Terms of Service
Welcome to OnlineCasino.co.za (the āWebsiteā, the āOnline Casinoā, āweā āourā or āusā).
Please review these Terms of Service (the āTermsā) prior to using the Website or the Services.
In addition to these Terms, the Privacy and Cookie Policy which can be found here ā(the āPrivacy Policyā) applies to your use of the Website and the Services (as defined below). The Privacy Policy is incorporated by reference into these Terms and forms an integral part thereof. The Terms and the Privacy Policy shall collectively be referred to as the āAgreementā which constitutes a binding legal agreement between you and us.
By using or accessing the Website or the Services, you consent to the Terms set forth in this Agreement and agree to be bound by its terms.
In this Agreement, "you", "your" or "user" means any person who uses the Website or the Services under the Agreement.
1. Acceptance and Amendments to the Agreement
If you do not agree to any terms or conditions of the Agreement, you should immediately stop using the Website and the Services.
We may amend the Agreement from time to time and any changes made shall come into effect 14 days after being published on the Website or earlier if required by any applicable law, regulation or directive. You agree that your access or use of the Website or your use of the Services following such period will be deemed to constitute your acceptance of the amendments made to the Agreement.
It remains your responsibility to ensure that you are aware of the correct, current terms and conditions of Agreement and we advise you to check the Terms and the Privacy Policy on a regular basis.
We may terminate or suspend your use of the Services and/or this Website at any time, at our sole discretion and for any reason which may include but is not limited to a breach by you of the Agreement without providing any financial compensation to you.
2. The Services
The Website provides information with regards to casino games and the gambling industry (the "Services"), and are provided for free and for informational purposes only.
Online Casino does not operate any online casino or poker website nor does it accept any bets or wagers.
3. Use of the Website and Services
The Website and the Services may only be used by you if you are over the age of 18 and over the age for which the Website and the Services are legal under the laws of any jurisdiction which applies to you (the "Legal Age").
The Website and the materials incorporated therein are not designed to appeal or target those who have not yet reached Legal Age. If you are not of Legal Age, you must immediately stop using or accessing the Website and the Services.
You must not share any information from the Website with any individuals who have not yet reached Legal Age.
4. Intellectual Property Rights
Online Casino, its affiliates and its licensors (as applicable) own all software, data, written materials and other content, graphics, forms, artwork, images, pictures, graphics, photographs, functional components, animations, videos, music, audio, text and any software concepts and documentation and other material on, in or made available through the Website (collectively the āWebsite Contentā).
You agree not to remove or alter any copyright notice or any other proprietary notice on the Website or the Website Content.
In addition, the brand names and any other trademarks, service marks and/or trade names used on this Website (the āTrademarksā) are the trademarks, service marks and/or trade names of CasinoOnline.co.za, its affiliates or its licensors (as applicable) and these entities reserve all rights to such Trademarks.
The Website Content and Trademarks are protected by copyright and/or other intellectual property rights. You hereby acknowledge that by using the Services or by using or visiting the Website, you obtain no rights in the Trademarks and the Website Content, and you may only use the same in complete accordance with the Agreement.
5. Your Undertakings and Representations
By being on the Website, you agree and affirm that you meet the following requirements:
a. You are at least of Legal Age.
b. You agree that the Website is only for non-commercial use.
c. You have checked and found that the use of the Website and its Services are not in conflict with any regulations or laws in jurisdictions that apply to you personally.
d. You abide by the Terms, which can be amended at any time without notification.
e. You do not use or plan on using the information found on the Website for illegal purposes or for unauthorized reasons that can violate local or international laws.
f. You are not impersonating any person, individual, or entity and you are using your real personal details.
g. You waive the rights to participate in a trial by jury or in a class-action suit against Online Casino or any of its affiliates.
In the case that you are representing a company, organization, or entity, the use of the Website warrants that you:
a. are properly authorized to represent the respective organization and have the needed authority;
b. have read and agreed with these Terms;
c. understand the Agreement made with Online Casino;
d. agree on behalf of the represented organization.
6. Prohibited Activities
By visiting or using the Website you agree not to and not to permit others:
a. access or collect any information of other users or visitors of the Website for any reason whatsoever;
b. use the Website, the Services, the Website Content in connection with any unlawful activity;
c. copy, redistribute, publish, reverse engineer, decompile, disassemble, modify, translate or make any attempt to access the source code to create derivate works of the source code, or otherwise;
d. to harvest or collect any data or information through the Website, or use any robot, spider, scraper or any other means, automated or otherwise, to access the Website;
e. disclose any data about the Website or the Services to any third parties;
f. distribute any malicious code viruses, spyware, trojans, worms, spybots, keyloggers or any other form of malware, droppers, logic bombs, hidden files, locks, clocks, copy protection features, CPU serial number references or any other device of similar intent to the Website or Services or upload any upload files designed to harm the Website, the Services or the users or visitors to the Website or users of the Services;
g. not modify, lease, copy, distribute, display, perform, reproduce, publish, licence, create derivative works from, transfer, or sell any of the Website Content or Trademarks;
h. make the software available to any third party through a computer network or otherwise;
i. not to take any action that would reduce or harm Online Casino, its affiliates or the Websites goodwill or reputation.
7. Third-Party Content
This Website may contain hyperlinks to other websites, services or products or content operated by persons/entities other than us (collectively āThird Party Contentā). Such hyperlinks are provided for your reference and convenience only. You agree not to hold us responsible for the Third Party Content. A hyperlink from this Website to the Third Party Content does not imply that we endorse such Third Party Content. You are solely responsible for determining the extent to which you may use any Third Party Content and do so at your own risk.
We do not endorse nor do we make any warranties, representations with respect to any such to the Third Party Content (which includes but is not limited to the accuracy of the information, the quality of products or services contained in the Third Party Content).
8. Gaming Services
The Website Content presents information intended for personal entertainment and for informational purposes. The Website may include references to Third Party Content that is related to online gambling and gaming services (the āGaming Servicesā).
The information regarding Gaming Services is only intended to be accessed by users who are located in jurisdictions where such services are legal and they, the user, are of Legal Age.
You understand that the online gambling laws vary based on jurisdiction and you agree that it is your responsibility to make sure that your activities comply with the laws and regulations that are applicable in your country and jurisdiction. Being able to read the Website Content and access the Gaming Services provided does not mean that your activity through the Website is legal.
By using the Gaming Services, you agree with the following:
a. You are in a regulated jurisdiction where it is legal to access the Services, including the Gaming Services.
b. You are of Legal Age.
c. You have made sure that you are in accordance with local laws and directives when using the Gaming Services and the Website Content.
d. The use of information provided on the Website can result in losing money due to gambling activities for which Online Casino is not responsible.
e. You are solely responsible for verifying updates and modifications to the imposed laws and requirements.
f. You are completely aware that gaming and gambling comes with a risk of losing money.
g. You use the Services Gaming Services as you see fit and at your own risk.
The Website doesnāt provide legal advice regarding the legality of gambling, online or offline, and as such it is the responsibility of the users to learn and understand the gambling laws that apply to them.
Although the Website has information regarding gambling and gaming, it does not encourage readers to take part in gambling, gaming, or betting activities. It is your personal decision and choice to gamble or not.
9. Disclaimer of Warranties
The use of the Website means that you completely understand and agree to the following:
a. Using the Website, the Services and the Website Content provided is done at your own risk and discretion.
b. Online Casino does not offer any guarantees or warranties that:
- 1
the Website Content is what you want or that it is available uninterrupted, securely, timely, or error-free;
- 2
the results, services, or content will always be accurate or reliable;
- 3
the quality of the products, services, content, information, or other services transmitted through the Website will meet customer expectation.
c. Any and all materials downloaded or obtained otherwise via the Website or Services is done at your own risk and discretion. Additionally, you are responsible for damage that may occur to the computer system or loss of data as a result of such activities.
d. Nothing featured on the Website presents a warranty or guarantee unless this is expressly mentioned in these Terms.
10. Limitation of Liability
Online Casino, its affiliates and their licensors shall not be liable to you or any third party in contract, tort, negligence, or otherwise, for any loss or damage whatsoever arising from or in any way connected with your, or any third party's, use or access of the Website or the Services, whether direct or indirect, including, without limitation, damage for loss of business, loss of profits (including loss of or failure to receive anticipated winnings), business interruption, loss of business information, or any other pecuniary or consequential loss (even where we have been notified by you of the possibility of such loss or damage).
Online Casino, its affiliates and licensors shall not be liable in contract, tort or otherwise, for any loss or damage whatsoever arising from or in any way connected with your use, of any link contained on the Website nor are they responsible for the content contained on any Internet website linked to from the Website.
You confirm that Online Casino shall not be liable to you or any third party for any modification to, suspension of or discontinuance of the Website or the Services.
11. Indemnity
By using the Website, you agree that you must indemnify and defend Online Casino, its directors, partners, employees, affiliates, and other related agents or entities. This includes covering reasonable attorney fees that may occur from any and all messages or other information transmitted, posted, or submitted to the Website as a violation to these Terms.
12. Notification of Copyright Infringement
We respect the intellectual property rights of others and we require users and visitors of the Website and the users of the Services to do the same. If you believe any Content on the Website infringes upon a copyright, or otherwise violates your intellectual property rights, you should notify our Copyright Agent at the contact details provided below with the following information:
a. Your name and the name of your company, if applicable;
b. Your contact information which must include your full email address, physical address and telephone number;
c. Identify the material on the Website that may be an infringement with enough detail so that we may locate it on the Website. You should include the URL that points to the allegedly copyright infringing content include or a detailed description of where to find the allegedly copyright infringing content;
d. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
e. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our Copyright Agent may be reached at the following contact information: [email protected].
13. Modifications of the Website and Services
Online Casino reserves the right of modifying or removing pieces of content from the Website, temporarily or permanently without offering a notice to users. The Services are also subject to change at any time.
14. Termination of the Agreement
We may terminate the Agreement as well as terminate your access to the Website and the Services immediately without notice to you (and without any financial compensation to you):
a. if for any reason we decide to discontinue to provide the Services or the Website or any part thereof, in general or specifically to you;
b. if we believe that you have breached any of the terms of the Agreement;
c. if your use of the Services or the Website has been in any way improper or breaches the spirit of the Agreement; or
d. for any other reasonable grounds we see fit.
15. Governing Law and Arbitration
By visiting or using the Website or the Services, you agree that the Agreement and your use of the Website and the Services shall be governed exclusively by the laws of England & Wales, without regard to its conflict of law provisions.
In the event of any controversy, claim, or dispute arising out of or relating to the Agreement, your use of the Website or the Services (āDisputeā), the parties hereto shall consult and negotiate with each other and, recognizing their mutual interests, attempt to reach a satisfactory solution. In the event the parties do not resolve or settle the dispute within a period of thirty (30) days of beginning any such consultation or negotiation, then upon notice by any party to the other, any unresolved Dispute, including but not limited to any question regarding the Agreementās existence, validity or termination, shall be referred to and finally resolved by binding arbitration under the London Court of International Arbitration (āLCIAā ) Rules (āArbitrationā), which Rules are deemed to be incorporated by reference into this clause. It is agreed that:
a. The number of arbitrators shall be one;
b. The seat, or legal place, of arbitration shall London, United Kingdom. The language to be used in the arbitral proceeding shall be English;
c. the appointing authority for the purposes of the Rules shall be the London Court of International Arbitration;
d. the seat, or legal place, of the arbitration shall be London;
e. the language to be used in the arbitration shall be English; and
f. the governing law of this arbitration agreement shall the substantive law of England and Wales.
16. Confidentiality
By visiting or using this Website or by using the Services, you agree that, except as directed by us, you shall keep strictly confidential and shall not disclose, during the term of the Agreement or any time thereafter, the existence of any Dispute or the subject matter of any Dispute other than to LCIA in connection with resolving the Dispute, any or all of the information disclosed at Arbitration, or the results of Arbitration (collectively, the āConfidential Informationā) to any person or entity, nor will You use or exploit, directly or indirectly, the Confidential Information for any purpose other than to resolve the Dispute in strict confidence, to participant in the Arbitration, or to give effect to the result of the Arbitration.
Notwithstanding the foregoing, you will be entitled to disclose such Confidential Information if required by law provided that You promptly notify us, consult with us and cooperate with us in any attempt to resist or narrow such disclosure or to obtain an order or other assurance that such Confidential Information will be accorded confidential treatment.
17. Entire Agreement
The Agreement contains the entire agreement between us and you relating to your use of the Website, any software made available on the Website, and the Services and supersedes any and all prior agreement between us and you in relation to the same. You confirm that, in agreeing to accept the Agreement, you have not relied on any warranty or representation save insofar as the same has expressly been made a representation by Online Casino in the Agreement.
18. Assignment
Online Casino reserves the right to assign, transfer, pledge, or sublicense the Terms and the Agreement, in part or fully, without requiring your consent:
a. to another entity that is found within the same group as Online Casino;
b. in the case of a merger, sale or similar corporate transactions.
You shall not assign, transfer, pledge, or sublicense any of your obligations and rights as covered in the Agreement.
19. Severability
To the extent permitted by law, all provisions of this Agreement shall be severable and no provision shall be affected by the invalidity of any other provision.
20. Irreparable Harm
You acknowledge and agree that your breach of any of the Agreement could cause irreparable harm to us. Without affecting any other rights and remedies that we may have and despite anything to the contrary in this Agreement, you hereby acknowledge and agree that damages would not be an adequate remedy for any breach by you of the provisions of this Agreement, and that the we shall be entitled to remedies of injunction, specific performance and other equitable relief for any threatened or actual breach of the provisions of this Agreement and that no proof of special damages shall be necessary for the enforcement of this Agreement.
21. Surviving Provisions
Any provisions hereof which expressly or by their nature are required to survive termination or expiration of this Agreement in order to achieve their purpose shall so survive until it shall no longer be necessary for them to survive in order to achieve that purpose.
22. Waiver
No waiver by us of any terms of the Agreement shall be construed as a waiver of any preceding or succeeding breach of any terms of the Agreement.
23. Third Parties
Unless otherwise expressly stated, nothing in this Agreement shall create or confer any rights or any other benefits to third parties.
Nothing in the Agreement shall be construed as creating any agency, partnership, trust arrangement, fiduciary relationship or any other form of joint enterprise between you and us.