Nektan (Gibraltar) Limited is licensed by The Government of Gibraltar (Casino RGL No.054) and the UK Gambling Commission (licence 000-039107-R-319400-002) with UK gaming software licence (000-041645-R-320687-001). Regulated by both the Gibraltar Gambling Commissioner and the UK Gambling Commission under the Gambling Act of 2005. Operator charges may apply to text messages and data downloads. Check with your operator if unsure before playing. Please ensure that you read these Terms and Conditions carefully, as part of your account sign up and continued use as they contain important information that details and explain Your rights to access and use of the Nektan (Gibraltar) Limited service.
1.1. These Terms and Conditions apply to both Real Money Play and Free to Play including “Lite” registration where applicable, unless otherwise stated. Any reference to games in this agreement, whether for Real Money Play or Free to Play, shall refer to the games of chance and other games as may from time to time become available on the Service. Nektan reserves the right to add and remove games from the Service at its own discretion.
1.3. For the purpose of the agreement between You and Nektan (Gibraltar) Ltd, the term “Nektan” shall include any affiliate company within the same group of companies as Nektan (Gibraltar) Ltd, where applicable.
2. USE OF THE SERVICE
2.1. You agree to use the Service and Your Account solely and exclusively for the purpose of Your genuine participation in the games and not for any financial or other operations. Your participation in the games will be strictly in Your personal non-professional capacity for recreational and entertainment purposes only.
2.2. To use the Nektan service You must create an Account with us. By using and/ or by registering an Account, You fully agree to be bound by these Terms and Conditions.
3. CHANGES TO THE TERMS AND CONDITIONS
3.1. We reserve the right to change, modify and update these Terms and Conditions at any time. Any such changes will be published within the lobby of the Service, and can be tracked by version date provided at the bottom of these terms. Whilst we will try to use all reasonable endeavours to notify You of any material changes to the Terms and Conditions, it will remain Your sole responsibility to ensure You are aware of the current Terms and Conditions. Your continued use of the Service after the date on which the Terms and Conditions are stated to come into effect will be deemed to be Your binding acceptance of the revised Terms and Conditions whether or not You have had notice of, or have read, the revised Terms and Conditions.
4. REGISTERING AN ACCOUNT
4.1. The registration process consists of two phases, including personal and banking details. Only those customers who have completed the full registration process and made a monetary deposit will be considered as “Real Money Play” players. Those customers who have only completed the first phase of registration (by registering username, email address, password, postal address and telephone number) will be considered as “Free To Play” players. During registration You will choose a username and password and enter other personal details which will be used for the purposes of verifying Your identity and contacting You. You will also need to verify your registered email address, this is to ensure that you are able to receive all of our promotional offers.
4.2. Nektan carries out ID verification procedures, itself or through third parties, on customers depositing money. Additionally, You may be requested by Nektan to provide documents such as a copy of Your passport or other photographic forms of identification. Your Account may be restricted, blocked or closed if You do not provide requested information or documents or if such information or documents You supply is/are found to be false or misleading. If it is not possible for Nektan to verify within 72 hours that You are at least 18 years of age or above the legal age for gambling in Your country of residence, Your Account will be suspended until Nektan has verified that You are of such age.
4.4. By opting in-to promotional emails You may receive information on promotional and other marketing campaigns from Nektan unless You have chosen to opt-out from receiving such information. Players may Opt-in or out by contacting customer services or at registration
4.5. Nektan reserves the right to refuse to open any Account. Players are permitted to register up to three Nektan powered casino accounts, however only one per individual brand is allowed. In this case it is the player’s responsibility to correctly manage their accounts. Players can request further accounts to be opened by application to customer services, the granting of this will be after review with the decision being final. You must not under any circumstances register an Account on behalf of someone else.
4.6. After opening Your Account, You must take all reasonable steps to avoid disclosing (whether deliberately or accidentally) Your username, password and/or Account number to anyone else, including ensuring that up-to-date security software is downloaded onto Your device and changing Your password regularly. In accordance with our Responsible Gambling Policy, we advise that if Your device is used by children that any information in relation to Your Account is kept confidential and secure and You may wish to make use of parental control software. Whilst Nektan takes every precaution possible to ensure underage gaming cannot take place, the use of parental information remains the account holder’s responsibility.
5. UNDERAGE GAMBLING
5.1. You must not seek to register for or play any games on this Service if You are under the age of 18 years or under the legal age for gambling of the country in which You are resident. In the event that Nektan discover You are under 18 years of age or under the legal age for gambling of the country in which You are resident, Nektan will report such attempts or activities to the relevant regulatory bodies who in turn, may refer the matter to Your local prosecution authorities, parents, legal guardians or any other appropriate legal authorities.
6. ACCOUNT SECURITY
6.1. The password that You choose must be kept private and secure by You at all times. Should You forget Your Account login or password please contact Customer Support for assistance. Failure to keep Your password private and secure could lead to unauthorised activities on Your Account for which Nektan accepts no liability.
6.2. Transactions made using Your Account(s), login details and password are accepted by us on the understanding that the transactions have been authorised by You. Nektan shall not be liable for any claims in the event that You disclose Your username and password to anyone else (whether deliberately or accidentally).
6.3. If another person accesses Your Account(s) You are solely responsible for all their actions whether or not their access was authorised by You and Nektan shall not be liable for any claims in the event that You disclose Your login details and/or password to a third party either intentionally or accidentally.
6.4. Should You feel that Your Account(s) security has been compromised, You are obligated to contact us immediately.
6.5. Nektan reserves the right at its sole discretion to close Your Account(s) if we suspect that You have disclosed Your login and/or password to any third party.
7. DEPOSITS AND WITHDRAWALS
7.1. You understand that Your Account is not a bank account and cannot be used as such. Any monies deposited with us in Your account shall not bear any interest to You. Any and all funds deposited by You must be used for the sole purpose of gambling.
7.2. There are minimum and maximum limits on the amounts that you can withdraw from your account. You are not permitted to make more than one withdrawal from your account in any one 24 hour period.
7.2.1 The following withdrawal request conditions apply in every case. Minimum withdrawal is £20, except in the case of a final withdrawal to close your account. Withdrawal requests are limited to one per day up to £2,000 and a monthly limit of £5,000. Withdrawals can only be processed to a debit or credit card that is registered to your account and which was used to deposit the funds.
7.2.2 Due to Card Scheme Rules and Anti Money Laundering Regulations wherever possible, withdrawals will be paid back to the depositing method, if this is not possible, Nektan reserves the right to request additional documentation.
7.3 Nektan’s customer funds are held in an independent bank account from our business accounts to ensure that they are protected in the event of insolvency. This meets the UK Gambling Commission’s requirement for the segregation of customer’s funds at the Medium Level of protection. For further information please refer to the Gambling Commission’s web site. http://www.gamblingcommission.gov.uk/Consumers/Protection-of-customer-funds.aspx
7.4. Nektan does not grant any credit for the use of its services.
7.5. In order to place a bet for Real Money Play, You will need to deposit funds using a payment method that is offered via your account lobby. You must be the Account holder of any and all payment methods registered to the Account. Nektan does not accept business credit cards. Nektan will not charge any fee for any deposits or withdrawals, however we may operate a minimum deposit and withdrawal amount, with one withdrawal per 24 hours permitted. Outside of this it is Your responsibility to check whether Your Bank or credit card company charge You any fees.
7.6. As part of our responsible gaming policy, you can request a daily, weekly or monthly deposit limit on Your Account for any 24 hour period. The deposit limit may be revised at any time but any increase or decrease of the limit will be subject to a waiting period of 24 hours from time of request. You can set your limits either by contacting customer services or from within your gaming account
7.7. Debit and Credit cards: Deposits are processed instantly and there are no transaction costs charged by Nektan. We always recommend that you check with your Card Issuers, to ensure you are aware of any charges levied by them. Deposits made via MasterCard Credit or Debit cards will be subject to online verification by the 3DSecure code service. Initial deposits via Visa will be subject to online verification by the Verified By Visa service (VBV). The minimum deposit is either £5 or £10 dependent on your casino of choice, which is displayed both at first deposit or via the sign up bonus, with the maximum deposit being £10,000 per 24 hour period.
Debit and Credit cards: Withdrawals can take up to 48 hours (2 working days) for funds to be credited back to you, this is wholly dependent on your card issuer. The minimum withdrawal amount is £20 with the maximum daily amount being £2,000. Any increase to this should be agreed by request to customer services.
Skrill One Tap: (formerly known as Money Bookers) Deposits are instantly credited to your Nektan gaming account. The minimum deposit is either £5 or £10 dependent on your casino of choice, which is displayed both at first deposit or via the sign up bonus, with the maximum deposit being £10,000 per 24 hour period.
Skrill One Tap: Withdrawals to your skill account are instant; the minimum amount permitted is £20, with the maximum daily amount being £2,000 per 24 hour period unless previously agreed with Nektan. For security reasons players may only withdraw funds to their skill account if these are directly connected to deposits made from their skill accounts.
For more information on setting up your Skrill account go to https://www.skrill.com/en/ or go to our FAQ section
NETeller: provides a fast and secure way to transfer cash online. It provides same-day payments and almost instant cash transfers. You pay no charges for your transfers, making it fast, easy and free.
Step 1 : Opening your NETeller account
Simply log on to the NETeller website (insert url) and complete the registration process.
You will receive a 12-digit NETeller (1-Pay) Account ID and also a NETeller Secure ID. The Secure ID adds another layer of security to the deposit process.
Step 2 : Registering your details
When you have your new NETeller account details, you will then need choose a way of putting money into your NETeller account. You can use a credit card or use the NETeller ‘Instacash’ system to deposit and withdraw using your bank account directly.
Step 3 : Depositing your funds
Deposit your money into your NETeller account and then log on to your Nektan casino account and follow the on-screen instructions to transfer your funds instantly to your casino
Rules For NETeller deposits:
All payments from and to your credit card are made by NETeller therefore all such queries should initially be directed to them.
All money from a NETeller account must be paid back to the same NETeller account when withdrawing.
All deposits must be made from a NETeller account with the same account name and details registered on your casino account
Boku: Boku is a quick and easy way to deposit via your mobile device. Your deposit is charged directly to your mobile telephone bill by using your mobile number, which is required on your first Boku deposit. All subsequent deposits will only require you to enter your deposit amount and submit the payment, after which your balance will be automatically updated. Boku deposits are done in increments of £5. The minimum deposit is either £5 or £10 dependent on your casino of choice, which is displayed both at first deposit and via the sign up bonus, with a maximum of £30 a day. Boku is only live with 02, Vodafone, 3 & EE. Boku will not work if Virgin is your mobile phone service provider. Withdrawals will be either via bank transfer or to an alternative payment option, you should be aware that Boku does not allow withdrawals back to your mobile provider. We may require you to register a different payment option to allow for a withdrawal should you not want to use the bank transfer option.
Paysafecard: When depositing with Paysafecard, neither a bank account nor a credit card is needed. You will need to find your local sales outlet with the search feature. A paysafe card is available in the following amounts: 10, 25, 50, 75 or 100 GBP. Pay online with Paysafecard by simply entering the 16-digit Paysafecard PIN.
Withdrawals will be made via Payouts to my Paysafecard. Completing the free sign-up process opens your my Paysafecard account. The email address used for your my Paysafecard account must be the same as used for your Casino account registration.
|~||Min||Max Daily||Max per txn||Min||Max Daily||Max per txn|
7.7. By depositing funds, You agree not to make any charge-backs, reversals or otherwise cancel any deposits that have been made or intended for Nektan, and if any such event should occur, to refund and compensate Nektan for such unpaid deposits including any expenses incurred by Nektan in the process of collecting Your deposit.
7.8. You hereby declare and warrant that the money You deposit into Your Account(s) does not originate from any illegal activity or source.
7.9. We, in our absolute discretion and without giving reason, reserve the right to refuse to accept any type of payment presented to us irrespective of whether we have previously accepted such payment type from You or would usually accept that payment type from any player. No transaction is accepted by Nektan until Nektan has confirmed to You via on-screen messages that the transaction has been accepted. If You are in doubt as to whether the transaction has been accepted successfully, You should contact Customer Support. Once confirmation of acceptance has been given by Nektan, You cannot cancel the transaction unless Nektan agrees otherwise.
7.10. You may withdraw funds at any time provided that You have registered Your payment details and provided that all necessary verification checks have been completed to Nektans satisfaction. In order for Your payment details to be registered You need to have made an accepted deposit into Your Account. Nektan normally processes withdrawals on request. However, if Nektans attempts to verify Your details are inconclusive, the process may take longer and further documentation may be requested from You. Nektan cannot accept liability for the processing times of Your payment provider or bank.
7.11. The maximum pay-out on our games is £250,000.
7.12. In line with AML regulations, withdrawals must go back to the same payment option used to deposit. Where more than one payment option is used to deposit, Nektan reserves the right to cancel or redirect withdrawals to the correct payment option. Players will be informed via email if this is the case.
7.13. Any form of inter-account transfer is strictly prohibited.
7.14. In the event that Nektan incorrectly credits Your Account(s) with winnings that do not belong to You, whether due to a technical, human or other type of error, the funds will remain the property of Nektan and the amount will be transferred from Your Account(s). If prior to Nektan becoming aware of the error, You have withdrawn funds that do not belong to You, without prejudice to other remedies and actions that may be available at law, the incorrectly paid amount will constitute a debt owed by You to Nektan. In the event of an incorrect crediting, You are obliged to notify Nektan immediately by contacting Customer Support.
7.15. Nektan employees are unable to place any bets on Your behalf.
7.16. In line with section 7.7 through 7.15 Nektan is duty bound by regulatory requirements to perform various checks and points of verification, which may also require the production of your ID documentation and incur administration delays prior to the processing of any withdrawal.
8. FRAUD, CHEATING, COLLUSION AND CRIMINAL ACTIVITIES
8.1. Nektan reserves the right to seek criminal and contractual sanctions against You (such as withholding any money in Your Account) if You are involved in confirmed or suspected fraud, cheating, collusion and/or criminal acts and will make such reports as necessary to the relevant authorities.
8.2. You shall indemnify and shall be liable to pay Nektan, on demand, all costs, charges or losses sustained or incurred by Nektan (including any direct, indirect or consequential losses, loss of profit and loss of reputation) arising directly or indirectly from Your fraud, dishonesty or criminal actions.
9. CLOSING YOUR ACCOUNT
9.1 You are permitted to close Your Account at any time. All requests must be made via email clearly stating that You want to close Your Account and must include Your username, D.O.B, postal address and the reason why You have come to this decision. You will be able to re-open Your Account at any time by contacting Customer Support. You should allow for up to 72 hours for these requests to be processed. Once the closure has been executed, You will be sent a confirmation email.
10. DORMANT ACCOUNTS
10.1. If You do not use Your Account to play Real Money Play or Free To Play for a period of 6 consecutive months, such Account shall be deemed to be dormant (“Dormant Account”). Nektan will notify You at least 14 days prior to Your Account becoming dormant, via the email address that You registered on Your Account. Nektan reserves the right to retain any positive balance existing on a Dormant Account. You may reactivate Your Dormant Account simply by emailing our Customer Support team. Nektan reserves the right to impose reasonable administrative charges on Dormant Accounts, which will be subtracted from any unused balance.
11. SERVICE, SOFTWARE AND CONNECTION FAULTS
11.1 You agree that use of the Service is done at Your own risk.
11.2. Due to the inherent nature of the internet, third party disconnections may occur during game play. Nektan will not be held responsible for any financial loss caused by a loss of connection to Nektan servers or lag in Your internet or network connection whilst accessing the Service or playing Nektan games.
11.3. Nektan shall not be held responsible for any viruses, bugs, errors or defects in any of the games on the Service, any Content on the Service, systems, software or services which affects Your enjoyment of the service or causes any damage or loss to Your system or other personal property as a result of Your use of the Service, the games and services available on the Service. Should this occur, You must report this immediately to Customer Support . Should it be found that You have knowingly profited from a fault in the system or in a game, Nektan reserve the right to void all winnings.
11.4. If a gambling transaction is interrupted due to a failure in Nektans equipment in such a manner as to prevent You from continuing with the gambling transaction, the bets will be voided and Nektan will refund any amount staked by You in respect of the gambling transaction in question or, if possible, ensure that the gambling transaction is resumed. This does not apply to third party disconnections such as network operators or internet service providers,
11.5. Incomplete games need to be completed before You may participate in a new game. In any event all incomplete games will be automatically settled after 30 days.
11.6. Nektan will not make any changes to the rules, pay-outs or outcome probabilities to its games in a live environment or without informing its players prior to further game play after any such change
12. CUSTOMER DISPUTES
12.1. Nektan aims to provide all customers with excellent customer service and will endeavour to respond to all queries fairly and efficiently. On occasions, Your query may require further in-depth investigation involving other departments or game suppliers. In these circumstances Nektan will attempt to resolve Your query as soon as possible.
12.2. On occasions Nektan understands that you may not be fully satisfied with the service You have received or the outcome of Nektans investigation. On these occasions You will be able to email Your complaint in full to the Customer Support Manager. You understand and agree that all decisions made by the Customer Support Manager are final.
12.3. Customers who are dissatisfied with the outcome of a complaint and subsequent decision of the Customer Support Manager, may raise the matter with the Gibraltar Gambling Commissioner. For further information on how to contact the Gambling Commissioner, please refer to the gambling section of the Government of Gibraltar website (www.gibraltar.gov.gi/remotegambling).
12.4. Alternatively, if you have a betting or account transaction dispute, which you believe that Nektan has not satisfactorily resolved, you can approach IBAS (The Independent Betting Adjudication Service). IBAS is a third party organisation offering independent adjudication in relation to betting and gaming disputes.
You may submit an IBAS adjudication form here or contact IBAS firstname.lastname@example.org
13. RESPONSIBLE GAMBLING
13.1. Nektan offers a variety of facilities to help You control Your gambling activity such as cooling off period, self-exclusion, deposit limits and transaction history.
13.2. By requesting a cooling off period on Your Account(s), You will be unable to access Your Account(s) for the length of time requested, from 1 week up to 6 months (please see our Responsible Gaming section for further information). Nektan will take reasonable measures to prevent any marketing material from being sent out to You during the cooling off period. Should You wish to reinstate Your Account(s) prior to the conclusion of the cooling off period, please contact our Customer Support team via email. The cooling off period will come in to affect for all accounts registered to you.
13.3. If You would like to close Your Account(s) You can self-exclude by contacting customer support. By self-excluding, You will be unable to access Your Account(s) for a minimum period of between 6 months and a maximum period of 5 years or permanently. During this period of self-exclusion, Nektan will take reasonable measures to prevent any marketing material from being sent out to You. You will not be able to reinstate any of Your Account(s) during the period of self-exclusion. A request for self-exclusion on any of your accounts will mean all accounts registered to you.
13.4. You accept that Nektan has no responsibility or liability whatsoever if You continue gambling and/or seek to use the Service and Nektan fails to recognise or determine that You have requested self-exclusion or cooling off in circumstances that are beyond Nektans reasonable control. For example, including but not limited to, You opening a new Account or using a different name or address.
13.5. For full information about responsible gambling, please see Nektans Responsible Gambling Policy.
14. BONUSES AND PROMOTIONS
14.1. In line with marketing campaigns, promotions will be made available to Real Money and Free Play customers.
4.2. From time to time, we may offer You bonus amounts to be credited into Your Account. Bonuses shall be credited once the qualifying criteria and any special terms and conditions have been met.
14.3. Every Nektan bonus and promotion will carry its own specific terms and conditions. These will be made available separately and may vary depending on the casino of your choice and the type of bonus or promotion. The terms and conditions currently in force for each of the active bonuses and promotions can be found in the lobby of the relevant casino. In the event of any conflict between these Terms and Conditions and any bonus and/or promotions terms and conditions, the latter shall prevail.
14.4. Bonuses all carry a wagering requirement specific to its terms and conditions. Bonus conversion may also be capped, players should ensure they are fully aware of these specifics before taking advantage of these offers. Bonus funds will convert automatically, once wagering is completed. Wagers on Blackjack and roulette do not contribute to the reduction of the wagering requirement of bonus balances.
14.5. The use of bonuses is subject to Nektans investigation in to irregular playing patterns. To ensure fair play and the correct use of bonuses, Nektan consider low margin betting, equal betting, zero risk bets or hedge betting to be irregular gaming when used to exploit bonuses. Further examples of irregular playing patterns also include, but are not limited to: (info) placing single or multiple bets of a value of fifty percent or more of the bonus on any single game , individual hand, or round, building a balance and significantly changing play patterns for example bet size, game types and bet structures etc. In order to meet the bonus release requirement; (ii) placing large bets which result in a substantial gain followed and by a drop in bet size equal to or more than 65% of the previous average bet size until the bonus release requirements have been met; (iii) if We have good grounds to suspect that you have sought to create unreasonable advantage using a bonus offered by Nektan. In the event that Nektan deems that an irregular playing pattern has taken place, we reserve the right to prevent you from withdrawing Account funds and/or withhold any of your winnings derived from your use of the bonus. All bonus offers must be completed within 28 days (unless otherwise specified) of being awarded (stacked bonuses included) Bonus offers, unused bonus funds and linked winnings will be forfeited after this period.
14.6. Real money (cash) does not contribute towards the bonus wagering requirements, where a player has both a real money and bonus balance then the real money balance is used for game play
14.7. When a bonus is activated and followed by subsequent real money deposits, contribution to the bonus will be halted and resume once the real money balance is at zero
14.8. Once activated your bonus remains valid whilst your account is active. Should your account become dormant, you will forfeit all bonus entitlement.
14.9. Where a customer requests a withdrawal or transfer out of their gaming account, prior to the necessary wagering requirement being met, they will lose all bonus and winnings attributable to the account. Only the sum of the original deposit or remaining balance of the original deposit will be withdrawable.
14.10. Where any term of the offer or promotion is breached or there is any evidence of a series of bets placed by a customer or group of customers, which due to a deposit bonus, enhanced payments, free bets or any other promotional offer results in guaranteed customer profits irrespective of the outcome, whether individually or as part of a group, Management reserves the right to reclaim the bonus element of such bets. We further reserve the right to ask any customer to provide sufficient documentation for us to be satisfied in our absolute discretion as to the customer’s identity prior to us crediting any bonus, free bet or offer to their account.
14.11. All such offers are intended for recreational players and Management may in its sole discretion limit the eligibility of customers to participate in all or part of any promotion.
14.12. All customer offers are limited to one per person, family, household address, email address, telephone number, same payment account number (e.g. debit or credit card, etc.), and shared computer, e.g. public library or workplace. We reserve the right to withdraw the availability of any offer or all offers to any customer or group of customers at any time and at our sole and absolute discretion. Offers only apply to customers who have made an actual/real money deposit
14.13.The maximum stake allowed for play with free bonus funds is £1 (defined as a bonus which is received without the player being required to make a deposit). Management reserves the right to void any winnings from accounts that have made bets with free bonus funds at stakes higher than £1. Players converting bonuses by using stakes higher than £1 will have their winnings voided.
14.14 The maximum withdrawal amount resulting from any Free Bonus (defined as a bonus which is received without the player being required to make a deposit) will be capped at £200 (even if the amount of winnings accrued by you utilising this bonus is in excess of this amount), any outstanding amounts will be deemed null and voided. Withdrawal requests linked to a Free Bonus will undergo an in depth investigation and any winnings over £200 attempted to withdraw will be voided.
14.15. Management reserves the right to amend, cancel, reclaim or refuse any promotion at its own discretion.
14.16. Management reserves the right to use first names, initial of last name, nicknames and/or country or town of residence in any promotional announcements, recipients of any promotional bonus and in other marketing activities, whether on the Service or elsewhere.
14.17. You may opt-out of receiving promotions and associated promotional communications by contacting customer support.
14.18. Employees, officers and directors of Nektan Ltd, its promotional or other agencies, licensees and licensors, service providers and any other associated or affiliated companies shall not be eligible for the promotion. The same terms shall apply to the direct families of such persons.
14.19. It is the player’s responsibility to ensure that, bonuses and promotional offers are managed correctly where several Nektan accounts are registered. Nektan takes no responsibility for incorrect depositing for the purpose of funding bonuses.
14.20. You may opt-out of receiving promotions and associated promotional communications by contacting customer support, at registration or from within your account dependent on the casino of your choice.
15. RESTRICTED TERRITORIES
15.1. Access to or use of this Service or any of the products offered via the Service may not be legal for some or all residents of or persons in certain jurisdictions. Nektan does not intend that the Service should be used for gaming/gambling or any other purposes by persons in jurisdictions in which such activities are illegal, including but not restricted to the United States of America
15.2. Nektan makes no representation or warranty with respect to the legality or otherwise of the access to and use of the Service, and the making of deposits or receipt of any winning from Your Account, regardless of whether the Service is accessible in any such restricted jurisdiction, or appears in the official language of any such jurisdiction. The Service does not constitute an offer, solicitation or invitation by Nektan for the use of or subscription to gambling or other services in any jurisdiction in which such activities are prohibited by law.
15.3. It is Your responsibility to ensure that the laws of the jurisdiction in which You are resident, entitle You to use the Service. If it becomes apparent to Nektan that You are in a jurisdiction in which the use of the Service is not legal, Nektan shall be entitled immediately to close Your Account, in which case any balance on the Account on the date of such closure will be refunded to You as soon as it is practicable for Nektan to do so. Participation in a game is void wherever prohibited by law.
16. ANTI-MONEY LAUNDERING
16.1. Nektan complies with the Gibraltar Crime (Money Laundering and Proceeds) Act 2007, the 3rd EU Anti-Money Laundering Directive and any other statute and regulations making provisions relating to money laundering which are applicable to Nektan.
17. INTELLECTUAL PROPERTY RIGHTS
17.1. All Service design, text, graphics, music, sound, photographs, video, the selection and arrangement thereof, software compilations, underlying source code, software and all other material contained within the Service are subject to copyright and other proprietary rights which are either owned by Nektan or used under licence from third party rights owners.
17.2. Under no circumstances shall the use of the Service grant to any user any interest in any intellectual property rights (for example copyright, know-how or trademarks) owned by Nektan or by any third party whatsoever.
17.3. You must not, nor must You allow any other person to copy, store, publish, rent, licence, sell, distribute, alter, add to, delete, remove or tamper with the Service or any part of it in any way or directly or indirectly disrupt or interfere (or attempt to disrupt or interfere) with the Service, other than in the course of viewing or using the Service in accordance with these Terms and Conditions.
17.4. All product and company names and logos mentioned on the website are the trade marks, service marks or trading names of their respective owners, including Nektan.. You agree not to display or use such logos, designs, trademarks and other distinctive brand features in any manner without prior written consent.
18. BREACH OF THE TERMS AND CONDITIONS
18.1. If You breach any provision of these Terms and Conditions or if Nektan has a reasonable ground to suspect that You have breached them, Nektan reserves the right to suspend, close, terminate, or not to open Your Account/s and withhold any money in Your Account (including any deposit). Upon Account suspension, contested funds will be retained by Nektan pending any legal process or investigation to determine their disposal. Any uncontested funds will be remitted to You on request, subject to Nektans identity and security checks.
18.2. If Nektan suspects that You are having problems with creditors or otherwise detrimental to the Nektan business, Nektan may suspend or terminate Your Account or cancel any bets at Nektans absolute discretion.
18.3. In addition to any other remedy available, if You materially breach any of the Terms and Conditions, Your winnings will be forfeited. In these circumstances Nektan may retain any positive balance then existing on Your Account.
18.4. You shall compensate Nektan in full for any claims, liabilities, costs, expenses (including legal fees) and any other charges that may arise as a result of Your breach of the Terms and Conditions or any breach by You or by any other person using Your Account (whether or not with Your permission) of any laws of any jurisdiction which is applicable to You or the Service.
19. LIMITATION OF NEKTANS LIABILITY
19.1. You access the Service and participate in the games at Your own risk. Nektan shall not be liable for any attempts by You to use the Service by methods, means or ways not intended by Nektan. The Service and the games are provided with all due reasonable skill and care and substantially as described in these Terms and Conditions. Nektan does not make any other promises or warranties regarding the Service or the products offered via the Service, which are provided without any warranties whatsoever, whether express or implied.
19.2. Nektan and its subsidiaries, affiliates, officers, directors, employees and agents shall not be liable to You in contract, tort (including negligence) or otherwise for any business losses, including but not limited to loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses arising out of these Terms and Conditions, Your use of the Service or Your participation in the games, even if such losses are foreseeable or if Nektan has been notified by You of the possibility of such losses. You specifically acknowledge that Nektan shall not be liable for content or the defamatory, offensive or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with You.
19.4. The amount of the bet from which the liability in question has arisen; and
19.5. Where monies paid by You into Your Account have been misplaced by us, the return of the same amount into Your Account.
19.6. Nothing in these Terms and Conditions shall exclude or limit Nektans liability for death or personal injury resulting from Nektans negligence or any liability to the extent the same may not be excluded or limited as a matter of law.
19.7. You shall compensate Nektan in full for any claims, liabilities, costs, expenses (including legal fees) and any other charges that may arise as a result of Your use of the Service or Your participation in the games, including but not limited to Your violation of any third party right such as any copyright, property or privacy right, or any claim that Your Content caused damage to a third party. This indemnification obligation shall survive these Terms and Conditions and Your use of the Service.
20. EVENTS OUTSIDE NEKTANS CONTROL
20.1. Nektan will not be liable for any failure to perform, or delay in performance of, any of Nektan obligations under the Terms and Conditions if it is caused by an event beyond Nektans reasonable control, including acts of God, internet failures, telecommunication equipment or other equipment failures, electrical power failures, fire, lightning, explosion, war, flood, industrial disputes, sabotage, severe weather, or acts of local or central Government or other competent authorities.
21.1. Nektan reserves the right to assign or otherwise lawfully transfer the agreement with You in whole or in part to any person without Your consent. You may not assign, sublicense or otherwise transfer in any manner whatsoever any of Your rights or obligations under these Terms and Conditions.
22.1. If these Terms and Conditions are translated into another language, the English language version will prevail in the event of any conflict between the translation and the English language version.
23.1. If any of the Terms and Conditions is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law. In such cases, the part deemed invalid or unenforceable shall be amended in a manner consistent with the applicable law to reflect, as closely as possible, Nektans original intent.
24. GOVERNING LAW
24. 1. These Terms and Conditions and the agreement between You and Nektan shall be governed and interpreted in all respects in accordance with the laws of Gibraltar. The courts of Gibraltar shall have non-exclusive jurisdiction to resolve any dispute or claim relating to these Terms and Conditions and the agreement between You and Nektan.
As a customer of Nektan, we have certain obligations to you regarding the management and process of your personal information under the Gibraltar Data Protection Act 2004 under which Nektan is registered with the Gibraltar Regulatory Authority.
Information collected and how it is used
“Personal Information” is any information about you from which you can be personally identified, such as name, address, email address, date of birth and phone number. Personal Information also includes details on betting and transactions as well as correspondence history with our team.
Personal Information is collected at the time of your registration on the Service along with other information we learn from your use of the Service, as well as by our communication with you.
The information we collect from you is used to fulfil our contractual obligations to you, and for the following purposes:
Creating, managing or reactivating your account.
Building an accurate customer profile.
Creating and informing you of promotional and other marketing campaigns (provided that you do not “opt out” from this option).
Verifying your identity as the account holder.
Investigating suspected unlawful, fraudulent or other improper activity connected with the use of the Websites.
Reporting a crime or suspected crime, including money laundering or any fraud.
Complying with all legal and regulatory obligations
For the purposes mentioned above we may disclose (and you agree that we may do so) your Personal Information to third parties including but not limited to partner companies and sub-contractors who provide services which are requested of us under our agreement or by law, such as identification validation checks. We will only provide those companies with the Personal Information they need in order to deliver the service in question. By registering an account with Nektan, you consent to such services and identification validation checks being performed. In performing identification validation checks, Personal Information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected.
Overseas transfers of personal information
Given that the Internet is a global environment, using the Internet to collect and process Personal Information necessarily involves the transmission of data on an international basis. Some of the data processors engaged to process Personal Information may be based outside of the European Economic Area and your Personal Information may be transferred outside of that area in order for us to fulfil our contractual obligations to you. In this case Nektan will ensure an adequate level of protection for the rights and freedoms of data protection in relation to the processing of your personal data. Therefore, by providing us with your Personal Information in accordance with the above, you acknowledge and agree to our processing of your Personal Information in this way. We use a variety of security technologies to help protect your Personal Information from unauthorised use, access or disclosure. Whilst information travels on the Internet, all Personal Information is encrypted using SSL technology. SSL is a special mechanism that automatically encrypts any information sent by you on our secure pages
Retention of information
It is Nektans policy to hold your Personal Information for a period of at least 5 years after your relationship with Nektan ends.
What is a Cookie?
Cookies are small text files containing small amounts of information which are sent to and stored on your computer, smartphone or other device when you access a website. Cookies are then sent back to the originating website on each subsequent visit or to another website that recognises that cookie. Cookies are useful because they allow a website to recognise a user’s device.
Cookies are used on the website for a number of reasons. This includes, but is not limited to, the following: (I) to allow users to log on to their account; (II) to allow users to choose log-in preferences; (III) to monitor and collect information about transactions placed on the website; and (IV) for fraud prevention purposes and generally to safeguard privacy.
Analysis – these cookies allow us to recognise and count the number of users and to see how users move around our website when they are using it. This helps us to improve the way our website works.
Functionality – these cookies store information which enables us to remember user preferences e.g. sort types and media settings. They are also used to improve users’ experience by, for example, stopping users from being shown the same message twice.
Fraud Prevention – these cookies store information which helps us stop fraudulent use of our website.
Session Management – these cookies are essential to enable use of our website, they manage session information and enable users to navigate through the website.
Tracking – these cookies enable us to store information about how users landed on our website. We need to record this so that we can appropriately pay our Affiliates.
Nektan might, from time to time, use carefully selected third party tracking and/or analytical cookies to assist in improving the website and services for users. Where links are provided on the website to third party websites it is important to remember that those websites will have their own cookies and privacy policies which will govern any information you may submit. If you decide to use any linked third party websites please read their cookies and privacy policies before doing so.
If you want to delete any cookies already stored on your device or stop the cookies that keep track of your browsing patterns on the website, you can do so by deleting your existing cookies and/or altering your browser’s privacy settings (the process you follow will differ from browser to browser).
Please note that deleting our cookies or disabling our future cookies means that you may not be able to access certain areas or features of our website. For example, if your browser is set to disable ‘session’ cookies, you won’t be able to log on to your Nektan account.
Subject access request (SAR) and updating your personal information
While the Service may contain links to websites operated by parties other than Nektan and/or its affiliate companies, we are not responsible for the privacy practises or content of any such third party websites.
Nektan reserves the right to modify this policy at any time and upon any such material change we will notify you as soon as practicable. We will then seek any additional consent that may be required.
If you have any further questions, please contact us by post at:
Nektan (Gibraltar) Ltd. 2/1 Waterport Place 2 Europort Avenue Gibraltar
Effective Date 2nd December 2015