You, the player; and Ålands Penningautomatförening, the gambling provider, ("PAF").
Recital
You wish to gamble using gambling services provided by PAF, who in turn procure certain software and other ancillary services from 3G Scene Ltd for the purposes of enabling PAF to provide gambling services. Such services are provided subject to the following terms and conditions.
PAF is a Finland-based gaming-for-welfare association that organises the games. Gaming means, unless otherwise specifically set out, Aces Royal™ gaming services on the internet using 3G Scene Ltd software, whether accessed from a computer or mobile phone.
The gaming is administered on the Åland Islands, which form an autonomous province of Finland. Each game is received, approved and conducted on the Åland Islands. All play assumes that the player has been registered and approved as a player at PAF.FI and deposited funds intended for gaming on PAF.FI's account by and on behalf of the player. These terms and conditions form the basis for the agreement between PAF.FI and the player for the purposes of gaming.
Rights and obligations may not be transferred, unless otherwise explicitly stipulated in this agreement. Each time a gaming customer logs into an Aces Royal™ game with the player's personal nickname and password, the player therewith confirms acceptance of all terms and conditions in this agreement at that time and all general gaming as well as game specific rules set out on www.aces-royal.com from time to time.
The channels (usually cellular network operators) that promote Aces Royal™ and the gambling service provider and such parties as are selected by the above for audit purposes are allowed to and do audit all Aces Royal™ systems from time to time as agreed by the parties. 3G Scene Ltd makes best efforts at all times to maintain high systems assurance and compliance with applicable legislation, including but not limited to Random Number Generator (RNG) verification.
1. Commencement, term and core commitments
1.1 These terms and conditions shall commence when you register for play on the gambling service, and end when either party terminates this agreement.
1.2 Each Party warrants and represents that it has full power and authority to enter into and perform its obligations under this Contract.
1.3 Regardless of whether the player arrives at the gambling after an age verification process or not, the parties agree that the player must be over 18 to register with the service, and acknowledge that PAF will use additional methods to verify that the player is over 18 years of age.
2.1 Aces Royal;#153; Casino means the Aces Royal™ branded service offered by PAF using 3G Scene Ltd software.
2.2 A suspended account means that funds can temporarily not be used for gaming. The decision to suspend an account is taken by the player.
2.3 A locked account means that gaming temporarily cannot be performed by the player. The decision is taken by the player, PAF or automatically by the Aces Royal™ gambling system.
2.4 The parties acknowledge acceptance of responsible gaming payment limits:
2.4.1 The maximum total deposit during any 24 hour period is GBP 350.00;
2.4.2 The maximum total deposit during any one-week period is GBP 650.00;
2.4.3 The maximum number of deposit transactions during any 24 hour period is 10;
2.4.4 The maximum total withdrawals during any 24 hour period is GBP 70.00;
2.4.5 The maximum total withdrawals during any one-week period is GBP 200.00;
2.4.6 The maximum number of withdrawal transactions during any 24 hour period is 2.
2.5 Pricing is indicated within the gaming service and/or on this web site. PAF maintains the right to change the pricing from time to time. Notice of changes is made by changes in the pricing indicated within the gaming service and/or on this web site. Pricing changes may also be new tariff items, and such new tariff items may be communicated directly to the affected players. Notices are deemed served within 7 days of being sent to the email address most recently provided by the player to PAF;
2.6 If the player does not accept new tariffs, then the player shall in writing give notice of termination of the Agreement and not play as of serving such notice. Further play by the player shall be deemed as acceptance of the new tariffs by the player;
2.7 All costs related to communication between 3G-Scene, PAF.FI and a player remain the sole responsibility of the player, and 3G Scene Ltd and PAF.FI reserve the right to levy fees for such communication;
2.8 Winnings and eventual refunds of deposits or fees are noted automatically on the players account. Casino winnings are noted on the players account promptly after exiting active casino gaming.
3.1.1 a valid gambling licence is maintained for the purposes of the gambling services;
3.1.2 that PAF shall not make any additional gambling services available to players nor contact players in any manner without the prior written consent of 3G Scene Ltd;
3.1.3 all of the equipment that is used for the purposes of providing the gambling services is situated in an EEA country (the "Relevant Country") and is operated by PAF;
3.1.4 the Relevant Country has implemented legislation to regulate gambling services, including the gambling services;
3.1.5 it has obtained a gambling licence to offer the gambling services and shall comply with the conditions attached to the gambling licence at all times;
3.1.6 it will provide the gambling services using 3G Scene Ltd's software subject to the Terms and Conditions;
3.1.7 it will decide whether to terminate an account that has no associated transactions during an uninterrupted period of 24 months, and the parties accept that PAF has the right to terminate an account under such conditions.
3.2.1 the player is over 18 and has the means to gamble;
3.2.2 the player is not a compulsive player;
3.2.3 all play and all transactions are performed in a generally accepted fair manner;
3.2.4 the player is a physical person with a bank account in Europe;
3.2.5 the player accepts responsibility for adhering to all applicable local legislation and rules as set out by national or local authorities from time to time;
3.2.6 registration details are correct. Registration is tedious but essential to enable PAF to safe-guard and provide your funds correctly even of you forget some login details. You provide your nickname, password and a security code as a part of your registration. These codes are valid as of reading the terms and conditions set out on this web site and in this Agreement, as confirmed by completing the registration process. The player accepts that the player is solely responsible for maintaining the confidentiality of the player's account details, including but not limited to the nickname and password, and shall store account details in such a manner that outside persons cannot gain access to them. The player is responsible for immediately contacting Aces Royal™ Customer Services if there is a risk that the player's nickname or password may be compromised in any way. Please contact Aces Royal™ 's customer services or email customer services at aces-royal.com if you suspect anything. PAF reserves the right to temporarily lock the account under such conditions. The player remains fully responsible for all play based on the player's nickname and password until such locking of the player's account. PAF reserves the right to inactivate a player's nickname and password at any time;
3.2.7 the information provided by the player at registration is correct, and will remain maintained correctly by the player over time. Changes in the player's name must be submitted to customer services at Aces Royal™ in writing promptly;
3.2.8 the player accepts that the player is not entitled to any interest in deposited funds and will be paid no interest on deposited funds;
3.2.9 the player will not use funds on a player's account as a basis for obtaining any form of credit or exchange rate speculation. PAF reserves the right to return funds to players at the original exchange rate if PAF has reasonable suspicion that the intent of the player's transactions has been primarily to speculate on exchange rates or for any other purposes than to participate in the games;
3.2.10 the player accepts responsibility for controlling that the transactions on the account match the player's actions within 24 hours of gaming. Transactions can be queried at any time. Claims and requests to refute a transaction shall be made within 24 hours of the transaction in question. Failure to query or refute a transaction with 24 hours leads to the transaction being deemed valid and irrevocable. PAF provides neither evidence nor receipts of individual transactions related to the account. All transactions are accounted for electronically within the service itself;
3.2.11 the player accepts that all data submitted to Aces Royal™ under the PAF.FI licence by the player will be registered and stored in Aces Royal™ 's systems for internet gaming as long as the customer relationship continues. The player accepts that all data will be made available to only to PAF's operating partner 3G Scene Ltd for the purposes of play analysis, market research and marketing. The nature of the data stored is directly related to internet and mobile phone based gaming;
3.2.12 the account will be used by the player only. Successful registration means requesting that a gaming account for the player is opened at PAF under these terms and conditions. PAF will open an account when requested as long as the requirements are met and reserves the right to decline account opening for any reason. The account is intended for administering the player's funds, play and fees, as well as wagers, refunds, winning payments, cash-outs and eventual service fees for the duration of the agreement;
3.2.13 the player accepts that all bank transfer related fees and taxes directly related to the player may be born by the player. At this time, no such fees are levied. PAF reserves the right to impose such fees at any time without notice. The player accepts that a service charge may be levied for any additional account related services that the player may request from time to time;
3.2.14 the player accepts that 3G Scene Ltdmay contact the player at any time using any of the contact information provided by the player;
3.2.15 the player accepts responsibility for the adequacy of the player's hardware or software environment for gaming, and any communications related issues the player may experience when gaming. All data and telephone communication between the player and PAF is at the player?s sole risk. The player accepts that the player will make no claims for any damages including consequential damages howsoever caused by the service, hardware, software or communications. The player accepts that PAF reserves the right to disconnect players that are equipped in a manner that is unsuitable for the service as set out by 3G Scene Ltd from time to time. The player is liable for all communications related costs.
3.2.16 the player accepts that 3G Scene Ltd and PAF.FI are not responsible for:
3.2.16.1 support of software or any accessories, attachments, machines, systems or other items;
3.2.16.2 rectification of lost or corrupt data or programs arising for any reason;
3.2.16.3 support of any software;
3.2.16.4 diagnosis and/or rectification of potential Malfunctions or actual faults;
3.2.16.5 corrections or data corruptions caused by third party software or software written by the player, the player's agents or sub-Contractors. 3G Scene Ltd and PAF.FI provide no warranty or guarantee as to the suitability or quality of any goods or services supplied and the player acknowledges that he has sole responsibility for the selection of them. Except as expressly provided in this Agreement, all conditions, representations and warranties (express or implied, statutory or otherwise) are excluded to the fullest extent permitted by law including without limitation any implied warranties or conditions as to quality or fitness for purpose.
3.2.17 The player accepts that 3G Scene Ltd and PAF.FI will not be liable for the following loss or damage howsoever caused and even if foreseeable:
3.2.17.1 economic loss, which term shall include loss of profits, loss of use of profits, business, revenue, goodwill or anticipated savings;
3.2.17.2 loss of, damage to or the cost of replacement, recovery or reconstruction of the player's or a third party's documents, tapes, records, information or other data on any media;
3.2.17.3 special, indirect or consequential loss;
3.2.17.4 loss arising from any claim made against the player by a third party;
3.2.17.5 loss or damage arising from the player?s failure to fulfil his responsibilities or any matter under the control of the player or a third party;
3.2.17.6 loss or damage arising from 3G Scene Ltd or PAF.FI acting in accordance with the instructions of the player, agents or third parties engaged by the player. Neither 3G Scene Ltd, PAF.FI nor the player shall be liable for any loss or damage caused by delay or failure to fulfil its obligations under this Agreement where such delay or failure is due to any cause beyond the control of the parties, as the case may be, including (without limitation) acts of God, war or warlike action, civil disorder, insurrections or riots, fire, storm, flood, explosions, earthquakes, epidemics or quarantine restrictions, sabotage, government disorders, priorities or regulations affecting materials or facilities, court orders, restrictions as a consequence of decision or view taken by any governmental body or similar, strikes actual or threatened, labour troubles causing cessation, slowdown or interruption of work, inability to obtain necessary governmental or regulatory authority approval, delay or cancellation of any commercial air service, or any cause to the extent it is beyond the parties? reasonable control;
3.2.18 the player accepts that 3G Scene Ltd reserves all rights to change the gaming service, including the general and specific game play rules without prior notice. Such changes may be communicated directly to the player, via this web site or via its associated wap site. 3G Scene Ltd maintains the right to change the terms of this Agreement at no prior notice. 3G Scene Ltd and PAF.FI may inform the player of such changes. The player is deemed to have been served notice of changes at the time of such communication being made available in these terms and conditions or sent to the player and upon use of the service after such notice has been provided. If the player does not accept the new terms and conditions, then the player shall in writing issue notice of termination of the Agreement;
3.2.19 the player accepts that 3G Scene Ltd and PAF.FI reserve all the rights to without notice with immediate effect lock a customer's account or terminate a customer relationship if:
3.2.19.1 a player breaks these terms and conditions or Aces Royal™ gaming rules, or:
3.2.19.2 a player's funds are insufficient for the proposed gaming;
3.2.19.3 3G Scene Ltd or PAF.FI suspect that access to the account may not be by an authorized person;
3.2.19.4 3G Scene Ltd or PAF.FI has reason to suspect any crime or abuse in relation to the player and/or account;
3.2.19.5 Legal requirements require such locking or termination;
3.2.19.6 Security, disrepute or other reason deemed reasonable by 3G Scene Ltd or PAF.FI.
3.2.20 the player will not use the gambling service for money laundering related purposes. Money laundering is a term usually used to describe the ways in which criminals process illegal or "dirty" money derived from the proceeds of any illegal activity through a succession of transfers and deals until the source of the illegally acquired funds is obscured and the money takes on the appearance of legitimate or "clean" funds or assets. The UK Money Laundering Regulations 2003 brought casinos into the regulated sector. Like other parts of the regulated sector, casinos are required to put in place procedures to identify their customers, which PAF has done. Casinos are also required to obtain satisfactory evidence of identity of their customers before allowing them to use the casino's gaming facilities. Again, this has been implemented by PAF. Typically, the money launderer makes frequent high-stake bets at very low odds, resulting in minimal profit or an overall loss. Due to this and for responsible gambling reasons, Aces Royal™ does not accept high stakes. The Gambling Commission has the right to access UK player records at Aces Royal™ to verify the above. If PAF or 3G Scene Ltd at their sole discretion judge that a player is responsible for money laundering, then PAF has the right to suspend the player's account for a period of time set out by PAF, and to confiscate related funds if the player cannot convince PAF that the player has acted legally and in good faith as set out by PAF.
3.3.1 the gambling services comply with the guidelines and codes of practice set out on www.aces-royal.com from time to time, the law and the rights of any third parties;
3.3.2 the gambling services are compatible with the specified mobile phones;
3.3.3 3G Scene Ltd shall strictly comply with:
3.3.3.1 the notification requirements under the Data Protection Act (DPA);
3.3.3.2 the relevant data protection principles specified in the DPA;
3.3.3.3 the Telecommunications (Data Protection and Privacy) Regulations 1999;
3.3.3.4 3G Scene Ltd will make best efforts to ensure that all customer data will be treated confidentially. This confidentiality will only be superseded by legal requirements or decisions made by government representatives. Your privacy is important to 3G Scene Ltd and PAF.FI. Our business is based on your trust. Keeping your information secure, and using it only as you would wish us to use it, is a top priority for all of us at 3G Scene Ltd and PAF; and
3.3.3.5 any legislation and regulation in England and Wales implementing European Union Directives 97/66/EC and 2002/58/EC.
3.3.4 no personal data collected under these terms and conditions shall be transferred outside of the EEA;
3.3.5 all reasonable appropriate operational and technical processes in place to safeguard against any unauthorised access, loss, destruction, theft, use or disclosure of any personal data collected under these terms and conditions;
3.3.6 funds deposited by players are separately accounted for. 3G Scene Ltd and PAF.FI separate deposits from other funds and keep player deposits on a separate bank account. The player accepts that 3G Scene Ltd and PAF.FI store the deposited funds together with other players' funds and that separation is only provided by electronic accounting methods;
3.3.7 3G Scene Ltd will suspend or lock a player?s account if the player requests suspension or locking of the player's account for an arbitrary period of time. Excessive use of the suspend or lock account feature may at 3G Scene Ltd's sole discretion lead to termination of the customer relationship at any time. Suspension and locking services are provided during working hours as set out by 3G Scene Ltd from time to time;
3.3.8 the gambling services are provided in adherence with the code of conduct published on www.aces-royal.com from time to time;
3.3.9 the gaming service is open for play as set out by 3G Scene Ltd from time to time. The open times including but not limited to customer service and administrative functions are set out by Customer Service. Please contact Customer Service for details;
3.3.10 PAF complies with the responsible gaming recommendations set out by the Gambling Commission from time to time;
3.3.11 PAF complies with any codes of conduct issued by the Gambling Commission from time to time;
3.4 3G Scene Ltd and PAF warrant that they will make best efforts to:
3.4.1 safeguard, according to strict standards of security and confidentiality, any information you share with us;
3.4.2 limit the collection and use of information about you to the minimum we require to deliver a superior service;
3.4.3 permit only authorized personnel, who are trained in the proper handling of player information, to have access to that information;
3.4.4 maintain control over the confidentiality of our players? information;
3.4.5 require all associated organizations, if any, to adhere to our confidentiality rules as set out on this web site;
3.4.6 from time to time perform credit control, information verification and risk management functions with outside companies and organizations for some players;
3.4.7 attempt to keep player files up-to-date and accurate;
3.4.8 continuously assess ourselves to ensure that your privacy is respected;
3.4.9 the funds on the player's account are available for the player during the opening hours of the gaming service. Upon request by the player, 3G Scene Ltd and PAF.FI will action a transfer from the player's account to the player's bank account or credit card as a part or whole of the player's funds at the time of the transfer request, with deductions for eventual service fees, bank fees etc. as described above, subject to responsible gaming limitations set out on www.aces-royal.com. By default, this will be to the bank account that the player most recently registered at Aces Royal™ . Transfers are administered only during working hours set out by Aces Royal™ from time to time. Requests for transfers can be made at any time.
4.1 PAF and 3G Scene Ltd do not warrant that the service is fault free or that access to the service is fault free, due to constraints such as radio communications and operating systems.
4.2 PAF and 3G Scene Ltd shall have no liability for failures that arise in relation to technical fault or other failures, including but not limited to any failure or delay in transmission.
4.3 PAF may suspend the gambling services operation for the purposes of remedial or preventative maintenance and improvement and 3G Scene Ltd shall use all reasonable endeavours to keep such suspension to a minimum.
4.4 The parties agree that all intellectual property rights related to the gambling services remain in the sole ownership of 3G-Scene.
4.5 3G Scene Ltd reserves the right to lock any account that 3G Scene Ltd reasonably suspects may be in breach of these terms and conditions.
4.6 All rights to the gambling software and branding shall remain solely with 3G Scene Ltd.
6.1 Any party may terminate the relationship under these terms and conditions with immediate effect by giving written notice to the other party.
6.2 Termination of this Contract shall not affect the accrued rights and remedies of each Party. After waiting for eventual outstanding gaming to finish, 3G Scene Ltd closes the player's account and passes eventual funds to the bank account that the player most recently registered on the player's behalf by 3G-Scene.
7.1 Only the player and 3G Scene Ltd will have access to the players account details.
7.2 All and any personal data shall not be used for any marketing purposes without the prior written consent of 3G-Scene.
7.3 For the avoidance of doubt, no other company than 3G Scene Ltd shall acquire rights in any personal data collected pursuant to these terms and conditions.
8.1 All notices given under this Contract shall be in writing to such addresses as are made available on www.aces-royal.com from time to time.
8.2 Notices given in accordance with Clause 18.1 shall be deemed to have been duly given: when delivered, if delivered by messenger during normal business hours of the recipient; when sent, if transmitted by facsimile transmission (receipt confirmed and with a confirmation copy sent by post) during normal business hours of the recipient; or on the third business day following posting, if posted by first class or recorded post with postage pre-paid.
9.1 These terms and conditions shall be capable of being varied only by a written decision by 3G Scene Ltd signed by duly authorised representative of 3G Scene Ltd.
9.2 3G Scene Ltd shall be entitled at any time to make amendments and variations to these terms and conditions without the prior consent of the parties. Aces Royal™ is owned by 3G Scene Ltd.
9.3 These terms and conditions form that basis for the relationship between the player and PAF.
9.4 These terms and conditions are severable in that if any provision is determined to be illegal or unenforceable by any court of competent jurisdiction such provision shall be deemed to have been deleted without affecting the remaining provisions of these terms and conditions.
9.5 The failure to exercise or delay in exercising a right or remedy provided by these terms and conditions or by law does not constitute a waiver of the right or remedy or a waiver of other rights or remedies.
10.1 Contents of the gaming services and the web site are protected by national and international copyright acts and treaties. All reproduction or distribution of any material on the gaming service and the web site, including but not limited to, text, photographs, movies, music and computer programs is strictly prohibited, unless explicitly stated otherwise.
10.2 3G Scene Ltd reserves any rights not expressly granted herein.
10.3 PAF.FI's and 3G Scene Ltd's trade name and logotype and all related trademarks, product or service names and slogans are property of PAF.FI and 3G Scene Ltdrespectively and may not be used in any way without the prior written approval of PAF.FI or 3G Scene.
10.4 Player's access to the games shall not be construed as granting any license or right to use any trademarks or names appearing on the gaming service without the prior written consent of PAF.FI or 3G Scene Ltd respectively.
10.5 All intellectual property rights excluding the PAF.FI trademarks remain the exclusive property of 3G Scene Ltd. 3G Scene Ltd sets out the operating licence that relates to this service from time to time.
11.1 The parties acknowledge that the games are organised by PAF.FI.
11.2 The parties acknowledge that 3G Scene Ltd has a right to represent PAF at all times. 3G Scene Ltd is correspondingly authorised by PAF.FI to use, take or exercise all rights or measures as well as to fulfil any obligations with regard to PAF.FI according to this Agreement. For the sake of clarity, it is noted that 3G Scene Ltd is not a party to this Agreement and that it does not assume any responsibilities with regard to the player in relation to this Agreement unless otherwise set out by 3G Scene Ltd in writing.
11.3 The parties acknowledge that 3G Scene Ltd may request and in such cases PAF must novate or transfer its rights and obligations in respect of a player to 3G Scene Ltd or such a gambling provider as 3G Scene Ltd may name from time to time, and that PAF has no rights to such novate or transfer actions to any other party without the prior written approval of 3G-Scene.
11.4 If 3G Scene Ltd so requests in writing, PAF shall transfer (in a suitable electronic format and physically) any and all data held by PAF under these terms and conditions to 3G Scene Ltd, and delete or return to 3G Scene Ltd all data and other materials held by PAF in respect of the gambling service.
11.5 The parties acknowledge that the customer database (player database) ownership remains with 3G Scene Ltd throughout and beyond the term of these terms and conditions, and that the parties will take such steps as are required to maintain that status.
11.6 The parties acknowledge that 3G Scene Ltd has the right to replace the gambling provider as set out by 3G Scene Ltd from time to time.
11.7 Any message, request, demand, contact, inquiry or similar regarding these terms and conditions shall be directed to PAF.
12.1 This Agreement shall be subject to the laws of Finland and both parties irrevocably submit to the exclusive jurisdiction of the District Court of Aland.
12.2 All information on this web site and the associated web and wap sites is for guidance only. PAF and 3G Scene Ltd take neither direct nor indirect responsibility for any actions related to the Aces Royal™ and its web and wap sites.
Registration is tedious but essential to enable PAF to safe-guard and provide your funds correctly even of you forget some login details. You provide your nickname, password and a security code as a part of your registration. These codes are valid as of reading the terms and conditions set out on this web site and under these terms and conditions, as confirmed by completing the registration process. If we can help with anything related to the service, please contact Aces Royal Casino's customer services by phone or email