TERMS AND CONDITIONS
General terms and conditions
2. The parties
2.1 All clauses of the Agreement that contain the pronouns “we”, “us”, “our” or “Company” refer to the company GOLDEN LINE SOCIEDAD DE RESPONSABILIDAD LIMITADA with which the user concludes the Agreement under the herein before mentioned provisions.
3. Changing conditions
3.1 It is understood between the parties that we keep the right to modify, edit, update, revise and change the Agreement for a variety of reasons: commercial, legal, and connected with customer service, or any other event which is deemed sufficient by the Company. Valid terms and conditions of the Agreement and the date of their entry into legal force are displayed on the Website. We inform the users about any changes,amendments, and additions in the Agreement by posting an updated version of the Agreement on the Website. The user is personally liable for checking the Agreement for any modifications. Company reserves the right to modify the Agreement at any time without the preliminary notice.
3.2 In the instance of disagreement with the updated version of the Agreement, the user has the right to discontinue using the Website. User’s continued use of the Website following the posting of any changes in the Agreement automatically constitutes acceptance of those changes.
4. Legal requirements
4.1 Persons under the age of 18 or under the legal age at are not allowed to use the Website. Use of the Website by persons under the Allowed age is a direct violation of the Agreement. In connection therewith we have the right to demand a legal document that ensures that the user is of the Allowed age. The company may refuse to offer the service to or suspend the account of any person who, at our request, fails to provide a document that can ensure that the user is of the Allowed age.
4.2 It is not our purpose or intention to provide services that do not comply with the applicable laws of the member’s jurisdiction. By accepting the Agreement, the member confirms and guarantees that he/she is using the Website in compliance with applicable laws and regulations of his/her jurisdiction. The Company is not to be held responsible for illegal use of the Website.
4.3 The members are fully responsible for paying taxes and fees in case of obtaining any prizes and/or winnings that are subject to taxes or fees as a result of using the Website. In such event, the user is also responsible for providing the report on the winnings and/or losses to the authorities.
5. Account opening
5.1 To gain access to all services of the Website, the user is required to create an account. In order to do so, the member is required to enter his/her email address and generate a password that will be further used to access the account. The member is also required to provide personal data: telephone number, date of birth, country of citizenship, bank account number (to which the winnings will be transferred), bank name and the SWIFT code of the bank.
5.2. To confirm the information provided by the user, the Company possess the right to request an identity proof documents from the user. In the event that the user cannot provide the identity proof document, the Company may suspend his/her account until the document is provided, or terminate the account if he/she eventually fails to provide the document.
5.3 The user is obliged to provide true, accurate, and complete information about him or herself when registering on the Website. The user is required to change the data provided to the Website in case the previously provided data is no longer accurate or true.
5.4 In case of any questions or problems when registering on the Website, the member can contact the support service by sending an email to the following email address: email@example.com.
5.5 Each member can create only one account on the Website. Any other accounts opened on the Website will be treated as duplicate accounts. We have the right to close such duplicate accounts and:
5.5.1 all transactions performed from the duplicate accounts will be made void;
5.5.2 return all deposits and bets made during the use of the duplicate account;
5.5.3 demand back all winnings, bonuses, prizes and funds received by the member during the use of the duplicate account. The member is oblidged to return them on our first request.
6. Verification of your identity. Requirements for protection against money laundering.
6.1. By accepting the Agreement, the member acknowledges, agrees, and warrants that:
6.1.1. the member is 18 years old;
6.1.2. the member is a sole and legal owner of the funds that he/she uses to participate in voting and other games on the Website. The information that the member provided is genuine, valid and accurate;
6.1.3. the member is aware that the use of the Website services can result in loss of funds and is fully responsible for any possible losses. The member confirms that he/she uses the services of the Website of his/her own free will and motion at his/her own risk. The member agrees not to hold a demand against the Company in case of damages and losses;
6.1.4. the member fully understands the process, the methods and rules of services and online games. The member is aware of the responsibility for the accuracy of the data provided, deposits, bets, and games. The member agrees to avoid any action or behavior that could harm both the Company and its reputation.
6.2. By accepting the terms of the Agreement, the member gives us the right to conduct any inspections/verifications (at our discretion, as well as third parties including regulatory authorities) to verify the member's identity and contact information.
6.3. At the time of inspections possibility of withdrawing funds and prizes from the member's account may be delayed.
6.4. If in the course of inspections it is established that the member has provided us with false information, it will be regarded as a violation of the terms of the Agreement, which, in turn, gives us the right to close the member's account immediately and bar from using of the Website, in addition to any other actions at our discretion.
6.5. If we cannot confirm that the member is of the Allowed age, we have the right to suspend his/her account. If at the time of gambling, the member was under the Allowed age then:
6.5.1. the member's account will be closed;
6.5.2. all transactions made by the member from his/her account during this period of time will be considered invalid;
6.5.3. all deposits, bets made during this period of time will be cancelled and returned;
6.5.4. any financial winnings, prizes received by the member during the period of time when he/she was under the Allowed age, will be considered invalid and the member will be obliged to return all the funds and prizes to our Company on our first request.
7. Username, password and security
7.1 The member's name and password are confidential and, after opening an account on the Website, shall in no case be disclosed to third parties. In case of lost password it can be retrieved.
7.2 The member is responsible for the security of his/her password and any activities that take place in his/her account. The member is solely responsible for the losses in his/her account, associated with the action of third parties.
7.3 In case of any security violations and unauthorized access to account, the member must immediately inform the Company. If necessary, the member is oblidged to provide proof of unauthorized access. The Company is not liable for any damage caused due to incorrect or unadvised use of the member's password by third parties or unauthorized access to the member's account.
8. Withdrawals and prize claiming
8.1. In order to take part in votes on the Website, the member must make required contributions towards prize pool.
8.2. The member accepts and agrees that:
8.2.1. contributions towards the prize fund are not illegal or have prohibited or criminal origin;
8.2.2. he/she will not refuse any of the transactions, will not refuse or cancel any of the payments, which may result in refunds of payments to third parties to evade legal responsibility.
8.3. we do not accept funds from third parties: relatives, friends or partners. The member is oblidged to deposit money to his/her account directly from the accounts, payment card, or a system, registered in the member's name. In the event of confirmation of any violations, all winnings, prizes may be confiscated.
8.4. By requesting a bank transfer to return the funds to the rightful owner, all bank charges and fees are covered by the receiver of money.
8.5. We do not accept money in cash. We can engage third-party organizations and/or financial institutions to process both your electronic payments and payments to the member. If the terms and conditions of such organizations are not inconsistent with the Agreement, the member fully accepts these rules.
8.6. The member agrees not to refuse, cancel any of the transactions made with the involvement of his/her account. Moreover, in case of violation of this condition, the member agrees to return or compensate not allocated funds and to compensate all costs associated with the collection of the member's deposit funds.
8.7. We hold the right to block the member's account, as well as to annulate any payouts and recover any winnings in case we suspect fraudulent cash replenishments (including prize fund contributions). We have the right to provide information to the relevant authorities about any fraud with payments or other illegal activities. We can hire credit reporting agencies in order to return payments. The Company is not liable for any unauthorized use of credit cards, regardless of whether or not it was declared about the theft of credit cards.
8.8. We hold the right to use the member's winnings or prizes to cover any sums of money that the member is oblidged to pay to the Company, including cases of re-betting or betting in accordance with provision 5.5, paragraph 9 ("Conspiracy, misleading actions, fraud and criminal activity") or paragraph 14 ( "Errors and omissions").
8.9. The member holds the right to receive payout or claim prize under the following conditions:
8.10.1. all replenishments of the prize fund have been checked and none of them were cancelled or annulated;
8.10.2. all the verification actions mentioned in the 6th section were made correctly;
8.10.3. the information in the member's profile is filled in completely;
8.10.4. the funds will be paid to the bank account that the member indicated on his/her profile;
8.10.5. if the withdrawal exceeds 10 000 EUR, the identification procedure is required. To do so, the member needs to send us a copy or a digital photo of the document confirming his/her identity.
8.11.distribution of money acquired by voting for monetary funds or prize funds:
8.11.1. In case the participant participates in the voting for the monetary fund, the Company withholds 30% of the contribution to the monetary fund for servicing the platform.
For instance: a member chose a 5 EUR voting room, accordingly, the Company keeps 30% of the amount, i.e. 1.50 EUR, while the rest, i.e. 3.50 EUR replenishes prize fund. Monetary fund of each room depends on the participants (members) of this particular room. Each member can simultaneously participate in all voting rooms.
8.11.2. in case the member participates in voting for prize fund, the Company proposes the prize or a collection of prizes, proposes a contribution amount that allows the member to take part in voting to claim the prize or prizes.
8.12. The winnings under 10 000 EUR are transferred to the member's bank account in 2 days (periods of 24 hours) time as from the date of the winning, excluding weekends and holidays.
8.13. The winnings from 10 000 EUR to 100 000 EUR are transferred to the member's bank account in 3 days (periods of 24 hours) time as from the date of the winning, excluding weekends and holidays.
8.14. The winnings from 100 000 EUR to 500 000 EUR are transferred to the member's bank account in 5 days (periods of 24 hours) time as from the date of the winning, excluding weekends and holidays.
8.15. The winnings over 500 000 EUR are transferred to the member's bank account in 30 days (periods of 24 hours) time as from the date of the winning, excluding weekends and holidays.
8.16.Other ways to withdraw winnings are discussed individually with the Website Administration.
8.17. In case the member wins a prize or prizes, the terms of claiming those are discussed individually with the Website Administration.
9. Terms and conditions for using 1-Click service
9.1. You agree to pay for any goods and/or services that You ordered on the Website, as well as all additional costs (if necessary) including, but not limited to duties, taxes, etc. The responsibility for transacting such payments on time lies on You. The payment service provider can only ensure the payment (in the amount indicated by the Website) is made and is not responsible for paying any additional services. After clicking the “Payment” button, the payment is considered irreversibly complete, and it cannot be called off. By placing an order on our Website You confirm the legality of your actions ensure that you will not break the law of any country. In addition, by accepting the terms (and/or terms and conditions), You, as the holder of the payment card, acknowledge Your right to use goods and/or services of our Website.
9.2. In case You use services of the Website that include such particular services , You confirm that you have reached the age of adulthood and legality (i.e. service provided to You by the Website) according to jurisdiction of the country of your residence.
9.3. By starting to use the services of the Website, You take legal responsibility for compliance with the laws of any state where this service is used, and confirm that the payment service provider is not responsible for any illegal or unauthorized violation. By agreeing to use the services of the Website, You understand and accept that the processing of any of your payments is carried out by the provider of payment services, and there is no legal right to return the services already purchased and/ or goods or other payment cancellation options. If You want to stop using the service for the next purchase of the service and/ or goods, you can cancel the service using the personal account on the Website.
9.4. The payment service provider is not responsible for the refusal / inability to process data associated with Your payment card, or for the refusal associated with non-receipt of permission from the issuing bank to make a payment using Your payment card. The provider of payment services is not responsible for the quality, amount, price of any service and/ or product offered to You / purchased by You on the Website using Your payment card. By paying for any services and/ or products of the Website, you are, first and foremost, obliged to follow the rules of using the Website. Please note that only You, as the owner of a payment card, are responsible for the timely payment of any service and/ or product ordered by You through the Website and for all additional expenses/ commissions associated with this. payment. The payment service provider is only the executor of the payment in the amount indicated by the Website and is not responsible for any pricing, total prices and / or total amounts.
9.5. In the event that You disagree with the aforementioned conditions and/ or other reasons, we ask You to refuse to make a payment on time and, if necessary, contact the Website’s administrator/ support service.
10. Conspiracy, misleading actions, fraud and criminal activity
10.1. The following activities are strictly prohibited and directly violate the terms of the Agreement:
10.1.1. disclosure of personal information to third parties;
10.1.2. illegal activities: fraudulent activities, use of malicious programs, bots and errors in the software of the Website;
10.1.3. commission of fraudulent activities, such as the use of stolen, cloned or otherwise illegally obtained information about a credit or debit card when paying for goods, services on the Website;
10.1.4. Participation in illegal activities, money laundering and any other activity which may entail criminal liability;
10.1.5. An attempt to conspire or intentions to directly or indirectly participate in conspiracy schemes with other players during gambling on the Website;
10.2. The Company will take the necessary and legal measures to identify and suspend all fraudulent collusions, and the conspirators; appropriate measures will be taken against these persons. We are not responsible for the loss or damage suffered by the participants as a result of fraudulent acts. In such cases, any adequate action is taken at our discretion.
10.3. The members are oblidged to immediately inform us via email in case they have a suspicion about any person who might be in collusion or colludes the fraud.
10.4. If we suspect any member of fraud or fraudulent activities, we may at any time, without prior notice, block him/her an access to the services of our Website and block his/her account. Under such circumstances we release ourselves from obligation to refund or in any other way compensate the member the funds. We also reserve the right to notify competent authorities of the jurisdiction. The members are required to cooperate with us in investigating such cases.
10.5. Members are prohibited from using the services and software of the Website to carry out any fraudulent, illegal activities and transactions in accordance with the laws of a particular jurisdiction. If it is established or revealed that the member has committed such actions, the Company may suspend or block the member's account and withhold funds. In such cases, members do not have the right to hold any demands against the Company.
11. Other prohibited activities on the Website
11.1. On the Website it is strictly forbidden to use aggressive or insulting language, obscenities, make threats or violent actions against employees and other members of the Website.
11.2. It is forbidden to provide the Website with the information in such amount that can lead to the failure of the Website, as well as carry out any other actions that may affect the operation of the resource. In this case it means viruses, malicious software, mass mailing and spam – all of the aforementioned is strictly prohibited. Moreover, it is forbidden to delete, modify, and edit any information on the Website.
11.3. Members may use the Webite solely for entertainment purposes. It is forbidden to copy the Website in whole or any part of it without the written consent of the Company.
11.4. Members promise not to take actions aimed at hacking the Website’s security system, gaining unauthorized access to private data or DDoS attacks. In relation to the members suspected of violating this rule, the appropriate measures will be applied: a total ban on access to the Website and account blocking. In addition, we have the right to notify the responsible authorities of the illegal actions of the member.
11.5. We are not responsible for the losses and damages that our members or third parties may suffer as a result of technical failures provoked by virus attacks or other malicious actions directed to the Website.
11.6. It is strictly forbidden to sell or exchange accounts between the members.
12. Expiration date and annulation of accounts
12.1. We have the right to delete the member’s account (as well as name and password) without prior notice in the following cases:
12.1.1. the Company has decided not to provide services in general or to a particular member;
12.1.2. there is a connection between the member's account and the account that was previously deleted;
12.1.3. there is a connection between the member’s account and the accounts that are currently blocked, in which case we have the right to close the account, regardless of how it is connected, and completely block the credentials on this account.
12.1.4. the member is involved in conspiracy or is making attempts to hack the system;
12.1.5. the member is trying to influence or manipulate on the software of the Website;
12.1.6. the member uses his/her account for illegal purposes in accordance with the laws of a particular jurisdiction;
12.1.7. the member publishes information that is offensive or humiliating for specific persons on the Website.
12.2. We have the right to close the member’s account or terminate the Agreement by sending the corresponding notice to the address indicated in the contact information.
13. Changes on the Site
13.1. We have the right to at our own discretion and at any time, make changes on the Website or add any services on the Website in order to maintain and update the resource.
14. System errors
14.1. In case of failure in the system of our Website during the voting process, the Company will try to rectify the situation as soon as possible. We are not responsible for any malfunctions in the information technology infrastructure that arose from the operation of the equipment used by the members to access the Website, as well as for malfunctions in the work of the Internet providers.
15. Errors and ommissions
15.1. We have the right to cancel or limit any deposits.
15.2. The Company distributors, license holders, subsidiary enterprises, affiliates and all the employees and directors are not responsible for any losses or damages that may be caused by the interception or misuse of any information transmitted via the Internet.
16. Limitation of our responsibilities
16.1. The member agrees that he/she makes a decision either to use the services of the Website or not, all by him/herself and all actions and consequences are the result of his/her own choice made at his/her own risk.
16.2. The Website functionality is operated according to the terms and conditions described in this Agreement. We do not give any additional assurances or guarantees about the Website and services offered on the Website, therefore we are not responsible (to the extent provided by the law) for all implied warranties.
16.3. We are not liable for violations, negligence, losses, damage and wastes that cannot be foreseen at the moment.
16.4. The Company is not responsible for the content of resources that can be accessed via this Website.
17. Violation of conditions
17.1.The member is obliged to compensate all costs or expenses fully, (including judgmental enforcements), as well as any other costs which can arise as a result of violation of conditions of this Agreement.
17.2. The member agrees to fully compensate for damages, advocate and defend the interests of the Company, its partners, employees and directors from any claims, demands, liabilities, damages, losses, costs and expenses, including legal costs and any other costs that arise from the following reason:
17.2.1. violation of the terms of the Agreement;
17.2.2. violation of the law or the rights of the third parties;
17.2.3. attempts to gain access to services of the Website by any other person using member's identification information, with or without your permission, or,
17.2.4. assigment of any (monetary or prize) winnings that were obtained this way.
17.3. If the member violates the terms of the Agreement, we have the right:
17.3.1.to notify the member that by his/her actions he violates the terms of the Agreement, and require him/her to immediately stop the violations;
17.3.2. to temporary suspend member's account;
17.3.3. to block member's account without prior notice;
17.3.4. recover from payments, winnings that were obtained as a result of violation.
17.4. We have the right to annulate the member's username and password in the event that he does not comply with any of the aforementioned terms of the Agreement.
18. Intellectual property rights
18.1. All content of the Website is subject to copyright and other proprietary rights that belong to the Company under the lease agreement. All uploaded and printed materials present on the Website can be downloaded only on one computer. It is permitted to print these materials solely for non-commercial personal use.
18.2. By using our Website, the member does not have rights for intellectual property owned by the Company or third party.
18.3. Any use or reproduction of the very essence of the voting platform, trademark, brand name, logos and other promotional materials presented on the Website is prohibited.
18.4. Members are responsible for any costs, expenses or damages, which were caused as the result of prohibited activities. Members are obliged to immediately inform the administration of the Website about any prohibited activities of other members and to assist in the investigation of this particular matter.
19. Personal data
19.1. We comply with the data protection requirements in the way the Company uses any personal data, which was collected during the time the membe has visited the Website. Accordingly, we take our obligations to use the personal data of the members with the utmost seriousness.
19.2. By providing us with the information, the members agree with our right to process their personal data for the purposes specified in the Agreement or for compliance with the legal or regulatory obligations.
19.4. We keep copies of all letters and correspondence received from members in order to record all the information received from them accurately.
20. The use of files “cookie” on the Website
20.1 We use “cookie” files in order to ensure high functionality of the Website. The “cookie” file is a small text file that is downloaded to member's computer when he/she visits the Website; this allows us to process data quickly when a particular user visits our Website again. Additional information on deleting or controlling “cookies” is available on the following website: www.aboutcookies.org. It should be borne in mind that the removal of our “cookies” may lead to the inability to access certain sections or functions of the Website.
21. Complaints and notifications
21.1. If the member has complaints about the functionality of the Website, he/she should contact the support service in order to lodge a claim in the shortest time possible.
21.2. The member agrees that records with the description of a contentious issue stored on the server can be used as evidence when considering the claim.
21.3. The member agrees that the results of voting on the Website are determined by the members themselves. If the results on the member's computer and on our server are different, the results on the server will be considered more reliable. In the event of discrepancy in the display, preference is always given to the voting results displayed on the server.
22. Force Majeure
22.1. The company is not responsible for delays or non-compliance with the obligations listed in the Agreement, if they are caused by force majeure circumstances, including natural disasters, wars, civil unrest, industrial disputes, disruptions in public communication networks or services, DDoS-attacks or other Internet attacks that could have a negative impact on the operation of the Website.
22.2. During the period of force majeure circumstances, activities of the Website are considered suspended and performance of obligations is delayed. The Company undertakes to use all resources available in order to find solutions, which would allow us to fulfil our obligations to the members as quickly as possible, up to the end of the force majeure circumstances.
23.1. If we cannot ensure member's performance of any of the obligations, or we ourselves cannot use any of the legal remedies for which we are entitled, this is not a disclaimer of rights or legal remedies, nor does it relieve the member from performance of these obligations.
24. Severability of the Agreement
24.1. In case if any of the terms and conditions suddenly become invalid or illegal, or lose legal force, such term will be separated from other terms and conditions of the Agreement, which fully retains its legal force. A part, that is considered to be invalid or unenforceable, will be modified according to the updated standards.
25.1. The Website may contain links to other sites, which the Company cannot control. We are not responsible for the content of any other websites, the actions of their owners, or the lack of such actions, as well as for the content of the third-party advertising and sponsors on the Website. All hyperlinks to other resources are provided for your information only. If the member uses them, he/she does it at his/her own risk.
- Company Name: ESD GLOBALCOLLECT LIMITED, registration number 603483, official (legal) address: Coliemore House,Coliemore Road,Dalkey,Co. Dublin,A96A8D5,Ireland.
Updated: 2020, 29 October.