General Terms and Conditions
CLIENT AGREEMENT REGARDING USE OF ENERGYWIN SERVICES
Last Updated – 09/04/2019
These Terms and Conditions ("T&Cs" or "Agreement") constitute and govern the contractual relationship between the parties, Forwell Investments B.V. hereinafter referred to as "EnergyWin", and You, as the user, hereinafter referred to as "CLIENT", "You" or "Player".
The following words and terms, should be interpreted as follows, unless, the context clearly implies otherwise.
"Registration Form" shall mean the form to be filled in by the Player to open a User Account.
"Game" refers to any gaming activity presented by EnergyWin on its Internet Site for the benefit of the Users and as approved by the Regulatory Authority.
"Internet Site", "Website" or "Site" shall mean the Internet Site www.energywin.com and all other sites connected to it and accessible through links or other access paths including www.energywin.com.
"Login and Password" shall mean the login and password details that are chosen by a player upon registering with the online Casino.
"Service" shall include all EnergyWin services and game offer activities related to it and listed on www.energywin.com including but not limited to online casino.
"Live Casino" or "Online Casino" is online version of traditional casino, enabling users to play and wager on casino games through the Internet in real time.
"Software" shall mean the software licensed by us including all programs and databases and any other derived content whether accessible or otherwise used by you through the Internet Site and allowing you to participate in the online casino.
"Us, We" or "EnergyWin" shall mean EnergyWin or Forwell Investments B.V.
"User Account", "Player Account", "Gaming Account" or "Account" shall mean a personal account opened by an individual and maintained by EnergyWin as to allow this person to play the online games.
"You", "CLIENT", "Player", "User" or "Account Holder" shall mean the user of the Service and of the software accessible through the Internet Site and having a contractual relationship with EnergyWin.
"Money Player" individuals over 18 years of age, or the minimum age as set in law for participation in the corresponding country, who participate in games for money (stake real money "Games for money"). Players can participate in games as "Test Player" without wagering money or as "Money Player" wagering real money.
"Fun Games" or "Games for fun" mean Games as defined in this Agreement but that are offered for limited gameplay in a special Game mode which does not involve payment from the Player to the Operator. The sole purpose of this mode (games for fun) is to offer the possibility for the Player ("Test Player") to try out the Games offered before staking real money.
- "EnergyWin" in these Terms and Conditions refers to Forwell Investments B.V., a company incorporated in Curacao, having the following registered address:
Forwell Investments B.V.
Emancipatie Boulevard 29 - P.O. Box 6052
Curacao, The Dutch Caribbean
- All www.energywin.com products are operated by Forwell Ltd (UK) based on the gaming licence held by Forwell Investments B.V. registered address Emancipatie Boulevard Dominico F. "Don" Martina 29, Curacao, a company licensed and regulated by the laws of Curacao under the C.I.L. Curacao Interactive Licensing N.V .license number #5536/JAZ.
- The term "CLIENT" references to any individual or entity that expressly or impliedly agrees to all terms and conditions of EnergyWin by opening an account and placing bets on games on the Internet Site.
- This Agreement describes the terms, conditions and risks applicable to the CLIENT use of EnergyWin services available under the domain of www.energywin.com (the "Website"). If the CLIENT has any questions regarding this Agreement, please contact Customer Support.
- The CLIENT must read, agree with and accept all of the terms and conditions contained in this Agreement without modifications, which include those terms and conditions expressly set forth below and those incorporated by reference, before the CLIENT may become an active, registered CLIENT of EnergyWin. By continuing to access or use the SITE, the CLIENT agrees to follow the terms and conditions of this Agreement.
- This Agreement comes into effect upon acceptance of our terms and conditions. To create an User Account, the CLIENT must tick “I have read and accept the terms and conditions and acknowledge that I am 18 years old or over” box and “Register” button on the website www.energywin.com during the registration process. If the CLIENT does not agree to be bound by the terms and conditions of this Agreement, and does not use or access our SITE after registering, the CLIENT must inform us in writing immediately.
- This Agreement shall be governed by and interpreted in accordance with the laws of Curacao, excluding that body of law pertaining to conflict of laws. Any legal action or proceeding arising under this Agreement will be brought exclusively in courts located in Curacao, and the parties hereby irrevocably consent to the personal jurisdiction and venue therein.
- EnergyWin will not be liable in any way to any persons in the event of force majeure, or for the act of any government or legal authority. In the event that any provision in this Agreement is held to be invalid or unenforceable, the remaining provisions will remain in full force and effective.
- Failure of a party to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision.
- EnergyWin may assign this Agreement or any rights and/or obligations hereunder without the CLIENT’s consent.
- EnergyWin may amend the terms of this Agreement from time to time by posting the amended terms on the SITE. The CLIENT is responsible for checking whether the Agreement is amended. Any amendment shall come into force as of the day it was published on the SITE. By continuing to use the Internet Site, the Service or the Software offered by EnergyWin, the CLIENT agrees to be bound by the T&Cs of this Agreement as well as by the latest modifications to it. If the CLIENT does not agree to be bound by the changes to the terms and conditions of this Agreement, the CLIENT must not use or access our Services, and inform us in writing immediately.
- Forwell Investments B.V. is a private limited liability company organized and existing in Curacao registered in the Commercial register of Curacao no. 136125, for which on June 8, 2015 has been granted a sublicense by C.I.L. Curacao Interactive Licensing N.V. pursuant to Master Gaming License #5536/JAZ.
- In case of modification of these T&Cs, on logging into his account with EnergyWin, a pop-up box will inform the Player that the T&Cs have been updated. The Player shall be requested to agree with the updated T&Cs.
- Should there be any discrepancy between the T&Cs in the English language version and the version in any other language, the English version will supersede. The prevailing language in case of interpretation will be the ENGLISH language. All language versions in the Terms and Conditions will reflect the same principles.
2. ONLINE SERVICES AGREEMENT
This Agreement is made by and between EnergyWin and the Client. This Agreement applies to the Internet Site www.energywin.com operated by EnergyWin, including its electronic content and/or currently contained on the Website software that supplies the Client with the games and services offered by EnergyWin.
EnergyWin reserves the right to impose certain conditions (beyond those detailed in Clause 3,4,5,6,7) on the admission of Players to the games (e.g. minimum number of completed games, verification of transacted payments) and to extend or change the services on the website at any time.
3. MEMBERSHIP ELIGIBILITY
- The Services are available to and may only be used by individuals who can form legally binding contracts under the law applicable to their country of domicile. It is the CLIENT’s responsibility to ensure that their betting is legal.
- Services are not available to persons under the age of 18 or otherwise under legal age ("Minors"). If the CLIENT is a Minor, the CLIENT may not use this service. If as a client you do not qualify, please do not use our SITE. Participation in the games for money (as a "Money Player") is exclusively reserved for individuals over 18 years of age, or the minimum age as set in law for participation in the corresponding country.
- EnergyWin is entitled to require CLIENT to provide proof of age and to refuse a CLIENT’s admission to the games if it has reasons to believe that the minimum age requirement is not fulfilled.
- In all circumstances we shall not be held responsible for misuse of our services by any unauthorized parties or minors.
- EnergyWin Services are not available where they are illegal to use, (including but not limited to the United States) and EnergyWin reserves the right to refuse and/or cancel Services at its own discretion.
4. Registration Information
- In order to participate in the games as a Player the User must complete the registration form on the website www.energywin.com and therewith open a "Player Account". The User must fill in the registration form provided by EnergyWin which shall at least include the following details:
- the customer’s identity. The CLIENT warrants to, provide true, accurate, current and complete information regarding identity during the registration process. Any false information or impersonation of any person or entity, misrepresentation regarding any affiliation with another person, entity or association, use of false headers or other acts or omissions to conceal one’s identity from EnergyWin for any purpose will be prosecuted under the fullest extent of the law. A CLIENT accessing EnergyWin services may be asked to provide valid subsisting verification of identity and relevant information.
- date of Birth. The CLIENT assures EnergyWin that he/she is over 18 years of age. No person under 18 years of age may be registered as a player and any funds deposited or any money won by any such person shall be forfeited to the Regulatory Authority.
- the customer’s place of residence. Please note that the CLIENT may be asked to prove his/her place of residence by providing proof of identity such as copy of identity card, passport or driving license and/or utility bill;
- the customer’s valid email address and mobile number
- personal and confidential username ("Pseudonym", "Nickname"). The Username must be unique and clearly identifiable. Offensive or indecent names are not allowed. Further prohibited are usernames that contain or allude to an Internet link or account names, which allude to certain rights of the User (ex. the term "administrator" is reserved for EnergyWin). We reserve the right to suspend accounts with an unacceptable Username. Accounts can be reactivated as soon as suitable and acceptable alternative has been chosen.
- password. The User is advised to choose a strong and non-predictable password for security and is responsible for ensuring that this password is kept secret.
- During the registration process, the CLIENT must provide EnergyWin with valid identification, including but not limited to the address, contact email and mobile number. To complete the registration process, the CLIENT is required to enter the 6 digits verification code sent to registered mobile phone number. Once the registration is completed successfully, the CLIENT will receive a welcome email along with a link to confirm the email validity. Although the last step is informal and does not render the registration process, it confirms that the CLIENT is the legitimate person accessing the EnergyWin account. Should the client face any technical difficulties, they can contact our dedicated Customer Support team for further assistance.
- The User shall ensure that the registration details are kept up-to-date and shall make any necessary changes of name, address or e-mail address on EnergyWin’s website without undue delay. It is the player’s responsibility to inform us immediately of any changes to the player’s personal information.
- In the event that EnergyWin has reason to believe that the information given is inaccurate, We are entitled to suspend or terminate User’s account and retain any winnings.
- When the customer submits his first request for withdrawal, details of his personal bank account or any other payment method available and acceptable for such withdrawal should be provided to EnergyWin.
- The Client is responsible for securing the Username and Password for their account with EnergyWin. EnergyWin holds no responsibility for any damage caused due to any act or omission of the Client causing inappropriate or irregular use of their Account.
- A CLIENT must register personally and not on behalf of someone else.
- The CLIENT is not allowed to register if he/she is already registered on EnergyWin SITE with an active account; Only one account per person is allowed. Use of more than one Account per physical player is known as "multi-accounting" and as such is strictly forbidden. EnergyWin retains the right to close a User Account at any time and to cancel all the transactions pertaining to any Player that has registered more than one Account in his own name or under different names, in the event that EnergyWin has the reason to suspect that the registration of said multiple Accounts has been undertaken with the intent of defrauding or cheating.
- It is prohibited for CLIENTS to sell, transfer and/or acquire accounts to/from other CLIENTS. Funds can only be remitted to the same account from where they originated at the deposit stage.
- A CLIENT declares not to deposit money using a credit card, bank accounts and any other payment accounts and solutions to which he/she is not authorised.
- A Client is not allowed to use business/company credit cards or bank accounts to deposit funds into their user account.
- Making deposits by the CLIENT into an account for any reason other than participating in games, particular illegal purposes (e.g. money laundering) is not allowed; Depositing money orginating from criminal and/or other unauthorised activities is also prohibited;
- A CLIENT declares not to be classified as a compulsive gambler;
- A CLIENT’s registration may be refused or closed at the operator’s sole discretion, but contractual obligations already made will be honoured.
- The registration and set up a gaming account are free of charge.
- There is no general right to registration and participation in the games.
5. Password Security
- The User is advised to choose a strong and non-predictable password for security and is responsible for ensuring that this password is kept secret.
- It is the Player's responsibility to ensure they keep their Username and security details (including password) confidential and game made online on the website under Player’s Username and security details will be regarded as valid, irrespective of who participates in the game. In the event that there is concern that the secrecy of such details is no longer the case, Player should notify EnergyWin immediately whereupon new details may be forwarded and any future transactions under the previous details would be considered void.
- EnergyWin is in no way responsible for the eventual access to a User Account by a third person and will not be held responsible for any eventual loss suffered due to the illicit use of a Player’s password by a third person, of unauthorized access, and/or for any transaction in which the name and password of a Player was registered correctly.
6. Legal Restrictions
- The CLIENT warrants its understanding that laws regarding online gambling vary throughout the world, and it is CLIENT’s obligation alone to ensure compliance with any law, regulation or directive, relevant to client country of domicile. Ability to access the EnergyWin SITE does not necessarily mean that EnergyWin Services, and/or CLIENT activities through it, are legal under the laws, regulations or directives relevant to the CLIENT country of domicile.
- The CLIENT understands and accepts that EnergyWin is unable to provide them with any legal advice or assurances and that it is the CLIENT’s sole responsibility to ensure that at all times they comply with the laws that govern them and that they have the complete legal right to play the Games. Any participation in the Games is at their sole option, discretion and risk. By playing the Games, they acknowledge that they do not find the Games or Services to be offensive, objectionable, unfair, or indecent in any way.
- The CLIENT guarantees at all times not to be a resident of the 'Excluded Countries' like: United States, United Kingdom, Curacao, Aruba, Bonaire, St. Martin, St. Eustatius, Saba, Israel, Australia, Turkey, Hong Kong, Netherlands, France, Spain, Italy, Denmark, Belgium, Romania, Iran, Iraq and / or others restricted by limited legal capacity.
- EnergyWin does not intend that the Website should be used for betting or any other purposes by CLIENT present in countries in which such activities are illegal. EnergyWin’s SITE does not constitute an offer, solicitation or invitation by EnergyWin for the use of the games or other services in any jurisdiction in which such activities are prohibited by law.
- CLIENTS shall not treat the licensee as a financial institution nor expect interest on their deposits.
7. Limited Use
- EnergyWin grants the CLIENT a non-exclusive, non-transferable and limited personal use to access the SITE (the "License"). The SITE use is conditioned on continued CLIENT compliance with the terms and conditions of this Agreement.
- The CLIENT agrees not to resell marketing materials provided to them by EnergyWin or permit secured access of the SITE to others, and not to copy any materials appearing on the SITE for resale or for any other purpose to others without the prior written consent of EnergyWin.
- The CLIENT shall be responsible and bound by any unauthorized use of the SITE, made in breach of this section.
- The CLIENT agrees to use the information received from the information systems of EnergyWin for the sole purpose of executing transactions inside and within the SITE.
- The CLIENT further agrees not to use any electronic communication feature of a Service on the SITE for any purpose that is unlawful, tortuous, abusive, intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening or hateful.
- The License granted under this Agreement will terminate if EnergyWin believes that any information provided by the CLIENT, including the CLIENT e-mail address, is no longer current or accurate, or if the CLIENT fails to otherwise comply with any term or condition of this Agreement and all rules and guidelines for each service, or EnergyWin establishes that the CLIENT has abused in any way EnergyWin’s games and services. Upon notification of such violation, the CLIENT agrees to cease accessing Services. The CLIENT agrees that EnergyWin, at its sole discretion and with or without notice, may terminate the CLIENT access to any or all Services, close CLIENT open transactions, remove and discard any information or content with its Service.
- Misconduct by CLIENTS is forbidden on the website. CLIENT’s behaviour is deemed as a violation of these Terms and Conditions, whenever, but not exclusively, if the CLIENT:
- intentionally provides inaccurate or incomplete information;
- attempts to manipulate the result of games through concerted practices, alterations of the program or in any other undue way;
- deliberately cause malfunctions or defects of the website in order to undermine the natural flow of the game;
- sets up more than one account per person; or any other regulations set out in these Terms and Conditions is violated. This list of misconduct is not exhaustive,
- uses abusive or offensive language in email messages and/or during live chat, makes matrimonial offers, pornographic references or sexual comments, sends spam, threatening messages, uses verbal abuse or slurs EnergyWin and its employees. Any violation of this policy will result in the end of the conversation and suspension of player’s account for an indefinite period of time.
- The CLIENT will not decompile or attempt to decompile the software on EnergyWin’s website or develop software that interferes with the Client-Server-Communication software used on its website.
- The use of any software program which facilitates artificial intelligence is strictly prohibited. Prohibited software may include software which EnergyWin believes allows player to cheat or gives one player an unjust advantage while wagering on the website. EnergyWin reserves the right to take action in order to detect and prevent the use of such software by Players. Should EnergyWin identify or suspect for good reason the use of prohibited programs, EnergyWin reserves the right to freeze the relevant Player’s account for a period of at least six (6) months, to confiscate any funds in that account and/or to suspend the Player from using the services of EnergyWin.
- In the event of misconduct by a CLIENT, EnergyWin is entitled to immediately terminate the Agreement with the CLIENT and exclude him from further use of the website.Further, EnergyWin is entitled to interrupt and terminate on-going games, to block the CLIENT or the CLIENT’s account with or without prior notice and to retain the User’s credit and winnings achieved through misconduct until clarification of the situation.
9. Account Cancellation
- EnergyWin reserves the right in its sole discretion to refuse, cancel the Services, and/or refuse to distribute profits to anyone for any legitimate reason including, but not limited to:
- any instance when EnergyWin has cause to believe that a person's activities on the SITE may be illegal;
- any instance where EnergyWin may suffer any fiscal, regulatory, or pecuniary disadvantage by virtue of anyone’s activities;
- any instance where one or more transactions on the SITE are judged by EnergyWin to have been performed in violation of this Agreement.
10. Aborted or Miscarried Games
- In the event that any information is incorrectly published on the website, EnergyWin will take remedial action in order to rectify and amend the data in the system so as to reflect the correct information. Any winnings that are affected by the publishing of incorrect information will also be accordingly amended.
- In the event of a miscarried game for any reason whatsoever, all players’ transactions are always accurately logged on our systems, therefore we will always have access to what actually happened during the gameplay. Kindly contact customer care team for any queries via email on firstname.lastname@example.org.
- We reserve the right to correct or declare results void with hindsight, if the result of the game was caused by a technical default, fraudulent behaviour of a Player or through a fake wager. We reserve the right to recall any payment that is made in error.
11. Cash Gaming Mode ("Games for money")
- Every eligible CLIENT after opening an account and successful depositing of money to Player’s account, can play games for cash.
- Participation in the Cash Games with real stakes requires the CLIENT to deposit cash to his gaming account as described below.
12. Test Gaming Mode ("Games for fun")
- After an account is established and the CLIENT is able to successfully log into his gaming account with EnergyWin, a certain amount (as defined by EnergyWin) of virtual Fun Money is credited to the Player’s account. This serves the purpose for the Player to be able to test the games on the website.
- In cases where the CLIENT wins, there is no claim for virtual Fun Money.
- Withdrawal of this credit or transferring the Fun Money as real money is not possible.
- The credit of virtual Fun Money is recharged automatically every day and cannot be purchased by the player with cash.
- A request for withdrawal cannot be made while the User is involved in a gaming session.
- EnergyWin's finance department handles all withdrawal requests submitted. EnergyWin reserves the right to verify the entitlement of the User and, in case of doubt, to retain the withdrawal. Valid documents issued by government and Identity documents must be submitted in order to process a withdrawal. No withdrawals for the cumulative amount of €2300 and over will be processed, unless such documentation has been submitted by the player and verified by EnergyWin’s finance department. However, EnergyWin reserves the right to verify the User’s identity, age and location at any time before processing any amount of requested withdrawal.
- Withdrawal methods and their relative information are included in the Withdrawal section on the website (https://www.energywin.com/en/Withdraw).
- Any expense related to withdrawal requests, if applicable and explicitly announced on the website, shall be charged to the receiver.
- Withdrawals of winnings or parts thereof will be paid out upon request of the player. Please note that only first withdrawal a week is free of charge. A second and every next withdrawal the same week costs a fixed fee €5. The minimum withdrawal amount per transaction is no less than €20 for most payment methods and €50 for a bank transfer (or equivalent in other currency) with the exception of an account closure in which case the player has the right to withdraw the full balance no matter how much it is. The maximum withdrawal amount per transaction is effected by any of payment methods available on the website.
- The personal data of the User of the cash gaming account and the holder of the bank account (or any other payment method) must correspond. EnergyWin reserves the right to request further documentation for the proof of identity and verification of the bank account (or any other payment method) and retain winnings until such proof has been provided.
- The maximum withdrawal amount per day is €5000; unless otherwise specified for the chosen payment method. For your protection in any twenty four hour period You may only withdraw the maximum amount of €5000 unless a larger amount has been agreed by prior arrangement.
- Withdrawals from a User’s Account can only be addressed strictly to the person registered on the account and as per the conditions specified on the Website.
- Withdrawals can only be paid-out to the same account and payment method from which player's deposits have originated. By following this “closed loop” policy (ensuring that payouts are made back to the same method as the inbound funds originated) EnergyWin complies with “The Fourth EU Anti-Money Laundering Directive.” However, there are some occasions where this closed loop system is impossible to enforce. Whilst ensuring compliance with the “The Fourth EU Anti-Money Laundering Directive,” EnergyWin is also obligated to ensure our Clients’ needs are served. Furthermore, sometimes technical and /or policy reasons beyond our control mean that payouts cannot be made in this fashion.In these cases EnergyWin go to all required lengths and beyond to verify that the alternative account is owned by the individual player. Our risk department runs a full assessment of the case. The risk department of EnergyWin makes the final decision as to whether a payment outside of a “closed loop” payment will be performed or not.
- Once a withdrawal request is submitted it can take EnergyWin up to 3 business days to process the request. However, EnergyWin will be doing its best to process withdrawal requests immediately.
- Funds cannot be withdrawn from one’s account unless the same funds have been wagered at least once. Staking bets on table games with minimal loss expectancy (opposite betting) will not be considered as valid in fulfilling wagering requirements. Please be informed that five percent (5%) administrative charge, with a minimum fee of ten Euro (€10) from the last deposit may be applied for payout requests referring to amounts deposited with EnergyWin which have not been used at least once for playing casino games. Before such payout can be approved, it has to be assessed and confirmed by the Risk Department.
- In order to fund a player account (by transfer of money to EnergyWin’s account) one can do so by utilising the deposit methods and their relative information, which are included in the Deposit section on the website (https://www.energywin.com/en/Deposit).
- EnergyWin reserves the right to impose certain conditions on the use of particular payment methods. EnergyWin has also the right to change the payment methods available without giving notice.
- EnergyWin does not guarantee that all methods of payment are available at all times.
- A deposit request via credit card into a player account, funds the account in real time.
- Credit/debit card payments are processed by Forwell Ltd. with registered address 85 Great Portland Street, First Floor, London, England, W1W 7LT, as per an agreement between the two companies.
- Please be advised that credit/debit card transactions payment reference on your card/bank statement will read Forwell Ltd.
- EnergyWin reserves the right to request an image of both sides of the credit card used to deposit at any time and at its own discretion. In order to reflect the best security practices, the client will always be asked to hide CVV number and wipe out certain card numbers.
- Internet gambling may be illegal in the jurisdiction in which you are located; if so, you are not authorized to use your payment card to complete transactions.
- It is the Cardholder's responsibility to be aware of any relevant laws and regulations concerning online gambling in their specific country or jurisdiction.
- It is strongly recommended that the Cardholder retains copies of transaction records, in addition to Merchant policies and rules.
- Self-deposit limits can be imposed by the player through the use of the website.
- The minimum deposit amount per transaction is no less than €10 (or equivalent in other currency). The maximum deposit amount is effected by any of payment methods available on the website.
- The majority of deposits are credited instantly, however, in certain circumstances, some payments may take up to 1 banking day.
- The player acknowledges that EnergyWin reserves the right to request proof of payments to players accounts.
- All payments into the Account must be from a payment source on which Player is the named account holder.
15. Fees and Charges
- The amount that is displayed as the CLIENT “payout” is net of fees. Accordingly, the “payout” amount will be the exact amount deposited into your account. However, sometimes an additional fee during withdrawal process may apply usually, but not only, related to withdrawal request, if applicable and explicitly announced on the website.
- The base currency in EnergyWin’s software is EURO, but the account balance of the CLIENT may be displayed in another currency. You can choose other currency than EURO for Your Player’s account but You must be aware that sometimes the payment process in such Player’s account may be subjected to small exchange rate when changing payment amount into Euros. Please note that any exchange premiums are payable by You.
- CLIENTS may choose to close their account at any time. In such cases a player is requested to send an email to email@example.com, and customer care will proceed in closing the account and confirming to the CLIENT that such termination has taken place. In order for a CLIENT to claim funds from a dormant account, closed, blocked or excluded account, one must contact EnergyWin by email on - firstname.lastname@example.org.
- Statements will be issued on a quarterly basis and fees will continue to accrue pursuant to the auto renewal terms and conditions should the CLIENT fail to provide required (30) day written notice of termination to email@example.com.
- The CLIENT expressly authorizes EnergyWin to collect any account fees due and owing pursuant to these terms and conditions by debiting the CLIENT credit card on file, or by debiting the CLIENT’s EnergyWin account.
16. EnergyWin Bonus Policy
- Under certain circumstances, in addition to the amount of money deposited, so called “Bonus Money” is credited to the account.
- Bonuses being offered and their details of crediting Bonus Money will be available on the Bonus/Promotions section of the website. The amount of Bonus Money is determined by EnergyWin and set out on the website. The Client has no general entitlement to receive Bonus Money.
- EnergyWin offers a number of attractive reward features to its new and subsisting Clients. Bonuses are rewarded to Clients as part of EnergyWin's promotions program. These bonuses are limited time offers and the terms and conditions associated with any bonus rewards are subject to change.
- The Client binds himself not to abuse the ability of opening accounts in order to benefit from bonus credits and other promotional offers that EnergyWin may offer. EnergyWin reserves the right, in case of abusive behaviour on the player’s part as related to bonus credits and/or to promotional offers by EnergyWin, in its sole discretion, to rescind or block client accounts created to that end, as well as their transactions.
- EnergyWin reserves the right to revoke and/or cancel any bonus and/or winnings which are deemed to be abuse and/or misuse of any promotional system or are result of the Client’s acting in bad faith intending to profit from the obvious technical or other mistake occurs within the Services provided by EnergyWin Investments. In the event of any dispute, Player accepts that EnergyWin’s decision is final.
- The Bonus Money is kept separately from the Real Money on the account. It will not be paid out directly but instead only once it has been transformed into real cash winnings. If the cash account contains both Bonus and real money, the Bonus Money will not be used for wagers until the real money is consumed. Specific bonus conditions will be published on the website.
- The withdrawal of funds from an account before completing bonus conditions will immediately nullify the bonus and the CLIENT will no longer be eligible for any accumulated bonus rewards.
- Any indication of fraud, manipulation, cash-back arbitrage, or other forms of deceitful or fraudulent activity based on the provision of the bonus will render the account inactive along with any and all profits or losses garnered.
- The prevailing language in case of interpretation of any bonuses will be the ENGLISH language.
17. Limited Liability
- The games and services offered on the Website are available to Clients only within the scope of the current state of technology used. EnergyWin provides no guarantee for the uninterrupted availability or the serviceability of the services offered. EnergyWin accepts no liability for the uninterrupted availability and serviceability of the games.
- EnergyWin undertakes to supply steady Services on the Website. However, EnergyWin assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, the Website or Services.
- EnergyWin is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, hardware, software, failure due to technical problems or traffic congestion on the Internet or on any of the Website or Services.
- EnergyWin accepts no liability for any interruption of games or website downtime. It is not liable for any errors contained in any game, nor is it duty bound to correct them – EnergyWin is not liable for any damage caused as a result. Furthermore, EnergyWin assumes no liability for the existence of or damage caused by viruses or other damaging components on the website or the corresponding server, which could lead to damage to the computer hard and software of the User.
- EnergyWin is not liable for damages caused by mistakes of data entry, storage and processing of the data and by incompleteness and inaccuracy of transmitted data. In particular, EnergyWin reserves the right to correct obvious mistakes during the storage and processing of results (e.g. the mistakes relating to the identity of the Players, wagers etc.) In cases of such mistakes due to errors or software problems, causing a game to miscarry or abort, the game will be deemed void and the wagered amount will be refunded to the Client. EnergyWin also reserves the right to limit/refuse bets, whenever it deems this to be necessary due to any errors, software malfunctions or similar circumstances.
- To the maximum extent permitted by applicable law, under no circumstances shall EnergyWin be responsible for any loss or damage resulting from use of the SITE or Services, from any content posted on or through the SITE or Services, or from the conduct of any users of the SITE or Services, whether online or offline.
- In no circumstance shall EnergyWin or any of its directors or employees be liable to the Client for any damages whatsoever, including without limitation indirect, incidental or any type of consequential damages, which may arise from out of, or in connection with Clients’ use of the Website or services, including but not limited to the quality, accuracy or utility of the information provided.
- EnergyWin is not liable for damages of any kind that are caused by the undue use of the account by the Player or third parties.
- EnergyWin is not liable for the loss of winnings caused by games that are interrupted.
- EnergyWin shall in no event, nor under any circumstances, be liable for any damages or losses that are deemed or alleged to have resulted from or caused by its Internet Site or its content, including, without limitation, delays or interruptions in operation or transmission, communications lines failure, any person's use or misuse of the Internet Site or its content, or any errors or omissions in content.
- In case of infringement of the Terms and Conditions of the website by the User, the User shall indemnify EnergyWin from any claims by third parties and bear any losses, costs or damages resulting thereof.
- The forgoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction, and in no event shall EnergyWin’s cumulative liability to the client exceed the amount of money the Client transferred or deposited in the Client’s account on the Website in relation to the transaction giving rise to such liability.
18. Anti-money Laundering Procedures
- No person shall abuse this Website for the purpose of money laundering. EnergyWin may employ best-practice anti-money laundering (AML) procedures. EnergyWin reserves the right to refuse to do business with, to discontinue to do business with, and to reverse the transactions of, Clients who do not accept or conform to the following AML requirements and policies:
- Winnings will only be paid to the individual who initially registered to open a live account and specifically only to the originating credit card or account on file;
- In the case of winnings from a third party deposit, the deposit will be returned in full back to the 3rd party using the same account/payment method through which it originated, and the winnings will be delivered to the verified payment method of our client registered at energywin.com.
- Only one account is allowed per person. No winnings may be collected on accounts opened in false names or on multiple accounts opened by the same person;
- EnergyWin may, from time to time, at its sole discretion, require a client to provide additional proof of identity (KYC documentation) such as notarised copy of passport or other means of identity verification as it deems required under the circumstances and may at its sole discretion suspend an account until such proof has been provided to its satisfaction;
- All transactions are checked to prevent money laundering.
- If the CLIENT does not respect these rules and regulations then EnergyWin may suspend the player’s account pending investigation.
19. Intellectual Property
- All content, trademarks, services marks, trade names, logos and icons are the property of EnergyWin and are protected by copyright laws and international treaties and provisions.
- The Client agrees not to delete any copyright notices or other indications of protected intellectual property rights from materials that the Client receives from EnergyWin or the Website. The Client will not obtain any intellectual property rights in, or any right or license to use such materials or the Website, other than as set out in this Agreement.
- The Client agrees not to resell marketing materials provided to them by EnergyWin or permit secured access of the Website to others, and not to copy any materials appearing on the Website for resale or for any other purpose to others without the prior written consent of EnergyWin. The same rule applies to all users of the Website not limited to the Account holders.
- Images displayed on the Website are either the property of EnergyWin or to be used with permission. The Client agrees not to upload, post, reproduce or distribute any information, software or other material protected by copyright or any other intellectual property rights (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights and the prior written consent of EnergyWin.
The Client agrees to defend and indemnify EnergyWin and its officers, directors, and employees, and to hold them harmless from and against any and all claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with:
- Client's access to or use of the Website or Services;
- Client’s violation of any of the terms of this Agreement; or
- Client’s breach of any applicable laws or regulations.
21. Term and Termination
- The term of the Agreement shall be for an indefinite period Should the CLIENT wish to terminate this Agreement at any time, he may do so by sending an e-mail notification to EnergyWin. As of termination, the CLIENT shall not be able to carry out new transactions.
- The CLIENT may only terminate the agreement with EnergyWin by providing written notice to the customer support email at firstname.lastname@example.org.
22. Marketing and Promotion
In the event that a Player wins an amount equal to two thousand five hundred Euro (€2,500) or more, through the use of the Software or the Service, the Player may be asked to grant permission to the company the rights and authorization to use the Player’s username, name, and/or portrait in all media as part of the company’s marketing and promotional needs, and for its Internet Site(s), however, to do so will be at the Player’s discretion.
By opening an Account with EnergyWin, the Player implicitly gives his authorisation to the processing of any personal data in compliance with the privacy laws in force in Curacao. The processing of personal data is exclusively managed to the end of account maintenance for use of the services as offered by EnergyWin. EnergyWin does its utmost to ensure the privacy, confidentiality and security of its Clients, which are preserved both throughout their interaction with the Company and afterwards, to the fullest extent achievable by EnergyWin.
- When Clients register with the Company, they acknowledge their willingness to share with EnergyWin certain private information which will be used for the purpose of confirming the Client's identity and ensuring the security of their deposits and player account. This information is collected in line with our stringent verification procedures that are used to deter international money laundering operations and to ensure that security and safety of our customer's activity throughout. The information will be only be processed by the staff who require such access.
- We use a variety of security measures to ensure the confidentiality of CLIENTS' personal information, and to protect CLIENTS' personal information from loss, theft, unauthorised access, misuse, alteration or destruction. These security measures include, but are not limited to:
• Password protected directories and databases.
• Secure Sockets Layer (SSL) technology to ensure that your information is fully encrypted and sent across the Internet securely.
• PCI Scanning to actively protect our servers from hackers and other vulnerabilities.All financially sensitive and/or credit information is transmitted via SSL technology and encrypted in our database. Only authorised EnergyWin personnel are permitted access to CLIENTS' personal information, and these personnel are required to treat the information as highly confidential. The security measures will be reviewed regularly in light of new and relevant legal and technical developments.
- Our CLIENTS undertake to supply us with true, updated and accurate information about their identity. Furthermore, they are required to state categorically that they are registering on their own behalf and are not seeking at any time to act in any manner which could be considered fraudulent nor are they seeking to impersonate any other individuals for any purpose whatsoever.
- The Company's data collection procedures include the collection of Client 's freely disclosed information as shared with EnergyWin, in addition to the placement of cookies for the purpose of gathering data about the manner in which Clients interact with the Website. These tools for gathering Client 's information are employed for the purpose of ensuring the customer's own security and all data collected by EnergyWin is shared only with individuals within EnergyWin who are involved with the verification of customer account information for the express purpose of ensuring the customer's confidentiality and security.
- EnergyWin will never disclose any private or otherwise confidential information in regards to our Clients to third parties without the express, written consent of our Clients, except in such specific cases in which disclosure is a requirement under law, or is otherwise necessary in order to perform verification analysis on the Clients identity for the purpose of safeguarding their account and securing their personal information.
- By registering with EnergyWin and through the voluntary interaction they undertake with EnergyWin's products and/or services, the Client confirms and agrees that they consent to the use of all or part of the information they supply concerning their EnergyWin player account, the transactions they undertake through it and the interactions which they perform with EnergyWin and on behalf of EnergyWin. All interactions the Client undertakes with EnergyWin will be stored by EnergyWin for the purposes of record and as such may be employed by EnergyWin in such cases where disputes arise between Clients and EnergyWin.
- EnergyWin will do its utmost to ensure the confidentiality of its Clients’ personal information including the implementation of data protection procedures designed to ensure Client confidentiality. EnergyWin ensures that its data protection policy is regularly updated in order to ensure that the Client 's information is continually safeguarded.
- From time to time, EnergyWin may contact Clients whether by phone or email for the purpose of offering them further information about EnergyWin. In addition, EnergyWin may, on occasion, seek to contact Clients, whether by phone or email, for the purpose of informing them on unique promotional offerings provided by EnergyWin for its Client. Clients consent to receipt of such contact when they consent to our terms and conditions of use when registering with EnergyWin. Any person wishing to opt out of further contact with EnergyWin must contact customer support.
- Any suspicious or fraudulent activities will be immediately reported to the relevant authorities, including but not limited to the Financial Intelligence Unit (FIU).
24. Responsible Gaming
EnergyWin wants to ensure that its Clients gamble in a responsible manner, but we also acknowledge that gambling can be addictive to some and affect their lives negatively. Since we care for our Clients, and want online gaming to be an enjoyable experience, we offer various measures for a Client to gamble in a responsible manner.
These can be set by the Client through the website or by sending an e-mail to customer care and include the following:
- Set Limits on deposits
- Set Limits on wagers and losses
- Set limits on session time
- Self-exclude for a definite period of time
- Self-exclude indefinitely
Our Website also contains links to external entities and information which can help in case of addictive gambling. If you believe that you might be negatively addicted to gambling, we encourage you to seek help through these areas of our website and also contact us through email.
By playing on our Website the player acknowledges that in playing games of luck through the use of the Service and/or the Software the player is under the risk of losing money. It is the player’s sole responsibility to assume the losses suffered through the player’s account; Players who have self-imposed limits or exclusions and wish to increase or revoke a limit, or players revoking the exclusion or decreasing exclusion limits, will only be able to utilize such limits after 24 cooling off period after EnergyWin has received such a notice, however if the exclusion is extended or the limit made more stringent this will be implemented immediately.
- In case of a complaint or an issue, the Client is to contact customer support by email on email@example.com, detailing the nature of the complaint. EnergyWin customer care representatives shall reply to the Client accordingly to address the issue, and will try to reply to all requests within 48 hours from when the complaint is sent.
- If the Client feels that the complaint has not been resolved, he or she can bring the dispute to the Government of Curacao.