Terms and Conditions
IMPORTANT – PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCEPTING THIS AGREEMENT. WE WILL NOT FILE OUR CONTRACT WITH YOU SO PLEASE PRINT THESE TERMS AND CONDITIONS AND STORE THEM ALONG WITH ALL CONFIRMATION EMAILS, TRANSACTION DATA, SPECIFIC RULES AND PAYMENT METHODS RELEVANT TO YOUR USE OF OUR PRODUCTS AND SERVICES AND RETAIN THEM FOR YOUR RECORDS.
BREAKOUT GROUP B.V. A COMPANY INCORPORATED IN CURACAO, WITH REGISTERED OFFICE VAN ENGLELENWEG 21A E-ZONE BEHEER CURAAO OPERATES A GAMBLING SOFTWARE PLATFORM UNDER A CURACO LICENCE NUMBER: 1668/JAZ. A CONDITION OF USING THIS GAMBLING SOFTWARE PLATFORM IS THAT YOU FULLY COMPLY WITH THESE LEGALLY BINDING TERMS AND CONDITIONS.
THIS AGREEMENT CONSTITUTES A BINDING AGREEMENT BETWEEN YOU AND BREAKOUT GROUP B.V.
YOU MUST READ THIS AGREEMENT CAREFULLY BEFORE CONFIRMING THAT YOU AGREE WITH IT. IF YOU HAVE ANY DOUBTS ABOUT YOUR RIGHTS AND OBLIGATIONS RESULTING FROM THE ACCEPTANCE OF THIS AGREEMENT, PLEASE CONSULT A LAWYER OR OTHER LEGAL ADVISOR IN YOUR JURISDICTION. IF YOU DO NOT AGREE WITH ANY PROVISION OF THIS AGREEMENT, YOU MUST NOT USE THE SOFTWARE.
1. Terms and Definitions
The following terms when used in this Agreement shall have the following meanings:
- "Account" means a personal gaming account on the Website permitting and enabling use of the Services;
- "Agreement" means this Agreement that You need to comply with in order to play Our Online Casino.
- "Applicable Laws" means all applicable laws, regulations, regulatory requirements and codes of practice of any relevant jurisdiction, as amended and in force from time to time.
- "Company" means BREAKOUT GROUP B.V. incorporated in Curacao and whose registered office is at Van Engelenweg 21 A, E-Zone Beheer, Curacao. All financial transactions are managed by Breakout Management Limited, Apartment 21, Charles Court (Suite 213), St. Luke’s Road, Pieta’ PTA 1027, Malta, company registration C82001 under EU law.
- "Intellectual Property Rights" means all copyright and rights in the nature of copyright, design rights, patents, trademarks, database rights, applications for any of the above, moral rights, rights in confidential information, know-how, domain names and any other intellectual or industrial property rights (and any licences in connection with any of the same) whether or not registered or capable of registration and whether subsisting in the United Kingdom or any other part of the world.
- "Casino" means Our internet gaming system available on the Website, and related services and gaming activities, including, but not limited to; online sportsbook, online casino, online poker, online live dealer casino and other games offered on Our Website.
- "Devices" " means any application access devices, including but not limited to personal computers, laptops, mobile telephones and personal digital assistants employed for the use of and access to the Website and participation in the Services;
- "Gaming Rules" means the rules as described under GAMING RULES in this Agreement;
- "Services" means the Casino and the Software.
- "Software" means the software to be accessed, downloaded or otherwise used by the player from the Website to play at the Casino through Your Devices, including updates, additions, improvements and translations to it.
- "Terms and Conditions" means this document.
- "Breakout Gaming.com" means the Website and/or Breakout Group B.V.
- "Breakout Gaming", "We", "Our" and "Us" relates to BREAKOUT GROUP B.V. incorporated in Curacao and whose registered office is at Van Engelenweg 21 A, E-Zone Beheer, Curacao
- "Website" means www.BreakoutGaming.com and any related websites that are accessible via links or any other way.
- "You" and "Your" relates to the user of the Software played on the Website
2. Sub-licence to use Software
- We hereby grant to you a limited, personal, non-transferable license to access and otherwise utilise the Software on Your Devices, for the sole purpose of participating in the Casino during the effective term of Your Account. Any other entrance, access, use or reuse of the information and systems used within the Website is strictly prohibited.
- This license applies only to the object code of the Software (i.e. the compiled, assembled, or machine executable version of the Software) and does not grant you any rights whatsoever with respect to the source code of the Software.
- We and/or our licensors own the rights to the technology, Software, business systems and content used within the Website including the Casino.
- You are not permitted to, and You agree not to permit or assist others to:
- use, copy, modify, create derivative works from or distribute the Software, any part of it, or any copy, adaptation, transcription, or merged portion of it;
- decode, reverse engineer, disassemble, decompile or otherwise translate or convert the Software or any part of it;
- transfer, loan, lease, assign, rent, or otherwise sublicense the Software;
- remove any copyright, proprietary or similar notices from the Software (or any copies of it);
- operate the Software or any part of it for the benefit of or on behalf of any third party, including by way of "bulletin board", online services or remote dial-in, application service provider services, internet service provider services, timesharing arrangements, outsourcing services or bureau services;
- copy or translate any user documentation provided online or in electronic format; or
- use the Software for any purpose other than Your personal use of the Casino.
- You acknowledge and agree that all Intellectual Property Rights, title and interest in and to the Software, including in and to any modification, enhancement, adaptation, translation or other change of or addition to the Software, belongs exclusively to the Company, even if developed based on ideas, suggestions or proposals by You or any other third party. You irrevocably assign to the Company all right, title, and interest You may have or may acquire in and to all Intellectual Property Rights, and You agree to sign and deliver to the Company such documents as the Company considers desirable as evidence or effect the assignment of all of the aforesaid rights to the Company. You agree not to, directly or indirectly, attempt to invalidate for any reason whatsoever, or assert, or assist the assertion by others, that the Intellectual Property Rights, title or interest in the Software belongs to any third-party other than the Company, or that they infringe the Intellectual Property Rights of others. The copyright in this Website including all text, graphics, code, files and links, including Our logo and trademark belongs to Us and may not be reproduced, transmitted or stored (other than for use of the Casino as envisaged by this Agreement) in whole or in part without Our prior written permission.
APPLICATION OF THESE TERMS AND CONDITIONS
3. Term and Termination
- By clicking on the "I Accept" button related to the Terms and Conditions, You:
- Represent and warrant that you have read, fully understand and agree to comply with and be bound by this Agreement; and
- Agree to the use of electronic communications in order to enter into contracts and waive any rights or requirements under Applicable Laws or regulations in any jurisdiction which require an original (non-electronic) signature, to the extent permitted under Applicable Laws.
- This Agreement comes into force from the moment of Your acceptance by clicking on the "I Accept" button, and shall remain in force unless terminated in accordance with the provisions below.
- You may terminate this Agreement immediately at any time by sending Us written notice.
- We may terminate this Agreement with immediate effect at any time by sending written notice to You.
- Upon termination of this Agreement, whether by Us or by You, You agree that (a) your rights to use the Software shall immediately terminate, and (b) You will cease any and all use of the Software, and (c) You will destroy all copies of the Software within your possession or control (including but not limited to deleting all copies from your computer, hard drives, networks and other storage material).
- You further acknowledge that Your failure to comply with this Agreement may result in disqualification, Account closure, forfeiture of funds and/or legal action against You as deemed appropriate and as more particularly detailed below.
4. Incorporated documents
5. Prevailing terms
- In the event that there is any conflict between the provisions of the Gaming Rules and this Agreement, the Gaming Rules shall prevail. If there is any conflict between this Agreement and any other localised terms and conditions governing the access to and use of the Services and the Website to which You have consented, the localised terms and conditions shall prevail.
- You agree that Breakout Gaming will inform you about changes to the Website, new Services and promotions via email. You may opt out of receiving such promotional material by emailing our support department.
6. Legal use
- You agree to use the Services only for lawful purposes and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of the Services.
- The Services are not provided for use by:
- Individuals under the legal age limit in the jurisdiction of their residence;
- Individuals under the legal gambling age in the jurisdiction of their residence or the country in which they are accessing the Website; or
- Individuals accessing the Website from jurisdictions that regard it to be illegal to do so.
- You may not participate under any circumstances if You are not at least 18 years old. Underage gambling is an offence.
- Breakout Gaming casino reserves the right to ask for proof of age from You or to use third parties to verify Your age. In the event that age verification has not been completed satisfactorily, Your account will be locked immediately. No further access to Your account will be permitted until Your age has been successfully verified. If You are shown to be underage all deposits will be returned to You, no winnings will be paid to You and this Agreement will terminate with immediate effect.
- It is Your responsibility to know whether online gambling is legal in Your country of residence and or the country in which You use the Software. You accept and acknowledge that We do not represent or warrant that use of the Software for the purposes of gambling is legal. We also reserve the right to block any territory for any reason;
- You warrant and represent that you have examined the legality of Your use of the Software in each jurisdiction that is applicable to you and undertake only to use the Software legally under all Applicable Laws.
- Any use of the Services is at Your sole option, discretion and risk. By using the Services, You acknowledge that You do not find the Services to be offensive, objectionable, unfair, or inappropriate in any way.
- As a prerequisite for Your using the Services, You guarantee that You shall not access or use the Website, Services or Software for any illegal purpose under any law that applies to You or is prohibited by or is deemed in breach of the present Agreement. In particular (and alongside all other warranties and representations specified in the present Agreement) as a condition of use of the Services provided You guarantee that:
- You are using the Website and the Services solely for Your own personal use and do not act on behalf of another person or company, but in Your own legal capacity;
- You use the Services provided at Your sole risk and discretion;
- You are not classified as, nor do You consider Yourself to be, a compulsive gambler;
- You are fully aware of and solely responsible for any taxes that may be applicable to your winnings;
- Your deposits do not come from unlawful or criminal activities;
- You will not conduct any illegal activities through any Account and You shall not allow other individuals to make use of Your Account and/or the Services provided for any activities contradicting any law applicable to You or us;
- You will guarantee the secrecy of Your Account information;
- You will not utilise the Services provided or the Website in any prohibited way that may cause interference with their availability to other users;
- You will not request or in any way try to obtain any data related to other users;
- You will not distribute or upload any file, data, or program that is corrupted, contains viruses, or may in any way affect the operational performance of the Website, the Services and/or the Devices;
- You will not make any attempts to decompile, modify, reverse-engineer or disassemble the Services or the Website;
- You will not utilise any external device (device not developed by the Company), software, spider, robot, routine or other method (or any other unit similar to the aforementioned) to prevent or attempt to interfere with the regular proper performance of the Website or Services;
- You will place all bets on games through the various user interfaces provided on Our site and you will not wager via other means, including the use of a "robot" player;
- You will not publish or transfer to the Website or to any user of the Services provided, any unlawful, abusive, libellous, harassing, obscene, threatening, indecent, inflammatory, defamatory, racially or ethnically objectionable, pornographic, profane or any other material that could be considered a criminal offence or would encourage conduct that may give rise to civil liability, or otherwise violate any law; and
- You will neither initiate nor engage in contests, surveys, chain letters or "junk mail", "spam" posting and transmitting or any unsolicited mass distribution of e-mail against (or relating to) Breakout Gaming.
7. Account Registration
- In order to use the Services, You are required to fill in the application for creating an Account as specified on the Website.
- You guarantee that You will provide Us full and trustworthy information with regard to all the details and information provided by You to Breakout Gaming. In the event of any change in your personal details You are required to update them on the Website. To confirm Your first/last name and address, Breakout Gaming reserves the right to correspond by post.
- We may request You to provide certain documents, such as a copy of Your passport for verification purposes. Your Account may be blocked or closed if You do not provide the requested information or documents or if such information or documents You supply is/are found to be false or misleading.
- Your Account details must match Your true and legal name and identity and the name on Your Account registration must be an exact match of the name on your credit card(s) or other payment methods employed for depositing or withdrawing money to/from Your Account.
- Only one Account is permitted per person and per household. All accounts sharing same IP address will be regarded as duplicate accounts, players wishing to share IP addresses will be required to contact our support team. Breakout Gaming reserves the right to close duplicate Accounts.
- We reserve the right to reject Your application, without reference to You or without reason and without liability to You. Where Account registration details are found to be inaccurate, misleading or incomplete, Breakout Gaming reserves the right to close the Account.
- You shall not assign, transfer, charge, create a trust over or otherwise deal in Your rights and/or obligations under this Agreement (or purport to do so). For instance, You may not sell or transfer accounts to/from other users of the Casino. It is also prohibited to transfer funds between the Accounts of different users of the Casino.
- Players residing in the following countries may not open an account at Breakout Gaming: Afganistan, Antigua & Barbuda, Australia, Belgium, Bulgaria, Cayman Islands, Cuba, Cyprus, Czech, Denmark, France, Germany, Hong Kong, Hungary, Iran, Iraq, Ireland, Israel, Italy, Japan, Libya, Macau, Mynamar, Netherlands, N. Korea, Philippenes, Poland, Portugal, Saudi Arabia, Serbia, Spain, Sudan,, Syria, Turkey, UK, USA. Note that this list is subject to change without prior notice.
8. Deposits to Your Account
- You may participate in any Game for real money only if you have sufficient funds in Your Account for such participation.
- All information required to deposit funds into Your Account, can be found in the Cashier page by clicking on the Cashier button found on most pages of the Website. You may use any of the payment methods available to you on this page. Please note that some of the payment methods are not available in some countries and currencies.
- Some deposit methods may incur charges. These will be detailed in the relevant Cashier page
- You shall not treat Breakout Gaming as a financial institution nor expect interest on your deposits. Breakout Gaming does not grant any credit for the use of its services.
- You are fully responsible for paying all money owed to Breakout Gaming. With regard to any payment You made, if we suspect that You have engaged or attempted to engage in any illegal, fraudulent, dishonest or improper activity while using the Services provided, including without limitation, using stolen credit cards, participating in game manipulation, or any other unlawful activity (including but not limited to any chargeback, other payment reversal, or money laundering) Breakout Gaming shall be empowered to take such action as it deems appropriate, including blocking access to the Website, suspending and/or closing Your Account, forfeiting all money held in Your Account and sharing this information (together with disclosing Your personal details) with other online gambling facilities, financial institutions, relevant authorities and/or any person or entity that is legally authorised to be aware of such information. Breakout Gaming is also entitled to take legal action against You. Any expenses that may be incurred by Breakout Gaming shall be claimed from You.
- The minimum deposit amount is £/€/$10 or your currency equivalent. Initially the maximum deposit amount will be £/€/$1,500 and up to £/€/$1,000 for the first day of playing. You may deposit up to 5 times per day. Once your Verification Documents have been reviewed and approved your deposit limits will be removed.
- We are required by our licence to inform customers about what happens to funds which we hold on account for you, and the extent to which funds are protected in the event of insolvency. We hold customer funds separately from company funds in a client account. This means that steps have been taken to protect customer funds but that there is no absolute guarantee that all funds will be repaid. This meets the Gambling Commission’s requirements for the segregation of customer funds at the level: basic protection
- You may withdraw any amount up to the balance in Your Account, minus fees and conditions related to bonuses and subject to any relevant withdrawal fees and withdrawal limits.
- Breakout Gaming offers a wide range of withdrawal methods. Withdrawals may incur charges depending on the method selected. Visit the Cashier to see the available withdrawal methods.
- Withdrawals may take up to 3 working days to be reviewed and approved. Once the withdrawal is approved, it will take between 2 – 8 business days to be processed.
- Withdrawals are subject to restrictions based on the original deposit method used. Any withdrawal request will be eligible after making at least one deposit at Breakout Gaming.com.
- Deposits and withdrawals to a credit/debit card: In the event a player deposits via credit/debit card and wishes to withdraw, all withdrawals equaling or less than £/€/$999 variance between deposit amount and withdrawal amount will be sent via original credit/debit card. Any withdrawal amounting to more than £/€/$1,000 variance may be split via credit/debit and bank wire e.g. player deposits £100 and wishes to withdraw £1,400, £100 (original deposit amount) will be withdrawn to credit/debit card and £1,300 via bank wire. Should this occur, there will be a £35 fee as per standard bank wire charges.
- Any bank charges related to deposits/withdrawals are clearly set out in the Cashier section of the Website. However, where You make repeated deposits and withdrawals without commensurate participation in the Services, we reserve the right to pass associated bank charges on to You by debiting Your Account but will provide You with advance notice before doing so to enable You to cease such activity. Breakout Gaming is entitled to deduct and offset the foregoing charges from the winnings payable to You or from Your Account.
- Breakout Gaming may request that You produce satisfactory identification documents, such as, but not limited to: A copy of your Passport or Driving License; A copy of a recent (dated within the previous 3 months) Utility Bill; A copy of a recent Bank Statement; A copy (front & back) of the credit/debit card used to make a deposit. Players have a maximum of 14 calendar days to produce required documents before withdrawal request is automatically canceled. Breakout Gaming may take a reasonable period to examine such documents before processing any withdrawal request.
- If Breakout Gaming mistakenly credits Your Account with winnings that do not belong to you, either due to a technical or human error, the amount will remain the property of Breakout Gaming and it will be transferred from Your Account. If, prior to Breakout Gaming becoming aware of the error, You have withdrawn funds that do not belong to you, the incorrectly paid amount will constitute a debt owed by You to Breakout Gaming. In the event of an incorrect credit to Your Account, you are obliged to notify Breakout Gaming immediately by email.
- Breakout Gaming will implement additional verification procedures for any payout that exceeds the equivalent of £250 and reserves the right to carry out such verification procedures in case of lower payouts.
- Before any withdrawals are processed, Your behavior on the Website/usage of the Games will be reviewed for any irregular playing patterns. In the interests of fair gaming, equal, zero or low margin bets or hedge betting, shall all be considered irregular playing patterns for bonus play-through requirement purposes. Other examples of irregular playing patterns play for bonus play-through requirement purposes include but are not limited to, placing single bets equal to or in excess of 30% or more of the value of Your total balance (including any given bonus) until such time as the wagering requirements for that bonus have been met. Should the Casino deem that irregular playing patterns have occurred, the Casino reserves the right to withhold any withdrawals and/or confiscate all winnings and bonuses. Also, Breakout Gaming reserves the right to suspend settlement of any transaction if Breakout Gaming in its sole discretion, believes that there has been any fraudulent or unlawful activities related to Your account
- All taxes and fees payable on Your winnings (or any other payments Breakout Gaming may make to You) are Your sole responsibility. Winnings cannot be transferred, substituted, or redeemed for any other consideration.
- Withdrawals from Your Account may only be made in the same currency in which the original deposits were made.
- The minimum withdrawal amount is £/€/$10 or your currency equivalent
- There are payout limits of 3,000 in your selected currency per week. Progressive Jackpot payouts are exempt from these limits. Recognised VIPS will have no payout limit.
10. Win Limits
- Stake limits are graphically indicated on the Website for each Casino game.
- Breakout Gaming reserves the right to reduce or change these limits without prior notice.
11. Bonuses (including Cashback)
- Bonus options may only be used in the Services as indicated when the bonus is offered to You. You shall accept any bonus in accordance with the corresponding bonus terms.
- Breakout Gaming reserves the right, without any liability to You or any other third party, to amend or withdraw any bonuses or promotions provided and/or the corresponding specific terms and conditions governing the same at any time.
- Breakout Gaming may, at its absolute discretion, refuse to extend a generally available bonus to You if we believe that You may abuse such a bonus.
12. Closing Your Account
- You may close Your account at any time and Breakout Gaming will return any and all funds from Your Account to you subject to the deduction of relevant withdrawal charges
- Breakout Gaming reserves the right to close Your Account and to refund the account balance to you, subject to the deduction of relevant withdrawal charges, at Breakout Gaming’s absolute discretion and without any obligation to state a reason or to give prior notice, using a payment method determined by us.
- Breakout Gaming reserves the right, in its sole discretion, to void any winnings and forfeit any balance in Your Account, for any breach by You of this Agreement including (but not limited to):
- Breakout Gaming becoming aware that You have played any online gaming site or services and are suspected of fraud, collusion (including in relation to chargebacks) or unlawful or improper activity;
- Your registration information being incorrect or misleading;
- Your failure to provide the identification information requested within a reasonable time;
- You not being of legal gambling age for the jurisdiction in which You reside, or not being the legal gambling age in the country in which You reside when You were accessing the Services;
- You reside in a jurisdiction where participation in Casino games is prohibited by law;
- You "charging back" or causing a "charge back" against us or denying any of the purchases or deposits that You made through Your Account;
- You have allowed or permitted (intentionally or unintentionally) someone else to play using Your Account;
- You depositing money originating from criminal or other illegal or unauthorised activities;
- You have more than one active account for the Casino;
- You have not played at the Casino on an individual basis for personal entertainment only (that is, the Player has played in a professional sense).
13. Responsible Gaming
Please see RESPONSIBLE GAMING section.
14. Responsibility for use of Account
- You are responsible and liable for all activities and transactions that take place through your Account. All gaming activity on Your Account will be deemed valid regardless of whether the transactions were authorised by You, unless the error was caused by Us.
- You agree to keep Your Account details (including Your username and password) secret, confidential and secure and not to allow anyone else to use them.
- In certain circumstances, we may need to freeze the money in Your Account, making these funds temporarily unavailable to You. For example, where we have reason to believe that Your Account may be being used for fraudulent purposes, for the purposes of money laundering or for purposes of collusion or cheating. We may continue to keep Your Account frozen or opt to close it as long as Our investigations are ongoing or Our cause for concern still exists. We can also freeze or close Your Account (at our own discretion) if we believe You are involved in collusion or cheating of any kind or if we have reason to believe You are under the legal age determined by the law of the country in which You reside, or under the legal gambling age in the jurisdiction in which You reside or are accessing the Website, or in a jurisdiction (or citizen of a jurisdiction) that renders the provision of our Services to You or Your use of them illegal. In such an event we reserve the right to supply Your details to any relevant authority without prior notification to You, to assist with a proper investigation.
- If the provision of the Services is suspended and/or Your Account is deactivated in accordance with this Agreement, the provision of the Services will only be reinstated and/or Your Account reactivated after the necessary rectification (if capable of being rectified) action has been taken by You and such rectification has been verified to Our full satisfaction.
- Breakout Gaming retains authority over the issuing, maintenance and closing of Your Account. The decision of Breakout Gaming with regard to any aspect of Your Account, use of the Services or the Website, is final and shall not be open to review or appeal. We therefore reserve the right to close Your Account at any time for any reason. We will give You reasonable notice before doing so, unless circumstances dictate that we legally or practically cannot do so.
- Breakout Gaming retains the right to recover any bad debts relating to suspected fraudulent activity.
15. Dormant accounts
- If You have not logged into Your Account or otherwise not accessed or used it for a continuous period of twelve (12) months or longer Your Account shall be deemed to be dormant.
- If Your Account becomes dormant and there is a remaining credit balance, we will charge a monthly administration fee of 5 EUR/GBP/USD/CAD/AUD or 50 SEK on Your dormant Account, which will continue until You determine where You would like the funds to be transferred, or the balance reaches nil. Prior to charging the administration fee you will be notified by email that your account is in dormant status. If Your Account balance is less than 5 EUR/GBP/USD/CAD/AUD or SEK 50, an administration charge equivalent to the remaining balance will apply and then no further charge will be levied. The deductions will stop if you reactivate your Account by making one or more wagers or transactions including a valid withdrawal or deposit.
16. Disclaimer of Warranties and Limitation of Liability
- You are free to choose whether to use the Software. If You decide to use the Software, You acknowledge that You do so with the full understanding of this Agreement, including the provisions of this Section, and at your own risk.
- You accept and acknowledge that We make no representations or warranties, implicit or explicit, and you accept and acknowledge that none of Our employees, distributors, affiliates, subsidiaries, advertising, promotion or other agencies, media partners, or other related parties have the authority to make any representations or warranties.
- We further hereby exclude and disclaim all implied terms, conditions and warranties (including statutory terms to the extent permitted by Applicable Laws), including without limiting the generality of the aforesaid, we do not warrant (among other things) that:
- The Software is made available other than on an "as is" basis;
- The Software is of satisfactory quality or fit for a particular purpose (including but not limited to purposes of gambling) or subject to a warranty of merchantability;
- The Software will operate without errors or interruptions, or that any defects in the Software will be corrected or that the Software will be virus-free; or
- The use of incompatible hardware will not cause the malfunction of the Software or other software or hardware.
- In the event of communications or system errors occurring in connection with the Software or Online Casino, neither We nor the Company nor their affiliates and related parties will be liable to you or to any third party for any costs, expenses, losses or claims arising or resulting from such errors.
- Neither We nor our affiliates and related parties will be liable to you or to any third party for payments made to You as a result of a defect or error in the Software or Online Casino, or in connection with any claim or demand made by the Company or any third party for the return of such payments or otherwise in connection with such payments.
- Furthermore, in no event shall We (and for the avoidance of doubt, the Company or any of their affiliates and related parties), be liable to you for any consequential, indirect, incidental or special damage or loss of any kind whatsoever; or loss of business, profits, revenue, contracts or anticipated savings; or loss or damage arising from loss, damage or corruption of any data.
- You understand and agree that We will be solely responsible to You under this Agreement, and while your commitments under this Agreement are also for the benefit of the Company, its affiliates and related parties (and can therefore be enforced by them too), the Company, its affiliates and related parties are not parties to this Agreement and will not be liable for any damages of any kind whatsoever caused to You or any third party, regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise.
- Breakout Gaming uses third party applications. From time to time there may be a possibility that we do not display full information about Your gambles.
- In the event of service interruptions during gameplay our systems will endeavour to auto restore the gameplay to its pre-failure state.
17. Gaming Rules
- Rules for each of the Casino games (the "Gaming Rules") will be available on the Website before You play. It is Your responsibility to read and understand the Gaming Rules of each game before You play it and You agree to abide by the Gaming Rules of each game as they are set out on the Website. You acknowledge and accept that the Gaming Rules may be amended by us from time to time and that it is Your responsibility to check the Gaming Rules before play. If You do not accept the Gaming Rules, do not play the game. By playing the game You are deemed to have accepted the relevant Gaming Rules.
- You fully accept and agree that random number generator (‘RNG’) software will determine the shuffling and dealing of cards and other randomly generated events required in the Casino Services. Moreover, You understand and agree that (without prejudice to Your other rights and remedies) our records shall be the final authority in determining the terms of Your use of the Casino Services, the activity resulting there from, and the circumstances in which such activity occurred.
- You understand that You risk losing money whilst using this Website and playing the games that we offer, and that You use this Website and play the games offered at Your own risk.
- Should any question arise from the use of the games You may contact Support. We will make reasonable efforts to resolve all issues in accordance with the relevant Gaming Rules.
- If You become aware that the Website generally or any game in particular contains any error, or is incomplete, You must inform Our Online Support Team. You agree not to take advantage of any error in any game and we reserve the right to recover any such advantage that You may have gained from any error, as well as all costs and expenses in making such a recovery.
- In the event of any discrepancy between the outcome displayed on Your Device and Our server, the result indicated on Our server shall govern the result of the Services. Moreover, You fully understand and agree that (without prejudice to Your other rights and remedies) Breakout Gaming’s records shall be the final authority in determining the terms and conditions of You accessing and using the Services, participating in the activity resulting therefrom and the circumstances in which they took place.
- If You have any dispute with regard to any outcome in the Casino, You must submit a complaint to us either via email to [email protected] or in writing to BREAKOUT GROUP B.V. Van Engelenweg 21 A, E-Zone Beheer, Curacao. All complaints will be acknowledged within 1 business day of receipt. The acknowledgement shall inform You of your Complaint Reference and who will be managing Your Complaint.
- Once a final decision has been made, a notification will be sent to your preferred method of contact. Only once Breakout Gaming’s full complaints handling procedure has been followed and completed, you can seek external resolution from an Alternative Dispute Resolution entity (ADR).
Non UK Players
- All non UK customers have the right to seek External Resolution of Complaints via the European Online Dispute Resolution platform (ODR) if they are not satisfied with the outcome resulting from this Complaints Handling Procedure. The platform can be found on the following link: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage
- Once you have advised the ODR platform of your dispute (please enter our e-mail address as [email protected]). The ODR platform will contact us to request us to select our Alternative Dispute Resolution (ADR) provider. We will supply ODR with details of your ADR provider. ODR will then continue to forward the case to our selected ADR provider for review
19. Breach of Agreement and Indemnity
- Without prejudice to any other rights contained in this Agreement, if You infringe in whole or in part any provision specified in the present Agreement Breakout Gaming reserves the right to undertake such action as it deems appropriate, including terminating the present Agreement, terminating Your Account with Breakout Gaming, immediate blocking of Your access to the Services and, forfeiting all money held in Your Account and/or taking legal action against You.
- You hereby agree to fully indemnify, defend and hold harmless Breakout Gaming and its directors, shareholders, officers, employees, licensors, licensees, affiliates and subsidiaries from and against all demands, claims, liabilities, losses, damages, costs and expenses, including legal fees and any other charges whatsoever, however caused, that may result from:
- Your breach of the provisions of the present Agreement, in whole or in part;
- Your violation of any law or any third party rights;
- Your use of the Services and/or the Website or their use by any other person accessing the Services and/or the Website using Your Account details, whether or not with Your authorisation;
- Your acceptance of any prize or winnings; or
- Your use of any server utilised by the Website.
20. Governing law and jurisdiction
- This Agreement and any non-contractual obligations arising in connection with it shall be governed by the law of Curacao.
- The Curacao courts shall have exclusive jurisdiction to determine any dispute arising in connection with this Agreement, including disputes relating to any non-contractual obligations.
- You irrevocably waive any objection which You may now or later have to proceedings being brought in the Curacao courts (on the grounds that the Curacao courts are not a convenient forum or otherwise).
- Nothing in this Agreement shall prevent Us from applying to the courts of any other country for injunctive or other interim relief.
- This Agreement may be produced in a number of languages for information purposes and ease of access by players. The English version of this Agreement will prevail over any other language version issued.
21. General provisions
- If any term of this Agreement is found to be illegal, invalid or unenforceable under any Applicable Laws, such term shall, to the extent it is severable from the remaining terms, be deemed omitted from this Agreement and shall not affect the legality, validity or enforceability of the remaining terms. We may substitute a suitable clause to replace the one which is deemed omitted. The new clause should, as far as possible, achieve the same economic, legal and commercial aims of the omitted one.
- You shall not assign, transfer, charge, create a trust over or otherwise deal in Your rights and/or obligations under this Agreement (or purport to do so).
- No failure or delay by Us to exercise any right or remedy under this Agreement shall be construed as a waiver of that right or remedy nor shall any single or partial exercise of any right or remedy preclude the further exercise of that right or remedy. No waiver by Us of any breach of this Agreement shall be considered as a waiver of a preceding or subsequent breach.
- Termination or expiry of this Agreement (howsoever occurring) shall not affect either of the parties’ accrued rights or liabilities or affect the coming into force or the continuance in force of any provision which is expressly or by implication intended to come into or continue in force on or after termination or expiry.
- We may send notices to You via email to the most recent email address that you have notified to Us. Email communications will be considered to constitute "written notice" for the purposes of this Agreement. Any notices required to be given to Us or any questions concerning this Agreement should be addressed to [email protected].
- The headings in this Agreement are provided for reference only and shall not affect the interpretation or construction of any provision.
- If Breakout Gaming fails or delays performing any obligation subject to the present Agreement due to the reasons that are beyond Breakout Gaming’s control, including, but not limited to acts of God, wars, Government restrictions, insurrections, transmission or system failures, interruption or failure in the provision of telecommunications or broadband services and shortage or failure of power supplies or equipment, such a failure or delay is not deemed as a breach of the present Agreement.
- Breakout Gaming reserves the right to assign this Agreement, in whole or in part, at any time without notice.
- Nothing in the present Agreement shall create or grant any rights or other benefits in favour of any third parties that is not a party to the present Agreement.
- Nothing in the present Agreement shall create or be deemed to create a partnership, arrangement, agency, trust, joint venture or fiduciary relationship between Breakout Gaming and You.
- The present Agreement constitutes the entire understanding and agreement between Breakout Gaming and You with regard to the Website and the Services and supersedes any prior agreement, arrangement or understanding between Breakout Gaming and You.
- Breakout Gaming is also entitled to amend, suspend, discontinue, add or remove the Services, on a temporary or permanent basis, in its absolute discretion with immediate effect and without any prior notice to You and we shall not be liable in any way whatsoever for any losses resulting from any decision made by Breakout Gaming in this regard.
22. Changes to this Agreement
Any updates to this Agreement will be notified by e-mail and will you to confirm the changes upon next login. Failure to confirm such changes will result in your account becoming inactive.
These Terms and Conditions were updated on November 14th, 2017