Gambling Terms And Conditions

V. 3 DATED 28th June 2010

Terms and Conditions of Use of Services of NoiQ ENTERTAINMENT

1. General
2. Your member account
3. Your obligations as a player
4. Responsible gaming
5. NoiQ Group rewards program
6. Special rules
7. Privacy policy
8. Complaints
9. Limitation of liability
10. Anti-money laundering reporting
11. Breaches, penalties and termination
12. Intellectual property
13. Severability
14. Assignment
15. Entire agreement and admissibility
16. Applicable law and jurisdiction

1. General

1.1. These Terms and Conditions ("T&C") apply to the usage by You of the Games (as defined below), the related enabling internet, mobile or other platforms through the website http://www.noiq.com, ("Website") and other related URLs.

1.2. NoiQ Poker is operated by NoiQ ENTERTAINMENT, Costa Rica. Gaming modules are provided by Entraction Network Ltd (former B2B Poker Network Ltd), Malta.

1.3. "NoiQ" in these T&C refers to NoiQ ENTERTAINMENT SRL, a company incorporated in Costa Rica, registration number 3-102-541580.

1.4. These T&C constitute a binding agreement between You and NoiQ ENTERTAINMENT.

1.5. NoiQ ENTERTAINMENT is licensed and regulated in Costa Rica.

1.6. These T&C come into force as soon as You click on the "ACCEPT" button, by doing which You signify to NoiQ ENTERTAINENT that You have read these T&C and accept them. By using any of the Website You signify that You agree with these T&C.

1.7. You must read these T&C carefully in their entirety before clicking on the "ACCEPT" button. If You do not agree with any provision of these T&C You must not use or continue to use the Websites.

1.8. You fully understand and agree to be bound by the terms and conditions contained herein and as may be amended by us from time to time.

1.9. NoiQ ENTERTAINMENT reserves the right to modify these T&C and, thus, to amend this agreement between You and NoiQ ENTERTAINMENT at any time with or without notice.

1.10. Such amendments will become effective immediately upon being posted on http://www.noiq.com. It is Your sole responsibility to review this Agreement, together with the specific Rules for each Game You choose to participate in, in order to remain updates with all amendments each time You play. You can easily identify whether these T&C have changed by referring to the Version number and the date of the current T&S stated on this page.


1.11. Rules and explanations for participating in any of NoiQ ENTERTAINMENT’s Games, maintaining your account with NoiQ ENTERTAINMENT and other important information is provided in separate links on the Website and are incorporated into these T&C by reference.

1.12.
Any reference to NoiQ ENTERTAINMENT’s Games in this agreement shall refer to Casino, Poker, and other Games as may from time to time become available on the Website. NoiQ ENTERTAINMENT reserves the right to add and remove Games from the Website at its own discretion.

2. Your NoiQ account

2.1. Registration and opening of Your NoiQ account:

2.1.1. In order participate in any of NoiQ’s Games for real money; You must first register with NoiQ , open an account ("Account").

2.1.2. NoiQ has the right to appoint Payment Solution Providers to act, receive and/or pay funds on behalf of NoiQ.

2.1.3. You are allowed to have only one NoiQ Account. If You attempt to open more than one NoiQ Account, all accounts You try to open may be blocked or closed.

2.1.4. If You notice that You have more than one NoiQ Account under different names, You must notify NoiQ immediately on support@noiq.com

2.1.5. A request to open a NoiQ Account is made by filling out the registration form and submitting it to NoiQ online. NoiQ reserves the right to refuse to open an account.

2.1.6. You must enter all mandatory information requested into Your registration form, in particular, Your identity, Your address and contact details, including a valid e-mail address, Your place of residence, relevant payment information, all of which must be true and correct. It is Your sole responsibility to ensure that the information You provide is true, complete and correct and You hereby decorate and warrant to NoiQ that the information provided is true, complete and correct. You are hereby notified that NoiQ carries out verification procedures, whether itself or through third parties, and Your NoiQ Account may be blocked or closed if You are found to supply false or misleading information.

2.1.7. As part of the registration process You will have to choose Your username and password for Your login into the Website. It is Your sole and exclusive responsibility to ensure that Your login details are kept securely. You must not disclose Your login details to anyone. NoiQ is not responsible for any abuse or misuse of Your NoiQ Account by third parties due to Your disclosure, whether intentional or accidental, whether active or passive, of Your login details to any third party.

2.2. Deposits into Your NoiQ Account

2.2.1. You may participate in any Game only if You have sufficient funds on Your NoiQ Account for such participation. NoiQ shall not give You any credit whatsoever for participation in any Game.

2.2.2. All information required to deposit funds into Your NoiQ Account, can be found under "CASHIER" and "Deposit" pages of the Website. You can use any of the methods available to You as specified in these pages as may be amended from time to time. Please note that some of the methods may not be available in some countries.

2.2.3. NoiQ has a NO FEE Policy. Players that deposit and withdraw directly without playing to profit from the system will have the FEES deducted from the Withdrawal amount. The FEE will be equal to what NoiQ covers for the transaction.

Your bank may independently charge You for bank wire transfers and other methods of payment.

2.2.4. We accept payments made in EUR, SEK, NOK, DKK, USD, GBP. You must choose one currency as the currency of Your NoiQ Account. Any payments received by NoiQ in a currency other than the one chosen by You as the currency for Your account will be converted into the currency chosen by You as the currency for Your NoiQ Account at the prevailing exchange rate. Please note that any exchange premiums are payable by You.

2.2.5. When using a credit or debit card for depositing funds, Your funds only clear when NoiQ has received an approval and authorisation code. Should NoIQ not receive such authorisation Your account will not be credited with those funds.

2.2.6. NoiQ reserves the right to use additional procedures and means to verify Your identity when effecting deposits into Your NoiQ Account.

2.2.7. NoiQ does not grant any credit for the use of its services.

2.2.8. Credit balances in Your NoiQ Account will not bear interest.

2.3. Payouts

2.3.1. When the outcome of a Game You participate in becomes determined or, where applicable, NoiQ has confirmed the relevant result of an event and settled the markets, all winnings will be held for the use of Your Member Account.

2.3.2. If NoiQ GROUP mistakenly credits Your NoiQ Account with winnings that do not belong to You, the amount will remain property of NoiQ and the amount will be transferred from Your NoiQ Account. If prior to NoiQ knowing about the error You have withdrawn funds that do not belong to You, the mistakenly paid amount will constitute a debt owed by You to NoiQ. In the event of an incorrect crediting, You are obliged to notify NoiQ immediately by email.

2.3.3. NoiQ will carry out additional verification procedures for any payout exceeding the equivalent of EUR2,000 and reserves the right to carry such verification procedures in case of lower payouts.

2.4. Withdrawals from Your Account

2.4.1. You may withdraw any amount up to the Available balance in Your NoiQ account by issuing NoiQ with a valid notice of withdrawal on the Website.

2.4.2. Notices for withdrawals must be made via the Website. NoiQ will not accept withdrawal demands made by telephone or by electronic mail. Employees of NoiQ are not permitted to bypass these instructions.

2.4.3. For Your protection in any twenty four hour period You may only withdraw the maximum amount of Euro 50,000 unless a larger amount has been agreed by prior arrangement.

2.4.4. NoiQ offers a wide range of withdrawal methods. Withdrawals can incur charges depending on the method selected. In addition, Your own bank may add a further handling charge. These charges may vary over time.

2.4.5. NoiQ reserves the right to credit You back using the same method as You have previously deposited with.

2.4.6. NoiQ may request ID for all withdrawals.

2.5 Closing Your NoiQ Account

2.5.1 You may close Your account at any time and NoiQ will return to You any and all funds from Your NoiQ Account subject to the deduction of relevant withdrawal charges.

2.5.2 The method of repayment will be at our absolute discretion.

2.5.3 NoiQ reserves the right to close Your NoiQ Account and to refund to You the Available balance, subject to the deduction of relevant withdrawal charges, at NoiQ’s absolute discretion and without any obligation to state a reason or give prior notice.

2.5.4 If You do not log onto Your NoiQ Account via the internet, using Your "User Name" and "Password" for a period of one (1) year, all balances may be removed from Your account after a notification has been sent to the registered e-mail address. If no transaction has been recorded on Your NoiQ Account for thirty (30) months, NoiQ shall remit the balance to You.

2.5.5 NoiQ reserves the right to withhold and remove any bonuses awarded to you if such bonuses have not been used within 6 month from the date when they were awarded.

3. Your obligations as a player

3.1. You hereby declare and warrant that:

3.1.1. You are over 18 years of age or such higher minimum legal age of majority as stipulated in the laws of jurisdiction applicable to You and, under the laws applicable to You, You are allowed to participate in the Games offered on the Website.

3.1.2. You participate in the Games strictly in Your personal non-professional capacity for recreational and entertainment reasons only;

3.1.3. You participate in the Games on Your own behalf and not on behalf of any other person;

3.1.4. You are not resident:

• American Samoa
• Estonia
• France
  
• Virgin Islands (US)
• Northern Mariana Island
• United States Minor Outlying Islands
• Cuba
• Hong Kong
• India
• Iran
• Iraq
• Macau
• Nigeria
• South Korea
• Turkey
• Malta

3.1.5. All information that You provide to NoiQ during the term of validity of this agreement is true, complete, and correct, and that You shall immediately notify NoiQ of any change of such information;

3.1.6. You are solely responsible for reporting and accounting for any taxes applicable to You under relevant laws for any winnings that You receive from NoiQ;

3.1.7. All money that You deposit into Your NoiQ Account are not tainted with any illegality and, in particular, do not originate from any illegal activity or source;

3.1.8. You understand that by participating in the Games You take the risk of losing money deposited into Your NoiQ Account;

3.1.9. You shall not be involved in any fraudulent, collusive, fixing or other unlawful activity in relation to Your or third parties’ participation in any of the Games and shall not use any software-assisted methods or techniques or hardware devices for Your participation in any of the Games. NoiQ hereby reserves the right to invalidate or close Your NoiQ Account or invalidate Your participation in a Game in the event of such behaviour;

3.1.10. In relation to deposits and withdrawals of funds into and from Your NoiQ Account, You shall only use credit card and other financial instruments that are valid and lawfully belong to You.

3.1.11.
The computer software that we make available to You is owned by NoiQ or other third Parties and protected by copyright and other intellectual property laws. You may only use the software for Your own personal, recreational uses in accordance with all rules, terms and conditions hereby established and in accordance with all applicable laws, rules and regulations.

3.1.12. Games played the Website should be played in the same manner as games played in any other setting. This means that players should be courteous to each other and avoid rude or obscene comments.

4. Responsible gaming

4.1 You may at Your discretion choose to exclude Yourself from playing any Games on the Website. In order to block Your access to the Games You must send an e-mail to support@noiq.com

5. NoiQ Rewards Program

5.1. NoiQ reserves the right to change the terms and conditions and rules for the NoiQ Rewards Program at any time, e.g. change the parameters for calculations of Points. If NoiQ suspects that You are engaged in illegal or fraudulent activities when using the NoiQ Rewards Program or in breach with NoiQ's Terms and Conditions, NoiQ may freeze or terminate Your NoiQ Account and/or a related account (e.g. a referred friend) at NoiQ's absolute discretion.

5.2. You are automatically a member of the NoiQ Rewards Program. You will earn points when playing NoiQ’s games for real money.

5.3. Gaming at NoiQ for real money is the only way to earn points.

5.4. You can start using earned points when they become available.

5.5. The points are personal and cannot be given to someone else.

5.6. All necessary information regarding number of earned points and available points are shown in "My account page".

6. Special rules

6.1 Certain provisions laid down in this section refer to the rules, terms and contractual provisions for specific games, which are found in a separate link from this page. The rules linked to from this page form an integral part of these Terms and Conditions and You shall be deemed to have accepted the special rules upon clicking the ‘I Accept’ button on this page.

Poker

6.2.1 NoiQ is Operated by ENTRACTION NETWORK LTD; Company Number C37197 address: Tigne Place Block 12 Office 2/3, Tigne Street, Sliema, SLM11 Malta; conducting its business and acting fully in compliance with the applicable laws of Malta.

NoiQ is an approved operator at ENTRACTION and awaiting for licence approval by the Maltese Authroities. The poker software is protected by copyright laws and international copyright treaties. All rights, including ownership rights and all intellectual property rights, in and to the poker software and related documentation and trademarks shall remain in ENTRACTION Network Ltd and/or its licensors and suppliers. Without prejudice to other clauses of this Agreement, your right to use the poker software will terminate automatically and immediately if you fail to comply with this Agreement. Upon termination, You must immediately stop using the poker software and you must delete all copies of the poker software. If the poker software is provided to you under a limited "trial period" or similar, your right to use the poker software will automatically terminate upon expiry of the applicable trial period and you must then immediately stop using the poker software and delete all copies of the poker software. You expressly acknowledge that the poker software may include functionality that will enable its licensor to disable your use of the poker software in case of your breach of this Agreement and/or that will automatically disable your use of the poker software upon expiry of any trial period.

Casino

6.3.1

NoiQ Casino is operated by NOIQ ENTERTAINMENT Ltd and is powered by Net Entertainment. NoiQ Casino is not liable for disputes relating to game play, as Net Entertainment under its own gaming licence and in terms of Maltese law is vested with game play responsibilities.

Sports Betting

6.4.1

NoiQ Betting is operated by NoiQ and is powered by ODDSMATRIX LTD. NoiQ Betting is not liable for disputes relating to betting, as ODDSMATRIX LTD under its own gaming license and in terms of Maltese law is vested with responsibilities.

Click here to read the complete rules and terms and conditions for NoiQ Betting powered by ODDSMATRIX LTD.

EPT Tournaments

6.5.1
"Euro Poker Tour Ltd ("EPTL") has granted this website/casino a Licence to run satellite tournaments for the various events of the European Poker Tour. However, the satellite tournaments which are offered by us are conducted at our own and absolute responsibility and accordingly participating in our satellite tournaments does not provide you with any right or claim towards EPTL. Furthermore, you should be aware to the fact that EPTL does not sponsor or endorse and is not associated or affiliated with this website/casino or its products and services (including the satellite tournaments).

7. Privacy policy

7.1. You hereby acknowledge and consent to NoiQ’s processing Your personal data for the purposes of allowing You access and use the Website and in order to allow You to participate in Games and to provide ancillary services to You.

7.2. NoiQ is bound by the Data Protection Act and shall process your personal data in accordance with the said Act. Moreover, NoiQ will protect Your personal information and respect Your privacy in accordance with best business practices and applicable laws.

7.3. NoiQ will only use Your personal data to allow You to participate in the Games and to carry out operations relevant to Your participation in the Games.

7.4. NoiQ shall also process Your personal data for the purposes of carrying out verification procedures in relation to Your participation in the Games.

7.5. Your personal data will not be disclosed to third parties, unless such disclosure is necessary for processing of Your requests, such as effecting transactions on Your NoiQ Account, or unless it is required by law. You hereby consent to such disclosures.

7.6. You have the right to access personal data held by NoiQ about You.

7.7. You must promptly inform NoiQ, by amending Your profile or otherwise, of any changes to information provided by You at the time of registration and opening of Your NoiQ Account.

7.8. In order to provide You with an efficient service, NoiQ and/or its service providers may require to transfer Your personal data from one country to another on world-wide basis. You hereby consent to Your personal data so transferred.

7.9. In the processing of Your NoiQ Acount and associated transactions, NoiQ may have recourse to credit rating agencies, fraud detection agencies, anti-money laundering agencies. You hereby consent to such disclosures.

7.10. In order to make Your visit to the Websites more user-friendly, to keep track of visits to the Websites and to improve the service, NoiQ collects a small piece of information sent from Your browser, called a cookie. You can, if You wish, turn off the collection of cookies (please refer to Your browser instructions as to how to do this). You must note, however, that turning off cookies may restrict Your use of the Websites.

7.11. You consent to NoiQ’s informing you from time to time about changes on the Website, new services and promotions. If You do not wish to receive direct marketing data You may opt out of such service.

8. Complaints

8.1. If You have a complaint, You can:


8.1.1. email customer support on support@noiq.com

8.2. NoiQ will use best efforts to resolve a reported matter promptly.

8.3. If You have a query with regard to any transaction, You may also contact NoiQ at support@noiq.com with details of the query. We will review any queried or disputed transactions. Our judgement is final.

9. Limitation of liability

9.1. You enter the Website and participate in the Games at Your own risk. The Websites and the Games are provided without any warranty whatsoever, whether express or implied.

9.2. Without prejudice to the generality of the preceding provision, NoiQ, its directors, employees, partners, service providers:

9.2.1. do not warrant that the software or the Website is/are fit for their purpose;

9.2.2. do not warrant that the software and Website are free from errors;

9.2.3. do not warrant that the Websites and/or Games will be accessible without interruptions;

9.2.4. shall not be liable for any loss, costs, expenses or damages, whether direct, indirect, special, consequential, incidental or otherwise, arising in relation to Your use of the Websites or Your participation in the Games.

9.3. You hereby agree to fully indemnify and hold harmless NoiQ, its directors, employees, partners, and service providers for any cost, expense, loss, damages, claims and liabilities howsoever caused that may arise in relation to Your use of the Website or participation in the Games.

10. Anti-money laundering reporting

10.1. NoiQ complies with the Anti-Money Laundering Act. NoiQ shall report any suspicious transaction to the relevant competent authorities.

10.2. If You become aware of any suspicious activity relating to any of the Games of the Website, You must report this to NoiQ immediately.

10.3. NoiQ may suspend, block or close Your NoiQ Account and withhold funds if requested to do so in accordance with the Anti-Money Laundering Act.

11. Breaches, penalties and termination

11.1. If You breach any provision of these T&C or NoiQ has a reasonable ground to suspect that You have breached them, NoiQ GROUP reserves the right not to open, suspend, close Your Member Account, withhold any money in your account (including the deposit) and apply such funds on account of any damages due by You.

11.2. If NoiQ GROUP suspects that You are engaged in illegal or fraudulent activities when using the Website; or in breach of this Agreement; or that You are having problems with creditors or otherwise detrimental to our business, we may freeze or terminate Your account or cancel any stakes at our absolute discretion.

11.3. You acknowledge that NoiQ shall be the final decision-maker of whether You have violated NoiQ ’s rules, terms or conditions in a manner that results in NoiQ’s suspension or permanent barring from participation in our site.

12. Intellectual property

12.1. NoiQ is the sole owner of the trademark NoiQ and the NoiQ logo. Any unauthorised use of the NoiQ trademark and the NoiQ logo may result in prosecution.

12.2. www.noiq.com is the uniform resource locator of NoiQ and no unauthorised use may be made of this URL on another website or digital platform without our prior written consent.

12.3. NoiQ is the owner or the rightful licensee of the rights to the technology, software and business systems used within this Website.

12.4. The contents and structure of NoiQ´s Website pages are subject to copyright © and database right in the name of NoiQ ENTERTAINMENT Limited. All rights reserved. The copyright in this Website including all text, graphics, code, files and links belongs to NoiQ and the site may not be reproduced, transmitted or stored in whole or in part without our written consent. Your registration and use of our system does therefore not confer any rights whatsoever to the intellectual property contained in our system.

12.5. Links to the Website and any of the pages therein may not be included in any other website without the prior written consent of NoiQ.

12.6. You agree not to use any automatic or manual device to monitor or NoiQ web pages or any content therein. Any unauthorised use or reproduction may be prosecuted.

13. Severability
If any provision of these T&C is held to be illegal or unenforceable, such provision shall be severed from these T&C and all other provisions shall remain in force unaffected by such severance.

14. Assignment
NoiQ reserves the right to assign or otherwise lawfully transfer this Agreement. You shall not assign or otherwise transfer this Agreement.

15. Entire Agreement and Admissibility

15.1. This Agreement constitutes the entire agreement between You and NoiQ with respect to this Website and save in the case of fraud it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between You and NoiQ with respect to this Website.

15.2. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

16. Applicable law and jurisdiction These T&C are governed by the Laws of Costa Rica and the parties submit to the jurisdiction of the Costa Rican courts.