPENSATE US IN FULL FOR ANY LOSSES OR COSTS (INCUDING REASONABLE LEGAL FEES) WHICH WE (OR ANY MEMBER OF OUR GROUPS) INCUR ARISING FROM ANY BREACH BY YOU OF THESE AGREEMENTS.

19. SELF-EXCLUSION

19.1

If You have elected to use any of the self-exclusion tools in connection with any of the Platforms provided, You acknowledge and agree that You are not permitted to open or use a new Account ('Additional Account') during the self-exclusion period You have selected.

19.2

In the event of a breach by You of 19.1 above, We shall additionally be entitled (but not obliged) to suspend any funds You may deposit (or have previously deposited) in any Additional Account.

19.3

For the avoidance of doubt, in the event of a breach by You of 19.1 above, We shall not be liable to refund to You any funds You may wager in any Additional Account during the self-exclusion period You have selected.

20. LIMITATIONS AND EXCLUSIONS

20.1

YOUR ACCESS TO THE PLATFORMS, DOWNLOAD OF ANY SOFTWARE RELATING TO THE SERVICES FROM THE PLATFORMS AND USE OF THE SERVICES OR ANY INFORMATION WE MAY PROVIDE IN CONNECTION WITH YOUR USE OF THE SERVICES IS AT YOUR SOLE OPTION, DISCRETION AND RISK. WE SHALL NOT BE LIABLE FOR ANY MALFUNCTIONS OF THE COMPUTER PROGRAMS RELATING TO THE SERVICES WE MAKE AVAILABLE FROM THE PLATFORMS, ERRORS AS DESCRIBED IN SECTION 14, BUGS OR VIRUSES RESULTING IN LOST DATA OR ANY OTHER DAMAGE TO YOUR COMPUTER EQUIPMENT, MOBILE PHONE OR MOBILE DEVICE, OR SOFTWARE. FURTHERMORE, WE SHALL NOT BE LIABLE FOR ANY ATTEMPTS BY YOU TO USE THE SERVICES BY METHODS, MEANS OR WAYS NOT INTENDED BY US.

20.2

WE WILL PROVIDE THE SERVICES WITH REASONABLE SKILL AND CARE AND SUBSTANTIALLY AS DESCRIBED IN THE AGREEMENTS. WE DO NOT MAKE ANY OTHER PROMISES OR WARRANTIES ABOUT THE SERVICES AND ITS AVAILABILITY. IN CASE OF A TECHNICAL FAILURE, WE WILL MAKE ALL REASONABLE EFFORTS TO RESTORE THE SERVICE AS SOON AS POSSIBLE. WE ARE HOWEVER NOT REQUIRED TO PROVIDE REDUNDANT OR BACKUP NETWORKS AND/OR SYSTEMS.

20.3

OUR MAXIMUM LIABILITY, IF ANY, TO YOU OR ANY THIRD PARTY ARISING OUT OF THESE AGREEMENTS OR YOUR USE OF THE SERVICES OR THE COMPUTER PROGRAMS RELATING TO THE SERVICES WE MAKE AVAILABLE FROM THE PLATFORMS, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL BE LIMITED IN ANY TWELVE (12) MONTH PERIOD TO THE AMOUNT, IF ANY, YOU HAVE PAID FROM YOUR ACCOUNT IN BETS, RAKES AND/OR FEES, AS APPLICABLE, IN THE SAME TWELVE (12) MONTH PERIOD AND IN RELATION TO THE SERVICE RELEVANT TO WHICH THE LIABILITY IN QUESTION HAS ARISEN.

20.4

THE GROUP (INCLUDING ITS OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES) WILL NOT BE LIABLE TO YOU IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR ANY BUSINESS LOSSES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, PROFITS, REVENUE, BUSINESS, OPPORTUNITY, GOODWILL, REPUTATION OR BUSINESS INTERRUPTION OR FOR ANY LOSSES WHICH ARE NOT CURRENTLY FORESEEABLE BY THE GROUP ARISING OUT OF THESE AGREEMENTS OR YOUR USE OF THE SERVICES.

20.5

NOTHING IN THESE AGREEMENTS WILL OPERATE SO AS TO EXCLUDE ANY LIABILITY WE MAY HAVE IN RESPECT OF EITHER FRAUD, OR DEATH, OR PERSONAL INJURY OR, WITH REGARDS TO CONSUMERS, A MATERIAL BREACH OR (EXCEPT IN CASE OF FORCE MAJEURE) THE NON-PERFORMANCE OF AN ESSENTIAL OBLIGATION UNDER THIS AGREEMENT, AND CAUSED BY OUR NEGLIGENCE OR INTENTIONAL FAULT.

21. NOTICES/COMPLAINTS

If You have any complaints, claims or disputes with regard to any outcome regarding the Services or any other activity, You must submit Your complaint to Us in writing as soon as is reasonably practicable following the date of the original transaction to which the claim or dispute refers. Complaints may be submitted to Us in writing to:

For the Casino Module: Customer Services Infiniti Casino Oostende, Kursaal-Oosthelling 12, 8400 Oostende

For all other issues: Customer Services Manager, Suite 6, Atlantic Suites, Europort Avenue, Gibraltar,

Or via the contact us form

Any notice We give to You (save as otherwise set out herein) will be sent to the email address that You provide when You register Your Account. It is Your responsibility to give Us notice of any changes to this address through the 'Change Email' facility in the Service Provider's software and to regularly check Your email account for emails from Us.

You can always submit your complaint to the European ODR-Plaftform: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show

To the extent that You are not satisfied with Our response You may contact The Belgian Gaming Commission at ksc.cjh@gamingcommission.be

22. DATA PROTECTION

22.1

We may share Your personal data with any of Our agents who may only use such data for strictly the same purposes as We shall specify and within the terms of these Agreements. We shall use Your personal data in accordance with the Privacy Policy. Where We enter into a partnership with a third party whereby they carry out certain functions for Us or We operate under the brand of a third party, We may share and/or transfer your Personal Information and any other data relating to your use of the Service with such third party to the extent necessary to the provision of the Service. By using the Service and agreeing to these terms you hereby give your consent, for the purposes of all and any applicable data protection legislation and associated regulations, for Us to share and/or transfer this information and personal data to such third parties.

22.2

You should assume that all use of Our website, and emails, SMS and telephone calls between You and Us will be recorded. These recordings will be Our property and may be used as evidence in the event of any dispute or to improve customer services. These recordings will be kept for a period of 36 months.

23. GOVERNING LAW

These Agreements shall be governed by and construed in accordance with the laws of Belgium.

24. ASSIGNMENT

We reserve the right to transfer, assign, sublicense or pledge these Agreements, in whole or in part, to any person (but without Your consent) without notice, provided that any such assignment will be on the same terms or terms that are no less advantageous to You. You may not assign, sublicense or otherwise transfer in any manner whatsoever any of Your rights or obligations under these Agreements.

25. THIRD PARTY RIGHTS

25.1

Except insofar as these Agreements expressly provide that a third party may in their own right enforce a term of these Agreements, a person who is not a party to these Agreements has no right under local law or statute to rely upon or enforce any term of these Agreements but this does not affect any right or remedy of a third party which exists or is available other than under local law or statute.

25.2

For the avoidance of doubt, each member of the Group is an intended third party beneficiary of these Agreements.

26. ENTIRE AGREEMENT, MODIFICATION AND AMENDMENTS

You fully understand and agree to be bound by these Agreements and as modified and/or amended by Us from time to time. We may amend these Agreements at any time either by emailing or SMS messaging You notification of the new terms and/or by publishing the modified Agreement(s) on the relevant page of the Platforms or any place through which You access the Services. Any such modification will take effect within thirty (30) days of publication. If any modification is unacceptable to You, Your only recourse is to terminate these Agreements. Your continued use of the Services following notification or as the case may be such thirty (30) day period will be deemed binding acceptance of the modification. It is Your sole responsibility to review these Agreements and any amendments each time You play. These Agreements and the documents referred to herein represent the complete and final agreement between You and Us in relation to these agreements and supersede any and all prior agreements between You and Us.

28. GAMING SERVICES

27.1

The following terms apply to Your use of the Gaming Services. Please note that in the event of any conflict between this Section 27 and the remaining Sections of these Terms and Conditions, the remaining Sections of these Terms and Conditions shall prevail.

27.2 Rules and Procedures of the Gaming Services

You must use the Gaming Services in accordance with the generally accepted games rules set out in the Game Rules section, and the procedures relevant to the Gaming Service You are using specifically set out in the Games section of the bwincasino.be online site, including but not limited to the Promotions section, Tournaments section, Game Instructions & Rules section, the b'friends section, How to Play, Table Stakes, Tournaments, Tournament Rules, Poker Etiquette section and any other page that specifically relates to and governs any particular event, game or tournament ('Rules').

27.3 Cheating

27.3.1 Anti-Cheating Policy

We are committed to preventing the use of unfair practices in the Gaming Services, including but not limited to player collusion, non-human players (bots), chip-dumping, scripting and other forms of inappropriate behaviour that provide players with an unfair advantage (Unfair Advantage Policy) over other players on the site. We are also committed to detecting and preventing the use of software programs which are designed to enable artificial intelligence to play on Our Platforms including, but not limited to, opponent-profiling, cheating software or anything else that We deem enables You to have an unfair advantage over other players not using such programs or systems ('AI Software'). You acknowledge that We will take measures to detect and prevent the use of such programs and AI Software using methods (including but not limited to reading the list of currently running programs on a player's computer) and You agree not to use any AI Software and/or any such programs. In the event that We suspect that a player has been involved in any practices outlined in this Clause 29.4 or any other practices which We deem to be unfair or fraudulent, We reserve a right, in Our sole discretion, to block their account and permanently withhold available funds from within such accounts. No player shall have the right to require Us to take any other steps against players suspected of collusion, cheating, scripting or any other form of unfair or fraudulent behaviour. If a player has been cheated on by another player when using the Services, We shall only refund the amounts lost by the player as a result of being cheated in the event that We can locate the cheating account and access the funds in question. In the event that more than one player is affected by the cheating account and We can allocate that cheating account, then the remaining funds in the cheating account will be distributed on a pro-rata basis in accordance with the loss of each affected player.

27.3.2 Collusion and Cheating

Collusion occurs when two or more players attempt to gain an unfair advantage by sharing knowledge of their cards or other information. Any player who in our reasonable opinion colludes or attempts to collude with any other player while using the Services may be permanently banned from using the Services or the software, their account may be terminated immediately and We shall be entitled to retain all monies in such player's account. If You suspect that any player is colluding with another or cheating, please Contact Us.

27.3.3 Automatic Players (Bots)

The use of Bot software programs is prohibited and We deem its use detrimental to other players. Our software may perform any or all of the following functions in order to detect the use of illicit automated programs and ensure that We maintain a 'cheat free' environment for all users: (1) scan Your list of active software applications while You are using the Services; (2) scan Your list of active processes while You are using the Services; and (3) scan the files in Your Services and site-related program folders to ensure that only 'non-hacked' versions of Our software are being used. If any of the foregoing processes reveals a suspect application or process, Our software may scan the files associated with the suspect application or process and compile a composite mesh (i.e., a profile that characterizes the files associated with the application or process) to be matched against profiles for known illicit automated programs. Our software will not perform any random search of large portions of Your hard drive, equipment or files, and it will not transmit any information to Us or to any third party other than the information necessary to identify use of illicit automated programs as described above. Our software will not alter any files or information on Your computer or other equipment and will not interfere with the operation of any of Your applications. You may terminate use of Our software at any time by uninstalling Our software package. We rely on legitimate interest to carry out this processing and We aim to provide a safe and fair gaming platform for all Our players. You can review Our privacy notice here.

27.3.4 Chip-Dumping

Chip dumping occurs when any player intentionally loses a hand in order to deliberately transfer his chips to another player. Any player who we reasonably suspect of participating or attempting to participate in chip-dumping with any other player, while using the Services may be permanently banned from using the Services and their account may be terminated immediately. If You suspect that any player is participating in chip dumping, please Contact Us.

27.4 Software

You may install and use the software We make available from the Platforms used to provide the Gaming Services (the 'Software') on a hard disk or other storage device and make backup copies of the Software, provided that such use and backup copying is only for Your own personal use in using the Gaming Services in accordance with these Agreements, and further, that such installation and use is made through a computer or other device of which You are the primary user. The Software's structure, organisation and code are the valuable trade secrets of the Group and/or its associated companies and/or its licensors. You obtain no rights to the Software except to use it in accordance with these Agreements. Save as expressly permitted by law, You are strictly prohibited from, and agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software or any part of it or to create, publish or distribute derivative works from the Software. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by any applicable laws, restrictions or regulations.

27.5 Shared Games, Table and Database Platform

We reserve the right, but are not obliged, to run and utilise a shared table, server and database platform or system ('Shared Game/Table Platform') which enables Gaming Service users to play with players coming into the games, tables and tournaments from other websites and brands operating on the same Shared Game/Table Platform. If a Shared Game/Table Platform is used, You agree that You may be pooled into these common game/tables, at Our sole discretion, and that to the extent that You breach the terms and conditions of one site or brand that operates on the Shared Game/Table Platform, We may have You blocked, in part or full, from the entire system so that You may not play through any site or brand using or on the Shared Game/Table Platform. Without limitation to the restriction on having multiple Accounts with Us (please see Section 4), We may require that You only have one Account on the Shared Game/Table Platform if the same is used.

27.6 Play Money and Real Money Account Funding

'Play money' funds have no value and are kept separate from 'real money' funds. They are not transferable to a 'real money' account nor are they redeemable for any currency. We do not promise to accurately record the number of play money chips held by You and Your play money chips may be lost at any time. Further, We reserve the right to set a maximum chip limit for play money Accounts.

27.7 Settlement of In-Game Disputes

You fully accept and agree that random number generator ('RNG') software will determine the shuffling and dealing of cards and other randomly generated events required in the Gaming Services. If there is a discrepancy between the result showing on the Software (as installed and operated on Your hardware) and Our server, the result showing on Our server shall govern the result. Moreover, You understand and agree that (without prejudice to Your other rights and remedies) Our records shall be the final authority in determining the terms of Your use of the Gaming Services, the activity resulting therefrom and the circumstances in which such activity occurred.

27.8 Real Money Game and Tournament Currency

Where a Real Money Game or tournament is only available in a currency which is different from Your Account Currency You may in some cases be given the option to buy-in to the same in the currency of the relevant game/tournament. Such buy-in (together with any winnings) will be subject to the terms and Exchange Rates offered by Us at the relevant time. Please see Currency Converter and Frequently Asked Questions for further details. In all other cases You will only be permitted to place wagers in Your Account currency.

28. MEMBERSHIP OF OUR VIP PROGRAMME

We may offer, withdraw, revoke and/ or amend the terms of any membership of Our VIP programme at any time. For the avoidance of doubt, membership of Our VIP programme is at Our sole discretion and Your status as a member of Our VIP programme may be altered by Us at any time.

PLEASE PRINT THESE TERMS AND CONDITIONS AND STORE FOR YOUR FUTURE REFERENCE. IN ADDITION, WE SUGGEST THAT YOU PRINT AND STORE ALL TRANSACTION RECEIPTS AND GAME RULES AS APPLICABLE TO YOUR ACTIVITIES.

If You have any questions, please contact Customer Services.