IT IS HEREBY STATED WITH UTMOST CLARITY AND WITHOUT AMBIGUITY:
THE SERVICES OFFERED ON THIS WEBSITE, INCLUDING BUT NOT LIMITED TO ONLINE CASINO-STYLE GAMES SUCH AS ROULETTE, BLACKJACK, POKER, CRAPS, AND SLOT MACHINES (‘POKIES’), ARE CATEGORIZED AS ‘PROHIBITED INTERACTIVE GAMBLING SERVICES’ UNDER AUSTRALIA’S INTERACTIVE GAMBLING ACT 2001 (CTH) (‘IGA’).
PROVIDING THESE SERVICES TO ANY PERSON PHYSICALLY PRESENT IN AUSTRALIA IS A SERIOUS CRIMINAL AND CIVIL OFFENCE UNDER THE IGA, CARRYING SUBSTANTIAL PENALTIES FOR THE OPERATOR. ACCESSING OR ATTEMPTING TO ACCESS THESE SERVICES FROM WITHIN AUSTRALIA IS A DIRECT AND MATERIAL VIOLATION OF THESE TERMS.
The Operator does not hold, nor can it legally obtain, any license from an Australian state or territory authority permitting the provision of these Prohibited Interactive Gambling Services to individuals located in Australia. The Australian Communications and Media Authority (ACMA) actively enforces the IGA, including measures such as requesting Internet Service Providers (ISPs) to block access to websites offering prohibited services to Australians.
The very name of this Website (“Best Online Casino in Australia”) may be interpreted as an attempt to advertise prohibited services to Australian residents, which is also an offence under the IGA. Such explicit targeting significantly elevates the risk of regulatory action by ACMA, including website blocking, irrespective of the prohibitions stated within these Terms. Users and the Operator acknowledge this inherent risk.Acceptance: By accessing the Website, registering an Account, depositing funds, placing any wager, or otherwise utilizing any Service offered, the User irrevocably confirms that they have read, fully understood, and unconditionally agree to be bound by these Terms in their entirety, including the explicit and strict prohibitions regarding access from Australia. The User explicitly warrants that they are not physically present in Australia at the time of accessing or using the Services.Penalties Overview: The provision of Prohibited Interactive Gambling Services to customers physically present in Australia attracts severe penalties under the IGA. These include substantial daily fines for both individuals and corporate bodies involved in the operation. Further details on these penalties are outlined in Table 2 within these Terms. This highlights the gravity of the prohibition and the Operator’s legal exposure should services be accessed from Australia.2. Definitions
For the purposes of these Terms, the following definitions apply:
- Account: The unique personal account registered by a User on the Website to access the Services.
- ACMA: The Australian Communications and Media Authority, the primary Commonwealth body responsible for enforcing the IGA.
- AML/CTF Act: Australia’s Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) and associated Rules, which impose obligations on certain entities regarding customer identification and reporting. While the Operator is not licensed in Australia, it acknowledges the principles and standards reflected in such legislation.
- Australian-Customer Link: As defined in Section 8 of the IGA, signifying that a service is provided to a customer who is physically present in Australia. Establishing such a link triggers the prohibitions under the IGA.
- BetStop: Australia’s National Self-Exclusion Register, allowing individuals to exclude themselves from licensed Australian online and phone wagering services.
- IGA: Australia’s Interactive Gambling Act 2001 (Cth), the primary Commonwealth legislation prohibiting the provision of certain interactive gambling services (including online casinos) to customers in Australia.
- Intellectual Property: All copyrights, trademarks, service marks, trade names, domain names, patents, trade secrets, database rights, design rights, and other proprietary rights associated with the Website, its content, software, and the Services.
- Prohibited Interactive Gambling Service: As defined in Section 5 of the IGA, encompassing gambling services provided interactively (e.g., via the internet) that involve games of chance or mixed chance and skill, such as online casino games (roulette, poker, blackjack), online slots (‘pokies’), and similar games.
- Services: The online gambling games, betting facilities, account management functions, and related support offered via the Website.
- User: Any natural person, acting in their individual capacity, who accesses the Website or utilizes the Services.
- User Content: Any data, text, information, or material submitted, posted, or displayed by a User on the Website, if applicable (e.g., profile information, chat messages).
- Website: The online platform located at the domain www.agroanaliz.online and any associated mobile applications or sub-domains operated by the Operator.
3. User Eligibility, Account Registration & Verification
- Minimum Age: To register an Account and use the Services, the User must be at least 18 years of age, or the minimum legal age for engaging in gambling activities in the jurisdiction from which they are accessing the Services, whichever is higher. The Operator reserves the absolute right to request documentary proof of age from any User at any time and to suspend the User’s Account until satisfactory verification is provided. Providing Services to minors is strictly prohibited.
- Geographic Restrictions & Operator’s Diligence:
- Explicit Prohibition: The Services provided via this Website are unequivocally NOT AVAILABLE to any individual physically present within the Commonwealth of Australia. Any access, use, registration, deposit, wager, or attempted transaction from a physical location within Australia constitutes a severe and material breach of these Terms.
- User Warranty: By registering an Account, logging in, depositing funds, placing any wager, or using any Service, the User expressly warrants, represents, and undertakes that they are not physically located in Australia at that time. This warranty is a fundamental condition of the agreement governed by these Terms.
- Operator’s Verification Measures: The Operator employs various technical and procedural measures aimed at detecting and preventing access from Australia, in an attempt to exercise reasonable diligence as contemplated under the IGA. These measures may include, but are not limited to:
- Utilizing IP address geolocation services to identify and block connections originating from Australia.
- Requiring Users to declare their country of residence and current physical location during the registration process and potentially at subsequent intervals.
- Cross-referencing provided address details against available databases where feasible and legally permissible.
- Clearly informing potential customers, through these Terms and potentially other notices, that Australian law prohibits the provision of these Services to persons physically present in Australia.
- However, the very name of the Website (“Best Online Casino in Australia”) significantly undermines any claim by the Operator that it could not, with reasonable diligence, have known that the service might attract or be accessed by individuals in Australia. This inherent contradiction means that the legal defence of “reasonable diligence” under IGA Section 15(3) is highly unlikely to be available to the Operator, regardless of the technical measures employed. The risk of providing a prohibited service remains exceptionally high.
- Consequences of Misrepresentation: Should the Operator determine, or reasonably suspect, that a User has breached the warranty regarding their physical location (i.e., has accessed or used the Services while physically present in Australia), or has provided false or misleading information regarding their location or identity to circumvent these restrictions, the Operator reserves the absolute right to immediately and permanently terminate the User’s Account. In such circumstances, any and all funds present in the Account, including deposits, bonus credits, and winnings, may be confiscated and forfeited at the Operator’s sole discretion, without recourse for the User.
- Account Security: The User is solely and entirely responsible for maintaining the confidentiality and security of their Account login credentials, including username, password, and any other security questions or two-factor authentication methods. All activities and transactions conducted through the User’s Account are deemed to be the User’s responsibility. The Operator shall not be liable for any loss or damage incurred by the User as a result of unauthorized access to their Account. The User must notify the Operator immediately via official contact channels upon suspecting any breach of security or unauthorized use of their Account.
- Verification Requirements (AML/CTF):
- The Operator adheres to applicable Anti-Money Laundering (AML) and Counter-Terrorism Financing (CTF) regulations within its jurisdiction of operation.
- Users are required to provide accurate and complete personal identification information upon registration, including full legal name, date of birth, and current residential address. This information must match official identification documents.
- Crucially, verification of the User’s identity MUST be successfully completed BEFORE the User is permitted to deposit funds, place any bets, or initiate any withdrawals. This aligns with stringent international standards, similar to Australia’s Customer Identification Procedures (ACIP) which mandate pre-transaction verification. The Operator may utilize third-party verification services to confirm the User’s identity, and the User explicitly consents to their information being shared for this purpose. This process may involve checks against various databases but is not a credit check.
- The Operator reserves the right, at its sole discretion and at any time (including after account opening), to request additional documentation or information from the User to comply with ongoing AML/CTF obligations. This may include, but is not limited to, proof of source of funds, source of wealth, or further identity documents. Failure or refusal by the User to provide requested information in a timely manner may result in the suspension of Account functionalities (including withdrawals) or the permanent closure of the Account, without prior notice.
- The collection and verification of identity and location data, while necessary for regulatory compliance in the Operator’s jurisdiction, creates a record. If an Australian user circumvents initial blocks but is later identified through these verification processes, this data could serve as evidence confirming the provision of a prohibited service to an Australian customer, potentially negating any defence under the IGA and increasing the Operator’s liability. This demonstrates the inherent conflict and high-risk nature of attempting to operate globally while needing to rigorously exclude users from specific prohibited jurisdictions like Australia.
4. Services Offered and Legal Limitations
- General Description: The Website provides access to a range of online casino-style games intended for entertainment purposes. This includes, but may not be limited to, electronic slot machines, virtual table games (such as roulette, blackjack, baccarat), and virtual card games (such as poker variants played against the house or other players where offered).
- Explicit Prohibition Statement (Reiteration):
- It is imperative to reiterate: The Services offered on this Website are unequivocally classified as ‘Prohibited Interactive Gambling Services’ under Australia’s Interactive Gambling Act 2001 (IGA). It is illegal under Australian Commonwealth law for the Operator to provide these Services to any person physically located within Australia. The Operator does not possess, and cannot legally acquire under current Australian law, a license from any Australian state or territory regulator (such as Liquor & Gaming NSW, Victorian Gambling and Casino Control Commission, NT Racing Commission etc.) that would permit the offering of these specific online casino Services to individuals in Australia.
- Any access to, or use of, the Services by an individual who is physically present in Australia constitutes a direct violation of these Terms. While the primary legal sanctions under the IGA are directed at the provider (the Operator), Users accessing these services illegally from Australia do so at their own risk and forfeit any consumer protections typically afforded under Australian law.
- It is critical for Users to understand the distinction between different forms of online gambling in Australia. While licensed online wagering (betting on racing and sports, excluding most forms of in-play betting) and online lotteries offered by licensed entities are permitted under Australian law, the online casino-style games offered on this Website are strictly prohibited when provided to persons in Australia. The legality of some forms of online gambling in Australia does not extend to the Services offered here. The name of this Website must not be interpreted as indicating legality within Australia.
5. Prohibited Use of Website and Services
The User agrees not to use the Website or Services for any unlawful purpose or in any way that violates these Terms. Prohibited uses include, but are not limited to:
- Standard Prohibitions:
- Engaging in any fraudulent activity, including the use of stolen, cloned, or unauthorized payment methods.
- Employing or attempting to employ any strategy or device aimed at cheating, including collusion with other Users, use of automated players (‘bots’), artificial intelligence, or exploiting software errors or loopholes.
- Attempting to manipulate, interfere with, disrupt, or reverse-engineer the Website’s software, servers, security systems, or game mechanics.
- Using the Services for any form of money laundering or financing of terrorism.
- Posting, transmitting, or displaying any content that is abusive, defamatory, offensive, obscene, threatening, harassing, discriminatory, or otherwise objectionable within any communication features of the Website.
- Opening or attempting to operate multiple Accounts without explicit prior permission from the Operator.
- Specific Geographic Prohibitions:
- Accessing, registering, depositing, wagering, withdrawing, or otherwise using or attempting to use any part of the Services while physically located within the Commonwealth of Australia. This prohibition is absolute.
- Employing Virtual Private Networks (VPNs), proxy servers, or any other technological means or methods designed to mask, disguise, falsify, or misrepresent the User’s true geographic location or IP address in order to circumvent the geographic restrictions, particularly those aimed at preventing access from Australia. Discovery of such activity will result in immediate Account termination and forfeiture of all funds.
- Advertising Prohibition: Users are strictly prohibited from advertising, promoting, marketing, or endorsing the Website or its Services in any manner within Australia or targeted towards Australian residents. This includes postings on social media, forums, websites, or any other communication channel accessible to Australians.
- Table 1: Prohibited Activities Summary (Focus on Australia)
Activity | Status under these Terms & Australian Law | Consequence under these Terms |
---|
Accessing or using Services while physically present in Australia | Strict Violation of Terms; Illegal under IGA 2001 for Operator to provide service | Immediate Account Termination; Forfeiture of all funds |
Using VPN, Proxy, or other means to hide Australian location | Strict Violation of Terms; Attempt to circumvent legal prohibitions | Immediate Account Termination; Forfeiture of all funds |
Providing false address or location details during registration/verification | Strict Violation of Terms; Potential Fraud | Immediate Account Termination; Forfeiture of all funds |
Advertising or promoting the Services within Australia | Strict Violation of Terms; Contravenes IGA advertising ban | Account Termination; Potential reporting to authorities (if known) |
6. Deposits and Withdrawals
- Available Methods: The Operator accepts deposits and processes withdrawals through methods specified on the Website’s banking or cashier page. These methods may vary based on the User’s jurisdiction and are subject to change.
- Australian Payment Method Ban Context: Users are advised that Australian legislation (specifically, Section 15C of the IGA, introduced via amendments) prohibits the use of credit cards, certain credit-related products, and certain forms of digital currency for funding online gambling accounts by persons subject to Australian law. While the Services herein are strictly prohibited for persons in Australia, the Operator may implement restrictions on certain payment methods globally, reflecting international regulatory trends and best practices aimed at responsible gambling and AML compliance.
- Processing Times & Fees: Estimated processing times for deposits and withdrawals are provided on the Website for informational purposes but are not guaranteed. The Operator is not responsible for delays caused by payment processors or banking institutions. Any fees associated with specific payment methods will be clearly indicated where applicable.
- Withdrawal Conditions: Withdrawals are subject to minimum and maximum limits per transaction and potentially over specified time periods, as detailed on the Website. All verification requirements under Section 3 must be met before any withdrawal request can be processed. Withdrawals may be subject to additional security checks, which could cause delays. Winnings are subject to any maximum payout limits specified in these Terms or specific game rules.
- Right to Refuse/Reverse: The Operator reserves the right, in its sole discretion, to refuse any deposit, void any transaction (including bets placed), and/or refuse or reverse any withdrawal request if there is reasonable suspicion of:
- Fraudulent activity or use of unauthorized funds.
- A breach of these Terms, particularly the geographic restrictions prohibiting access from Australia.
- Non-compliance with AML/CTF requirements or requests for information.
- Involvement in any prohibited activity as outlined in Section 5.
- Chargebacks initiated by the User or their bank.
- No Recourse for Users Accessing Illegally from Australia: It is explicitly stated that any User found to have accessed the Services in violation of the prohibition against use from Australia faces potential forfeiture of their entire account balance (deposits and winnings). Such Users will have no recourse through Australian regulatory bodies (like ACMA), consumer protection agencies (like the ACCC), or Australian-based payment system dispute mechanisms to recover withheld funds, as the underlying activity (provision of prohibited services to Australia) is illegal under Australian law.
7. Responsible Gambling
- Commitment Statement: The Operator acknowledges that gambling can be addictive and may lead to harm for a small proportion of individuals. The Operator is committed to promoting responsible gambling practices and providing tools to help Users manage their play responsibly. Gambling should be treated as a form of entertainment, not a source of income.
- Available Tools: The Operator provides the following tools accessible through the User’s Account settings:
- Deposit Limits: Users can set limits on the maximum amount they can deposit into their Account over a specified period (e.g., daily, weekly, monthly).
- Session Time Limits / Reality Checks: Users may be able to set limits on the duration of their playing sessions or receive periodic reminders of time spent gambling.
- Self-Exclusion: Users have the option to temporarily suspend (‘take a break’) or permanently close their Account for responsible gambling reasons. Self-exclusion requests will be actioned promptly.
- Links to Support: The Operator provides links to internationally recognized problem gambling support organizations, such as Gambling Therapy and Gamblers Anonymous. For informational purposes only, links to Australian resources like Gambling Help Online (www.gamblinghelponline.org.au) and the National Gambling Helpline (1800 858 858) may be provided, but this does not imply permission to use the Services from Australia.
- BetStop Mention & Disclaimer: Users should be aware that Australia operates a National Self-Exclusion Register known as BetStop (www.betstop.gov.au). Registration with BetStop is designed to prevent access to licensed Australian online and phone wagering services. BetStop registration does not apply to offshore operators like this Website, and accessing this Website from Australia remains strictly prohibited under these Terms and Australian law, regardless of a User’s BetStop registration status.
- CRITICAL DISCLAIMER: The availability of responsible gambling tools on this Website is based on the Operator’s policy and commitment to player safety in jurisdictions where its services are legally offered. The provision of these tools does not, in any way, imply, suggest, or confer legality upon the Services for Users accessing them from jurisdictions where such Services are prohibited by law, including specifically the Commonwealth of Australia. The use of deposit limits, self-exclusion, or other responsible gambling features does not absolve the User from their obligation to comply strictly with the geographic restrictions outlined in these Terms. Offering these tools cannot be interpreted as legitimizing access from Australia, as the core service remains illegal under the IGA.
8. Intellectual Property Rights
- Ownership: All content, materials, software, code, graphics, designs, logos, trademarks, service marks, and other intellectual property displayed on or comprising the Website and the Services are the exclusive property of the Operator or its licensors. All rights are reserved.
- User License: Subject to the User’s ongoing compliance with these Terms, the Operator grants the User a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Website and Services solely for their personal, non-commercial entertainment purposes.
- Restrictions: The User is strictly prohibited from:
- Copying, reproducing, distributing, transmitting, modifying, adapting, translating, or creating derivative works from any part of the Website, its content, or software without the express prior written consent of the Operator.
- Attempting to decompile, reverse-engineer, disassemble, or otherwise derive the source code of the software used on the Website.
- Removing, obscuring, or altering any copyright notices, trademarks, or other proprietary rights markings contained on or within the Website or Services.
- Using any automated means (e.g., bots, scrapers) to access the Website or collect data, except as may be explicitly permitted by the Operator (e.g., via standard search engine indexing).
9. Disclaimers and Limitation of Liability
- “As Is” Provision: The Website and Services are provided strictly on an “as is” and “as available” basis. The Operator makes no warranties or representations of any kind, whether express, implied, statutory, or otherwise, regarding the Website or Services, including but not limited to warranties of accuracy, completeness, reliability, security, availability, uninterrupted operation, freedom from errors, viruses, or other harmful components, merchantability, fitness for a particular purpose, or non-infringement.
- User Risk: The User acknowledges and agrees that their use of the Website and Services is entirely at their own risk and discretion. The User is solely responsible for ensuring that their use of the Services is lawful in their jurisdiction of residence and the jurisdiction from which they are accessing the Services.
- Specific Australian Disclaimer:
- The Operator expressly and categorically disclaims any and all liability whatsoever for any losses, damages, claims, or disputes arising from, related to, or in connection with the access or use of the Services by any person physically present within the Commonwealth of Australia. As stated repeatedly throughout these Terms, accessing these Services from Australia is illegal under Australia’s Interactive Gambling Act 2001 (Cth) and is undertaken entirely at the User’s own risk, in direct violation of these Terms.
- Users attempting to access or successfully accessing the Services from Australia are hereby explicitly advised that they possess no legal recourse or consumer protection rights under Australian law or through Australian regulatory bodies (such as ACMA or state/territory gambling regulators) in relation to any issues encountered with the Services. This includes, without limitation, disputes concerning the payment or non-payment of winnings, account closures, fairness of games, or any other operational matter. The Services are prohibited in Australia, and Australian authorities will not assist users of illegal gambling services. Users accessing illegally also risk losing deposited funds and winnings without remedy.
- Limitation of Liability: To the maximum extent permitted by the governing law specified in Section 12, the Operator’s total aggregate liability to any User (accessing from a permitted jurisdiction) for any and all claims arising out of or relating to these Terms, the Website, or the Services, whether in contract, tort (including negligence), or otherwise, shall be limited to the lesser of: (a) the total amount wagered by the User on the specific transaction giving rise to the claim, or (b). Under no circumstances shall the Operator be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to loss of profits, data, goodwill, or other intangible losses. The Operator may also impose maximum winnings limits per bet, per day, or per event, as detailed separately on the Website or in specific rules.
- Table 2: Indicative Penalties under IGA 2001 for Operators Targeting Australia
Offence Provision (IGA 2001) | Penalty Type | Penalty Units (per day) | Indicative AUD Value (Individual - per day)* | Indicative AUD Value (Corporation - per day)** | Relevant Snippets |
---|
Section 15(1) / 15(2A) - Providing Prohibited Interactive Gambling Service | Criminal / Civil | 5,000 / 7,500 | $1,650,000 / $2,475,000 | $8,250,000 / $12,375,000 | |
Section 61DA / 61EA - Broadcasting / Publishing Advertisement for Prohibited Service | Criminal / Civil | Variable, up to 5,000 / 7,500 (indicative based on service penalties) | Up to $1,650,000 / $2,475,000 | Up to $8,250,000 / $12,375,000 | |
*\* Based on Commonwealth Penalty Unit value of $330 effective 7 November 2024. This value is subject to periodic review and change by the Australian Government.*
*\** Corporate penalties can be up to 5 times the individual penalty amount under Australian law. Penalties apply for *each day* the contravention continues.*
10. Account Suspension and Termination
- Operator’s Rights: The Operator reserves the absolute right, at its sole and unfettered discretion, to restrict, suspend, or permanently terminate a User’s Account and their access to the Website and Services, without prior notice or liability, for any reason deemed necessary, including but not limited to:
- Any breach, suspected breach, or attempted breach of any provision within these Terms, with particular emphasis on violations of the geographic restrictions prohibiting access from Australia.
- Reasonable suspicion of involvement in fraudulent activities, collusion, cheating, manipulation of Services, or any other illegal or prohibited activity outlined in Section 5.
- Provision of false, inaccurate, incomplete, or misleading information during registration, verification, or any subsequent interaction with the Operator.
- Failure to comply with AML/CTF requirements or requests for information as detailed in Section 3.
- Detection or reasonable suspicion of access, attempted access, or registration from a prohibited jurisdiction, most notably Australia, based on technical data (e.g., IP address), user declarations, or verification failures. Proactive termination based on suspicion of Australian access is a measure taken in an attempt to demonstrate diligence under the IGA.
- Initiation of chargebacks or disputes with payment providers related to deposits made to the Account.
- Posing a security risk to the Website, the Operator’s systems, or other Users.
- Account inactivity for a prolonged period, as defined by the Operator.
- User’s Right to Close: A User may request the closure of their Account at any time by contacting the Operator’s customer support through the designated channels, provided there are no active investigations, outstanding disputes, or unresolved obligations associated with the Account.
- Consequences of Termination:
- If an Account is terminated by the Operator due to a breach of these Terms (especially related to accessing from Australia, fraud, cheating, or illegal activity), the Operator reserves the right, at its sole discretion, to void any pending bets, confiscate any existing balance within the Account (including deposited funds, bonus credits, and accrued winnings), and potentially report the activity to relevant authorities where required by law or regulation.
- If an Account is closed by the User voluntarily and without any breach, any remaining undisputed withdrawable balance will be returned to the User in accordance with the Operator’s standard withdrawal procedures, subject always to successful completion of identity verification and AML/CTF checks.
11. Dispute Resolution
- Initial Contact: In the event of any query, concern, or dispute regarding the Services, bets, account transactions, or these Terms, the User agrees to first contact the Operator’s Customer Support department through the channels provided on the Website to seek an informal resolution.
- Formal Complaint Process: If the issue is not resolved to the User’s satisfaction through initial contact, the User may lodge a formal written complaint by emailing \[email protected] or via other methods specified by the Operator. The complaint must include the User’s account details (username), a clear description of the issue, relevant dates and times, supporting evidence (if any), and the desired outcome. The Operator will acknowledge receipt of the formal complaint and endeavour to provide a substantive response within.
- External Resolution / Binding Arbitration:
- If a dispute cannot be resolved satisfactorily through the Operator’s internal complaints process, the User agrees that the dispute shall be exclusively and finally resolved by binding arbitration administered by in accordance with its. The arbitration shall take place in and the language of the arbitration shall be English. The decision of the arbitrator(s) shall be final and binding on both parties. This mandatory offshore arbitration clause aims to manage legal risks and costs for the Operator and may present a significant barrier for users seeking to pursue claims.
- The User explicitly waives any right to initiate legal proceedings in any court of law, except as necessary to enforce an arbitration award.
- No Australian Regulatory Involvement: It is unequivocally stated and agreed that, because the Services offered by this Website constitute Prohibited Interactive Gambling Services under Australia’s IGA, Australian regulatory bodies (including ACMA and state/territory licensing authorities like the NT Racing Commission) and associated consumer dispute resolution schemes have no jurisdiction over, and will not investigate or adjudicate, any complaints or disputes arising from the use of this Website by persons located in Australia. Users accessing the site illegally from Australia have no recourse to these Australian bodies.
12. Governing Law
- Specified Jurisdiction: These Terms and Conditions, their interpretation, and any dispute or claim arising out of or in connection with them, the Website, or the Services (including non-contractual disputes or claims) shall be exclusively governed by and construed in accordance with the laws of, without regard to its conflict of law principles.
- Exclusion of Other Laws: The choice of governing law specified above is made definitively, irrespective of the User’s country of residence, domicile, or physical location at the time of accessing the Services. The application of any conflict of law rules or principles that might otherwise lead to the application of the laws of any other jurisdiction (including Australia) is expressly excluded.
- Australian Law Disclaimer: Notwithstanding the designation of the governing law for the interpretation and enforcement of these Terms as between the Operator and the User, it is reiterated that the provision of the Services offered herein to persons physically present in Australia is prohibited by the statutory law of the Commonwealth of Australia, specifically the Interactive Gambling Act 2001 (Cth). This Australian legislation applies based on the location of the customer, irrespective of the governing law clause in these Terms, and exposes the Operator to significant enforcement action by Australian authorities (such as ACMA) if services are provided to Australian customers. The governing law clause primarily affects private disputes and offers minimal protection against Australian regulatory action.
13. Miscellaneous
- Amendments: The Operator reserves the right to modify, amend, or update these Terms at any time in its sole discretion. Notification of significant changes will be provided by posting the revised Terms on the Website with an updated effective date, or potentially via email to registered Users. The User’s continued use of the Website or Services following the posting of amended Terms constitutes their binding acceptance of the changes. It is the User’s responsibility to review the Terms periodically.
- Severability: If any provision, clause, or part of these Terms is determined by a court or arbitrator of competent jurisdiction (under the governing law specified in Section 12) to be invalid, illegal, or unenforceable, such provision shall be severed from the remaining Terms, which shall continue in full force and effect to the maximum extent permitted by law.
- Entire Agreement: These Terms, together with the Privacy Policy and any specific rules or conditions applicable to promotions or particular games/Services posted on the Website, constitute the entire agreement and understanding between the Operator and the User concerning the subject matter hereof, and supersede all prior or contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written.
- Assignment: The User may not assign, transfer, or delegate any of their rights or obligations under these Terms without the prior written consent of the Operator. The Operator reserves the right to assign or transfer its rights and obligations under these Terms, in whole or in part, to any third party (e.g., in connection with a merger, acquisition, or sale of assets) without the User’s consent.
- No Waiver: The failure or delay by the Operator in exercising any right, power, or remedy under these Terms shall not operate as a waiver thereof, nor shall any single or partial exercise preclude any other or further exercise of the same or any other right, power, or remedy.
- Force Majeure: The Operator shall not be liable for any failure or delay in the performance of its obligations under these Terms due to events beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
- Contact Information: For customer support inquiries, please contact. For formal complaints, please refer to the process outlined in Section 11 and use the designated contact details: [email protected].
BY ACCESSING, REGISTERING, OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, INCLUDING THE CRITICAL WARNINGS AND PROHIBITIONS REGARDING ACCESS FROM AUSTRALIA.