Valid as of January 29, 2013

Transcription

1 1 (10) Contractual terms of RAY Valid as of January 29, 2013 These contractual terms replace the contractual terms of RAY that entered into force on August 28, These terms shall also be applied to contracts made before their entry into force. 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 with RAY which refers to a customer relationship formed together by RAY and its customer which allows the customer to identify himself/herself in RAY s services and use the services intended for identified customers (hereinafter RAY ). In addition, the service-specific contractual terms applicable at a given time shall be applied. GRANTING RAY LOYAL CUSTOMER MEMBERSHIP AND REGISTERING AS A LOYAL CUSTOMER The use of RAY 's services requires registering as a RAY. Persons who are at least 18 years of age, legally competent, and have a Finnish official identity number granted by the Population Information Centre are entitled to register as RAY s. Furthermore, RAY requires a bank account in a bank operating in Finland with which RAY has a transaction co-operation agreement. In connection with registering as a RAY the customer shall accept these binding contractual terms. RAY includes gaming services that RAY s can choose for their use or remove from their use. At registration the RAY shall choose at least one gaming service for his/her use. When the gaming service is taken into use for the first time, the RAY shall set a day and month-specific gaming limit for himself/herself in that gaming service. The gaming limit specifies the maximum amount of money that the RAY may lose during one day or one month. Winnings increase the amount of money that can be sent within the gaming limits. It is possible to register as a RAY on RAY s website, at certain RAY s arcades, at Casino Helsinki and through authorized service points operated by third parties. RAY reserves the right for a justified reason not to grant RAY or cancel a previous registration as a RAY.

2 2 (10) The applicant of RAY shall give RAY the right to retrieve the applicant s personal and address details from the statutory Population Information System of the State maintained by the Population Information Centre and Local Register Offices and check their correctness. The RAY shall be responsible for the correctness of the information provided to RAY and the consequences resulting from any incorrectness of the information. The RAY undertakes to inform RAY about any changes in the information provided by him/her, such as personal details, contact information or bank account number. When applying for RAY, in addition to these contractual terms, the applicant undertakes to comply with the RAY's service-specific contractual terms and rules, the rules of RAY s outlets and games, as well as the law and good manners. The contractual terms and the privacy policy applicable at a given time can be viewed on RAY s website and in certain RAY s outlets and authorized service points operated by third parties. IDENTIFIED GAMING WITH A CARD AT SLOT MACHINES Identified gaming at RAY s slot machines using a debit card is one of the services of RAY Loyal Customer. The use of the gaming service in question requires linking the RAY Loyal Customer to a personal debit card i.e. entering the number of a personal debit card to the customer information of the RAY through a payment transaction either on RAY s online service or at RAY s slot machines within the scope of RAY. More detailed descriptions and information on the functionality of linking a card can be found on RAY s website. RAY can be linked to personal debit (or Visa Electron) cards granted by Finnish credit institutions mentioned on RAY s website. Only one RAY, under the name of the cardholder entered in the card, can be linked to an individual debit card. A RAY can link his/her RAY at a time to a maximum of five different personal debit cards. It is not possible to link RAY to bank, credit or business cards. RAY Loyal Customer can, however, be linked to combination cards (credit/debit cards) which include both credit and bank card properties. Gaming at slot machines on credit is prohibited by virtue of the Lotteries Act. Hence RAY Loyal Customer can only be linked to a debit card that is not linked to abank account with overdraft facility. Linking RAY to debit cards may be limited by the independent power of decision of a credit institution on what debit cards granted by it the RAY can be linked to. While playing at slot machines within the scope of RAY using a debit card to which the RAY has been linked, the RAY participates in special jackpot games with surprise winnings intended for RAY s. Such a jackpot winning will be paid, depending on the winning category of the game, either to the RAY Loyal Customer s bank account registered for his/her RAY or to the game reservations of the slot machine. The playing instructions and other further information on jackpot games with surprise winnings can be found on RAY s website.

3 3 (10) There are regulations concerning situations of faults of slot machines and faults and interruptions of games in the Gaming rules of the games of Finland s Slot Machine Association issued by a decree of the Ministry of the Interior. If a RAY notices, suspects or has reason to suspect that a slot machine or game is faulty or operates incorrectly, the RAY shall immediately stop using the slot machine or game and inform RAY thereof. USING RAY LOYAL CUSTOMER MEMBERSHIP To utilise the services of RAY the RAY shall identify himself/herself using a method and/or means of identification required by RAY at the time. The RAY accepts as binding all the measures taken by identifying in the service under the RAY s name using different methods and/or means of identification. The RAY Loyal Customer shall be released from the use of the services without his/her contribution by following the regulations and instructions concerning the careful handling of each method and/or means of identification. The content of customer benefits for RAY, functions and limitations related to receiving and using the benefits valid at a given time, and other more specific information can be found in the rules of the customer benefits. The RAY accepts the rules for customer benefits when he/she utilises the benefits. If the RAY so wishes, he/she can change the gaming service-specific gaming limits set in connection with the activation of the gaming service. When the daily gaming limit amount is decreased (tightened), the change shall enter into force immediately. When the gaming limit amount is increased (loosened), the change shall enter into force the day after tomorrow. A change for a lower (tighter) monthly gaming limit shall enter into force immediately, but a higher (looser) limit shall enter into force at the beginning of the next calendar month. The RAY can set himself/herself a gaming service-specific gaming prohibition for a fixed period. The prohibition cannot be cancelled during its period of validity. The RAY online service offers a responsibility tool (Playscan) for the use of RAY s which may help the RAY to pay attention to his/her gaming in the online gaming service and changes therein. By activating the tool the RAY will get at his/her disposal a customer-specific responsibility analysis which is compiled on the basis of the player and gaming data and the results of the self-evaluation test (PeliTesti) possibly taken by the RAY. RAY does not examine the customer-specific responsibility analyses. The RAY accepts that the gaming data accumulated in connection with his/her use of the services is collected and handled as an integral part of the online gaming services. RAY shall not be responsible for the functioning of the responsibility tool or for its suitability for the purpose of use. The service-specific means of identification of RAY include e.g. personal debit card and mobile customer card. RAY s online service uses the username and password determined

4 4 (10) by the RAY and the Tupas identification service of Finnish credit institutions as a method of identification. RAY has the right to unilaterally determine the means and methods of identification required for RAY and services thereof. The RAY shall be responsible for logging out when he/she stops using the service offered by RAY. RAY shall not be responsible for any consequences if the RAY has not done so. The RAY shall be released from the use of RAY services without his/her contribution under his/her username and password for RAY s online service as of the time RAY s customer service has received the RAY s report on the username or password having been disclosed to an outsider. The RAY shall gain a limited right of use to the RAY services in accordance with these terms. The RAY is not entitled to save, transfer, edit, perform in public, intermediate, forward, make otherwise available to the public or use the service or contents received through it or part thereof otherwise than within the limits permitted by the contractual terms and applicable legislation. RAY has the right for a justified reason to prevent the RAY from using the services offered and a certain means of payment. RAY has the right to immediately interrupt the use of the services completely or partially if: - the RAY does not comply with the contractual terms, rules of the customer benefits, service-specific rules, gaming rules, gaming instructions or other instructions given by RAY; - RAY has a reason to suspect that the RAY is abusing the service or system offered by RAY; - the RAY s activities, or the hardware, software or telecommunication connections used by him/her cause damage or risk to RAY or a third party. RAY has the right to make amendments to the operating and contents of the services, customer benefits and systems it offers, and interrupt the provision of the services. MOBILE CUSTOMER CARD A person registered as a RAY can order a mobile customer card to use as an identification of RAY. The mobile customer card is a mobile application which is downloaded to the mobile phone and acts as a personal identification in the same way as the physical customer card for obtaining the customer benefits of RAY. Ordering a mobile customer card to a mobile phone is done via a download link in the SMS or service message. The card is downloaded using the data connection of the mobile phone. More detailed instructions on taking the card into use can be found on RAY s website. During the validity of RAY, RAY s can always order a mobile customer card independently. The independent ordering opportunity can be found under My Account in RAY s online service. A mobile customer card can only be ordered to a mobile telephone number registered in the customer information. RAY has the right to limit the number of times the card is ordered.

5 5 (10) To utilise the customer benefits of RAY with a mobile customer card, the front of the card shall be displayed when redeeming a benefit. For redemption of some customer benefits should also a specified code key be mentioned. The code keys can be found in the subpage of the card or in the mobile portal, which opens from the card menu. When a RAY redeems the benefit, he/she is obliged to prove his/her identity with an official certificate of identity if requested by RAY or its co-operation partner. The mobile customer card is valid for two (2) years from the date of order. Redemption of the customer benefits requires a valid mobile customer card. More information about the other functions of the mobile customer card can be found on RAY s website. The download link for a mobile customer card sent by SMS and service message is free of charge for the customer. Otherwise the RAY shall be responsible for the costs related to initialization and use of the card, such as the data connection. The card menu opens a mobile portal called Benefits. The use of the portal requires a data connection, and any costs thereof shall be borne by the RAY. SMS or service message containing the download link for the card shall be automatically sent to RAY s whose mobile card will expire within one month. A RAY may also order the SMS and service message independently in RAY s online service or by visiting certain RAY s outlets. RAY shall not guarantee that the mobile customer card works in all mobile phone models. RAY shall not be responsible for any disturbance or interruptions in the use of the mobile customer card. Neither shall RAY be responsible for mobile telephone service providers connection problems, data connection problems or other telecommunication interruptions which may disturb the use of the card from time to time. However, RAY aims to inform in advance about any interruptions in the use of the card within its power or influence in its online service. A RAY whose contractual relationship has ended, is obliged to delete the mobile customer card from his/her mobile phone. LIVE HELP CHAT INSTANT MESSAGING SERVICE RAY offers RAY s a real-time Live Help chat instant messaging service (hereinafter Chat service) in its online service for communication between RAY s and RAY. RAY s shall be responsible for the content of the messages they send and their behaviour in the Chat service. RAY s shall follow good manners and rules of behaviour when using the Chat service. For example, the following behaviour is in conflict with the terms: - The RAY uses the Chat service for a purpose other than personal communication, such as distribution of viruses or malware;

6 6 (10) - The RAY interferes with the communication by technical means or by sending the same message repeatedly; - The RAY sends material that is illegal, indecent, libellous, defamatory, intentionally misleading, threatening or otherwise in conflict with the law or is considered generally offensive or detrimental; - The RAY uses a false identity or pretends to be employee of RAY or its cooperation partner or represents one of the aforementioned; - The RAY behaves or uses the Chat service in otherwise indiscreetly. RAY offers the Chat service without guarantee for the technical functioning of the service. RAY shall take all efforts to maintain trouble-free operation of the service, but it cannot guarantee the functioning of the service. LIMITATIONS TO THE SERVICES RAY s online service and online gaming service are available through an optimized mobile user interface. RAY cannot guarantee that the mobile user interface will function in all devices. A list of currently valid supported devices is displayed on the RAY website. More detailed instructions for using the mobile user interface can be found on the RAY website. Services available in the mobile user interface are limited. The services available at a given time are displayed in the mobile user interface. STORING AND USING CUSTOMER INFORMATION The RAY gives his/her consent for RAY to store his/her personal details in RAY s information systems, and that RAY has the right to use the personal details in the way specified in the privacy policy. RAY has the right to maintain the RAY s details by checking and updating the information regularly from the statutory Population Information System of the State maintained by the Population Information Centre and Local Register Offices. The RAY gives his/her consent for RAY to send messages related to the customer relationship to the address or telephone number registered by the RAY with RAY. All communication in electronic and paper format shall be considered to be written communication and to have been received no later than 7 days after sending. Unless otherwise stated, all announcements required in writing by RAY and questions concerning the contractual terms shall be primarily sent to asiakaspalvelu@ray.fi. The RAY accepts that the telephone conversations between him/her and RAY s customer service for consumers can be recorded by RAY to ensure the legal safety of both parties, to develop the quality of service, as proof for service events, and for security reasons and to prevent abuse. If a RAY whose contractual relationship has ended re-registers in the service within 12 months from the end of the contractual relationship, RAY shall return to him/her the earlier customer number and information related thereto to improve the quality of service and ensure security and responsibility.

7 7 (10) RAY S RIGHTS RAY has the right to remove from the services a RAY who has acted in conflict with these terms or terms, rules or instructions concerning services or the customer benefits or the law or good manners, and prevent the use of them or the customer benefits in the future for a maximum of one (1) year at a time. All rights related to the content of the services, 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 services 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 in the contractual terms or the service. The logos and product marks appearing in the services 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 RAY to the service and make copies of them within the limits set by the legislation. RAY, however, respects the privacy of RAY s. RAY can remove from the services 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 RAY about removing the material beforehand or afterwards. If the RAY informs RAY that his/her means of identification has possibly been revealed to a third party, RAY reserves the right to close the services temporarily to protect the RAY Loyal Customer s assets and services. RAY S RESPONSIBILITIES RAY does not guarantee that the services related to RAY will be available without interruptions. Nevertheless, RAY attempts to inform in advance about service interruptions, disturbances and service breaks. RAY shall not be responsible for damage caused to the RAY Loyal Customer by any disturbances and breaks in the service. Furthermore, RAY shall not be responsible for any indirect damage caused to the RAY or a third party due to disturbances or errors in the services provided by it. RAY shall not be responsible for the functioning or reliability of the telecommunication connection or telecommunication services between the RAY and RAY. RAY shall not be responsible for the RAY s behaviour in the services or for material or messages sent to the service by him/her. Furthermore, RAY shall not be responsible for the content of the websites referred to in the links created in the online services.

8 8 (10) RAY shall only be responsible for the functioning of the services in the RAY s hardware and software environment that meets RAY s official hardware and software requirements. The currently valid supported hardware and software are specified on RAY s website. RAY shall not be responsible for the damage caused to the RAY by unreasonable difficulties in RAY s operations due to a force majeure or other similar reason. Such force majeure that discharges RAY from liability may be, for example a decision made or action taken by the authorities; industrial action that directly or indirectly concerns RAY; war, rebellion, riot or threat thereof; sabotage, fire, natural catastrophe or accident; disturbance in electricity or telecommunication connections. A force majeure or other event outside RAY s reasonable influence that prevents, delays or hinders the supplying of the service shall entitle RAY to interrupt or limit its operations until further notice. RAY s responsibility for the errors occurring in the implementation of the services or the fact that a service has not been realized due to a reason attributable to RAY shall in all cases be quantitatively limited to the amount of the payment that the RAY has made to RAY in connection with the occurrence of the error, unless otherwise stated in the verified gaming rules of the game in question. None of the above items shall, however, limit the RAY s legal rights. RAY LOYAL CUSTOMER S RESPONSIBILITIES The RAY is obliged to keep his/her personal means of identification for RAY Loyal Customer and the username and password to RAY s online service in such a way that they are not disclosed or given to anybody else. The RAY shall be obliged to inform RAY immediately if he/she has a reason to suspect that his/her username and password to RAY s online service have been disclosed to an outsider. The RAY shall be responsible for the costs resulting from the use of the service, such as connection costs and telecommunication costs. The RAY may only use the online services offered by RAY through appropriate telecommunication connections and computer hardware and approved, operational telecommunication hardware and software related thereto. The RAY shall be responsible for the operating and security of his/her hardware and software. The RAY shall be responsible to RAY and third parties for material and messages sent to the services and for any qualities thereof that cause damage, are in conflict with the law or good manners, or violate the right of a third party. TERMINATING RAY LOYAL CUSTOMER MEMBERSHIP RAY shall be valid until further notice. The RAY has the right to terminate the customer relationship with RAY at any time in RAY s online service, at certain RAY s arcades, at Casino Helsinki or by giving a notice verifiably to RAY s customer service. When

9 9 (10) the customer relationship ends, RAY shall stop offering all services related to the RAY to the RAY and prevent the use of his/her means of identification and username and password to RAY s online service in the RAY services. Terminating RAY shall also terminate other contracts and services based on RAY between RAY and the RAY. The contractual relationship shall end once RAY has handled any unfinished matters of the RAY Loyal Customer concerning this contractual relationship, such as, for instance, the payout from the results of the games played by the RAY that are open. In order to guarantee the security and responsibility, RAY shall keep the information of the RAY Loyal Customer for one year after the termination of the customer relationship, during which time it can be restored to the RAY if he/she applies again for a RAY. RAY has the right to terminate the contractual relationship immediately without a prior notice, if the RAY fails to comply with the terms, rules, gaming rules or instructions related to the services offered by RAY; RAY has a reason to suspect that an illegality, abuse or fraud is related to the use of the services offered by RAY; the RAY abuses RAY otherwise in such a way that the use of the services offered by RAY causes damage or risk to RAY, other customers or outsiders; it is necessary on the basis of a law or the stipulation of a competent authority to ensure the security of the service offered by RAY, or to solve and/or prevent crimes or other abuses. RAY also has the right to terminate the contractual relationship, if the RAY has not had at least one (1) valid gaming service in his/her RAY Loyal Customer during 60 days; RAY receives information about the RAY s death; a requirement for granting RAY is no longer met. AMENDMENTS TO THE CONTRACTUAL TERMS These contractual terms shall be valid until further notice. RAY has the right to amend the contractual terms by informing about the amendment on RAY s website or to the contact details registered in the RAY s customer information. RAY has the right to make amendments to the functioning and content of the services offered related to RAY, and interrupt the provision of services completely or partially. RAY shall not be responsible for any harm or damage caused to the RAY by the amendments or termination of services. If RAY amends the contractual terms in such a way that the amendment increases the RAY Loyal Customer s responsibilities or decreases his/her rights, and the amendment is not made due to legislation

10 10 (10) or a decision of the competent authority, RAY shall inform the RAY about the amendment. The RAY shall be considered to have received the information, at the latest, 7 days after RAY has sent the information to the contact address registered in the RAY s customer information. The RAY shall be considered to have accepted the amendments to the contractual terms if he/she uses RAY after the RAY has been informed about the amendments in the aforementioned manner. If the RAY does not accept the amended contractual terms, he/she shall not use his/her RAY, but the RAY shall terminate the contractual relationship. Otherwise the RAY shall be bound by the new terms. SETTLING OF DISPUTES This contractual relationship and other contracts between the RAY and RAY shall be governed by the Finnish law. Any disputes concerning the use of the services and the contractual terms shall be settled in the District Court of Espoo. The RAY also has the right to file action in the District Court of his/her domicile in Finland. These contractual terms have been drawn up in Finnish. If discrepancies occur between these contractual terms and contractual terms translated into another language, the Finnish version shall primarily be applied.