Version date
12.07.2023 I. General Terms and Conditions
(“BC&Ms”) A. Scope 1. These General Terms and
Conditions (the “BC&M” or “contract”) apply to and govern the use of all content and
services offered by Funstage GmbH (“the Operator”), on the website
bestcasinosonlinemalaysia.com and/or
Bestcasinos Apps (“Bestcasinos
Website /Apps”) or otherwise in electronic form, unless different or additional conditions
apply or are agreed upon in individual cases.
The BC&M also apply to content
and services sent, posted or uploaded by users to the Bestcasinos Website /Apps (the
“Users”),
including e-mails, SMS (text messages), forum contributions, chat messages and images (“User
Content”), as well as to the acquisition of virtual goods and virtual currencies. BC&M
Apps are mobile applications which the user can obtain from third-party suppliers.
Bestcasinos
Apps allow the user to use games on mobile smartphones and tablet devices.
2. The type
and mode of use, particularly by means of a computer, mobile devices and/or other hardware
or software, will not affect the validity of the BC&M.
3. The Operator explicitly
reserves the right to change the BC&M at any time.
4. The user confirms that he/she
fully acknowledges and agrees to the BC&M in the course of registering on the
Website/Apps by selecting the check box “I accept the BC&M” and pressing the
“Registration” button.
5. The Privacy Notice and the
Cookies Policy are integral
parts of the BC&M. Therefore by agreeing to the BC&M the user acknowledges and
accepts also the Privacy Notice and the Cookies Policy.
6. In the event of discrepancies
between the English or other versions, and the German version of this document, the German
BC&M (Allgemeine Geschäftsbedingungen) will take precedence. This also applies to all
game instructions and any texts found on the Website /Apps.
B. Place
of Contract Formation and Jurisdiction 1. The legal relationships between
the Operator and the user are governed by the Austrian law, excluding the provisions of
Austrian international private law and the UN Sales Law. Unless the excluded law is more
favorable for the user e.g. Regulation (EC) 593/2008. The place of the contract performance
is Vienna.
2. The court having jurisdiction over the 1st district of Vienna shall be the
place of jurisdiction for any disputes arising from or in connection with the existence,
formation or termination of this contract between the user and Operator.
C. Company’s Purpose 1. The Operator Website allows users to
participate in the games by registering with an account. In addition, the Operator offers
Bestcasinos Apps within which the user can apply for an account or use an existing Website
account. The same account can be used on the Website and in the Bestcasinos Apps. Separate
regulations concerning Bestcasinos Apps can be found under Point M. Detailed information
about
the services covered by the Bestcasinos Apps can be found in the FAQ section of the
Bestcasinos
website.
2. The Operator can also, at its own discretion, make access to the gaming
platform, games, and services subject to specific conditions, which shall be communicated on
the Website /Apps on a case-by-case basis. Furthermore, access to the gaming platform and
games and the content and/or services offered therein may be temporarily or permanently
limited at any time, which shall be communicated on the Website /Apps on a case-by-case
basis.
3. The Operator reserves the right to extend, change, supplement or limit the
available range of services at any time.
D. Conditions of
Participation 1. The right to participate in the games and use the services
provided on the Website /Apps exists only to the extent actually offered by the Operator in
each case, taking into account all conditions and/or limitations introduced by the Operator.
Such limitations and/or conditions can apply to all users, user groups and individual users.
The scope of services concerning the games offered within the Bestcasinos Apps may not
correspond in full with the scope of services on the Website and the games offered
therein.
2. The user is solely responsible for the technical configuration of the user’s
end device. The Operator offers users free e-mail and/or chat support at its discretion.
There is no guarantee of the continuous availability of the customer service or that
requests will be answered within a certain period of time.
3. Any additional
benefits beyond the aforesaid offered free of charge do not form part of the performance
obligations and may be discontinued by the Operator at any time.
E.
Registration 1. Account
1.1 Users may open an account by completing the
registration on the Bestcasinos Website or Bestcasinos Apps. This account can be used on
both
the Bestcasinos Website and Bestcasinos Apps. The user must have an account in order to use
the
bonus system.
1.2. Each user may only open one account. The registration of an account
is free of charge and allows the user to:
- Access to the games on the Website and Bestcasinos Apps;
- Creation of a personal profile;
- Use of the Bestcasinos challenge system;
- Acquisition of bonus points (“Twists”).
2. Registering with an Account
2.1. The Operator offers the option to create
various types of user accounts.
The registration available on Apps must
include the following details, which must be stated correctly and without any misleading
information:
- personal and confidential pseudonym (“username”, “nick”). The user is not entitled
to any specific nick. The username must be unambiguous and distinct. Offensive,
immoral, objectionable or National Socialist etc. names and names that glorify
violence are not permitted. Names that contain or clearly suggest internet links and
account names that allege the user has certain enhanced rights (e.g. in a role as
administrator) are also not permitted. The Operator reserves the right to prohibit,
block and remove any unacceptable username at any time. The account will be
unblocked once the user has changed the username to a permitted “nick” ;
- Password and security question. The user is not entitled to any specific password;
- Date of birth;
- Email address. By checking the box to subscribe to the newsletter, the user gives
his/her consent to receive promotional e-mails from the Operator and its partners.
Such consent can be revoked at any time in the user’s personal settings.
The short version registration available on the Website must include the
following information:
- Nick name;
- Date of birth;
- Email address; and
- Password.
The long version registration available on the Website must include in
addition to the above data also the following information:
- Name and surname;
- Security question;
- Address;
- Telephone number; and
- Gender.
The User must be at least 18 years old in order to access the Website /Apps services
and purchase virtual good and/or currencies. The Operator assumes no responsibility or
liability in case the users intentionally breach the age limit provided in the BC&M
and/or circumvent the processes in order to use the services. In case we come to knowledge
that a User is younger than 18 years, we will close the account.
2.2 Use of account
features is possible by means of the activation link sent by e-mail together with the
acknowledgement of registration. Until the account has been activated, the user will neither
be able to participate in games nor purchase Twist Packs in the shop.
2.3 The contract
between the User and the Operator on the use of the content and services offered on the
Website /Apps is formed upon completion of the registration process on the Website or
through use of a Bestcasinos App.
2.4 Should any information provided by the user prove
to
be false, the Operator is entitled to bar the offending user wholly or in part from using
the services and/or content, and may refuse to issue any Twists won by the user.
2.5 The
user undertakes to keep his/her personal data up to date at all times and to correct the
user data on the Website by following the link “Change Data” in the event of any changes of
name, address, e-mail, etc. The user is also responsible for protecting his/her access data
against unauthorised third-party access. Any actions carried out via the account of the user
or under the user’s name shall be attributed to the user.
F. Property
Rights to Content 1. By registering an account and/or using the services
and/or content provided the Website/ Apps, the user acknowledges that the entire content of
the Website/Apps is the sole and unrestricted property of the Operator. The user undertakes
to use the Website / Apps, services and any related content and information exclusively for
the intended personal, private purpose, and to refrain from changing, copying, publishing,
distributing or otherwise exploiting any of the aforementioned resources. The user further
undertakes to refrain from interfering with the Website/Apps, services and any related
content and information by any technical means whatsoever.
2. Any User Content
transferred directly or indirectly by the user to the Operator via the Website /Apps shall
become the sole and unrestricted property of the Operator. No entitlement to compensation
shall arise. The transfer of User Content of any kind, including the technical and tactical
sequences of the games themselves, by the user constitutes a transfer of rights to the
transferred content.
G. Proper Conduct 1. Improper
conduct on the Website /Apps is strictly prohibited and includes but is not limited to:
- breaking the rules regarding communication between users (see point H);
- deliberately submitting false or misleading information;
- any attempt to influence the result of a game by collusion, tampering with the
program or by any other means contrary to the rules;
- causing malfunctions or failure deliberately in order to influence the course of a
game;
- creating several gaming accounts for one person;
- breaking any other rules set forth in the BC&M.
2. The user shall, in particular:
- make no attempt to decompile or reproduce the gaming software used on the Website /
Apps, not interfere with these in any other way, and not develop any software that
interferes with the gaming software used on the Website/ Apps and as part of
client-server communications;
- not use any type of software that permits the use of artificial intelligence or
allows opponent profiling or user collusion;
- not use any software that, at the Operator’s sole discretion, is regarded as a
program that allows a user to cheat or gives a user an unfair advantage over another
player;
- use the games and services at the Website exclusively through an internet browser;
- refrain from using any scripts which are not authorised by the Operator;
- not use any software that allows the user to analyse or reproduce the Website / Apps
or individual games, or that allows the user to interfere with the Website /Apps and
the games and/or their programming in any other way;
- not use any program causing an excessive burden on the server.
3. If required, the Operator reserves the right to take the necessary steps
to detect and prevent the use of such software by users, including but not limited to
identifying and locating the programs installed on the user’s computer or (mobile) end
device, or profiling a player’s behaviour for the purposes of an investigation. Should the
Operator detect or suspect with good reason the use of such prohibited software, the
Operator shall be entitled to suspend the relevant user’s account for a period of at least
six (6) months or more, to withhold any virtual goods and currencies in that account and/or
to declare them as revoked and/or to suspend the player wholly or in part, temporarily or
permanently, from the Operator’s Website / Apps and any other services and content of the
Operator or its associated companies.
H. Communication and Other
Conduct between Players 1. The user is responsible for ensuring any User
Content generated by him/her does not violate any legal provisions or third-party rights.
Specifically, the user undertakes to respect the privacy of other users, and to refrain from
posting any offensive, immoral, objectionable, National Socialist, racist, xenophobic,
discriminatory, pornographic, or sexually degrading statements or content, or statements
that glorify violence, as well as any kind of threat or harassing behaviour.
2. The
following is also prohibited:
- the distribution of advertising;
- conducting surveys;
- the distribution of chain letters;
- the use of the term “administrator”;
- spreading viruses, worms, etc. and any other activity affecting other computer
systems and programs;
- messages that serve the exclusive purpose of spreading religious, political and
ideological convictions;
- bothering other users by entering senseless combinations of characters, etc.;
- deliberately blocking games and communication processes in any way.
I. Sanctions for Improper Conduct The Operator reserves
the right to instantly terminate the contract of any users who conduct themselves contrary
to the rules stated in the BC&M. The Operator also has the right to terminate any
ongoing games, block an account or ban a user with or without prior notice and delete or
withhold Twist credits where applicable.
J. Termination
1. The user and Operator may terminate the contract with immediate effect at any time and
without stating a reason. To do this, the user must send an e-mail with his/her name and
account name to
[email protected]. The closure of the account will be carried out once
the security question has been answered correctly. If the correct answer to the security
question cannot be provided, a copy of a current and official proof of identity must be sent
to
[email protected]. The ID must be valid and the details must match those in the
account. In terminating the contract, the user loses all claims to his/her account and to
any services, content, virtual goods and virtual currencies that are revoked upon
termination.
2. Should an account not be logged for certain periods, it may be closed
due to a lack of activity. However, before the closure is carried out, at least two
notification e-mails will be sent to the account holder using the e-mail address recorded in
the account data. In closing the account, the user loses all claims to his/her account and
to any services, content, virtual goods and virtual currencies, which are revoked upon
termination.
K. “Twists” (Bonus Points) 1. Users are
awarded bonus points called “Twists” for undertaking certain actions. Twists can be acquired
and used in the various games on the Website /Apps.
2. Within the Bestcasinos Apps,
Twists
may also be acquired via a “guest account”.
3. Twists are awarded according to a system
that is explained in detail in the “FAQs” under Help on the Website /Apps. The Operator
reserves the right to make changes to the system at any time.
4. The user has the
opportunity to acquire Twists without charge for his/her activities on the Website /Apps.
Twists are also available for a fee in the website shop and through the Bestcasinos Apps.
For
further information on this topic, please see point M – Virtual Goods.
L. Bestcasinos Apps 1. The Operator offers selected games both on and
off
the Website as downloads for the user’s mobile devices. The technical configuration of the
user’s devices used for that purpose is the sole responsibility of the user.
2.
Bestcasinos Apps are only offered for smartphones and tablet platforms.
3. Third-party
suppliers offer Bestcasinos Apps. Consequently, the conditions of the relevant third parties
apply.
4. By installing the Bestcasinos Apps, the user agrees to make all or part of the
following details concerning his/her end device to the Operator anonymously for the purposes
of error correction and app quality improvement: version number of the Bestcasinos App used,
end device model and version number of the operating system, free capacity, process cycle of
the app, display characteristics, hardware configuration and software environment, system
settings, system log file and, if applicable, information on the inbuilt radio receiver and
its configuration.
5. In the Bestcasinos Apps, there is a difference between a guest
account and a registered account. However the guest accounts allow the user to use the app,
without limiting his/her use of the bonus system. Once the user completes his/her
registration, a standard account will be created. All Twists acquired on the user’s guest
account can be transferred to his/her standard account following registration. The Operator
warrants that it may not restore or recover the guest accounts, including guest accounts
with granted or purchased Twists, in case the user loses access, for instance by changing
the device or any other reasons.
6. Upon proper completion of the registration process
in a Bestcasinos App, the user will also be able to automatically access Bestcasinos games
on
the Website using the same access data.
7. Bestcasinos Apps are downloaded on the user’s
end device via an internet connection. The connection costs applied may vary depending on
the mobile operator or internet service provider and the user is charged separately by them.
It is explicitly stipulated that the connection costs charged by mobile and internet service
providers (and possible basic fees) are not included in the scope of the Operator’s services
and users will be charged for them separately by mobile and internet service providers.
8. The link to the Bestcasinos Apps can be seen on the Website. The Operator reserves the
right to change, reduce or expand the range of Bestcasinos Apps at any time, as well as to
change the price of the Bestcasinos Apps at any time, without stating a reason. Furthermore,
the Operator has the right to no longer offer Bestcasinos Apps at its own discretion. In
exercising that right, the Operator has no obligations whatsoever towards the user. The user
has no claim to compensation if the Bestcasinos Apps that he/she downloaded are no longer
offered or are offered under limited or changed conditions.
9. The Bestcasinos Apps are
protected by the copyright and trademark rights of the Operator. The user is allowed to save
Bestcasinos Apps on his/her end device. Any other form of saving, copying, any other
duplication, editing or distribution of the game by the user is strictly forbidden.
M. Virtual Goods 1. On the Website and in Bestcasinos Apps,
the Operator allows users to acquire and use virtual goods and/or virtual currencies. The
goods and currencies offered may vary depending on the type of game. The User must be at
least 18 years old in order to access the services and purchase virtual goods and/or
currencies.
2. The user has the opportunity to acquire the right to use virtual goods on
the Website and in the Bestcasinos Apps by paying real money or using virtual currency. The
acquisition of virtual goods or currencies solely grants the user the right to use them
within the scope of and in accordance with the game; acquiring any further rights to the
acquired goods or currencies (e.g. ownership) shall be excluded. The object of purchase is
exclusively a right which is limited in terms of time, content and location to the use of
the relevant goods and currencies within the scope of and in accordance with the respective
game. The virtual goods and currencies which can be acquired within the framework of the
Bestcasinos Apps are also available on the Bestcasinos website via the user account. The
virtual
goods and currencies that can be acquired by the user on the Bestcasinos Website are also
available within the Bestcasinos Apps, unless the Operator has adopted a different type of
virtual currencies.
3. Irrespective of which terminology is used on the website,
in the Bestcasinos Apps or in the games, a user purchasing virtual goods or currencies
exclusively acquires a licence in accordance with the BC&M which is limited in terms of
time, content, and location to the use of these virtual goods or currencies within the scope
of and in accordance with the respective game. Any refund, redemption or compensation in
real money is excluded. In case of violation of the BC&M, the Operator is entitled to
withdraw and revoke any and all of the licences granted for the use of virtual goods or
currencies. Upon termination of contract for any reason whatsoever, any and all licences
granted for the use of virtual goods and currencies shall expire. Any virtual
goods/currencies still available to the user upon termination shall be forfeited. The user
shall not be entitled to any compensation.
4. The user is forbidden from transferring
his/her player account, any virtual goods, currencies as well as User Content held therein
to any third party or to other users. The player account for use of the services provided on
the Website /Apps, any data on the Operator’s servers and any User Content are the sole and
unrestricted property of the Operator.
5. The virtual goods and currencies on offer can
be found on the Website / Apps. The Operator reserves the right to change, reduce or expand
the range of virtual goods and currencies at any time, as well as to change the price of the
goods and currencies at any time, without stating a reason. Furthermore, the Operator has
the right to no longer offer goods and currencies or to offer them either free of charge or
for a fee, at its own discretion. In exercising that right, the Operator has no obligations
whatsoever towards the user. The user is not entitled to any compensation should the goods
and currencies he/she uses be withdrawn or provided under different conditions, regardless
of whether said goods and currencies are offered on a temporary or permanent basis.
Moreover, the Operator has the right to delete or change the player account and its
associated player history and/or virtual goods and currencies at any time and without giving
a reason. In such cases, the user is entitled to terminate the contract with immediate
effect. Any further claim by the user is excluded.
6. Payment for virtual goods and
currencies can be made on the Bestcasinos Website using one of the payment methods available
in the shop. Within Bestcasinos Apps, virtual goods and currencies can be acquired from
third-party providers. The User warrants to be the legitimate holder or user of the
chosen payment method. The legitimate holder or user has no right to claim a refund in case
of an unauthorized use of a payment method.
7. The users shall have the right to request
a revocation of the contractual agreement with Bestcasinos within a period of 14 days of the
payment for virtual goods without giving any reason or justification.
8. To obtain
virtual goods and currencies on the Bestcasinos Website, the user must first complete a
registration as provided above.
9. The main currency for payments of virtual goods and
currencies on the Website is the Euro (€). Other currencies are also available especially on
apps depending on operating systems chosen by the User i.e. Google or Android. The prices
for virtual goods and currencies are displayed in the currency of the user’s country,
provided that this currency is supported by the Website. If the user uses a currency other
than the Euro, the exchange rate at the time of the payment is applied when converting into
Euros. All figures in any currency other than the Euro shall be calculated by applying the
current exchange rate of the European Central Bank.
10. Payment for virtual goods and
currencies with real money can be made via different payment methods found on the Website or
within the Bestcasinos Apps using the payment methods of third-party suppliers. The Operator
reserves the right to change the payment methods available without giving a reason. The
Operator further reserves the right to set specific prerequisites for the use of certain
payment methods. The Operator offers no guarantee for the uninterrupted availability of all
payment methods.
11. Virtual goods and currencies shall be considered paid for as soon
as the account of the Operator has been irrevocably credited with the corresponding amount.
All account and/or monetary transactions are checked by the Operator without assuming any
liability. Any suspicious account and/or monetary transactions will be reported to the
appropriate authority.
12. The Operator reserves the right, at its own discretion, to
refuse the allocation of virtual goods and currencies or to set limitations on the number of
goods and currencies or on the total amount. In case of suspicion of fraud or violation of
laws or these BC&M, the Operator has the right to suspend the acquisition processes and
the related payment transactions until the situation has been clarified. The conditions set
forth in Point I shall also apply.
13. The Operator ensures that data processing during
payment transactions conforms to the guidelines of the PCI DSS (Payment Card Industry Data
Security Standard).
II. LIABILITY and WARRANTY 1. Claims
for damages against the Operator, against its associated companies, against the agents of
the Operator in connection with the services and content offered on the Website / Apps and
the services and content offered therein are excluded, unless the relevant loss or damage is
caused by the Operator, its associated companies or its vicarious agents due to gross
negligence or deliberate action. This limitation of liability does not apply to personal
injury.
2. The Operator, its associated companies and/or its agents and its Bestcasinos
Apps business partners shall be liable for damages only in accordance with the relevant
statutory provisions.
3. The Operator assumes no liability for loss or damage of any
kind arising from the improper use of the account by the User. The Operator is not liable
for any damage whatsoever arising from the improper use of the account by a third party
(i.e. persons other than the Operator, the Operator’s agents or associated companies, or the
user), provided that the improper use by said third party is not caused by the gross
negligence or deliberate action on the part of the Operator.
4. The Operator assumes no
liability for any loss or damage due to circumstances beyond its control (e.g. acts of
God).
5. The Operator assumes no liability for User Content, but reserves the right to
delete any content that infringes upon the conditions of use or any legal provisions as soon
as any such content becomes known, and to pass any such infringing content on to the
appropriate law enforcement authority upon the instructions of the court or authority.
6. The user is obliged to inform the Operator immediately in the event of any violation of
the BC&M. In the event of any violation of the BC&M, the user is also obliged to
free the Operator of any responsibility for resulting damages or claims by third parties,
and to reimburse any losses, costs or damages. This shall not reduce or limit the Operator’s
duty to mitigate loss or damage.
III. OTHER TERMS 1. The
Operator reserves the right to extend or change the services offered at any time.
2. The
user explicitly accepts that the ranking lists (leaderboard) may not reflect the actual
capability of players, as almost every game offered involves luck even if only as a
secondary factor. The Operator further warrants that the generation of random numbers is
based on an internationally renowned random generator and is in no way manipulated by the
Operator. Further information about the random generator is available via e-mail from our
support team.
3. Revisions of the BC&M will be provided on the gaming Website /Apps
and should be accepted by the user. Any objection from the user shall lead to automatic
termination of the contract.
4. No communications and declarations concerning this
contractual relationship shall be deemed effective unless made in writing and sent by post,
e-mail or via the Website/Apps.
5. The user will promptly notify the Operator of any
changes to personal data by correcting his/her user data on the Website /Apps. In the event
that the user fails to inform the Operator of any such changes and, as a result, does not
receive any legally relevant declarations or statements sent from the Operator to the
mailing address or e-mail address communicated previously, any such declarations or
statements shall be deemed received.
6. Upon registration for or use of Website /Apps,
every user acknowledges the exclusive intellectual property right of the Operator to the
BC&M.
7. If any of the provisions and conditions of the contract is or becomes
legally ineffective, the remaining parts of the contract shall remain in full force and
effect, unless adherence to the contract would entail an unacceptable hardship for either
party.