TERMS AND CONDITIONS
Version Number 1.4 Last Updated 13th June 2019
1. INTRODUCTION:
1.1. By using and/or visiting any section of the website www.genesiscasino.com (the "Website"); the related enabling internet, mobile or other platforms through the Website and other related URLs belonging to or licensed to Genesis Casino or by opening an account on the Website, you the user (hereinafter: “You”, “you”, “your” or “player”) agree to be bound by:
1.1.1. These are the Terms and Conditions which govern your relationship with us. By visiting the Website and/or by registering and/or using the Services, You agree to be, and are, bound to these Terms and Conditions (may also hereinafter be referred to as Terms of Use), shown on this page, including our Privacy Policy;
1.1.2. Our Privacy Policy and Cookie Policy sets out how we use personal information which you supply to us. By accepting these Terms and Conditions, and by approving our Privacy Policy and Cookie Policy provided to you , You approve Your consent to the terms indicated therein.
1.1.3. Any Game Rules made available on the Website from time to time.
1.1.4. Any Terms and Conditions of promotions, bonuses and special offers which may be found on the Website from time to time.
1.2. All of the Terms and Conditions listed above shall together be referred to as the “Terms".
1.3. Please read the Terms carefully before accepting them. If you do not agree to accept and be bound by the Terms please do not open an account or continue to use the Website. Your continued use of the Website constitutes acceptance of the Terms.
1.4. YOU MUST NOT USE THE WEBSITE IF YOU ARE UNDER THE AGE OF 18 OR UNDER THE LEGAL AGE IN WHICH GAMBLING IS PERMITTED UNDER THE JURISDICTION WHICH APPLIES TO YOU.
1.5. The current version of the Terms will come into effect on the 13.06.2019.
GENERAL TERMS AND CONDITIONS
2. PARTIES
2.1. The website is operated and managed by Genesis Global Limited which is incorporated under the laws of Malta (C65325) at registered address Level 6A, Tagliaferro Business Centre, Gaiety Lane, High Street, Sliema, SLM 1549, Malta. Genesis Global Limited is licensed and regulated by the Malta Gaming Authority with licence number MGA/B2C/314/2015 issued on the 5th August 2016 and also by the UK Gambling Commission with licence number 000-045235-R-324169-007.
2.2. References in the Terms of Use to "us", "our," "we" or the “Company” are references to the party with whom you are contracting with, as specified above.
3. CHANGES TO THE TERMS OF USE
3.1. We may need to change the Terms for a number of reasons, including for commercial reasons, to comply with new laws or regulations or for customer service reasons. The most up-to-date Terms of Use can be accessed here, and the date on which they came into force is noted.
3.2. Whenever we amend these Terms of Use we will notify you prior to such changes taking effect and the player must re-confirm acceptance. If you do not agree you must stop using the Website.
4. OPENING YOUR ACCOUNT
4.1. In order to place a bet via the Website, you will need to open an account on the website ("Your Account").
4.2. You must not open an Account if you are located in a jurisdiction in which applying for or opening an Account and/or using our Services is unlawful or contrary to any applicable regulation (“Prohibited Jurisdiction”). It is your responsibility to ensure that this is not the case. We reserve the right to immediately suspend your Account if we discover that your Account has been opened, or is being used, from a Prohibited Jurisdiction. “Prohibited Jurisdictions” include United States of America and its territories, France and its territories, Spain, Denmark, Hungary, Iran, Israel, Portugal, Romania, Turkey, Ukraine, Belgium, Australia, Slovenia, Greece and other jurisdictions in which we do not operate or in which the Services are deemed unlawful under the applicable laws.
4.3. When attempting to open an account or using the website from any other jurisdiction it is the responsibility of the player to verify whether gambling is legal in that particular jurisdiction.
4.4. A player must register personally by following the on-screen instructions.
4.5. When you open Your Account You will be asked to provide us with personal information, including your name, date of birth, and appropriate contact details, including an address, telephone number and e-mail address ("Your Contact Details").
4.6. You hereby acknowledge and accept that, by using the services made available on the Website, you may both win and lose money.
4.7. You are only allowed one account on this Website. If you have more than one account, you must immediately inform us. Furthermore, only one account for each IP/household is allowed. If you open more than one account, any winnings on either account will be forfeited and all accounts may be closed. We may block or close your first account. If we leave your first account open any initial deposits which remain as balance on any other accounts (the “Duplicate Account”), will be added to your first account. If we find there is more than one account registered for your household, we reserve the right to block or close any or all accounts for that household.
4.7.1. All transactions made from the Duplicate Account will be made void;
4.7.2. The company reserves the right to decide on Duplicate/Multiple accounts deposits by players and will be at the company’s sole discretion to decide the action taken. The company might still consider refunding the player if any balance is still in his account.
4.7.3. Any returns, winnings or bonuses which you have gained or accrued during such time as the Duplicate Account was active will be forfeited by you and may be reclaimed by us, and you will return to us on demand any such funds which have been withdrawn from the Duplicate Account plus a 10% fee will also be applied.
4.8. If you wish to open another account, you may do so by contacting the Manager at support@genesiscasino.com. If a new account is opened, the old account will be closed.
4.9. You must maintain Your Account and keep your details up-to-date.
4.10. If you wish to close Your Account, you must send a request to do so on support@genesiscasino.com. By closing Your Account, You also consent to the forfeiture of any promotional bonuses, prizes or benefits which you may have acquired. Where the company or the player decides to close an account, the remaining real money funds shall be returned to the method of deposit originally used and an administration fee of 3% charged, with a minimum fee of R37.50 or equivalent in the players own currency.
4.11. In the event of closure of Your Account because of gambling addiction or if your account has been closed due to fraud, you acknowledge that you are prohibited from opening a new account. The Company will not be liable if you manage to open a new account, for such action nor for any direct or indirect consequential damages. The company shall have the right to close, at any time, a new account opened in breach of the requirement stated herein.
4.12. The Company is required by its license issued by the UK Gambling Commission to inform you about what happens to funds which the Company holds on account for you, and the extent to which funds are protected in the event of insolvency Protection of customer funds. The Company shall hold your funds in a separate bank account so as to be kept segregated from the Company's own accounts, in accordance with the Company's regulatory obligations. These funds are not protected in the event of insolvency. This meets the Gambling Commission’s requirements for the segregation of customer funds at the level: No protection. For more information click here.
4.13. When you exercise the right to erasure, your Account will be closed and any promotional bonus, prizes or benefits which may have been acquired will be forfeited. Following the closure of your Account, we will retain and may continue to process your Personal Data as necessary to comply with our legal obligations. Under Malta Gaming Authority (MGA) licensing requirements, we are bound to satisfy a number of statutory obligations, specifically the Prevention of Money Laundering and Funding of Terrorism Regulations (LN 372/2017) Article 13, which obliges us to retain any information stored for a minimum period of five years from the closure of your Account, for the purposes of the prevention, detection, analysis and investigation of money laundering or funding of terrorism activities. After this period has elapsed, your Personal Data will be deleted from our records.
5. VERIFICATION OF YOUR IDENTITY; MONEY LAUNDERING REQUIREMENTS
5.1. You warrant that:
5.1.1. You are not younger than 18 (eighteen) years old, or
5.1.1.2. Any legal age at which gambling or gaming activities under the law or jurisdiction that applies to you require ("the Legal Age"); and
5.1.2. The details supplied when opening Your Account are correct; and
5.1.3. You are the rightful owner of the money in Your Account; and
5.1.4. You are a resident in a jurisdiction which allows gambling; and
5.1.5. The money deposited by you is not derived from any activity which is illegal.
5.2. The company complies with Maltese and European laws, regulations and guidelines for the prevention of money laundering and the funding of terrorism. Suspicious transactions shall be investigated by the company and, if necessary, a suspicious transaction report will be made by the company to the competent Maltese Authorities. In any such event, the company is prohibited from informing any players or third parties involved, save in limited circumstances, that an investigation is being or may be carried out, or that information has been or may be transmitted to the competent Authorities. Furthermore, in the event of any suspicious transactions, the company may suspend, block or close the account(s) of the relevant player(s) and withhold funds as may be required by law and/or by the competent Authorities.
5.3. All transactions made by players on our Website are checked to prevent money laundering and all other illegal activity.
5.4. By agreeing to the Terms, you authorise us to undertake verification checks as we may require ourselves or may be required by third parties (including, regulatory bodies) to confirm your identity and contact details and to prevent money laundering (the "Checks").
5.5. The identity of the player will be verified upon registration, deposit and/or withdrawal as required by regulations.
5.6. In certain circumstances, we may have to contact you and ask you to provide further information to us directly in order to complete the Checks. If you do not or cannot provide us with such information then we may suspend Your Account until you have provided us with such information or permanently close Your Account. Additionally, you will have to provide identification whenever you make a withdrawal of funds amounting to R34,500 or more.
5.7. If we are unable to confirm that you are of the Legal Age, then we may suspend Your Account. If you are proven to have been under that age at the time you made any gambling or gaming transactions, then:
5.7.1. Your Account will be closed;
5.7.2. All transactions made while you were underage will be void, and all related funds deposited by you will be returned;
5.7.3. Any stakes for bets made while you were underage will be returned to you; and
5.7.4. Any winnings which you have accrued during such time will be forfeited and returned to us including any funds which have been withdrawn from your Account.
5.7.5. Genesis Global Limited and any third parties it contracts with in relation to the provision of the Services will hold information with respect to your identity, including but not limited to your name, address and payment details, in accordance with our Privacy and Cookie Policies. We rely on this information in entering into this agreement with you. You agree to indemnify us and hold us harmless against any costs, claims, damages and expenses arising in connection with any falsehood or inaccuracy contained in the information you provide to us.
6. INACTIVITY AND DELETION OF PLAYER ACCOUNTS
6.1. If a player account remains inactive (For example: when no login is performed at the Website) for a period of more than 12 months, the Company is entitled to charge a monthly account maintenance fee of R75, starting on the 13th month of inactivity. Following 12 months of uninterrupted inactivity, the Company will send a reminder mail to the user via the e-mail address saved in his/her account details. Upon receipt of this reminder mail, the user will have 30 days to log into his/her player account. If no login is registered within this 30-day period, R75 of real money credit or bonus money credit will be deducted from the balance. If the balance is less than R75 then the whole amount will be deducted. If the account remains inactive after 13 consecutive months, the user will be sent a reminder mail every month and a monthly charge of R75 will be incurred and deducted from the real money credit or bonus money credit of the player account accordingly.
6.2. If the player account remains inactive for more than 12 months and the account balance is R0, no further charge will be incurred. The inactivity fee will be incurred on a monthly basis until the next login is performed at the website; in this case, the Company is entitled to block the player account.
6.3. Should a player account remain inactive for thirty (30) months, meaning that no transaction has been recorded on that specific account for the above-mentioned time, we will remit the remaining balance in that account to the respective player. If the player cannot be contacted satisfactorily, the remaining balance shall be remitted to the relevant gambling authority.
7. USERNAME, PASSWORD, AND CUSTOMER INFORMATION
7.1. After opening Your Account, you must not disclose (whether deliberately or accidentally) your username and password to anyone else. If you have lost or forgotten Your Account details you may retrieve your password by clicking on the “Forget your Password” link below the login portal.
8. DEPOSITS TO YOUR ACCOUNT
8.1. If you wish to participate in betting or gaming using the Website, you must deposit money into Your Account which you can then use to place bets or play games. We reserve the right to undertake basic KYC checks within reasonable time on player deposits for the purpose of verifying compliance with Sections 5 and 11 of the Terms.
8.2. The minimum deposit accepted by Genesis Casino is R150.
8.3. Deposits to the cash player account are made by transfer of money to the Company’s account by way of the payment methods stated and accepted on the Website. The payment methods currently available include debit cards, credit cards, E-Wallet payments, Prepaid Cards, Instant Banking, Fast Bank Transfers and Bank Transfers. The Company reserves the right, to change the accepted methods of payment at its sole discretion. The Company further reserves the right to accept certain methods of payment only subject to the fulfilment of certain conditions. The Company does not warrant that all methods of payment are available at all times. To verify which payment and withdrawal methods that are currently available and the time lapse these take to process kindly visit our Deposit tab in the main page of our website.
8.4. We do not accept cash funds sent to us.
8.5. In relation to deposits and withdrawals of funds into and from Your Account, you shall only use such credit cards and other financial instruments that are valid and lawfully belong to you.
8.6. By depositing money, you agree not to make any charge-backs, reversals or otherwise cancel any deposits into Your Account, and agree to refund and compensate us for unpaid deposits.
8.7. The maximum amount of money you will be allowed to deposit in any one transaction is R75,000.
8.8. The company can, under certain circumstances, credit a player’s account with so called “bonus money”. The conditions for the crediting of the bonus (e.g. First Deposit Bonus) and the amount of the bonus is determined by the company and set out on the website from time to time. For promotions that are currently running please click here.
8.9. The bonus is stated separately on the account. It can only be paid out once it has been transformed into real cash winnings. If an account contains both the player’s own money and bonus money, the bonus money will only be available for wagering once the existing money has been used. Specific bonus conditions may be published on the website with the launch of specific bonus schemes. Before fulfilling the bonus turnover conditions if you transfer or withdraw the main deposit amount, bonus amount and all winnings from this bonus will be forfeited . If any bets placed with bonus balance, then bonus cannot be cancelled.
8.10. Your Account is not a bank account and is therefore not insured, guaranteed, sponsored or otherwise protected by any banking insurance system. Additionally, any money deposited with us in Your Account will not earn any interest.
8.11. We may at any time set off any positive balance on Your Account against any amount you owe to us when we re-settle any bets or wagers pursuant to Duplicate Accounts, Collusion, Cheating, Fraud and Criminal Activity or Errors.
8.12. The time taken for your deposit to appear on Your Account balance is as follows:
|
Deposit Method |
Time Lapse Required |
|
Credit/Debit Cards |
Instant |
|
E-Wallets |
Instant |
|
Prepaid Cards |
Instant |
|
Mobile Payment |
Instant |
|
Online Bank Transfer |
Instant |
8.13. Withdrawal and deposit transactions shall incur a fee of 2% at point of processing, with a minimum fee of R14.90 or equivalent in the players own currency. We may charge less in certain scenarios and the amount to be charged shall be displayed prior to the player making the request. By requesting the deposit or withdrawal transaction, the player accepts the displayed fees.
9. WITHDRAWALS FROM YOUR ACCOUNT
9.1. You may request withdrawal of funds from Your Account at any time provided that:
9.1.1. All payments made into Your Account have been confirmed as cleared and none have been charged-back, reversed or otherwise cancelled;
9.1.2. Any Checks referred to in paragraph 5 above have been completed.
9.1.3. For your protection, you may withdraw the maximum amount of R330,000 per month and no more than R82,500 per week, with the exception of progressive jackpot wins where no limitation will apply. VIP players may also be entitled for higher withdrawal levels.
9.2. Once we have approved your withdrawal you must give us sufficient information as to how the funds should be transferred to you. All withdrawals will be remitted only to the same account from where the funds paid into the player’s account originated unless a proof was provided that the payment method has been lost or cancelled. We reserve the right to charge a 10% fee amounting to our own costs (including the cost of the deposits) for withdrawals of funds that have not been put into play.
9.2.1 Withdrawals and refunds must be returned to the method of deposit originally used or, where this is not possible, to a bank account held in the Player’s name and with a description of the transaction as we deem fit. This shall incur an administration fee of R150 in addition to a processing fee of 2% for payment fees.
9.3. Player funds which are restricted from playing will be displayed in a separate balance on the player’s main page; a player may not withdraw these restricted funds (Bonus money)
9.4. You are exclusively responsible for reporting your winnings and losses to your local tax or other authorities.
9.5. Prior to withdrawal of funds not used for wagering or betting, KYC documents shall be requested in the case of players with no betting or casino activity. The time taken for a withdrawal will depend on whether KYC documentation is needed and the speed at which it is delivered however the usual lapse of time for a withdrawal to be processed is as follows:
|
Withdrawal Method |
Time Lapse Required |
|
Credit/Debit Cards |
1 to 3 Working Days |
|
E-Wallets |
Instant |
|
Prepaid Cards |
N/A |
|
Mobile Payment |
N/A |
|
Bank Transfers |
5 to 8 Working Days |
|
Online Bank Transfer |
Instant |
9.6. If an account has been dormant, closed, blocked or excluded for any reason and for any period of time the player may contact our support team to recover any pending funds that he might still have in the account. Our support team will immediately launch an investigation into the claim and the player will be contacted back with information of how the funds will be transferred back to him. If there is a dispute over the account or the funds held within it we will contact the Malta Gaming Authority for an opinion on the best way forward.
9.7. Withdrawal and deposit transactions shall incur a fee of 2% at point of processing, with a minimum fee of R14.90 or equivalent in the players own currency. We may charge less in certain scenarios and the amount to be charged shall be displayed prior to the player making the request. By requesting the deposit or withdrawal transaction the player accepts the displayed fees.
10. PLACING A BET OR GAMING
10.1. All transactions will be concluded in the language from which you placed your transaction.
10.2. It is your responsibility to ensure that the details of any transaction are correct.
10.3. You can access your transaction history on the Website.
10.4. We reserve the right to refuse the whole or part of any transaction requested by you at any time in our sole discretion. No transaction is accepted by us until we have confirmed to you that it has been accepted. If you do not receive a confirmation that your transaction has been accepted, you should contact Customer Services at support@genesiscasino.com.
10.5. Once your bet is confirmed, you cannot cancel the transaction without our written consent.
11. CASINO
11.1. The Genesis Casino Casino is powered by Net Entertainment. The Company is not liable for disputes relating to game play, as Net Entertainment under its own gaming license and in terms of Maltese law is vested with game play responsibilities. The Company’s operations centre and support centre is located in Malta, operating legally and in full compliance with the applicable Maltese laws.
11.2. All Casino Rules can be found within the Game itself.
12. COLLUSION, CHEATING, FRAUD AND CRIMINAL ACTIVITY
12.1. The following activities are not allowed and constitute a material breach of the Terms:
12.1.1. Sharing account credentials or joint use with other players or entities and Colluding with other third parties;
12.1.2. Using unfair advantage or influence (commonly known as cheating), including the exploitation of a fault, loophole or error in our software, the use of automated players (sometimes known as 'bots'); or the exploitation of an 'error';
12.1.3. Undertaking fraudulent activities to your advantage, including the use of a stolen, cloned or otherwise unauthorized credit or debit card, as a source of funds;
12.1.4. Taking part in any criminal activities including money laundering and any offence with criminal repercussions.
12.1.5. Transferring of funds from one player account to another.
12.2. We will take all reasonable steps to prevent such activities; detect them and the relevant players; and deal with the relevant players appropriately. We will not be liable for any loss or damage which you or any other player may incur as a result of collusive, fraudulent or otherwise illegal activity, or cheating, and we will terminate the relationship with the player, in which we have registered a dispute with.
12.3. If you suspect a person is colluding, cheating or undertaking a fraudulent activity, please report it to us by e-mailing support@genesiscasino.com.
12.4. We reserve the right to inform relevant authorities, other online gaming or gambling operators, other online service providers and banks, credit card companies, electronic payment providers or other financial institutions of your identity and of any suspected unlawful, fraudulent or improper activity, and you agree to cooperate fully with us to investigate any such activity.
12.5. Deposits made into Your Account should be commensurate with intended game play. If there is a suspicion of abuse, (e.g. when a deposited amount is not used for an appropriate level of game play and the player requests a withdrawal in relation to that deposited amount; or where the Company suspects that the Player is abusing exchange rate fluctuations), we reserve the right to cancel the respective deposit/s in part or in full, to retract any costs that may have resulted in conjunction therewith and to close your Account indefinitely. In such instances, we further reserve the right to request and obtain satisfactory proof of deposit and additional copies of personal identification prior to processing any withdrawal request, and the processing of such a request shall be entirely at our discretion.
13. OTHER PROHIBITED ACTIVITES
13.1. You should not use the Website for any purpose which is considered to be defamatory, abusive, obscene, racist, sexist, discriminatory, or offensive. You must not use any abusive or aggressive language or images; swear, threaten, harass or abuse any other person, including other users, or behave in such a manner towards any Company staff used to provide the Website or Customer Services.
13.2. You shall not corrupt the Website, flood the Website with information so as to cause the Website to not function, nor use any features which may affect the function of the Website in any way for example (but not limited to) releasing or propagating viruses, worms, logic bombs or similar. Any multiple submissions or "spam" are strictly prohibited. You must not interfere or tamper with, remove or otherwise alter in any way, any information in any form which is included on the Website.
13.3. You shall use the Website for personal entertainment only and shall not be allowed to reproduce the Website or any part of it in any form whatsoever without our express consent. You must not attempt to gain unauthorised access to the Website, the servers on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or similar. When breaching this provision, we will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
13.4. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect Your computer equipment, computer programs, data or other proprietary material due to Your use of the Website or to Your downloading of any material posted on such Website, or on any website linked to the Website.
13.5. It is prohibited to sell, transfer and/or acquire accounts from other players.
14. CLOSURE AND TERMINATION BY US
14.1. It is company policy in the interests of security and in accordance with Maltese legislation, that if no transaction has been recorded on Your Account for thirty months (an "Inactive Account"), we shall remit the balance in that account to you. If you cannot be satisfactorily located any funds in that account will be handed over to the Malta Gaming Authority. Thus, the funds are available to the player wishing to withdraw them. For UK players, once your Player Account has been deemed to be inactive , we will be entitled to charge you an administrative fee equivalent to 5% of your total account balance ("Administration Fee") The minimum deduction amount is R150 and the maximum amount deduction is R6,000. We will deduct the Administration Fee from your Player Account balance every 30 days from the moment your account has become inactive-that is, if you have not placed a wager or made a deposit in the last 12 months. You will be given 30 days written notice by e-mail of the fact that your account is about to become inactive and subjected to Administration Fees.
14.2. Your Inactive Account will be terminated with written notice (or attempted notice) using your contact details. In the event of any such termination by us, other than where such closure and termination is made pursuant to paragraph 11 (Collusion, Cheating, Fraud and Criminal Activity) or paragraph 18 (Breach of the Terms of Use) of these Terms, we will refund the balance of Your Account to you. If you cannot be located, the funds shall be remitted to the relevant gambling authority.
14.3. The company may refuse to open an account or may opt to close a players’ account which has already been opened at its own discretion. Notwithstanding this all contractual obligations already undertaken or entered into will be honoured. Where the company or the player decides to close an account the remaining real money funds shall be returned to the method of deposit originally used and an administration fee of 3% charged, with a minimum fee of R37.50 or equivalent in the players own currency.
14.4. In the event of any suspicious transaction/s, the company reserves the right to suspend or block a players’ account and withhold funds as may be required by law, or the competent Authority.
15. ALTERATION OF THE WEBSITE
15.1. We may, in our absolute discretion, alter or amend any product offered via the Website at any time for the purpose of maintaining the Website.
16. IT FAILURE
16.1. Where unexpected system flaws, faults or errors occur in the software or hardware which we use to provide the Website we will take immediate steps to remedy the problem.
16.2. We do not accept any liability for IT failures which are caused by your equipment used to access the Website or faults which relate to your internet service provider.
17. ERRORS OR OMISSIONS
17.1. A number of circumstances may arise where a bet is accepted, or a payment is made, by us in Error. Reasonable efforts are undertaken to prevent errors or omissions; however, system problems or human error may lead to such circumstances. Such circumstances may include, without being limited to, the hereunder situations:
a) Acceptance of a bet at a price which is significantly different from those available in the market at the time the bet was placed;
b) Miscalculation (including due to human error) of bonuses, winnings or returns paid to you;
c) Information on odds or terms of a bet may have been entered incorrectly as a consequence of human error or computer malfunction;
d) Errors or omissions resulting from Prohibited Activities
e) Errors or omissions which result in winnings being flagrantly incorrect or different from those on the market;
f) Continued acceptance of bets on a market or event that has already been closed or suspended (“late bets”).
17.2. We reserve the right to correct any Error made on a bet placed and re-settle the same at the correct price or terms which were available or should have been available at the time that the bet was placed and the bet will be deemed to have taken place on the terms which were usual for that bet or, in cases where the correction or resettlement of the bet is not possible, to declare such bet void and refund the stake in question back into Your Account.
17.3. Neither we (including our employees or agents) nor our partners or suppliers shall be liable for any loss including loss of winnings that results from any Error by us or an error by you. You will forfeit any winnings/losses that result from any such Error.
17.4. We are not liable for any downtime, server disruptions, lagging, or any technical or political disturbance to the game play. Refunds may be given solely at the discretion of the management.
17.5. We accept no liability for any damages or losses which are deemed or alleged to have arisen out of or in connection with website or its content; including without limitation, delays or interruptions in operation or transmission, loss or corruption of data, communication or lines failure, any person's misuse of the Website or its content or any errors or omissions in content.
17.6. In the event a game is started but miscarries because of a failure of the system, the Company shall refund the amount wagered in the game to You by crediting it to the Your Account or, if the account no longer exists, by paying it to You in an approved manner; and if You have an accrued credit at the time the game miscarried, credit to Your Account the monetary value of the credit or, if the account no longer exists, pay it to You in an approved manner.
17.7. All reasonable steps shall be taken to ensure that wagers placed by players are recorded immediately on the database. Should, due to an interruption by a failure of the telecommunications system, a bet not be recorded on the system but is deducted from the balance, the incident will be investigated and player will be refunded the amount of the wager by placing it in the player’s account accordingly.
17.8. If a game is started but miscarries because of a failure in the system, the following action shall be taken: (a) (i) to refund the amount wagered in the game to the player by crediting it to the player’s account or, if the account no longer exists, by paying it to the player in an approved manner and (ii) if the player has an accrued credit at the time the game miscarries, credit to the player’s account the monetary value of the credit or, if the account no longer exists, pay it to the player in an approved manner (b) inform immediately the MGA/UKGC of the circumstances of the incident (c) refrain from conducting a further game if the game is likely to be affected by the same failure. Provided that the MGA/UKGC may, by written notice to the licensee, give the licensee other directions which the MGA/UKGC considers appropriate in the circumstances.
17.9. Genesis Global Limited has the right to terminate games without prior notification or justification. If the player feels unsatisfied and feels that he should lodge a complaint directly with the relevant authority, he may do so by sending an email to support.mga@mga.org.mt. UK players should send their complaints to support@genesiscasino.com
18. EXCLUSION OF OUR LIABILITY
18.1. Your access to and use of the products offered via the Website, is at your sole option, discretion and risk.
18.2. We will provide the Website with reasonable skill and care and substantially as described in the Terms. We do not make any other promises or warranties with respect to the Website, or the products offered via the Website, and hereby exclude (to the extent permitted by law) all implied warranties in respect of the same.
18.3. We shall 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 us arising out of the Terms of Use or Your use of the Website.
19. BREACH OF THE TERMS OF USE
19.1. You shall compensate us in full for any claims, liabilities, costs, expenses (including legal fees) and any other charges that may arise as a result of your breach of the Terms.
19.2. Where you are in material breach of the Terms, we reserve the right, but shall not be required, to:
19.2.1. Provide you with notice (using Your Contact Details) that you are in breach requiring you to stop the relevant act or failure to act,
19.2.2. Suspend your Account so that you are unable to place bets or play games on the Website,
19.2.3. Close Your Account with or without prior notice from us.
19.2.4. Recover from Your Account the amount of any pay-outs, bonuses or winnings which have been affected by any material breach.
19.3. We have the right to disable any user identification code or password if in our reasonable opinion you have failed to comply with any of the provisions of the Terms.
20. INTELLECTUAL PROPERTY RIGHTS
20.1. All website design, text, graphics, music, sound, photographs, video, the selection and arrangement thereof, software compilations, underlying source code, software and all other material contained within the Website are subject to copyright and other proprietary rights which are either owned by us or used under license from third party rights owners. To the extent that any material contained on the Website may be downloaded or printed then such material may be downloaded to a single personal computer only and hard copy portions may be printed solely for your own personal and non-commercial use.
20.2. Under no circumstances shall the use of the Website grant to any user any interest in any intellectual property rights (for example copyright, know-how or trademarks) owned by us or by any third party whatsoever.
20.3. No rights whatsoever are granted to use or reproduce any trade names, trademarks or logos which appear on the Website except as specifically permitted in accordance with the Terms of Use.
21. YOUR PERSONAL INFORMATION
21.1. Our Privacy policy available here sets out how we use personal information which you supply to us.
21.2. It is your responsibility to ensure that personal information relating to you is kept up-to-date. We reserve the right to suspend or terminate your Account if we suspect this information to be inaccurate. We will process information about you in accordance with our Privacy Policy and our Cookie Policy.
22. USE OF COOKIES ON THE WEBSITE
22.1. If you wish to make a complaint regarding the Website, a first step should be to, soon as reasonably possible, contact Customer Services on support@genesiscasino.com
22.2. In the event of any dispute, you agree that the records of the server shall act as the final authority in determining the outcome of any claim.
22.3. You agree that in the unlikely event of a disagreement between the result that appears on your screen and the game server, the result that appears on the game server will prevail, and you acknowledge and agree that our records will be the final authority in determining the terms and circumstances of your participation in the relevant online gaming activity and the results of this participation.
22.4. When we wish to contact you regarding such a dispute, we will do so by using any of Your Contact Details.
22.5. If the player feels unsatisfied and feels that he should lodge a complaint directly with the relevant authority he may do so by sending an email to support.mga@mga.org.mt. For UK players, please see details below under section 33.4 and additionally you can relate to our Customer Complaint Escalation Process Procedure indicated under section 33.5.
23. INTERPRETATION
23.1. The Terms and Conditions may be published in several languages for information purposes and ease of access by Account Holders. However, the English version is the sole legal basis of the relationship between you and us and in case of any discrepancy between a non-English version and the English version of the Terms and Conditions, the English version shall prevail.
24. TRANSFER OF RIGHTS AND OBLIGATIONS
24.1. We reserve the right to transfer, assign, and sublicense or pledge the Terms, in whole or in part, to any person, provided that any such assignment will be on the same terms or terms that are no less advantageous to you.
25. EVENTS OUTSIDE OUR CONTROL
25.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Terms of Use that is caused by events outside our reasonable control, including, without limitation, acts of God, war, civil commotion, interruption in public communications networks or services, industrial dispute or DDOS-attacks and similar Internet attacks having an adverse effect ("Force Majeure"). Our performance is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations may be performed despite the Force Majeure Event.
26. WAIVER
26.1. If we fail to insist upon strict performance of any of your obligations or if we fail to exercise any of the rights or remedies to which we are entitled, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
26.2. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of the provisions of the Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with above.
27. SEVERABILITY
27.1. If any of the Terms are determined to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law. In such cases, the part deemed invalid or unenforceable shall be amended in a manner consistent with the applicable law to reflect, as closely as possible, our original intent.
28. LAW AND JURISDICTION
28.1. The Terms of Use shall be governed by and interpreted in accordance with the laws of Malta.
28.2. The Courts of Malta shall have non-exclusive jurisdiction over any disputes arising out of the Terms of Use themselves.
29. RESPONSIBLE GAMING AND GAMBLING
29.1. We are committed to endorsing responsible gaming as a policy of customer care and social responsibility. We believe it is our responsibility to you, our customers, to ensure that you enjoy your wagering experience on our site, while remaining fully aware of the social and financial harms associated with gambling problem. We have a range of Responsible Gambling tools to help you remain aware of your activity such as deposit, stake, loss and session limits, as well as other options such as Self Exclusion. Please note: Setting a limit on your account to decrease your activity will be applied immediately. However, increases will be subject to a 7-day cooling off period. These cannot be applied retroactively meaning any existing transactions on your account cannot be made void.
29.1.1 Deposit Limits - In order to assist our players in gambling with responsibility, we have a Deposit Limit within each customer account. This option can be accessed within your "My Account" section. Limits can be amended at any time or by contacting support@genesiscasino.com. Any reduction in the limits will take effect immediately and any increase in the limits will take seven days before coming into effect. We also wish to draw Your attention to the existence of software preventing an individual computer from accessing online gambling websites, such as www.cyberpatrol.com or www.gamblock.com If you require any further information or assistance regarding our functionality, please contact Support.
29.1.2. Self Exclusion - Should you need to take a break from gambling, you may exclude yourself for any definite or indefinite time. We provide a self-exclusion facility which can be activated by contacting Customer Support. If Your Account is regulated by the Company's UK online gambling license, you can Self-Exclude for a minimum period of six months (extendable by You for one or more periods of at least six months each) on the Responsible Gaming page or by sending an email to support@genesiscasino.com. Prior to confirming Your self-exclusion request, you will be provided with information regarding the consequences of self-exclusion. Should You decide to be self-excluded, we encourage You to consider extending Your self-exclusion to other remote gambling operators currently used by You. Any undetermined bets at the time of Your self-exclusion will be settled in the normal way, according to the normal timescales and, if subsequently applicable, winnings will be paid to You. Any self-exclusion Account blocks cannot be undone during the agreed self-exclusion period. In case you enjoy a VIP status and you request or your account is temporarily or permanently under Self-Exclusion or your account is inactive/blocked for any specific reason, you will lose this status as a VIP player. Furthermore, we endeavour to apply your Self Exclusion as soon as practically possible, however, please be aware that this process takes a reasonable working period to implement. In order to avoid inadvertent self-exclusion, you shall be sent an email to confirm your request, you must follow the instructions of that email to complete your request and your self-exclusion will not commence until it has been fully implemented and communicated to you.
29.1.3 If Your Account is regulated by the Company's UK online gambling license, you may request a time out from gambling, which is a self-exclusion request for a period of between 1 to 42 days, by submitting a request via the internet by contacting support@genesiscasino.com
29.1.4. It is hereby clarified that regardless of the length of Your self-exclusion period, at the end of such self-exclusion period, such self-exclusion will end and you will be allowed to commence wagering with the Company and also receive marketing materials. If Your Account is regulated by the Company's UK online gambling license, at the end of such self-exclusion period, such self-exclusion will remain in place unless You take a positive action in order to gamble again (subject to a minimum self-exclusion period of six months), and You will not receive any marketing materials unless You have taken a positive action in order to gamble again and agreed to accept such marketing materials. The positive action in order to gamble again must be made via telephone and not via the internet, and is accompanied by a one day cooling off period prior to allowing You to gamble again.
29.1.5. In requesting self-exclusion, You agree to provide full and accurate personal details, now and in the future, so Your access/use of the Website and Services can be restricted. If You do choose to self-exclude, We will use all reasonable endeavours to ensure we comply with Your self-exclusion. However, in agreeing to self-exclude, You accept that You have a parallel obligation not to seek to circumvent the self-exclusion. Accordingly, We have no responsibility or liability for any subsequent consequences or losses howsoever caused that You may suffer or incur if You commence or continue to gamble through additional online accounts where You have changed any of the registration details or You provide misleading, inaccurate or incomplete details or otherwise seek to circumvent the self-exclusion agreed. If you self-exclude on a website operated by Genesis Global Limited, it will apply to all other brands. As a self-excluded player, you should not open another account with any other website during the time period you selected. Should you open another account with a website operated by Genesis Global Limited, we reserve the right to immediately close it, without prior notification and void any winnings. Any remaining real money balance will be refunded but will be subject to an administration fee of up to 10%.
29.1.6. If a player self-excludes their account, any real money funds that are not attached to any bonus, free spins or promotional offer will be refunded back via the method used to deposit originally. Where this method is no longer available, players will need to contact customer support (support@genesiscasino.com) to arrange an alternative method for their refund. A standard processing fee will be applied.
29.1.7. Underage Gambling - It is illegal for anyone under the age of 18 to open an account or to gamble on our website. We carry out age verification checks on all customers who use payment mechanisms which are available to under 18s and additionally perform random age verification checks on customers using other forms of funding mechanisms. Please note than anyone under the age of 18 found to be using the Website will have any winnings forfeited and may also be reported to the authorities.
29.1.8. Filtering Systems - Filtering solutions allow parents to regulate access to the internet, based on chosen criteria. Parents can use filters to prevent their children from accessing, amongst other things, gambling websites. If you share your computer with friends or family who are under the legal age to register or bet with our Website, or have requested self-exclusion from gambling sites, please consider parental filtering solutions.
29.1.9. Setting of Limits – A player may set limits mainly related to wagers and losses by contacting our Support team. Once these limits are set the player will not be able to exceed these limits.
29.1.10. Setting of Session Time Limits – A player may set maximum Session Time Limits by contacting our Support team.
29.1.11. Any notice for changes described above will be accompanied by a seven (7) day cool down period in which the player will not be able to revert the conditions previously placed on his account. For players using the Website under the UK jurisdiction, this will be 24 hours.
29.2 We are committed to supporting Responsible Gambling initiatives and encourage you to find information about Responsible Gambling at the websites of the following organisations:
http://www.responsiblegamblingtrust.co.uk
30. LINKS
30.1. Where we provide hyperlinks to other websites, we do so for information purposes only. You use any such links at your own risk and we accept no responsibility for the content or use of such websites, or for the information contained on them.
31. CHAT ROOMS (BLOG)
31.1. The company gives its customers the possibility to make use of a chat room where they are able to communicate with other players registered and making use of the Website. We set the chat room policy and reserve the right to change these policies at any time with or without notice. By using this chat room, you are binding yourself to comply with these terms and conditions.
31.2. The chat room is intended for legitimate comments and constructive discussion. We reserve the right to restrict the rights of individuals to post comments in any chat room set up by us. Any liability arising out of the use of such chat rooms are borne solely by the user.
31.3. Every user of our chat room agrees not to post any comment which is:
31.3.1. Defamatory in nature or any other information that the user has no legal right to disclose, or is otherwise illegal;
31.3.2. (Or contains anything which is) racist, vulgar, hateful, obscene, profane, threatening, insulting or offensive;
31.3.3. Intend to impersonate another person or entity;
31.3.4. Posted for the purpose of advertising;
31.3.5. Or contains a link to any virus, corrupted files, key loggers or any other malicious code or material that could cause harm to the computer, data or financial security of any party;
31.3.6. A comment intended to take advantage or collude with or against other players using our site or amount to activities of a suspicious or criminal nature;
31.3.7. A link to any intentionally false or misleading statements or any statement seeking to unfairly manipulate a market;
31.3.8. An attempt to collect or store data about other users;
31.3.9. A misuse of Forum functionality
31.3.10. Information protected by any form of intellectual property whether registered or unregistered or any contractual, statutory and equitable obligations of confidence
31.3.11. In a language other than the native language of that particular forum.
31.4. Our forums are moderated and all conversations are logged or recorded. We reserve the right to refuse to post any comment/s and investigate and take provisions, which may include but are not limited to the closure of any account against any user who is in breach of these terms and conditions. We also reserve the right to close or remove any chat rooms without prior warning and also to report any suspicious chats or comments to the relevant authorities.
31.5. Genesis Global Limited collects your personal information to administer and operate services, prevent fraud, defend our legal rights and for the purpose of compliance with regulations regarding the services we provide. Genesis Global Limited guarantees that your personal information will not be sold, rented or traded, and won’t be disclosed unless the following conditions occur.
31.5.1. When there is any suspicion of fraud or breach regarding the acts performed by the user, or in case you decide to file a dispute against us via a third party we reserve the right to disclose your personal/account details via a third party forum such as AskGamblers and your private data as needed, including to credit reference and fraud prevention agencies. The same applies for the national and international enforcement bodies and courts when they require this kind of information, as laws and regulations demand. Except for these situations, while you are using the Website with Genesis Global Limited, your personal information is reasonably safe from unauthorized use, damage, modification or disclosure, by all reasonable measures.
31.5.2. Genesis Casino Privacy Policy applies to your personal data. In addition to reserving the right to disclose your details (including any material you post in the Chat Rooms), in accordance with the Privacy Policy you are hereby notified that, in the event of a complaint relating to any potentially defamatory material and/or material that otherwise breaches these Terms and Conditions, it is the policy of Genesis Casino not to oppose an application to a court for the disclosure of personal data relating to posters in the Chat Rooms (or elsewhere on the site). Equally it is Genesis Casino policy not to disclose such data unless such an order is sought; or disclosure is permitted in accordance with the Genesis Casino Privacy Policy; or disclosure is permitted by reason of any exemption in applicable data protection legislation (which may include, amongst other things, the right to disclose suspicious content to the relevant authorities).
32. COMPLAINT HANDLING
32.1. The company endeavours to provide a high quality service to its players at all times. However, players may for various reasons feel that they are not satisfied with the level and/or quality of service and may wish to file a complaint. Aggrieved players may send an email to support@genesiscasino.com with as much details as possible.
32.2. Our customer support team will attempt to handle a player’s complaint as soon as is reasonably possible. If the support team cannot resolve the complaint they will escalate it to management for solution.
32.3. In any case the player will receive a response to their complaint within a period of 10 working days.
32.4. If You disagree with the final decision of the Company in respect of Your claim and/or dispute and would like to dispute it, then (a) inasmuch as it relates to any acts of the Company under its Maltese online gambling license, You may bring Your claim and/or dispute following the receipt of the Company's final decision to the Malta Gaming Authority at support.mga@mga.org.mt ; (b) inasmuch as it relates to any acts of the Company under its UK online gambling license, You may bring Your claim and/or dispute following the receipt of the Company's final decision to Customers who remain dissatisfied have the right to refer the dispute to our Alternative Dispute Resolution (ADR) service which is held by IBAS, PO Box 62639, London EC3P 3AS by clicking here or e-mail adjudication@ibas-uk.co.uk.
32.5. Please click here for our Customer Complaint Escalation Process.
32.6. Vexatious and malicious complaints shall not be accepted. A complaint shall only be dealt with once and attempts to unreasonably continue a complaint where an ADR or competent court is the next stage shall result in an administrative charge of R150.
