PUBLIC OFFER
GGBET LIMITED LIABILITY COMPANY, legal entity identification number: 44912194, registered at the legal address in Ukraine, 02002, Kyiv, vulytsya Yevhen Sverstuk, building 17, office 601, operating under the license for providing online casino gaming services issued on 23.08.2023 by decision № 129 of the Gambling and Lottery Regulatory Commission of 08.08.2023, the license for providing online betting services as of 23.08.2023, issued by decision № 128 of Gambling and Lottery Regulatory Commission as of 08.08.2023 (hereinafter referred to as the “Operator”), as one party, and an individual who, at the time of concluding this Agreement regarding participation in games of chance (hereinafter referred to as the “Agreement”) by accepting (Acceptance) the Terms of Use (Offer), has reached the age of 21, has full legal competency, is not on the Register of individuals with restricted access to gambling facilities and/or participation in games of chance (hereinafter referred to as the “Customer”), as the other party, (hereinafter commonly referred to as “Parties”, and each individually as a “Party”), have entered into the following Agreement:
1. TERMS AND DEFINITIONS
Acceptance is the Customer’s full and unconditional consent to comply with this Agreement in its entirety by registering and creating a Customer Account on the Operator’s website ggbet.ua or in the Operator’s mobile app GGBET.UA (Android/iOS).
A game of chance is any game which requires a bet to be placed in order to participate, giving the Customer the right to receive winnings (a prize), the probability and amount of which depends entirely or partially on chance, as well as on the knowledge and skills of the Customer.
Website - the website ggbet.ua, which is owned by the Operator.
Winnings (Prize) - funds, property, or property rights that are paid (issued) to a Customer in the event that they win in a game of chance in accordance with the published rules for conducting said game of chance.
Payout is a non-cash financial transaction involving the payment and/or refunding of the Customer’s funds from their customer account to their personal (bank/card) account, as stipulated in the Gambling Rules. Payouts include deposit refunds and payment of winnings, among other things.
Responsible gaming is the basic principle for organizing and conducting games of chance and provides for the implementation of measures by Gambling Operators to prevent and minimize the negative consequences of an individual’s participation in gambling, as well as self-restraint and self-control measures for customers.
Customer is an individual who, at the time of participation in a game of chance has reached the age of 21, has full legal competency, is not on the Register of persons with restricted access to gambling facilities and/or participation in games of chance, has given their consent to the Operator’s Terms and Conditions, read the Operator’s Privacy Policy and has no objections to it, accepted the Operator’s user agreement and participates in a game of chance voluntarily.
Player account (personal account) is a part of the Operator’s online gambling system which provides the Customer with complete information about their activities, agreements concluded with the Gambling Operator, and electronic cash alternative balance, as well as information required to identify the Customer.
The GGBET.UA mobile app is a software product designed to function on mobile devices (smartphones, tablets, etc.) running on various operating systems (iOS, Android, etc.), which allows the Customer to access the features of the Website from a mobile device. The general term “Website” is used in this Agreement.
Gambling Operator / Operator is GGBET LIMITED LIABILITY COMPANY, legal entity identification number: 44912194, legal address: Ukraine, 02002, Kyiv, Yevhen Sverstuk street, building 17, office 601, operating in accordance with the legislation of Ukraine, specifically the Law of Ukraine “On State Regulation of Activities Regarding the Organizing and Conducting Games of Chance” under the license for providing online betting services issued on 23.08.2023 by the decision of Gambling and Lottery Regulatory Commission № 129 as of 08.08.2023 and the license for providing online casino gaming services as of 23.08.2023, issued by the decision of Gambling and Lottery Regulatory Commission № 128 as of 08.08.2023.
User agreement is the Operator’s offer to Customers to enter into this Agreement regarding participation in games of chance.
Operator’s Terms and Conditions are the Terms and Conditions of the Operator, GGBET LIMITED LIABILITY COMPANY, for providing online betting and casino gaming services, Online Casino Gaming Rules, and Betting Rules published on the Operator’s website.
Register of individuals with restricted access to gambling facilities and/or participation in games of chance is a database containing information about individuals who are restricted from visiting gambling establishments and participating in games of chance in accordance with specific requests or by court decision.
Bet is a monetary amount in hryvnas or their in-game equivalent, transferred by the Customer to the Operator as a precondition for participation in a game of chance. The bet amount determines the amount of winnings earned in accordance with the rules of the game of chance in question.
Any other terms are used in accordance with the applicable legislation of Ukraine.
2. SUBJECT MATTER AND GENERAL PROVISIONS
2.1. This Agreement is an end-user license agreement as understood in Article 634 of the Civil Code of Ukraine and can be concluded only by entering into the agreement in its entirety.
2.2. The Customer represents and warrants that at the time of concluding this Agreement, they have reached 21 years of age, have full legal competence and are not on the Register of individuals with restricted access to gambling establishments and/or participation in games of chance, and enters into this Agreement of their own volition and free will. The Customer represents and warrants that they are not under the influence of drugs or alcohol, that they have no other legal restrictions affecting their entry into this Agreement and participation in games of chance, and that they have not been recognized as undesirable by other gambling Operators.
2.3. According to the terms of this Agreement, the Operator offers services for organizing and providing casino games of chance online, organizing and providing betting services through the Operator’s Website (hereinafter referred to as “Services”), and the Customer has the opportunity to place bets and participate in games of chance on the Operator’s Website following their successful registration of Player Account on the Operator’s Website, in accordance with the Operator’s Terms and Conditions.
2.4. If any individual takes part in a game of chance in violation of the legislation of Ukraine and of the conditions mentioned above, the Agreement concluded between the Operator and such individual becomes null and void with all the legal consequences of a void transaction.
2.5. By registering on the Operator’s Website, the Customer thereby confirms that they accept the terms of this Agreement and that they have read in full the Terms and Conditions, Privacy Policy, Loyalty Program and the Operator’s other documents and policies published on the Operator’s Website, and gives their consent to comply with them in full. The agreement for participation in a game of chance is considered to be concluded from the moment the Operator accepts a bet from the Customer in a game of chance.
2.4. In order to register on the Website, the Customer must fill in all the necessary fields of the relevant registration (application) form on the Website. The Customer must provide their personal data as well as additional (non-personal) data in the registration (application) form required for identification in order to restore access to their personal account in future.
2.5. In order to create a Player Account in the Operator’s system and participate in games of chance, the Customer must complete the identity verification process (verification, data identification) in accordance with the requirements of the applicable legislation and the Operator’s Terms and Conditions.
2.6. Terms and conditions for participation in individual games (bet) are determined by the Online Casino Gaming Rules, Online Betting Rules, and Sports Rules published on the Operator’s website. By placing a bet, the Customer confirms that they are familiar with the Operator’s Terms and Conditions and the rules for the specific game (bet) in question.
2.7. The Customer represents and warrants that at the time of concluding this Agreement they have reached 21 years of age, have full legal competence and are not included in the Register of individuals who are restricted from accessing gambling establishments and/or participating in games of chance, and concludes this Agreement of their own volition and free will. The Customer represents and warrants that they are not under the influence of drugs or alcohol, that they have no other legal restrictions affecting their entry into this Agreement and participation in games of chance.
2.8. If the Customer does not agree with the terms of this Agreement and/or the Operator’s Terms and Conditions, they must leave the Operator’s Website and not use it.
2.9. The Operator represents and warrants that they have the right to carry out activities related to organizing and providing games of chance in accordance with the licenses and requirements of the legislation of Ukraine.
2.10. The Parties have agreed that this Agreement has legal force and is binding for the Parties and does not need to be signed by the Parties in either paper or electronic form.
2.11. The Operator has the right to amend this Agreement without prior written notification to Customers. Customers are notified of any amendments made by way of publishing the relevant information on the Operator’s Website. The most recent version of the Agreement is always published and available on the Operator’s website.
2.12. Any online casino games available on the Operator’s Website are conducted in accordance with the terms and conditions established on the Website. The procedure and timelines for placing bets for participation in a game of chance, their size, the procedure for determining the outcome of game of chance, payment conditions and the procedure for calculating the amount of winnings (prize) for each of the Operator’s games of chance are defined in the rules for the corresponding game of chance, which are published on the Operator’s website and/or in the menu of the game in question.
3. PARTIES’ RIGHTS AND LIABILITIES
3.1. The Customer is obliged to:
3.1.1. Comply with the terms of this Agreement and fulfill their obligations as provided for in this Agreement, relevant legislation, and the Operator’s Terms and Conditions.
3.1.2. Provide complete, accurate and verified personal data as required by the Operator in order to comply with the requirements of the law (to verify the Customer’s identity, among other purposes) and, in particular, update personal data in the event of any changes.
3.1.3. Provide a document verifying their identity and containing information about thier age for review upon request by the Operator.
3.1.4. Adhere to responsible gaming principles, namely:
- enable the Operator to carry out identity verification by providing it with the necessary information, and immediately notify the Operator of any restrictions preventing the Customer from participating in a game
- in case of showing signs of gambling addiction, stop participating in games of chance and decline participation in games of chance in the future, and, in addition to the above, seek help from health care centers or medical institutions that specialize in the treatment of gambling addiction
- do not expect any bonus payments, gifts and/or the provision of goods (services) in any form, use of other types of incentives, the provision of which is directly or indirectly conditioned on the customer losing in a particular game of chance
3.1.5. Not to participate in a game if they have restricted access to gambling and/or have a gambling addiction, which must be reported to the Operator immediately.
3.1.6. Not be under the influence of alcohol or drugs and not be subject to any of the restrictions defined by these Terms and Conditions or by legislation.
3.1.7. Immediately notify the Operator of any unauthorized accessing of the Customer’s personal data by a third party, in particular, documents verifying their identity, as well as of any unauthorized accessing of their Player Account on the Website by a third party, if they should become aware of such a fact.
3.1.8. Should any signs of gambling addiction begin to develop, cease using the Website and playing games of chance and seek help from organizations, health care centers and/or medical professionals who specialize in gambling addiction treatment. The contact details for such organizations and institutions can be found in the Operator’s Responsible Gaming Rules.
3.1.9. Not share any information about their Player Account (personal account) with third parties. Take all measures to prevent the use of their Player Account (personal account) by third parties. Not share the username, email address, or password for their Player Account (personal account) with third parties.
3.2. The Customer has the right to:
3.2.1. Register on the Operator’s Website and manage their Player Account in accordance with the terms of this Agreement, the Terms and Conditions and applicable legislation
3.2.2. Demand good service from the Operator in accordance with the terms of this Agreement, the Terms and Conditions, and applicable legislation
3.2.3. Limit their participation in games of chance online by setting personal limits on the amount of money they can spend and on the maximum stake for their bets in accordance with the procedures provided for by the Terms and Conditions
3.2.4. Exercise other rights provided for by the law and the Terms and Conditions.
3.3. The Operator is obliged to:
3.3.1. Provide Services on the Website in compliance with the requirements of the law and in accordance with the Terms and Conditions.
3.3.2. Keep track of winnings (prizes), the amount of which is constantly increasing and depends on the number of bets placed (cumulative or progressive jackpot) (if such winnings (prizes) are available)
3.3.3. Comply with the requirements of the legislation of Ukraine and the rules for games of chance
3.3.4. Not take any action that could influence the results of games of chance
3.3.5. Adhere to the principles of responsible gaming
3.3.6. Take measures to prevent any violations of legal requirements by Customers or the Operator’s employees
3.3.7. Take measures to prevent persons under the age of 21 and persons subject to legal restrictions from participating in online casino games
3.3.8. When organizing and conducting online games of chance, to use online systems that exclude the possibility of unauthorized interference in their workings or the establishment of the conditions necessary to predetermine the outcome of a game
3.3.9. Take measures to prevent gambling addiction, in particular by posting publicly available materials on the Website about gambling addiction and responsible gambling including information about age restrictions, the likelihood of winning, principles of responsible gambling, signs of abnormal and problematic gambling addiction and about where to get help in case of gambling addiction
3.3.10. Handle complaints from Customers and other individuals filed, in particular those submitted in electronic form, and responding to them within the terms specified by the Terms and Conditions
3.3.11. Publish information (contact details, helpline phone number) about the organizations, medical institutions and/or medical professionals specializing in the treatment of gambling addiction on the Website (and/or in the Terms and Conditions).
3.4. The Operator has the right to:
3.4.1. At its sole discretion, suspend/terminate the provision of Services under this Agreement if the Customer violates the terms of this Agreement, the Terms and Conditions and/or the requirements of the law of Ukraine “On State Regulation of Activities Regarding the Organizing and Conducting Games of Chance”
3.4.2. Request additional documents from the Customer in accordance with the Rules for the purposes of identifying (verifying) customers
3.4.3. Refuse to pay out winnings (prizes) to any individual who is not a Customer and/or who is not eligible to receive such winnings
3.4.4. At its sole and absolute discretion, amend and/or supplement the terms of this Agreement and the Terms and Conditions, without notifying the Customer That said, the Operator guarantees and confirms that the most recent version of the text of this Agreement, its annexes, and the Terms and Conditions published on the Website are valid
3.4.5. Store and process any information entered by the Customer when registering a Player Account on the Website or submitted to the Operator in any other way (including the Customer's IP and MAC addresses, location data, operating system version and device settings used by the Customer to access the Website, etc.)
3.4.6. Raise the minimum age for Customers to participate in games of chance
3.4.7. In order to comply with the legislation on financial monitoring, the Organizer has the right to store the data of the Player and his/her Client Account in accordance with the legislation of Ukraine, but not less than five years after the termination of business relations with the Player;
3.4.8. Unilaterally suspend/terminate the provision of Services under this Agreement.
4. PAYMENT PROCEDURES
4.1. Settlements related to acceptance of bets for participation in games of chance, payment (issuance) of winnings (prizes), refunds of funds deposited by Customers for participation in games of chance are carried out in accordance with the Operator’s Terms and Conditions and applicable legislation.
4.2. Payouts for bets, refunds of funds deposited by Customers to participate in games of chance online, and payments of winnings to Customers are carried out via cashless transfer through the Operator’s online system, with consideration for the provisions of applicable legislation.
4.3. The Customer is responsible for correctly making payments and for retaining any payment documents.
4.3. Any payments and/or deposits made by the Customer are considered complete after the actual crediting of the funds to the Operator’s accounts and acceptance of such funds by the Operator.
4.4. The processing of payments on a Player Account may be restricted or suspended by the payment system or bank, in accordance with applicable legislation.
4.5. The Operator is not liable for the non-receipt of payments to a Player Account or for a delayed crediting of funds due to changes in the internal procedures of the financial institutions that carry out the transaction, or due to force majeure circumstances (failures in data transmission channels, authorization centers, etc.).
4.6. Payouts for bets, qrefunds of funds deposited by Customers to participate in games of chances online, and payments of winnings to Customers are carried out via cashless transfer through the Operator’s online system, with consideration for the provisions of applicable legislation, in particular the law of Ukraine “On preventing and countering the legalization (laundering) of proceeds from crime, financing of terrorism, and financing of the proliferation of weapons of mass destruction”.
4.7. The Operator has the right to reject Customers’ bets without explanation, including those Customers who violate this Agreement or the Operator’s Terms and Conditions, and reserves the right to close or suspend the accounts of individual Customers without prior notice.
4.8. The Operator does not accept any bets and does not provide services to Customers on credit, installment payments, or with payments in arrears, except in the case of bets paid for by credit or debit card, provided that payment authorization is provided.
4.9. The Player Account is used to access gambling services on the Operator’s Website.
4.10. The time limits for the payment of winnings (prize) or bet refunds are determined by the Operator’s Terms and Conditions, but cannot exceed 30 (thirty) days from the date of the Customer’s request.
4.11. The detailed procedure for accepting bet and winnings (prizes) payments is determined by the Operator’s Terms and Conditions.
5. RESPONSIBILITIES OF THE PARTIES AND DISPUTE RESOLUTION PROCEDURES
5.1. The Parties bear responsibility for non-fulfillment or improper fulfillment of their obligations under this Agreement in accordance with the applicable legislation of Ukraine.
5.2. The Customer’s complaints are handled by the Operator in accordance with the procedure and within the time frames specified by the Operator’s Terms and Conditions.
5.3. All disputes arising from this Agreement or related to it shall be resolved through negotiations between the Parties.
5.4. If a particular dispute cannot be resolved through negotiations, it shall be resolved in accordance with the legislation of Ukraine through legal proceedings in the established competent court and jurisdiction of such a dispute in accordance with the applicable legislation in Ukraine.
5.5. The Customer is responsible for the authenticity of the documents and information provided by them in accordance with the applicable legislation of Ukraine.
5.6. The Operator is exempted from liability for non-fulfillment or improper fulfillment of its obligations to the Customer should the Customer violate the terms of this Agreement, the Operator’s Terms and Conditions and/or applicable legislation of Ukraine.
5.7. The Organizer is not responsible for any losses or damages resulting from the Customer not taking/improperly taking measures aimed at safeguarding their Player Account (personal account) and/or registration data, or resulting from a third-party accessing said Player Account through the fault of the Customer.
5.8. The Operator is not liable for any losses or damages that the Customer or a third party may incur as a result of information technology malfunctions caused by attacks, viruses or other malicious materials when using the Operator’s website and/or downloading any materials posted on the Website and/or following any links on the Website.
5.9. Should this Agreement be terminated due to the Customer’s violation of its terms, the Operator’s Terms and Conditions and/or the applicable legislation of Ukraine, the Operator has the right to cancel all or any bets, void any winnings, close the account of the offending Customer and impose a penalty on the Customer worth 100% of their Player Account balance.
6. FORCE-MAJEURE CIRCUMSTANCES
6.1. The Parties are exempted from liability for non-fulfillment or improper fulfillment of their obligations under this Agreement, if they came to pass as a result of force majeure circumstances.
6.2. In this Agreement, “force majeure circumstances” means any circumstances arising beyond the will or against the will or wish of the Parties and which cannot be foreseen or avoided, including: military actions, civil unrest, global outbreaks of viral epidemics, economic warfare, earthquakes, floods, fires, as well as decisions by state authorities or local government bodies where the Customer resides, or by state authorities where the Operator resides, as a result of which additional responsibilities will be imposed on the Parties (or one of the Parties) or additional restrictions applied, and which make impossible any further implementation of the Agreement in full or in part, as well as any actions or events that affect the functioning of the Operator’s online gambling system and undermine the Operator’s ability to properly provide its Services.
6.3. The Party that is affected by force majeure circumstances must notify the other Party in writing within 10 (ten) calendar days and provide a document confirming the occurrence of force majeure, issued by an authorized body.
6.4. Once the force majeure circumstances come to an end, the validity period is renewed. The Party affected by force majeure circumstances must notify the other Party in writing about the end of said circumstances.
6.5. Should the force majeure circumstances last for more than 3 (three) months in a row, the Parties have the right to terminate this Agreement and carry out a final account settlement. That said, losses caused by the termination of the Agreement shall not be recovered and penalties shall not be paid.
7. AGREEMENT VALIDITY PERIOD. PROCEDURE FOR TERMINATION
7.1. This Agreement is considered concluded on the Operator’s end from the moment the Operator accepts the Customer’s bet in a game of chance. The Agreement is concluded for an indefinite period and is valid until it is terminated by any of the Parties in accordance with the procedure established by this Agreement, applicable legislation and/or the Operator’s Terms and Conditions.
7.2. The Customer has the right to close their Player Account by contacting the Operator. In this event, the funds available on such an account are returned to the Customer, taking into account the Operator’s Terms and Conditions and the requirements of applicable legislation.
7.3. The Operator has the right to cancel all or any of the Customer’s bets, suspend the payment of winnings (prizes), and close their Player Account, in the event of:
- registration of a Player Account by a person who does not meet the established requirements for Customers
- forgery of documents required for identity verification (identification) by the Customer
- duplicate Player Account registration by one person
- a document publicly available online being provided for identity verification (identification) purposes
- a bank card (bank account) or other payment instrument that does not belong to the owner of the Customer's Account being used by that Customer, or in the event of the same payment instrument or bank card being used on different accounts
- any other cases of attempted fraud by the Customer
7.4. Should the Customer be found to be in breach of the terms of this Agreement, the Operator’s Terms and Conditions and/or the requirements of the law, the Operator has the right at its sole discretion to terminate this Agreement and block the relevant Player Account by sending a notification regarding the closure of the account and termination of the Agreement to the Customer’s address. In this case, this Agreement is terminated and is considered terminated in its entirety without the conclusion of any additional agreements.
7.5. If the Customer for any reason fails to claim the remaining balance in their Player Account as of December 31 of the same year, and provided that more than 365 days have passed since the last win or bet placed (if it is refunded), the Operator has the right to close such a Player Account, classify such debt as uncollectible and write it off.
8. MISCELLANEOUS PROVISIONS
8.1. Each Party guarantees to the other Party that it has the necessary and sufficient capacity and authority to enter into and execute this Agreement in accordance with its terms.
8.2. In the process of implementing this Agreement, as well as in accordance with the requirements of applicable legislation, the Operator processes the Customer’s personal data.
8.3. Information about the Customer and their personal data are used exclusively for the purposes specified by the law of Ukraine “On state regulation of activities regarding organizing and conducting games of chance”, the Law of Ukraine “On preventing and countering the legalization (laundering) of proceeds from crime, financing of terrorism, and financing of the proliferation of weapons of mass destruction” and the Operator’s Terms and Conditions.
8.4. By accepting this Agreement, the Customer provides their consent to the collection and processing of their personal data for the following purpose, which is specified in clause 8.3., and for the use of data for commercial purposes, including receiving/sending information about participation in a game of chance and processing information about such participation, as well as sending marketing and special offers, information about promotions or any other information about the Operator’s activities. If the Customer is not willing to receive information about the Operator's activities, they have the right to contact the Operator with a request that it stop sending such messages.
8.5. Sharing personal information without the Customer’s consent is permitted in cases defined by the applicable legislation, including the law of Ukraine “On personal data protection”, the Law of Ukraine “On state regulation of activities regarding organizing and conducting games of chance”, the Law of Ukraine “On preventing and countering the legalization (laundering) of proceeds from crime, financing of terrorism, and financing of the proliferation of weapons of mass destruction” and other laws and statutory instruments.
8.6. The Parties undertake to keep confidential information obtained as a result of implementing this Agreement secret, unless authorized in writing by the other Party to disclose it or required to do so by state authorities in accordance with applicable legislation. The Party committing an offence shall be held liable for illegal disclosure of confidential information in accordance with applicable legislation.
8.7. This Agreement is governed and interpreted in accordance with the substantive law of Ukraine.
8.8. The relations arising on the basis of this Agreement are regulated by the Constitution of Ukraine, Tax Code of Ukraine, the Laws of Ukraine on “On state regulation of activities regarding organizing and conducting games of chance”, “On preventing and countering the legalization (laundering) of proceeds from crime, financing of terrorism, and financing of the proliferation of weapons of mass destruction” as well as subordinate legislation adopted in accordance with the Law of Ukraine “On state regulation of activities regarding the organizing and conducting games of chance” regulating relations in the field of gambling and relevant international treaties of Ukraine, which the Verkhovna Rada of Ukraine (Ukrainian Parliament) has decided to consider binding.