Terms

Version 2.14 applicable from 17th April 2019

1 INTRODUCTION

1.1 By using and/or visiting any section of the Website www.Bitkul.com (“Website”) or by opening an account on the Website you agree to be bound by:

1.1.1 the General Terms and Conditions, on this page;

1.1.2 the Privacy Policy;

1.1.3 the Bonus Terms

1.1.4 Any game rules;

1.1.5 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”, “Terms” or “these 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 In the event that there is any conflict or inconsistency between the Terms, the order of priority in which the Terms shall apply will be the same order in which the Terms are listed in paragraph 1.1 above

1.5 Any reference made to contact customer support refers to the contact link contact us

2 PARTIES

2.1 In these Terms reference to “Deposit Funds” means the funds that you deposit into your player Deposit Account,

2.2 reference to “Bonus Funds” means any funds that we credit to your player Saving Account by way of a bonus or promotion and any interest incomes which is not immediately withdrawable or redeemable

2.3 reference to “Winnings” is to any and all winnings from wagers which you deposited andy swapped into your player Deposit Account.

3 CHANGES TO THE TERMS OF USE

3.1 We may need to change the Terms for a number of reasons, including but not limited to, for commercial reasons, or in order to comply with new laws and regulations. The most up-to-date Terms are the ones available on the site, and the date on which they came into force is stated at the top of these Terms.

3.2 We will notify you of material changes to these Terms prior to them taking effect. We will notify you of any material changes, or of any other changes to the Terms which we wish to notify you of, by email or by placing a notice on the Website.

4 YOUR ACCOUNT

4.1 In order to place a stake via the Website, you will need to open an account on the Website (“Your Player Account”). In the event that you are registering or depositing using form of electronic verification, you authorise us to receive your personal details from such third party system and, on the basis of that information, to create Your Player Account.

4.2 You hereby acknowledge and accept that, by using the services at the Website, you may both win and lose cryptocurrencies.

4.3 Your Player Account must be registered in your own, legal, name. You may only open one account on this Website and in association with this brand. Any other accounts which you open subsequently on this the Website or otherwise in association with this brand shall be considered “Duplicate Accounts”. Any Duplicate Accounts may be closed by us immediately and:

4.3.1 any Bonus Funds will be confiscated and forfeited by you and any remaining Deposit Funds (less any Winnings) will be returned to you on request (minus any reasonable charges) subject to these Terms and any legal or regulatory obligations with which we are required to comply;

4.3.2 Any Winnings or bonuses which you have gained or accrued or (in relation to outstanding (unsettled) bets) may gain or accrue and which have been or may be credited to Your Player Account and/or withdrawn by you from Your Player Account during such time as the Duplicate Account was active will be forfeited by you and may be deducted from Your Player Account or reclaimed by us, and you will return to us on demand any such funds which have been withdrawn from the Duplicate Account.

4.4 You must maintain Your Player Account and keep your details up-to-date. If you wish to close Your Player Account you must send a request to do so to support@bitkul.com.

4.5 You may re-open a closed account by contacting customer support during the data retention period, as notified in the Privacy Policy.

4.6 We hold customer funds in a separate account from Company funds accounts. This means that steps have been taken to separate customer funds but customer funds are not protected in insolvency: not protected segregation.

4.7 In the unfortunate event of insolvency or brand closure, we reserve the right to void, rescind or cancel any stake.

4.8 Subject to us first obtaining specific and withdrawable consent from you, we may keep you informed about changes on the Website, and about new services and promotions, by email, phone and SMS. At any point in time, the user can opt out from receiving such communications by sending an email to support@bitkul.com or choosing “My Account” – “Message”.

5 VERIFICATION OF YOUR AGE AND IDENTITY

5.1 You confirm that:

5.1.1 You are at least 18 years of age, or any higher age required by laws that apply to you (the “Legal Age”).

5.1.2 The details supplied when opening Your Player Account are correct;

5.1.3 You are the rightful owner of the funds in Your Player Account;

5.1.4 The fund deposited is not derived from any activity which is illegal.

 

6 INACTIVITY AND DELETION OF PLAYER ACCOUNTS

6.1 If Your Player Account remains inactive (i.e. you have not logged-in to Your Player Account via the Website) for more than 30 months and the balance in Your Player Account is zero, Your Player Account may be closed and deleted.

6.2 If Your Player Account remains inactive (i.e. you have not logged-in to Your Player Account via the Website) for more than 30 months and there are any Deposit Funds in Your Player Account, we reserve the right to close Your Player Account in which case we will attempt to contact you to arrange for any Deposit Funds to be returned to you and any Bonus Funds will be forfeited.

6.3 If a player account remains inactive (i.e. when no login is performed via the Website) for a period of more than 6 months, we are entitled to charge a monthly account maintenance fee of 5 USDT, starting on the 7th month of inactivity. We will send a reminder mail to you via the e-mail address saved in Your Player Account details. Upon receipt of this reminder mail, you will have 30 days to log into Your Player Account and also to withdraw funds. If no login is registered within this 30-day period, 5 USDT of Deposit Funds, or in the absence of Deposit Funds, Bonus Funds, will be deducted from the balance. If the balance is less than 5 USDT then the whole amount will be deducted.

6.4 If Your Player Account remains inactive for a total period of 30 months, we will close Your Player Account. Any remaining funds will be kept by us for you for a period of five (5) years.

7 USERNAME, PASSWORD, AND CUSTOMER INFORMATION

7.1 After opening Your Player Account, you must not disclose (whether deliberately or accidentally) your username and password to anyone else. If you have lost or forgotten Your Player Account details you may retrieve your password by clicking on the “Forgot Password?” link below the login portal.

7.2 Players that are logging in using mobile number, may use mobile number to log-in to the Site with OTP Code (One Time Password) via SMS. Players shall keep OTP secure and shall be solely responsible for the security of those details.

7.3 We shall not be held responsible if there is any unauthorized use of Your Player Account for any reason not directly imputable to us. You are solely responsible for the use and operation of Your Player Account, as well as for the security of the credentials to access Your Player Account.

8 DEPOSITS TO YOUR PLAYER ACCOUNT

8.1 Deposits are made by transfer of cryptocurrencies to the Company’s account by way of the payment methods stated on the Website. 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 fulfillment 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 minimum deposit amount and transaction fees applicable  kindly visit our user guide&FAQs  in the main page of our Website.

8.2 By depositing money you agree not to make any charge-backs, reversals or otherwise cancel any deposits into Your Player Account, and you agree to refund and compensate us for any reasonable costs incurred by us in connection with any charge-back, reversal or cancellation of any deposits.

8.5 The Company can, under certain circumstances, credit Your Player Saving Account with so called bonus funds (which will form part of any Bonus Funds in your account).  Before we credit Your Player Account with any bonus funds, you must read and agree to the terms upon which the bonus funds or promotion will be granted to you.  We will notify you of these terms either to the email used to register your account or via “pop-up”.  We run a number of promotions on the Website at any time.

8.6 Any Bonus Funds are displayed separately from any Deposit Funds in Your Player Account. Bonus Funds can not be withdrawn but can be swapped to be part of your Deposit Funds.

Specific bonus and promotion terms and conditions will be published on the Website in conjunction with the launch of any bonus or promotion. If you request to withdraw all or some of the Deposit Funds used to activate a promotion or bonus before fulfilling any of the terms and conditional applicable to any Bonus Funds (including, but not limited to, any wagering requirements) or otherwise whilst a promotion or bonus is active or pending on Your Player Account you will forfeit any Bonus Funds in Your Player Account associated with the relevant promotion or bonus in their entirety. Any Deposit Funds that you have deposited which is not related to any bonus (i.e. which was not required to be made in order to claim Bonus Funds or to participate in any promotion) are free to be withdrawn at any point in time and will not result in the forfeiture of any Bonus Funds.

8.7 Funds in Player Saving Account will earn interest.

8.8 If you make deposits into Your Player Account using any payment method belonging to someone else (a third party), we retain the right to request further information and documentation from you and from the other person (the third party) to confirm that you are duly authorized to use that payment method. We will place a lock on Your Player Account until we are satisfied that you are duly authorized to use the payment method in question. If you are unable to provide us with satisfactory proof of your authority to use the other person’s (the third party’s) payment method, then we reserve the right to close Your Player Account and any Winnings and Bonus Funds will be confiscated and forfeited by you, as will any funds committed by you to bets which at the relevant time are yet to be settled. We also reserve the right to delay or withhold the payment to you of any Deposit Funds on receipt of a withdrawal request from you in order to comply with our legal and regulatory requirements.

9 WITHDRAWALS FROM YOUR ACCOUNT

9.1.1 All payments made into Your Player 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 We are not otherwise required to delay or withhold the payment to you of all or some of your Deposit Funds in order to comply with our legal or regulatory requirements.

9.2 A player may not withdraw any Bonus Funds other than in accordance with the terms and conditions applicable to the relevant Bonus Funds.

9.3 You are responsible for reporting your Winnings and losses to your local tax or other Authorities.

9.4 If Your Player Account has been dormant, closed, blocked or excluded for any reason other than for compliance with our client verification measures and for any period of time, you may contact our support team to request to recover any Deposit Funds that might still be in Your Player Account. Our support team will investigate any such request and we will contact you (subject to our legal and regulatory obligations) with information about how the Deposit Funds will be transferred back to you. You will need to answer a number of security questions for us to be able to verify that you are the legal owner of Your Player Account. If there is a dispute over Your Player Account or the funds held within it:

10 PLACING A STAKE

10.1 It is your responsibility to ensure that the details of any transaction you enter into are correct. Although the Company endeavours to ensure that the information available on its Website is correct, the Company assumes no liability for the any errors or any out of date, incorrect or incomplete information, including (without limitation) any results made available on the Website or the accuracy of any scores, statistics and intermediate results during in-play staking. For the purpose of in-play or in-running staking, the player should be aware that there may be delays to live transmissions and the extent of any delay may vary between players and between events.

10.2 You can access your last 30 days transaction history on the Website.

10.3 We reserve the right to refuse the whole or part of any wagering transaction requested by you at any time in our sole discretion. No wagering transaction is accepted by us until the amount equivalent to the stake is deducted from the relevant balance in Your Player Account.

10.4 Once your wager is accepted, you cannot cancel the wager without our written consent.

11 COLLUSION, CHEATING, FRAUD AND CRIMINAL ACTIVITY

11.1 The following activities are not permitted and constitute a material breach of these Terms:

11.1.1 Colluding with third parties;

11.1.2 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’);

11.1.3 Undertaking fraudulent or illegal activities, including but not limited to the use of a stolen, cloned or otherwise unauthorized cryptocurrencies, as a source of funds;

11.1.4 Taking part in any criminal activities including, but not limited to, money laundering;

11.1.5 Transferring of funds from one player account to another; and/or

11.1.6 Conducting account fraud, use of Duplicate Accounts, manipulation of our software or Website, exploitation of loopholes or other technical forms of abuse or other behavior which amounts to deliberate cheating.

11.2 We will take all reasonable steps to prevent such activities; detect them and ensure that the relevant players are dealt with appropriately. We may report knowledge or suspicion of an offence to the relevant authorities, we may suspend or close Your Player Account, confiscate your Winnings and any Bonus Funds (which shall be forfeited by you) and in certain cases, in fulfillment of our regulatory and legal obligations, block access to All Funds until we are directed on how to proceed by the authorities. We will not be liable for any loss or damage which you or any other player may incur as a result of any of the behavior outlined in paragraph 11.1 above and any action we take in respect of the same will be at our sole discretion.

11.3 If you suspect a person is colluding, cheating or undertaking a fraudulent activity, please report it to us .

11.4 We reserve the right to inform relevant Authorities, other online gaming operators, other online service providers and 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 OTHER PROHIBITED ACTIVITIES

12.1 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.

12.2 You shall not corrupt the Website, flood the Website with information with the intention of causing 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.

12.3 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.

12.4 You must not attempt to gain unauthorized 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. We will report any breach of this provision 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.

12.5 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.

12.6 It is prohibited to sell, transfer and/or acquire accounts from other players.

13 ALTERATION OF THE WEBSITE

13.1 We may, at our absolute discretion, add or remove, alter or amend, any of the products offered via the Website at any time.

14 IT FAILURE OR INTERRUPTION

14.1 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.

14.2 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.

15 ERRORS OR OMISSIONS

15.1 A number of circumstances may arise where a stake is accepted, or a payment is made, by us in error.

15.2 Neither we (including our directors, employees, partners or agents) nor our partners or suppliers shall be liable for any loss including (without limitation) loss of any Bonus Funds or Winnings that results from any error by us or an error by you. You will forfeit any Bonus Funds or Winnings that result from any such error. In such a scenario, the stake or wager will be refunded to Your Player Account.

16 EXCLUSION OF OUR LIABILITY

16.1 Your access to and use of the products offered via the Website, is at your own risk.

16.2 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 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.

16.3 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 in relation to your use of the Website.

17 BREACHES OF THE TERMS

17.1 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 any of the Terms.

17.2 Where you are in material breach of the Terms, we reserve the right, but shall not be required, to:

17.2.1 Provide you with notice (using Your Contact Details) that you are in breach requiring you to stop the relevant act or failure to act;

17.2.2 Suspend Your Player Account so that you are unable to place stakes and play games on the Website;

17.2.3 Close Your Player Account with or without prior notice from us;

17.2.4 Confiscate, and you shall forfeit, from Your Player Account, or (if applicable) recover from you the amount of any Bonus Funds and any Winnings in Your Player Account or that have been paid to you by us, in which case such Bonus Funds and/or Winnings shall be returned to us on demand; and

17.2.5 On receipt of a request from you, return any Deposit Funds (less any Winnings) to You to the account(s) from which they were deposited, minus any reasonable charges and subject to these Terms and any legal and regulatory obligations with which we are required to comply.

17.3 Any breach of clauses 4.2.1, 4.8, 11, 12, 29.3, 32.3, 32.4, 32.5, 32.6, 32.7 and 33.2 are considered material breaches.

18 INTELLECTUAL PROPERTY RIGHTS

18.1 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.

18.2 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.

18.3 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.

19 USE OF COOKIES ON THE WEBSITE

19.1 The Website uses ‘cookies’ to assist the functionality of the Website. A cookie is a small file of text which is downloaded onto your computer when you access the Website and it allows us to recognize when you come back to the Website. Information on deleting or controlling cookies is available at www.aboutcookies.org.  Please note that by deleting our cookies or disabling future cookies you may not be able to access certain areas or features of the Website.

19.2 For more information on the use of cookies please refer to the Cookie Notice.

20 COMPLAINTS AND NOTICES

20.1 If you wish to make a complaint regarding the Website, the first step should be, as soon as reasonably possible, to contact Customer Services

20.2 Complaints Procedure

20.2.1 – Complaints can only be made in respect of incidents that have taken place not longer than six (6) months from the date of the complaint.

20.2.2 – Within 24 hours of receipt of your complaint, we will email you and acknowledge that we have received your complaint, will confirm the particulars of your complaint and provide you with a copy of this procedure, upon request.  An agent will log your message, investigate your complaint and respond to it. We aim to provide you with a substantive response to your complaint as soon as practically possible and seek to resolve your complaint within five working days from the date we receive the complaint.

20.3 Whilst we will endeavor to resolve the complaint sooner, the maximum duration for a complaint to be resolved is eight (8) weeks. Provided that, in the event that we are unable to resolve a matter due to input required from you, and we are not sent such information within a period of seven (7) days from the date of the request, then we will ‘stop the clock’ for any additional period of delay beyond the first seven (7) days.

20.4. If your concern is not resolved at this stage you can escalate the complaint by referring the matter in writing to the Head of Customer Operations at support@bitkul.com. We aim to keep you informed throughout the process. Our Head of Customer Operations will provide you with their decision, which represents the final stage of our internal complaints procedure.  We aim to ensure that the entire complaints procedure takes no more than eight weeks form receipt of a complaint.

21 TRANSFER OF RIGHTS AND OBLIGATIONS

21.1 We reserve the right to transfer, assign, 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.

22 EVENTS OUTSIDE OUR CONTROL

22.1 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 endeavors 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.

23 WAIVER

24.1 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.

24.2 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.

24 SEVERABILITY

25.1 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.

25 LINKS

26.1 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.

26 CHAT ROOMS (BLOG)

26.1 The Company may give 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 site. We set the chat room policy and reserve the right to change these policies at any time.  We will notify you of any changes to the terms in accordance with paragraph 3 of these Terms. By using this chat room, you are binding yourself to comply with these Terms.

26.2 The chat room is intended for legitimate comments and constructive discussion. We reserve the right to restrict the ability of individuals to post comments in any chat room set up by us. We do not accept any liability arising from the use of such chat rooms by you or other players or other persons which is incorrect, inaccurate or otherwise in breach of these Terms.

26.3 Every user of our chat room agrees not to post any comment which is:

26.3.1 Defamatory in nature or contains any information that the user has no legal right to publish or to disclose, or the disclosure or publication of which is otherwise illegal;

26.3.2 (Or contains anything which is) racist, vulgar, hateful, obscene, profane, threatening, insulting or offensive;

26.3.3 Intended to impersonate another person or entity;

26.3.4 Posted for the purpose of advertising;

26.3.5 contains a link to any virus, corrupted file, key loggers or any other malicious code or material that could cause harm to the computer, data or financial security of any party;

26.3.6 A comment intended to take advantage of or collude with or against other players or us using our site or amount to activities of a suspicious or criminal nature;

26.3.7 A link to any false or misleading statements or any statement seeking to unfairly manipulate a market, game or event;

26.3.8 An attempt to collect or store data about other users;

26.3.9 A misuse of Forum functionality;

26.3.10 Information protected by any form of intellectual property whether registered or unregistered or any contractual, statutory and equitable obligations of confidence.

We monitor the content of chat room comments in an attempt to prevent any chat which would breach these Terms.  In order for us to monitor the chatrooms, we require all chat to be in the primary language of that particular forum.

26.4 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. 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.

27 INTERPRETATION

28.1 The original text of the Terms is in English and any interpretation of them will be based on the original English text. If the Terms of Use or any documents or notices related to them are translated into any other language, the version most favorable version to the player shall prevail.