Terms and Conditions WinBay

Version 1.2

Last updated: 02.12.2024

General rules

Please read the Terms and Conditions below carefully before using our WinBay Casino Online website (hereinafter referred to as “the Website”). By using or accessing any section of the Website, you implicitly accept the following terms and conditions (hereinafter referred to as “the Terms”):

• Terms and conditions;
• Privacy Policy ;
• Cookie Notice ;
• The specific terms of advertising campaigns, Win Bay bonuses and special promotions offered on our website;
• The specific rules of the games available on our website, which you will have access to through said WinBay Casino games ;
• Other terms and conditions that you must accept in order to use certain sections and services available on our website.

1.2 If you do not agree with any of the terms, the terms of the advertising campaigns, bonuses, and special promotions will prevail over the other Terms.
1.3 If you disagree with any of our terms and refuse to comply with them, we ask that you refrain from opening an account or using any of the services we offer through our Website. If, on the other hand, you decide to continue using the Website, you will be implicitly accepting our Terms.
1.4 Unless otherwise stated, all references in the Terms to “we,” “us,” “our,” or “Company” refer to the company that operates the website, while references to “customer,” “your,” or “you” refer to the person using our website and accepting the Terms.
1.5 The binding version of the Terms is the original version written in English. All translations are provided for your convenience only. In the event of any discrepancy between the English version of the Terms and any other language version, the English version shall prevail. By accepting the Terms, you warrant that your knowledge of English is sufficient to fully understand them.
1.6 The Company provides access to games only through its network, which protects any sensitive information through encryption.

Regulatory requirements and limitations

2.1 You may only use the services provided on the Website if you have reached the legal age according to the regulations in your country and are at least 18 years old. By accepting the Terms, you warrant that
you comply with the aforementioned age restrictions; otherwise, you will immediately leave the Website.
2.2 The Company makes no warranties of any kind regarding your use of the Website,
particularly if gambling is prohibited, regulated, or unregulated in your country or region. It is your responsibility at all times to be aware of your country’s laws regarding online gambling and the use of the Website. Before proceeding to open an account on the Website and, subsequently, each time you use it, you must check the regulations in your country or region. By using this Website, you warrant that you are legally authorized to gamble online. If at any time online gambling becomes illegal or restricted in your region or country, you must immediately close your account and stop using the services offered on the Website.
2.3 Residents of the following countries (the “Excluded Countries and Regions”): Afghanistan, Belarus,
Bulgaria, Curacao, Cyprus, Denmark, Iran, Iraq, Israel, Lithuania, Malta, Republic of Moldova, Romania, Russia, North Korea, Netherlands, Sweden, Ukraine (including the territory of Crimea), United Kingdom and United States, Cote d’Ivoire, Armenia, Georgia, Netherlands Antilles are not entitled to open accounts on our Website or to fund their accounts. We reserve the right to change the list of Excluded Countries and Regions at our sole and absolute discretion and without prior notice. All such changes will be posted on our Website from time to time. It is your responsibility to check the Terms frequently to ensure that you are not located in any of the Excluded Countries or Regions. If you live or are located in one of these jurisdictions, you agree not to open and/or use your account on the Website, and to immediately close your account if you have previously opened one.
2.4 In addition to the excluded countries and regions mentioned above, please note that some of the software providers we work with on our website prohibit customers from certain jurisdictions from placing bets or using their respective software, as outlined in the “Additional Territorial Restrictions” section of these Terms. By accessing such software, you warrant that you are not a resident of such jurisdictions.

Your account

3.1 In order to enjoy our website and all its features, you must open an account.
3.2 Your account on the Website must be registered in your full and correct name. You may only open one account per person, per address, per telephone number/email, and per IP address. Any other account
you open on the Website will be considered a “Duplicate Account.” You must refrain from creating duplicate Accounts, including accounts with false names or other credentials. If you open or attempt
to open one or more duplicate Accounts, we reserve the right to close one or all of them without
compensation. You will also be subject to the following penalties:

• Any action taken through a duplicate Account will be considered invalid;
• Any promotion that a duplicate Account has subscribed to will be cancelled;
• All winnings obtained through a duplicate Account will be voided. Any withdrawals already made will be reversed, and the client must return the funds to the Company;
• Any duplicate Account will be closed without the option to reactivate it;

3.3 You must maintain the confidentiality of your username and password and not disclose this information to any third party. You are solely responsible for any actions and/or transactions performed using your account. Any third party accessing your account using the correct username and password will be considered you, and any transactions performed will therefore be valid. The Company is not liable if third parties access your account or for any loss related to unauthorized use thereof; any use of your account, whether authorized or unauthorized, will be considered your own use and will therefore be valid.

3.4 It is strictly prohibited to use another person’s username and password to access the
Website.
3.5 You must keep your account details up to date. You must notify us immediately of any changes to your registration details.
3.6 Closing Your Account: You may request the closure of your account at any time by emailing Customer Service at [email protected], subject to the following conditions:

• You can only close your account if you have no remaining balance (positive or negative) and no pending withdrawal requests.
• If you close your account with a positive balance and/or pending withdrawal requests, all funds in your account will be voided.

3.7 Self-Exclusion Request: You can contact WinBay Customer Service at [email protected] and we will assist you in closing your account. Furthermore, it is your responsibility to notify the Company of any other accounts you may have with us and to refrain from opening new accounts. The Company will not be liable for potential losses in other accounts, nor are we responsible for any loss or damage that may be caused by gambling.
3.8 We reserve the right to refuse to open an account or close an existing account without
prior notice or justification.

Your guarantees

4.1 By opening an account on the Website and using it, you warrant that:

• is acting on his own behalf;
• is a competent citizen and respects the law;
• you do not suffer from a gambling addiction, you are not using the Web under the influence of alcohol, drugs or other substances;
• All data and information you have provided during your registration on the Website are true and real, and you undertake to update said information in the event of any changes;
• You understand and accept the risk of monetary loss while using our services;
• You guarantee that you are not using money received illegally or from illicit sources;
• You warrant that you will not engage in fraudulent or collusive use, nor that you have any direct or indirect collusive intentions with another Web client;
• The credit/debit card or any other payment method you use to fund your account belongs to you; it is not stolen or lost. The company reserves the right to close any account and void any winnings if a breach is suspected.

4.2 By opening an account on this Website, you warrant that you have never previously registered an account on this platform, nor have you received money from an account that belonged to another person.

Verification of age, identity and others

5.1 You must provide us with all information we request to administer your account, verify your identity, or verify the source of funds deposited into your account. This includes (but is not limited to)
duly certified identification, proof of residence, proof of ownership, and transaction histories of the payment methods used, including bank or credit/debit card statements, etc.
5.2 The Company may, at its discretion, use any other appropriate procedures or additional means to verify your identity, age, residence, and other circumstances (KYC), both before and after you have made deposits and/or withdrawals to your account.
5.3 You must provide these documents and information within 30 (thirty) days of making the request. We reserve the right to withhold payment and/or suspend your account until you provide the documents and information we request, and to permanently close your account if you do not do so in time. We will generally verify your documents and information within 10 (ten) days of receiving a full response to our request; however, depending on the circumstances and complexity of a given case, additional time and/or verifications may be required to complete the verification.
5.4 We may use a reputable third-party provider to perform the Verifications on our behalf,
including authorized credit reference agencies, identity verification services, and/or fraud prevention software. Personal data may be provided to such third parties in accordance with our Privacy Policy.
5.5 By accepting these Terms and Conditions, you agree that we have the right to perform additional security checks to verify your account information and activity in accordance with applicable regulations and our security and anti-fraud procedures, by performing call/phone verifications, facial verification, or other necessary verifications to ensure that you are who you say you are.

Fraud, illegality and inappropriate use

6.1 This website may only be used for personal entertainment purposes. The following activities are strictly prohibited and will be considered a violation of the Terms and Conditions:

• use the Web for commercial purposes or on behalf of, or in the interest of, another person;
• Collusion with and among other clients or third parties. This includes, but is not limited to, playing into the interests of others, sharing information, cooperating, or coordinating with third parties;
• Using betting patterns or strategies that may be considered unfair, such as zero-margin, match-margin, or low-margin betting, as well as minimum-risk betting, hedging bets, or placing bets in a way that, in our opinion, is abusing the system, achieving a guaranteed profit, or minimizing risk;
• Engage in money laundering, terrorist financing, or any other criminal activity;
  threaten, harass, or abuse other customers or staff members;
• attempt to attack, gain unauthorized access to, or interfere with the operation of the Website, the servers on which it is stored, or any server, computer, or database connected to the Website, in an attempt to circumvent our security systems;
• attempt to copy, reverse engineer, decompile, modify, derive the source code or other
  information from any software connected to or used by the Website, or attempt to remove or obscure any proprietary notices from such software, or use it for any purpose other than
  personal entertainment;
• attempt to sell or transfer your account to other people or acquire other people’s accounts.

6.2 You agree not to damage the Website or its reputation.
6.3 We reserve the right to conduct game reviews/review customer activity periodically
to verify compliance with the Terms. If, upon such review, it appears that the customer is engaging in fraudulent schemes, exploiting any software or system bugs or glitches, or engaging in any form of activity that we, in our sole discretion, consider abusive, we reserve the right to revoke such customer’s right to access any awarded promotion, void any winnings obtained from such promotion, prevent enrollment in future promotions, and/or even close the customer’s account.
6.4 If we suspect that you have engaged in fraud, any illegal or inappropriate activity, or have violated the Terms, we reserve the right to take any of the following actions at our discretion, with or without prior notice:

• cancel any winnings obtained, cancel any pending withdrawals and cash out the balance (in real money) of your account;
• void any bonus balance in your account and/or limit or deny your future participation in our bonuses and promotional offers;
• contact the relevant authorities to report any suspected illegal activity and/or collect any outstanding payments to the Company.

6.5 The Company reserves the right to notify the responsible government agencies, as well
as other online casino operators, online service providers, banks, payment and credit card processors, electronic payment providers, and
relevant financial institutions in the event of suspected fraud, illegal activity, or suspicious activity. You agree to fully cooperate in the investigation of such activities.

Limitations of liability

7.1 You agree and accept that the Company has no responsibility or control over your use of our software. You also agree that your use of the Company’s services is solely and exclusively at your own discretion, even though you are aware of and accept the potential risks involved.

7.2 The Company shall not be liable for any transaction, illegal activity, negligence, damage, or loss of any kind, including, but not limited to, loss of data, funds, reputation, or any loss that the Company has not contemplated to date.
7.3 Neither the Company, nor the software provider, nor any of its allied or connected parties
shall be liable for any loss, expenses, or damages allegedly or actually resulting from:

• any mistakes you may have made by entering incorrect information;
• any type of fraud or illegal activity;
• the Company’s decision not to accept your deposit, refuse to open an account, or suspend or close your account;
• any delay in receiving or accepting a deposit, or withholding your withdrawals until the identity verification process and others have been completed;
• using your account for purposes that may be considered illegal under applicable law;
• Any operation or transaction that has been carried out from your account if you have correctly entered your username and password;
• any unauthorized use of data related to you or your account;
• inability to use the Website or lack of access to it for any reason;
• any action or transaction performed by a third party using your username and password;
• poor quality of access (or lack of access) to the Web;
• any circumstances beyond the Company’s direct control, including problems related to your equipment and software (viruses or computer software problems), data transfer systems, your telephone or other communication methods, or problems related to your Internet service provider;
• loss of any transaction resulting from a malfunction of your connection or any other organization that transfers data between you and the Company or any other company that regulates payments;
• any electronic communication that has not been received;
• the result of any action on behalf of the government or circumstances of force majeure;

Changes to the website

8.1 The Company reserves the right to make any changes to the Terms at its discretion and at any time.
8.2 Any changes will be effective as of the date indicated in the Terms. It is your responsibility to check the Terms each time you use the Website to determine if any changes have been made.
8.3 By continuing to use the Website after such changes, you are implicitly accepting those changes, regardless of whether you have received notice or are familiar with them. If you do not agree with any changes, you must stop using the Website.

Notices

9.1 You agree to contact us electronically. We will periodically post electronic messages on the Website and/or communicate with you via email. You must provide us with accurate contact information; otherwise, the Company is not responsible for your failure to receive the
information in a timely manner. All correspondence, including electronic communications, is considered “written” and is deemed to have been received no later than 5 (five) business days after it is sent. The Company has the right, but not the obligation, to submit communications in writing. If you have any questions about the use of the Website or the Terms, we encourage you to contact us via our email: [email protected].

Complaint resolution procedure

10.1 You must contact our customer service department by email at [email protected].
10.2 Complaints will be handled through customer service, although they may be referred to other departments within the Company if the department cannot immediately resolve the issue. The customer will be periodically informed of the status of their complaint.
10.3 A “complaint” is defined as any inquiry that:

• relates to the outcome of a transaction part of a client’s game;
• is not resolved in the first stage of the Company’s service procedure.

10.4 The Customer Support Team will provide an initial response to your inquiry via the
Customer Support email. If a complaint arises from the initial response, as defined above, the Customer Support Team will recommend that you submit your detailed complaint in writing to: [email protected].
10.5 In accordance with applicable data legislation, and to identify the complaining customer as the legitimate account holder, you must include:

• User name;
• Full name registered on the account;
• That the complaint was sent from the email registered in your account;
• The subject of the email must contain the reason for the COMPLAINT;
• A detailed summary/explanation of the complaint;
• Specific dates and times associated with the complaint.

10.6 Once the necessary information has been received to process the dispute, the Complaints Resolution Committee will review your case and provide you with a response regarding the issue presented.

10.8 If you are not satisfied with the resolution of your complaint by the Complaints Resolution Committee, please feel free to explore further external dispute resolution options here.
10.9 You acknowledge and agree that our agreement is exclusively with the Company for the provision of all services available on the Website. You agree not to file any claim or complaint with any of the third parties involved in the operation of the Website, including, but not limited to, software, game, and payment providers, processors, and agents.