CONTRACTUAL TERMS OF ONLINE GAMING SERVICE

Transcription

1 CONTRACTUAL TERMS OF ONLINE GAMING SERVICE

2 CONTRACTUAL TERMS OF ONLINE GAMING SERVICE Valid as of 28 August 2012 in connection with the launch of RAY Loyal Customer membership. These contractual terms replace the contractual terms of online gaming service that entered into force on 2 March These terms shall also be applied to contracts made before their entry into force. These contractual terms shall be applied to the customer relationship between Rahaautomaattiyhdistys and the RAY Loyal Customer when the RAY Loyal Customer uses RAY s online gaming service. 1. SERVICE PROVIDER AND GAMING SERVICE Raha-automaattiyhdistys (Finland s Slot Machine Association) (hereinafter RAY) is a public corporation (Business ID ) whose domicile is Espoo. RAY offers its customers gaming services by virtue of the Lotteries Act and the decree of the Council of State concerning the implementation of gaming services by Finland s Slot Machine Association. The implementation of the games is supervised by the National Police Board. These contractual terms shall be applied to RAY s online gaming services (hereinafter Gaming Service) which form one of the gaming services for RAY Loyal Customer membership. RAY Loyal Customer membership refers to a customer relationship between RAY and its customer which allows the customer to identify himself/herself in RAY s services and use the services intended for identified customers. 2. GENERAL INFORMATION ABOUT THE GAMING SERVICE 2.1. Opening the Gaming Service The use of the Gaming Service requires registration as a RAY Loyal Customer, setting up a gaming account in the Gaming Service, and a permanent place of residence in Finland entered in the statutory Population Information System of the State maintained by the Population Information Centre and Local Register Offices. However, those who live permanently in the Åland islands are not entitled to open the Gaming Service. In connection with the opening of the Gaming Service, the customer of the Gaming Service (hereinafter Customer) shall create a public nickname that separates the Customer from the other players. The nickname shall be in accordance with the instructions given by RAY in connection with the registration of the nickname and distinguishable from others. The nickname must not be insulting, misleading or otherwise in conflict with good manners. RAY reserves the right for a justified reason not to accept an opening of the Gaming Service or cancel an opening made Geographical restrictions for the use of the Gaming Service Opening the Gaming Service and logging in it is not permitted from certain countries and territories. The Customer shall always check the legislation concerning the Gaming Service in the country or area where they plan to open the Gaming Service or log in it. Opening the Gaming Service and logging in it is not permitted at least in the countries and territories specified at a given time on RAY s website Gaming limits In addition to the limits set by the Customer, the following loss limits per day are applied in the Gaming Service: In slot machine games the loss limit per day is 500. Once the loss limit has been met, the Customer is not able to play slot machine games in the Gaming Service during that calendar day (00:00 24:00). In single player casino games the loss limit per day is 500. Once the loss limit has been met, the Customer is not able to play single player casino games in the Gaming Service during that calendar day (00:00 24:00). Casino games played against other players have no loss limit per day. 3. GAMING ACCOUNT 3.1. General A personal gaming account is set up for the Customer in connection with opening the Gaming Service. The Customer can only have one gaming account in the Gaming Service. The gaming account may only be used by the Customer who opened the gaming account. The right of use of the gaming account or the rights and/or obligations of the customer relationship must not be transferred to another person even temporarily. The Customer can transfer assets to the gaming account for the use of the Gaming Service. The Customer s gaming bets and payments shall be charged from the gaming account. The currency used in the gaming account is euro. The upper limit of the gaming account balance is 5,000. The balance exceeding the upper limit shall be automatically transferred by RAY at least once a day to the Customer s bank account registered by the Customer in his/her Ray Loyal Customer membership. It is not permitted to play on credit. The Customer cannot transfer assets to his/her gaming account during the period from 24:00 06:00. Any account transfers made during that period shall be entered into the gaming account no earlier than 6:01. The Customer s winnings shall be paid to the gaming account or the bank account registered by the Customer. If he/she so wishes, the Customer can transfer assets from the gaming account to his/ her registered bank account in accordance with these contractual terms. If there is not enough money in the gaming account to allow playing, or if the Customer has used the Gaming Service by using insufficient or incorrect information, or acted in conflict with the contractual terms or other conditions set by RAY, the confirmed gaming rules or game-specific instructions, the gaming event shall not be accepted. RAY is not obliged to inform the Customer separately, if the gaming event is not accepted due to insufficient amount of money in the gaming account or missing information. If the Customer informs RAY that his/her username or password to RAY s online service has possibly been revealed to a third party, RAY reserves the right to close the gaming account temporarily to protect the Customer s assets and the Gaming Service. RAY has the right to correct a false accounting entry due to RAY s own clerical, calculating or technical error even if the funds have already been entered into Customers gaming account. When correcting the false accounting entry RAY has also the right to charge Customers gaming account the funds Customer has earned unjustly. RAY will notify the Customer immediately of the defect and correction of the error. RAY has also the right to demand return of the funds Customer has otherwise unjustly acquired his/her gaming account. RAY has the right to freeze the amount being investigated in the gaming account as a collateral until the Customer s right to the assets has been legally confirmed Customer s assets in the gaming account The assets transferred by the Customer to the gaming account are account assets. RAY keeps the Customers assets separate from its other assets and deposits them into its bank account. The Customer accepts that RAY keeps the assets transferred by the Customer to the gaming account together with the assets of other Customers and that they are only separated in RAY s electronic gaming accounting. RAY does not provide game certificates or receipts from individual events of the gaming account. The events shall be recorded electronically in the Gaming Service. The Customer shall check that the transaction entries of their gaming account match the measures taken Interest and costs RAY does not pay an interest on the assets deposited in the gaming account. The Customer shall be responsible for all costs resulting from money transfers between the Customer s bank account and the gaming account possibly charged from the Customer by the Customer s bank. RAY does not charge anything for money transfers between the gaming account and the Customer s bank account. The Customer accepts that RAY has the right to charge automatically any service charges directly from the gaming account in accordance with its currently valid price list Complaints The Customer shall check the account entries made into his/her gaming account every time they stop playing. Complaints concerning deviations in the account entries, such as a faulty charge or unpaid winning, shall be made in writing or through the live support of the gaming interface, and it shall be submitted to RAY within a time in accordance with the legislation or, if such a time has not been determined, within a reasonable time from the time when the Customer detected the deviation or should have detected it. The complaint shall include the necessary detailed information for clearing the matter. If RAY has not received a complaint within a reasonable time or time in accordance with the legislation, the Customer shall lose his/her right to appeal to the deviation. RAY undertakes to keep the details of account entries for the period prescribed by the law, after which RAY has the right to delete the information. If the Customer notices that the closure of a gaming account by RAY or the Customer has failed, the Customer shall inform RAY thereof immediately. RAY shall not be responsible for gaming bets that the Customer has played after asking to close or freeze the gaming account or when the Customer has limited his/her right to play. 4. GAMING 4.1. Gaming events Playing the games in the Gaming Service requires that sufficient amount of money for gaming charges has been transferred to the gaming account. The Customer s each individual choice concerning the game (including e.g. line/card, bet and other such choices) is received, accepted, implemented and the drawing takes place in RAY s gaming system which is under supervision of the authorities and to which the gaming event details (including e.g. drawing results) are stored. By using the gaming account interface available to the Customer the Customer can browse the gaming and money transaction events directed at his/her gaming account.

3 The Customer cannot cancel or adjust the bet set after he/she has started the drawing or if the time reserved for setting bets for that game or betting round has expired. Gaming events played in the game system cannot be cancelled. If the Customer notices, suspects or has a reason to suspect that the Gaming Service is faulty or operates incorrectly, the Customer must immediately stop using the Gaming Service and inform RAY about the matter Gaming in conflict with the contractual terms All gaming events performed by the Customer shall comply with these contractual terms and the game-specific rules and instructions. The Customer does not have the right to participate in such a gaming event the end result of which the Customer or a party acting in co-operation with the Customer can improperly influence either directly or indirectly. RAY reserves the right to annul a gaming event completely or partially, if it appears that it has been offered, implemented or accepted as a result of a mistake; the Customer has participated in it in a way which is against the law, contractual terms, confirmed gaming rules or game-specific instructions; the Customer or a party acting in co-operation with him/her tries to evade the contractual terms, confirmed gaming rules or game-specific instructions; or the end result of the gaming events has been directly or indirectly influenced through actions that are against the law, contractual terms, confirmed gaming rules or game-specific instructions. 5. PAYMENT OF WINNINGS The Customer s gaming winnings and any repayments of gaming charges shall be automatically paid to the Customer s gaming account. The Customer can transfer assets from the gaming account to his/her bank account registered in the Gaming Service. If a malfunction occurs in the Gaming Service or system or the game is interrupted for other unexpected reason, the Customer shall only receive refund for the winnings, free games and game reservations saved in RAY s gaming system by the time of the interruption of the drawing for the part that they can be unambiguously verified. If the display of the Customer s gaming interface shows an incorrect winning sum or number of free games or game reservations or an incorrect result of a drawing (hand of cards, number, combination of patterns etc.) due to a fault or malfunction, the Customer shall be refunded the actual winning sum or number of free games or game reservations saved in RAY s system, or the winning shall be paid on the basis of the information stored in RAY s gaming system. Before the transfer of the gaming winnings from the Customer s gaming account to the bank account registered to the Customer, RAY reserves the right to check and confirm the Customer s right to the gaming winnings to be transferred. RAY shall not be responsible for delayed payment or other delays that result from the checks. During the checking period the assets being checked shall be kept in the Customer s gaming account as frozen assets, if it is necessary for securing the matter to be cleared or object of legal protection. 6. SECURITY To ensure the security of the Gaming Service and the correctness of the Customer s gaming activities or to investigate and prevent crimes and other abuse, if RAY suspects abuse of the Gaming Service, it has for the purposes of risk management, within the currently valid legislation, contractual terms or gaming rules or on the basis of an order of a competent authority the right to deny to accept fully or partially the bets and/or money transfers made by the Customer; set a delay for transferring gaming winnings from the gaming account to the Customer s bank account; immediately interrupt the use of the Gaming Service completely or partially or refuse to accept a game played through the Gaming Service; prevent opening of a gaming account and/or gaming, completely or partially. Furthermore, RAY has the right to interrupt the use of the Gaming Service or part thereof immediately or refuse to accept a game played through the Gaming Service, if the Customer does not comply with the contractual terms concerning the Gaming Service, confirmed gaming rules or game-specific instructions, or otherwise abuses the Gaming Service in such a way that the use is in conflict with the law or the contractual terms or causes damage or risk to RAY, other players or outsiders, or if the Customer s activities, or the hardware, software or telecommunication connections used by him/her endanger or cause risk to the operation or security of the Gaming Service. 7. INTANGIBLE RIGHTS All rights related to the content of the Gaming Service, including industrial rights and copyright, belong to RAY or its contracting partner, and they are protected by Finnish and international legislation and agreements. Any copying, transferring, editing, sharing, re-releasing and distributing of the material in the Gaming Service or making it otherwise available to the public, including e.g. text, photos, video, sounds, music and computer software, is prohibited, unless specifically stated otherwise. RAY and its contracting partners reserve to themselves all rights that are not specifically given here. The logos and product marks appearing in the Gaming Service and all trademarks, product names, service names and slogans related thereto are the property of RAY or its contracting partner. They must not be used in any way without a written consent given in advance by RAY or its contracting partner. Unauthorized use of material protected by industrial rights or copyright may lead to claim for financial compensation and to other legal consequences. RAY has the right, in connection with its own operations, to use, publish and distribute the material and messages sent by the Customer to the Gaming Service and make copies of them within the limits set by the legislation. RAY, however, respects the privacy of RAY Loyal Customer. RAY can remove from the Gaming Service any material the expression of which in the service RAY has prohibited or which according to RAY s view is in conflict with the law or good manners, improper, incorrect, harmful or detrimental to RAY, the users of the service or outsiders. RAY is not obliged to inform the Customer about removing the material beforehand or afterwards. 8. CHAT SERVICE 8.1. General RAY offers the Customers a real-time Chat instant messaging service (hereinafter Chat service) for communication between Customers and between the Customer and RAY in connection with certain games in the Gaming Service. It is only allowed to send content in the Chat service in Finnish, Swedish and English which is not in conflict with the law or good manners or does not include material of another party which is protected by copyright The use and content of the Chat service The Customer understands and accepts that he/ she is responsible for the content of the messages sent by him/her and for his/her behaviour in the Chat service. Due to the real-time nature of the Chat service RAY does not moderate the content of the communication and is not responsible for it. While using the Chat service the Customer shall follow good manners and rules of behaviour, and he/she must not send any illegal, indecent, libellous, defamatory or threatening material or other material which is against the law or is generally considered to be offensive or detrimental. RAY reserves the right to remove from the Chat service any such content the expression of which in the service RAY has prohibited or which according to RAY s view is in conflict with the law or good manners, improper, offensive, incorrect, harmful or detrimental to RAY, the user of the service or outsiders, and to prevent the access of such a Customer to the Chat service completely or for a fixed period whose use of the Chat service violates these terms. RAY is not obliged to inform the Customer about removing the material beforehand or afterwards. For example, the following ways are in conflict with the terms: The Customer uses the Chat service for a purpose other than personal communication; for example, commercial purposes, marketing communication, distribution of viruses or malware; the Customer uses the Chat service for a purpose in conflict with the instructions or rules of the game; the Customer pressures, threatens, demeans or otherwise disturbs another Customer or RAY or interferes with communication using technical means or by sending the same message repeatedly; the Customer tries to obtain other Customers private information, such as password or username; the Customer sends or distributes illegal, prohibited or detrimental content or content that may be interpreted to be discriminating, offensive or misleading on purpose; the Customer presents untrue, defamatory or groundless statements or claims concerning RAY of the Gaming Service; the Customer uses a false identity or pretends to be an employee of RAY or its co-operation partner or represents one of the aforementioned; the Customer behaves or uses the Chat service in an otherwise improper manner RAY s responsibility for the Chat service RAY offers the Chat service to its Customers without a guarantee of the technical functioning of the service. RAY does its best to maintain troublefree functioning of the service, but it cannot guarantee the functioning of the service. RAY shall not be responsible for the content of the messages produced for the real-time Chat service by the Customers or their correctness. The Customer shall take that into account in assessing the reliability of the communication in the Chat service. RAY does its best to remove any illegal or otherwise improper content from the Chat service. RAY shall not compensate any consequential or indirect damages possibly caused to the Customer 4 5

4 by the Chat service, or the use or non-functioning thereof. 9. LIMITATION OF RISK The Customer uses the Gaming Service at his/her own responsibility. RAY shall only be responsible for the functioning of the Gaming Service in the hardware and software environment that meets RAY s official hardware and software requirements. The currently valid supported hardware and software are specified in RAY s online service. RAY shall not guarantee or be responsible for keeping the Gaming Service at the disposal of the Customer without interruptions or faultless. RAY attempts to inform the Customers in advance on its website about servicing, updates, maintenance, and disturbances related to the use of the Gaming Service and other interruptions resulting from similar causes. RAY may limit the time of use of the Gaming Service by informing the Customer thereof in connection with the Gaming Service. RAY shall not be liable to the Customer or a third party for any consequential or indirect damage, including e.g. delay, damage caused by unused possibility to use the Gaming Service, loss of income, goodwill, right of use or information, or other financial loss that may be caused e.g. by: 1. the use of the Gaming Service or the fact that it has not been possible to use it; 2. cost resulting from acquiring a replacement item or service which is based on knowledge, information or service bought from or obtained through the Gaming Service, a message received through the Gaming Service, or a legal action that has been taken through the Gaming Service; 3. illegal access to the Customer s data transfers or changing thereof; 4. damage to or loss of data concerning the Customer s information system or terminal which is caused by content downloaded from the Gaming Service; 5. other issues or circumstances related to the Gaming Service. RAY s responsibility for the errors occurring in the implementation of the Gaming Service or the fact that a gaming event has not been realized due to a reason attributable to RAY or the Gaming Service shall in all cases be quantitatively limited to the amount of the payment that the Customer has made to RAY in connection with the occurrence of the error, unless otherwise stated in these terms or the verified gaming rules of the game in question. Nothing mentioned in this item shall, however, limit the Customer s legal rights. 10. TERMINATION OF THE CONTRACTUAL RELATIONSHIP 10.1 The Customer s right to terminate the contractual relationship The Customer has the right to terminate the contractual relationship at any time in RAY s online service or by giving a notice verifiably to RAY s customer service. The contractual relationship shall end once RAY has handled any unfinished matters of the Customer concerning this contractual relationship, such as e.g. the payout from the results of the games played by the Customer that are open RAY s right to terminate the contractual relationship RAY has the right to close the Customer s gaming account for a fixed period or until further notice or terminate the contractual relationship immediately without a prior notice, if: the Customer fails to comply with the contractual terms, confirmed gaming rules or game-specific instructions related to the Gaming Service; RAY has a reason to suspect that an illegality, abuse or fraud is related to the use of the Gaming Service; the Customer abuses the Gaming Service otherwise in such a way that the use of the service causes damage or risk to RAY, other customers or outsiders; or it is necessary on the basis of a law or the stipulation of a competent authority, to ensure the security of the Gaming Service, or to solve or prevent crimes or other abuses. RAY reserves the right to report about any suspected abuse to the appropriate authorities and assist the authorities in solving the case Terminating the contractual relationship due to a change in circumstances RAY has the right to close the Customer s gaming account, terminate the contractual relationship and transfer any assets from the gaming account to the bank account registered in the Customers RAY Loyal Customer membership, if: no entries have been recorded in the gaming account on 24 consecutive months; the Customer s RAY Loyal Customer membership has ended; RAY has a justified reason to suspect that the Customer no longer has a permanent domicile in Finland. (People living permanently in the autonomous region of Ahvenanmaa (Åland) are not entitled to use the Gaming Service); RAY receives information about the Customer s death; RAY has a justified reason to suspect that other requirement for registering as a RAY Loyal Customer or opening of the Gaming Service is no longer met Measures at the end of the contractual relationship When the contractual relationship ends, RAY shall close the Customer s gaming account, so that any assets in the gaming account will be transferred in accordance with these contractual terms to the bank account that the Customer has registered in his/her RAY Loyal Customer membership. 11. AMENDMENTS TO THE CONTRACTUAL TERMS RAY has the right to amend the Gaming Services and their content. RAY reserves the right to amend the contractual terms or game-specific rules and instructions as necessary. RAY shall inform about any amendments in the Gaming Service or to the address provided by the Customer. If RAY amends the contractual terms in such a way that the amendment increases the Customer s responsibilities or decreases his/her rights, and the amendment is not made due to legislation or a decision of the competent authority, RAY shall inform the Customer about the amendment to his/ her address or telephone number registered in the Customer s details. The Customer shall be considered to have received the information at the latest 7 days after RAY has sent the notice in the said manner. If the Customer does not accept the amended contractual terms, the Customer must not log in the Gaming Service, but the Customer shall terminate the contractual relationship. Otherwise the Customer shall be bound by the new terms. 12. CONTRACT AS A WHOLE If there are discrepancies between different contractual terms and game-specific rules, they shall be applied in the following order of priority: 1. Confirmed gaming rules of the Online operated money games 2. Game-specific instructions 3. Contractual terms of the online gaming service 4. General contractual terms of RAY Loyal Customer membership These contractual terms have been drawn up in Finnish and translated into other languages. If discrepancies occur between different language versions, the Finnish version shall be primarily be applied. 6 7

5 HYVÄÄ ONNEA EMME VOI TAATA, MUTTA HYVIÄ ETUJA VOIMME. 8