Offer agreement

CASINO.UA LIMITED LIABILITY COMPANY, USREOU code 45397781, with its registered office at Ukraine, 04207, Kyiv, Lukianenka Levka street, 21, section 3, which conducts its business in accordance with the license for organizing and conducting online casino gambling activity, issued on 19.10.23 on the basis of the decision of the Gambling and Lotteries Regulation Commission under No. 307 dd. 13.10.2023 (hereinafter referred to the "Operator"), on the one part, and an individual person who, at the time of conclusion of this Agreement on Participation in Gambling (hereinafter referred to as the "Agreement") by acceptance of the public offer, has come of full age (21 years old), has full civil capacity, is not in the Register of persons with controlled access to gambling establishments and/or participation in gambling, and of his own free will uses the Provider’s Website https://casino.ua/ (hereinafter referred to as the "Website") and/or mobile application Casino.ua (hereinafter referred to as "Mobile app") to participate in gambling (hereinafter referred to as the “Player”), on the other part, (hereinafter jointly referred to as the “Parties” and each separately as the “Party”), have entered into this Agreement upon as follows:

1. TERMS AND DEFINITIONS

“Acceptance” is full and unconditional consent given by the Player to enter into this Agreement in full force and effect, by signing-up on the Website of the Provider and creating the customer account of the Player.

“Gambling game” is any game in which the condition of participation is to place a bet by the Player, which gives the right to win (get a prize), the probability of receiving and the amount of which depends in whole or in part on chance, as well as the knowledge and skills of the Player.

“Responsible gambling” is a basic principle of gambling organization, which involves the implementation by gambling providers of measures to prevent and minimize the negative consequences of an individual participation in gambling, as well as measures aimed at organizing self-restraint and self-control for gamblers.

“The Provider’s website” is a website owned by the Provider with the Internet address Casino.ua, with the use of which the Provider renders services related to casino gambling on the Internet. For the purposes of this Agreement, the term Provider's Website also means the Casino.ua mobile application.

“Winning (prize)” means funds, property, property rights to be paid (withdrawn) to the Player in case of his winning in gambling in accordance with the published rules of such gambling.

“Player” is an individual person who at the time of participation in gambling has come of full age (21 years old), is legally capable, is not in the Register of persons with controlled access to gambling establishments and/or participation in gambling, and participates in gambling of his own free will.

“The Player's customer account (Personal account)” is a part of the online system of the gambling provider, which provides the Player with complete information about his actions, agreements concluded with the gambling provider, balance of electronic money substitutes, and contains information necessary to identify the Player.

“The Casino.ua mobile application” is a computer program (software) designed to work on mobile devices, which is used to organize and conduct gambling via the online system. For the purposes of this Agreement, the general term "Provider's Website" is used.

“Gambling Provider/Provider” is a legal entity, CASINO.UA Limited Liability Company, which on the basis of license carries out its business activity associated with casino gambling on the Internet, in accordance with the Law of Ukraine “On State Regulation of gambling and betting activities".

“Offer” is the Provider's offer to the Player to enter into this Agreement on participation in gambling, on the terms and conditions set forth in the Agreement, which is posted on the Provider's Website.

Rules of the Provider Rules of the Operator of casino gambling on the Internet, rules of casino gambling on the Internet, posted on the Provider’s website Casino.ua.

“Register of persons with controlled access to gambling establishments and/or participation in gambling” a database containing information on individuals who, in accordance with the submitted applications or by court decision, are restricted from visiting gambling establishments and participating in gambling.

“Bet” means monetary funds or game substitute of hryvnia, transferred by the Player to the provider of gambling, it is a condition of participation in gambling and in accordance with the rules of such gambling the amount of winnings (prize) is based upon the rate of the bet.

All other terms and definitions are used in this Agreement in accordance with their connotation and wording in accordance with the Rules of the Provider and the requirements of current legislation of Ukraine.

2. SUBJECT MATTER AND GENERAL PROVISIONS

2.1. This Public Offer Agreement (Agreement on Participation in Gambling) is an accession agreement within the meaning of Art. 634 of the Civil Code of Ukraine and can be concluded only by accession of the other party to it as a whole.

2.2. In accordance with the terms and conditions of this Agreement, the Provider offers services related to gambling casinos on the Internet via the Provider's Website (hereinafter referred to as Services), and the Player, upon signing-up on the Provider's Website acquires the opportunity to place bets and participate in gambling on the Provider's Website in compliance with the Provider's Rules.

2.3. By signing-up on the Provider's Website, the Player hereby acknowledges that he accepts the terms and conditions of this Agreement, as well as he is fully acquainted with the Rules, Privacy Policy, Loyalty Program and other documents and policies of the Provider posted on the Provider's Website, and agrees to act entirely in accordance with them. The Agreement on Participation in Gambling is considered concluded upon the acceptance of bet in gambling by the Provider from the Player.

2.4. For signing-up the Player shall correctly and comprehensively fill in all the necessary fields of the relevant application on the Provider's Website as per the prescribed form. The form shall be filled in with Player's personal data as well as additional (non-personalized) data required for further identification when restoring access to the personal account. To create a Player’s customer account in the Provider's system and participation in gambling, the Player shall pass the identification procedure (verification, data recognition) in accordance with the requirements of current legislation and the Provider's Rules.

2.5. Rules of participation in online casino gambling determine the special rules and conditions of participation in the respective game and are posted on the Provider's Website. The fact of placing a bet acknowledges the Player's acquaintance and agreement with the Provider's Rules and conditions of participation in a particular game.

2.6. The Player guarantees that at the time of concluding this Agreement he has come of full age (21 years old), has full civil capacity and is not in the Register of persons with controlled access to gambling establishments and/or participation in gambling, and he voluntarily enters into this Agreement, and his expression of will is free and corresponds to his inner will. The Player warrants that he is not under the influence of alcohol, drugs or other intoxicants and has no other legal restrictions on the conclusion of this Agreement and participation in gambling.

2.7. If the Player, despite the prohibition established by the current legislation and this Agreement and the Rules of the Provider, took part in gambling, such an Agreement on Participation in Gambling concluded between the Provider and such Player shall be considered as null and void, and the payment (withdrawal) of winnings (prizes) under such an Agreement shall not be carried out.

2.8. If the Player does not agree with the terms and conditions of this Agreement and/or the Rules of the Provider, he shall be obliged to terminate the use of the Provider's Website.

2.9. The Provider hereby acknowledges that it is entitled to carry out activity associated with online casino gambling on the basis of the License and in accordance with the Law of Ukraine “On State Regulation of gambling and betting activities".

2.10. The Parties agree that this Agreement shall have full force and effect, be binding on the Parties and shall not require further signature by the Parties in paper or electronic form.

2.11. The Provider is entitled to make changes to this Agreement without prior personal written notice to the Players. Players shall be notified of changes by posting relevant information on the Provider's Website.

2.12. All casino gambling on the Internet is conducted according to the established rules. The procedure and terms of placing bets for gambling, their rate, the procedure for determination of the result of gambling, terms of payment and the procedure for calculation of winnings (prizes’) amount for each of the Provider's gambling are specified in the rules of the relevant gambling game posted on the Provider's website and/or in the menu of the corresponding game.

3. RIGHTS AND OBLIGATIONS OF THE PARTIES

3.1. The Provider shall be obliged to:

3.1.1. Render Services on the Website in compliance with the law, license conditions and the Rules of the Provider;

3.1.2. Render the Services of proper quality to the Player;

3.1.3. not to take actions that may affect the results of gambling;

3.1.4. inform the Player about the Services and the conditions of their provision on the Website;

3.1.5. adhere to the principles of responsible gambling established by the Authorized Body;

3.1.6. use online systems during gambling, which exclude the possibility of unauthorized interference in their work or the creation of conditions for a predetermined outcome of the game;

3.1.7. pay (withdraw) the winnings (prize) timely and to the fullest extent, in accordance with the rules of gambling during the period established by the Law of Ukraine "On State Regulation of gambling and betting activities", except as provided by the Law of Ukraine "On Prevention of anti-money laundering and anti-terrorist financing and weapons of mass destruction proliferation financing";

3.1.8. take measures to prevent persons under the age of 21 and persons subject to restrictions in accordance with the Law from participating in gambling;

3.1.9. take anti-gambling addiction (ludomania) measures including public information on gambling activity, on gambling addiction and responsible gambling, including restrictions on a gambler's age, chances of winning, principles of responsible gambling, signs of pathological and problematic gambling addiction and places where someone can get help in case of gambling addiction;

3.1.10. consider complaints of gamblers and other persons, including those sent via means of electronic transmission, provide replies to them within the time limits set by the rules of gambling;

3.1.11. take measures to prevent violations of the law by Players, employees of the Provider;

3.1.12. perform other duties specified by the current legislation of Ukraine.

3.2. The Provider is entitled to:

3.2.1. suspend unilaterally the provision of Services under this Agreement, including blocking the customer account of a Player if the latter violates the terms and conditions of this Agreement, the Provider's Rules, the Law of Ukraine "On State Regulation of gambling and betting activities" and/or other current statutory provisions;

3.2.2. request documents from the Player in accordance with the Rules of the Provider, in order to identify (verify) the Player, as well as, if necessary, require the use of video communication to confirm the identity of the Player;

3.2.3. to refuse to pay winnings (prizes) and return to the Player the funds contributed by him for gambling, if there are grounds envisioned by the Rules of the Provider and the legislation of Ukraine in the field of prevention of anti-money laundering and anti-terrorist financing and weapons of mass destruction proliferation financing;

3.2.4. on a stand-alone basis change and/or supplement the terms and conditions of this Agreement, the Rules of the Provider, without personal notification of the Player, by posting the relevant information on the Provider’s Website;

3.2.5. store and process any information entered by the Player when creating a personal account (player's customer account) on the Provider's Website or otherwise supplied to the Provider, including the Player's IP and MAC addresses, location data, operating system version and device settings, via which the Player gains access to the Website, etc.);

3.2.6. increase the minimum age of a player to participate in gambling;

3.2.7. to exercise other rights in accordance with the Law of Ukraine "On State Regulation of gambling and betting activities", License Conditions and other laws and statutory instruments of Ukraine regulating relations in the field of gambling.

3.3. The Player is obliged to:

3.3.1. comply with the requirements of the Law of Ukraine "On State Regulation of gambling and betting activities", the rules of the Provider and the rules of gambling, established by the Provider;

3.3.2. get acquainted with the Rules and unassistedly monitor their possible changes;

3.3.3. get acquainted with the information about the services posted on the Provider's Website;

3.3.4. get acquainted with the rules of the relevant gambling before the start of the game, in which the Player intends to take part, and strictly follow the rules of the relevant gambling game;

3.3.5. at the request of the Provider, present a document confirming the identity of the Player or another document in accordance with the rules of identification (verification) provided by the Law of Ukraine "On State Regulation of gambling and betting activities" and the Rules of the Provider.

3.3.6. submit to the full extent true and fair personal data that are necessary for the Provider to meet the requirements of the law, including updating personal data in case of their change;

3.3.7. submit, at the request of the Provider and for its acquaintance, a document certifying the identity and containing information about the age of the person;

3.3.8. adhere to the principles of responsible gaming, not to participate in the game if the Player has controlled access to gambling and/or the Player has a gambling addiction (ludomania), and immediately notify the Provider about the latter accordingly. In case of signs of gambling addiction (ludomania), the Player undertakes to stop using the Provider's Website immediately, refuse to participate in gambling, as well as to seek help from organizations, medical institutions and/or medical professionals who treat gambling addiction;

3.3.9. keep confidential and not pass on to third parties any information concerning the player's customer account (personal account), e-mail; take all measures to prevent the use of the account, e-mail address, logins and passwords by third parties.

3.4. The Player is entitled to:

3.4.1. Sign up on the Provider's Website and manage the player's customer account in accordance with the Provider's Rules;

3.4.2. require the Provider to render Services in accordance with the terms and conditions of this Agreement, the Rules of the Provider and the current legislation;

3.4.3. limit his participation in gambling on the Internet by imposing personal restrictions with respect to limit of funds that he wishes to spend on gambling in the manner prescribed by the Rules of the Provider;

3.4.4. exercise other rights provided by the Law of Ukraine "On State Regulation of gambling and betting activities" and the Rules of the Provider.

4. SETTLEMENT PROCEDURE

4.1. Settlements related to the placement of bets for participation in gambling, payment (withdrawal) of winnings (prizes), refund of funds deposited by Players for participation in gambling shall be carried out in accordance with the Rules of the Provider and the current legislation.

4.1.1. The Player is informed and agrees that all settlements with the Provider are made through the current accounts of the financial company that provides the Provider with funds transfer services. The Provider independently determines such a financial company and the terms of cooperation with it and can change both the financial company and the terms of cooperation at any time without informing the Players.

4.2. The Player shall be responsible for the accuracy of his payments and storage of settlement documents.

4.3. Any payments of the Player and/or replenishments shall be considered to be made after the actual receipt of funds on the Provider's accounts and acceptance of such funds by the Provider.

4.3.1. To participate in gambling on the Provider's Website, a Player must replenish (make deposit) his own customer account, which at the time of deposit is exchanged for electronic monetary substitutes for the purpose of using them to participate in gambling and which are the Player's property until the moment of the bet.

4.3.2. For the avoidance of doubt, the operation of depositing money (deposit) and exchanging it for electronic monetary substitutes does not involve the transfer of ownership rights to such electronic monetary substitutes or any goods and is not considered a sale of goods.

4.4. Settlements on the Player's customer account may be restricted or suspended by the payment system or the bank in accordance with the applicable law.

4.5. The Provider shall not bear responsibility for non-receipt of funds to the player's customer account or for delay in their crediting due to changes in internal procedures of financial institutions that carry out the transaction, or due to force majeure (failure of data transmission channels, authorization centres, etc.).

4.6. Payment of bets, refund of funds deposited by players to participate in gambling via the Internet, payment (withdrawal) of winnings (prizes) to Players shall be made in non-cash form via the online system of the Provider on the Internet in compliance with the provisions of the current legislation, including the Law of Ukraine "On Prevention of anti-money laundering and anti-terrorist financing and weapons of mass destruction proliferation financing."

4.7. The Provider shall be entitled not to accept bets from the Players without explanation, as well as from those Players who violate this Agreement or the Provider's Rules, and reserve the right to close or temporarily block the accounts of particular Players without prior notice.

4.8. The Provider shall not accept any bets and shall not render services to Players on credit or with instalment payment, or with subsequent payment, except for payment of the bet by credit or debit cards subject to payment authorization.

4.9. The Player's customer account shall be used to receive gambling services on the Provider's Website.

4.10. The period of payment of the prize or return of the bet is determined by the Rules of the Provider, but shall not exceed 30 (thirty) days from the date of the Player's application.

4.11. The detailed procedure for accepting bets and making payments (withdrawal) of winnings (prizes) is established by the Rules of the Provider.

4.12. By creation of a player's customer account and placing a bet, the Player hereby acknowledges that he is fully acquainted and accepts the conditions regarding the taxation of possible winnings and the application of commissions of banks and other financial institutions when transferring funds.

5. RESPONSIBILITY OF THE PARTIES AND SETTLEMENT OF DISPUTES

5.1. The Parties shall be liable for non-performance or improper performance of their obligations under this Agreement in accordance with the current legislation of Ukraine.

5.2. Complaints of the Player shall be considered by the Provider as per the procedure and during the time periods determined by the Rules of the Provider.

5.3. All disputes arising out of or in connection with this Agreement shall be settled by negotiation between the Parties.

5.4. If the dispute in question cannot be resolved amicably, it shall be settled in accordance with the legislation of Ukraine through judicial procedures in accordance with the established Jurisdiction and Cognisance of such dispute in accordance with the legislation in force in Ukraine.

5.5. The Player shall be responsible for the accuracy of the documents and information provided by him in accordance with the current legislation of Ukraine.

5.6. The Provider shall not be held liable for non-performance or improper performance of duties to the Player if the latter violates the terms and conditions of this Agreement, the Rules of the Provider and/or the current legislation of Ukraine.

5.7. The Provider shall not be liable for any losses or damages resulting from the Player's failure to take/ improper use of measures aimed at maintaining the secrecy of his customer account (personal account) and/or registration data, or as a result of a third-party access to the Player's account through the fault of the latter.

5.8. The Provider shall not be held liable for any loss or damage that the Player or a third party may suffer as a result of problems with information technology caused by attacks, viruses or other technologically hazardous materials through the use of the Provider's website, and/or download of any material posted on the website and/or any link references located on the website.

5.9. In case of termination of this Agreement due to violation by the Player of its terms and conditions, the Rules of the Provider and/or the current legislation of Ukraine, the Provider shall be entitled to cancel all or part of the bets, cancel winnings, close the account of such player and impose on the latter a penalty amounting to 100% of funds deposited to the customer's account.

6. FORCE MAJEURE CIRCUMSTANCES

6.1. The Parties shall be released from liability for non-performance or improper performance of obligations under this Agreement, if they arose as a result of force majeure.

6.2. Force majeure in this Agreement means any circumstances that arose beyond the will or against the will or wish of the Parties and which cannot be foreseen or avoided, including: military actions, public unrest, global outbreaks of viral epidemics, blockade, earthquakes, floods, fires, as well as decisions of public authorities or local governments of which the Player is a resident, or of a state of which the Provider is a resident, as a result of which the Parties (or one of the Parties) will be subject to additional obligations or restrictions which make impossible further full or partial execution of the Agreement, as well as any actions or events that affect the functioning of the online system of the gambling provider and make it impossible to render the Services by the Provider properly.

6.3. A party that has been subjected to force majeure shall notify the other Party in writing within 10 (ten) calendar days and provide a document confirming the occurrence of force majeure, issued by the authorized body.

6.4. Upon termination of force majeure, the commitment period shall be resumed. The Party that has been subjected to force majeure shall notify the other Party in writing of the termination of force majeure.

6.5. If the force majeure lasts for more than 3 (three) months in a row, the Parties shall be entitled to terminate this Agreement and make final settlements. In this case, the losses caused by the termination of the Agreement shall not be reimbursed and penalties shall not be imposed.

7. VALIDITY PERIOD OF THE AGREEMENT. THE PROCEDURE FOR ITS TERMINATION

7.1. This Agreement shall be considered concluded at the Provider's location from the moment the Provider accepts a gambling bet from the player, the Agreement shall not be limited in time and remain in force until its termination by either Party in the manner prescribed by this Agreement, applicable law and/or the Provider's Rules. Regarding the terms and conditions of the player's customer account creation, the making / return of the deposit by the Player, his consent with the terms of the Provider's Rules, the Privacy Policy, other documents and policies posted on the Provider's Website, this Agreement is considered concluded from the moment the Player's client account has been created.

7.2. The Player is entitled to close his Player’s customer account by contacting the Provider. In this case, the return of funds, available on such an account, to the Player shall be made with regard to the Rules of the Provider and the requirements of applicable law.

7.3. The Provider is entitled to cancel all or part of the Players' bets, suspend the payment of winnings (prizes), as well as close the player's customer account, in case of:

  1. registration of the Player's customer account by a person who does not meet the requirements established for the Players;
  2. forgery of documents, required for identification (verification), by the Player;
  3. discrepancies in the data provided by the Player with the data in his personal account;
  4. re-registration of the player's customer account by one person;
  5. if the document provided for identification (verification) is freely available on the Internet;
  6. when the Player uses a bank card (bank account) or other payment instrument that does not belong to the owner of the Player's customer account, as well as in case of use of the same payment instrument or bank card on different accounts;
  7. in any other cases of fraud on the part of the Player.

7.4. If the Player violates the terms and conditions of this Agreement, the Provider's Rules and/or applicable legal requirements, the Provider is entitled to terminate this Agreement unilaterally and close the Player's customer account by sending a notice to the Player about closing of account and termination of the Agreement. In this case, this Agreement shall be cancelled and considered terminated in its full force and effect without the conclusion of any additional documents.

7.5. If the amount of funds on the player's customer account as of December 31 of the respective year remains unclaimed for any reason by the player, and provided that more than 365 days have passed since the last winning and bet placement (if returned), the Provider shall be entitled to close such customer account, classify such debt as uncollectable and write it off.

8. OTHER CONDITIONS

8.1. Each Party guarantees to the other Party that it has the required legal capacity and authority necessary and sufficient to enter into this Agreement and execute it in accordance with its terms and conditions.

8.2. In the course of execution of this Agreement, as well as in compliance with the requirements of the current legislation, the Provider processes the personal data of the Players.

8.3. Information about the Player and his personal data shall be used exclusively for the purposes specified by the Law of Ukraine "On State Regulation of gambling and betting activities ", the Law of Ukraine "On Prevention of anti-money laundering and anti-terrorist financing and weapons of mass destruction proliferation financing" and the Rules of the Provider.

8.4. By acceptance of this Agreement, the Player of his own will agrees to the collection and processing of his personal data for the purpose, as specified in paragraph 8.3., and for the use of data for commercial purposes, including receiving / sending information about gambling and processing information about such participation, as well as sending by telecommunication means (e-mail, mobile communication) of advertising and special offers, information about promotions or any other details about the activities of the Provider. In the Player does not choose to receive information about the activities of the Provider, he shall be entitled to contact the Provider to unsubscribe for such messages.

8.5. Dissemination of personal data without the Player's consent is allowed in cases specified by the current legislation, in particular the Law of Ukraine "On Personal Data Protection", the Law of Ukraine "On State Regulation of gambling and betting activities" and the Law of Ukraine "On Prevention of anti-money laundering and anti-terrorist financing and weapons of mass destruction proliferation financing” and other laws and statutory instruments.

8.6. The Parties shall undertake to keep confidential the information obtained as a result of the implementation of this Agreement, except in cases where the contrary is authorized in writing by the other Party or required by public authorities in accordance with the applicable law. The defaulting Party shall be liable for illegal disclosure of confidential information in accordance with applicable law.

8.7. This Agreement shall be governed by and construed in accordance with the substantive law of Ukraine.

8.8. Relations arising on the basis of this Agreement shall be regulated by the Constitution of Ukraine, the Tax Code of Ukraine, the Laws of Ukraine "On State Regulation of gambling and betting activities", "On Prevention of anti-money laundering and anti-terrorist financing and weapons of mass destruction proliferation financing", as well as subordinate legislation, adopted in accordance with the Law of Ukraine "On State Regulation of gambling and betting activities", governing relations in the field of gambling and relevant international treaties of Ukraine, which binding authority has been provided by the consent of the Verkhovna Rada of Ukraine.

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