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Mobino limited, Registered Office 117Waterloo Road, London SE18UL, visit www.mobino.co.uk Company Registration Number 05933064. Mobino is a limited UK company offering free software created by aliquantum limited and licensed by the Maltese Gaming Authority under the registered licensee shoutig duck casino.
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Shouting Duck Casino Limited (the 'Company' or 'Shouting Duck Casino') is a limited liability company registered in Malta, number C37011. Our registered offices are at Vincenti Buildings, Suite 315, 14/19 Strait Street, Valletta VLT 08, Malta. We provide casino games (“Games”) for playing on mobile telephone handsets which is accessible through the mobile telephone. By downloading our games you are agreeing to these Terms and Conditions. www.shoutingduckcasino.com is wholly owned and operated by Shouting Duck Casino Casino Ltd.
The Company trades as Shouting Duck Casino Casino and 'Shouting Duck Casino'. The Company is licensed as a gaming operator in Malta. We trade in £UK Pounds Sterling. Amounts are wagered on games of chance through the user interface in the games. In these terms & conditions references to “we”, “us”, “our” and any similar expression shall be to include the Company. This agreement is entered into between us and the customer ('you').
Legal Warning
YOU MUST BE 18 YEARS OR OLDER TO PLAY OUR GAMES FOR MONEY. DO NOT TRY TO REGISTER IF YOU ARE NOT OLDER THAN 18 YEARS OLD.
Such gambling may not be legal in some jurisdictions under certain conditions, and in some jurisdictions may not be legal under any conditions. We expressly forbid any residents of the Netherlands the right to open an account with us or to use our services. Please verify the laws in your jurisdiction before downloading our games and read our terms and conditions carefully:
Agreement
1. Effect of this agreement
1.1. By agreeing to these terms and conditions and/or by continued use of the games, you are bound by the entirety of this agreement and by our 'Rules and Regulations' and 'Privacy Policy' that are incorporated by reference into these terms and conditions. If there is any inconsistency between these terms and conditions and any document incorporated by reference, these terms and conditions will prevail.
1.2 It is your responsibility to check these Terms & Conditions and the Privacy Policy from time to time to ensure that you agree with them and your continued use of the Games will be deemed to be your acceptance of any changes to the terms and conditions and privacy policy.
2. Your representations
2.1. You are 18 years of age or over, of sound mind and capable of taking responsibility for your own actions.
2.2. You can enter into a legally binding agreement with us and you are the person whose details are provided in connection with your Shouting Duck Casino registration or, in the case of legal entities, you are a duly authorized representative of the relevant legal entity. In the event that another person trades on your account you are solely responsible for all their actions whether or not their access was authorized by you and for this purpose you hereby indemnify Shouting Duck Casino and hold Shouting Duck Casino harmless against all costs, claims, expenses and damages howsoever arising in connection with the use of or access to your account by any third party.
2.3. You understand that by using our services you may lose money on wagers placed and accept that you are fully responsible for any such loss.
2.4. You will not use our services while located in any jurisdiction that prohibits the placing or accepting of wagers online.
2.5. You are acting as a principal and not as an agent on behalf of a third party.
2.6. You are not and never have been an undischarged bankrupt or in a voluntary arrangement with your creditors.
2.7. If paying money into the account (as defined in clause 4.1.1) by credit card or by UK debit card, you are the authorised user of such card. At no time in the past have you failed to honour a liability on a bet by charging back to your card issuer a payment made by card for betting services.
2.8. You are permitted in the jurisdiction in which you are located to use mobile betting services and you have verified that you are permitted to use software casino games in that jurisdiction.
2.9. You undertake to use our services for legitimate betting purposes only. In particular you undertake not to engage in any activity whose sole or primary purpose is to cause damage to or in any way hinder our business operations or generate or increase a liability on us to any third party including without limitation any tax, levy or duty collecting authority.
2.10. You will not attempt to hack, disassemble, reverse engineer or make unauthorized alterations or introduce any kind of malicious code to the Company’s technical infrastructure or the Company by any means.
3. Privacy
3.1. Any information you send us will be processed in accordance with our Privacy Policy (accessible on the Website or on request).
3.2. By agreeing to these terms and conditions you are giving us permission to contact you through your mobile telephone.
4. Accounts and payments
4.1. Opening an account.
4.1.1. Before you are able to start wagering real money using Shouting Duck Casino’s Casino games, we will require you to first register with us.
4.1.2. Additionally, you must have placed funds into an account administered by Shouting Duck Casino Casino Ltd.
4.1.3. We may not accept registration from persons resident in jurisdictions that prohibit mobile or online gambling.
4.1.4. You agree to provide accurate registration information. You agree to inform us of any changes in such details.
4.1.5. You authorise us to use any means that we consider necessary to verify your identity and creditworthiness with any third party providers of information.
4.1.6. Registration will be conducted using secure server encryption. SSL encryption is employed to ensure sensitive data is protected.
4.1.7. You will inform us as soon as you become aware of any errors with respect to your account or any calculations with respect to any wager you have placed. We reserve the right to declare null and void any wagers which are the subject of such an error.
4.1.8. Accounts are transated in £UK pounds sterling.
4.1.9. Purchases will appear on your card statement as Shouting Duck Casino Malta.
4.1.10. We will notify you that the transaction has been successful immediately in the Banking functionality in the game.
4.1.11. We will respond to any customer queries within a maximum 48 period from first registered contact.
4.1.12. We reserve the right to suspend your account for any reason at any time.
4.1.13. Funds in your account will not earn interest in your favour and no interest will be payable to you at any time.
4.1.14 Bonuses and icentives may be subject to individual Terms and Conditions that will be published here. A code for these terms and conditions will be included in the marketing material published to advertise them, if applicable.
4.1.15 Deposits made through text message billing (Premium SMS) will appear on your operator statement as a billing from 89944.
4.1.16. In the case of text message billing (Premium SMS) amounts failing with your network operator, we reserve the right to remove these funds from your account.
4.2. Confirmation, passwords and telephone account numbers.
4.2.1. If you register with us via the mobile phone game, upon completion of registration, we will send you a pin number exclusive to you.
4.2.2. You agree to keep your pin strictly confidential and you are responsible for any misuse of your pin. Provided that we have been correctly supplied with the account information requested, we are entitled to assume that orders and payments are made by you. You undertake to protect your pin and phone in the same way as you would in respect of your bank cards and any failure to do so shall be at your sole risk and expense.
4.2.3. You agree to inform us at once by electronic mail and by telephone if you believe that your account information is being misused by a third party so that we may suspend your account.
4.3. Account Funds
4.3.1. In accordance with clause 4.1.1 above, to open an account you may need to contribute funds into your playing account which will be held by Shouting Duck Casino Casino Ltd. on your behalf by way of security to meet any payment obligations you may incur as a result of placing offers for wagers using our Games.
4.3.2. Should you elect to "Cash In" your account through the game, we will try to send the funds back to the credit card stored by us on the account.
4.3.3. In cases where we are unable to credit the card we will send a cheque, the cheque will be sent to the name and address registered to your credit card only. Please telephone us at +44 (0)7891 282204 or email us at accounts@shoutingduckcasino.com.
4.3.4 Cash-ins by cheque are subject to a fee of £20 per cheque transaction handling charge. Each player is awarded one free cash-in via cheque per month.
4.3.5. The terms displayed in clauses 4.3.2. and 4.3.3. above are the only ways we can remit money from a players' account.
4.3.6. All funds that are successfully credited to your account are uncashable until played for the first time. After the funds have been played you are able to "cash-in" any winnings as appropriate.
4.3.7 You can view all transaction data on your handset at any time in the "Account History" menu item once you have logged in.
4.4. Exposure management
4.4.1. Your betting limit is set using the account management functions in the “Account” section.
4.4.2. Your betting limit maybe changed as follows:
4.4.2.1. Betting Limit increase – takes 48 hours to come into effect.
4.4.2.2. Betting Limit decrease – effective instantaneously.
4.4.3. We provide account barring to allow you to bar yourself from playing as part of our responsible gaming policy, as follows:
4.4.3.1. Barring yourself from play takes effect immediately.
4.4.3.2. Removing a bar from playing takes effect in 48 hours.
4.4.4. You will only be able to bet on our Games if you have sufficient funds in your account to meet your obligations.
5. Use of Shouting Duck Casino Casino’s services
5.1. You are responsible for understanding the rules and operation of our Games. We reserve the right to change the format of the services we offer in order to enhance such services and we reserve the right to record ALL telephone calls to Shouting Duck Casino and to monitor all information.
6. Terms applicable to all wagers
6.1. Cancellation, Suspension and breach.
6.1.1. Without restricting our ability to rely on other remedies that may be available to us, we may restrict your access to the Games, suspend or terminate your account or cancel any wagers in our absolute discretion if: (i) we suspect that you are engaging in illegal or fraudulent activity while using our Games; (ii) we suspect you are breaching any term of this agreement; (iii) we suspect you are acting in a manner that is detrimental to the conduct of our business; or (iv) we suspect that you may be having difficulties obtaining credit. In addition, if formally requested by the Police, gambling regulators, Insolvency Service or taxation authorities or in the event that you fail to provide us with sufficient information to identify yourself in accordance with our own internal procedures we may suspend your account and all functionality relating to the use of your accounts pending determination of any criminal or other legal proceedings or investigation to which such a request may relate or until you provide the necessary “know your client” information.
6.1.2. Irrespective of whether we suspend or terminate an account and notwithstanding any other provisions in these terms and conditions, we may decide to cancel and void any outstanding or matched wagers at our absolute discretion where (i) there is a technical failure, or (ii) you have (or may have) breached any terms and conditions in this agreement.
6.2. Nature of wagers.
6.2.1. You accept that you consider yourself to be adequately informed of your possible exposure.
6.2.2. You accept that any amounts lost by you under any bet should not under any circumstances be recoverable from the Company.
7. Communications and notices
7.1. Communications and notices to be given under this agreement (other than those Games of information occurring in the normal operation of the site) should be sent to us in the manner prescribed in the “Contact us” pages.
8. The Company
8.1. Indemnity.
8.1.1. You agree to indemnify and hold us and our subsidiaries, affiliates, officers, directors, agents and employees harmless from any liabilities, claims, losses or demands made by any third party arising out of your breach of this agreement including documents incorporated by reference into this agreement or out of your violation of any law or the rights of any third party.
8.1.2. You acknowledge that the Company and its subsidiaries will hold information with respect to your identity, including but not limited to your name, address and payment details. You agree that we rely on this information in entering into this agreement with you and you agree to hold us harmless against any falsehood or inaccuracy contained in the information you provide us.
8.2. Matters beyond our reasonable control.
8.2.1. We are not liable for any loss or damage that you may suffer because of any: act of God; power cut; trade or labour dispute, act, failure or omission of any government or authority; obstruction or failure of telecommunication services; or any other delay or failure caused by a third party. In such an event, we reserve the right to cancel or suspend our services without incurring any liability.
8.2.2. We are not liable for the failure of any equipment or software, wherever located or administered, or whether under our direct control or not, that may prevent the operation of our betting services, impede the placing of orders for wagers or the matching of wagers, or prevent you from being able to contact us.
8.2.3. We will not be liable for any failure to perform by a third party to our agreement. In particular, we reserve the right to declare null and void any wagers that we may not be able to accept or play in the Games through fault of any third party.
8.3. Limitation of liability.
8.3.1. We exclude all representations and warranties as to the Games's satisfactory quality and/or fitness for its intended purpose.
8.3.2. We will not be liable to you for any loss that you may incur as a result of misuse of your pin number and we accept no liability resulting from its unauthorised use, whether fraudulent or otherwise.
8.3.3. In no event will we, or any of our suppliers, accept any liability however arising for any losses you may incur as a result of placing wagers or otherwise by your use of the Games, this agreement or our services. Under no circumstances will our liability under these terms and conditions or for breach of contract, tort, equity or otherwise exceed your maximum permitted exposure. Under no circumstances will we be liable for any indirect, special or consequential damages, loss or profits (direct or indirect) or the benefit of any bet arising from breach of contract, negligence, equitable duty or other liability even if we had been advised of or known (or should have known) of the possibility of such damages or loss.
8.3.4. Nothing in these terms and conditions excludes our liability with respect to death and personal injury resulting from our negligence, or that of our employees, agents or subcontractors.
8.4. Intellectual property.
8.4.1. Shouting Duck Casino and the Shouting Duck Casino logo are registered trade marks of the Company and the Company is the sole owner of the same. Any unauthorized use of the Shouting Duck Casino trade marks may result in prosecution.
8.4.2. www.Shouting Duck CasinoCasino.com is the uniform resource locator ('URL') of our Company and no unauthorised use may be made of this URL on another website or digital platform without our prior written consent.
8.4.3. Your download, registration and use of our Games confers no rights whatsoever to the intellectual property contained in our Games. You agree not to use any automatic or manual device to monitor or copy our web pages or any content therein. Any unauthorised use or reproduction may be prosecuted.
8.4.4 By downloading the Games, you are agreeing to the End User License Agreement that governs them. Click here to read the End User License Agreement.
8.5. Assignment.
8.5.1. You may not assign any part of this agreement but Shouting Duck Casino may assign this agreement to its subsidiaries without notice to you.
8.6. Severability.
8.6.1. In the event that any provision of these terms and conditions is deemed by any competent authority to be unenforceable or invalid, the relevant provision shall be modified to allow it to be enforced in line with the intention of the original text to the fullest extent permitted by applicable law. The validity and enforceability of the remaining provisions of these terms and conditions shall not be affected.
9. Breach of this agreement
9.1. Without limiting our other remedies, we may suspend or terminate your account and refuse to continue to provide you with our services, in either case without giving you prior notice, if you breach any term of this agreement or we believe that your actions may result in legal liability for you, for the Company or for third parties.
10. Dispute resolution
10.1. In the event of a dispute arising between us and you, our customer service staff will attempt to reach an agreed resolution.
10.2. Should our customer service staff not be able to reach an agreement with you, our senior management and/or Board of Directors may intervene to resolve any outstanding grievance and their decision will be deemed as final.
11. General
11.1. This agreement is governed by the laws of Malta.
11.2. The courts of Malta have jurisdiction.
11.3. If these Terms and Conditions are published in languages other than English, it is for reference only. In the event of any differences between the English version of the Terms and Conditions (accessible from the homepage of www.Shouting Duck CasinoCasino.com) and this version, the English version shall prevail.
11.4. This agreement and the terms expressly incorporated into it constitute the entire and only agreement between the parties with regards to its subject matter and each party confirms that it has not been induced to enter into this agreement in reliance upon, nor has it been given, any warranty (including in particular any warranty as to merchantability, fitness for purpose or uninterrupted functionality), representation, statement, assurance, covenant, agreement, undertaking, indemnity or commitment of any nature whatsoever other than as are expressly set out in this agreement and, to the extent that it has been, it unconditionally and irrevocably waives any claims, rights or remedies which it might otherwise have had in relation thereto.
11.5. No failure or delay by a party to exercise any of its rights under this agreement shall operate as a waiver thereof and no single or partial exercise of any such right shall prevent any other or further exercise of that or any other right.
We pride ourselves in offering the best service possible. If you have any questions or issues, please contact us. |