SuperGame.be Terms and Conditions
General contract conditions www.supergame.be
Tonalty Amusement NV offers games of chance on the website www.supergame.be.
If you do not agree with the terms of present agreement, do not click on “I agree” and stop consulting the website www.SUPERGAME.be, downloading, installing or using, in any way whatsoever, the software immediately and remove the software from your computer.
Please make sure you understand all the terms of this agreement. If you have any doubts concerning the rights and obligations for yourself or Tonalty Amusement NV, arising from this agreement, please contact a lawyer before signing up.
The games offered by Tonalty Amusement NV comply with the Belgian regulations. It is important that you are informed about the laws valid in your country before you sign up. Tonalty Amusement NV bears no responsibility herein. Certain games may be prohibited by law in your country or subject to certain conditions.
Supergame.be is a website with url www.supergame.be, operated by Tonalty Amusement NV. Tonalty Amusement NV is a limited company under Belgian law, with registered office in 2018 Antwerp (Belgium), Statiestraat 40, and with company number 0458.780.603 (RPR Antwerp). SUPERGAME is a trademark and trading name of Tonalty Amusement NV, as well as the designation of a branch unit of Tonalty Amusement NV, with number 2.079.223.209, in 2018 Antwerp, Breydelstraat 29. Tonalty Amusement NV holds, among others, license B+8543 by the Belgian Gaming Commission for the operation of an online amusement arcade (gaming device class II), incorporated in the website www.supergame.be.
- User account: the user account is a personal account opened by a customer (the “Player”), which grants this person, in accordance with the terms of this agreement, access to the software for the online games. The account can be of temporary or definitive nature.
- Agreement: all clauses set out in these general contract conditions as well as all rules and detailed instructions of the software and the games that are available on the website.
- Player: refers to any person aged 21 or older who have registered on the website and have a user account (Free Player and Cash Player).
- Software: refers to all programs, files and data or any other content on the website www.supergame.be (the “Site”) or derivative content that allows the Player to participate in the online games.
- User name and password: the user name and password that the Player has chosen upon registration on the online gaming website.
- We or Supergame: Tonalty Amusement NV.
- Playthrough/Turnover: if applicable, i.e. in cases where bonus money is eligible for withdrawal, the number of times that the minimum bet amount must be wagered as part of a bonus before the bonus can be withdrawn by the Player.
- Site: refers to the website available under the URL www.supergame.be and any other site that can be accessed via links and/or any other access.
- You: the Player and, in general, every user of the software.
- The Parties: refers to the user of the software and Tonalty Amusement NV.
This Agreement governs the access to the Site and the Software and participation in the online games, which are, for free or against payment, available on the Site and for which Tonalty Amusement NV operates under the authority of the Belgian Gaming Commission.
4. SCOPE, ENFORCEABILITY AND NO RIGHT OF WITHDRAWAL
The Agreement constitutes, together with the detailed rules and instructions on the Software and the games of chance, including the rules of play, the rules regarding promotions, bonuses and special offers, offered by Tonalty Amusement NV, the entire agreement between the parties and supersedes any other previous agreement. It is applicable to all relations between the parties, including, but not only each access by a Player to the site and the software and any participation of the Player from the moment of his registration.
The application of this Agreement is an essential part of the agreement between the Player and Tonalty Amusement NV. Subject to what follows, modifications can only be implemented in writing and by mutual agreement. The Player can in no way claim the application of any conditions whatsoever, other than the present general contract conditions.
Tonalty Amusement NV reserves the right to amend these general contract conditions unilaterally and undertakes to, in such case, notify the Players of the new version and date of entry into force via the site. Tonalty Amusement NV can prove the cognizance by the Player of the revised general conditions by any means of law (the law of evidence in commercial matters is declared universally applicable) and it may thus be sufficient to submit a print screen, taken from the website on the date of uploading the latest version of the general conditions.
Each participation by the Player in the game that is offered on the site supposes the prior consultation of these general contract conditions and the express acceptance by the Player. Checking the message: “I confirm that I am 21 old and I accept the terms and conditions” upon registration of the Player as set out in article 5 of these general contract conditions are considered an electronic signature.
This electronic signature has, between the parties, the same value as a handwritten signature. It is the proof that the Player has taken note of the agreement and proof of his consent for his registration and approval of the agreement which becomes, as a result of the foregoing, enforceable. It also expresses the approval of the Player regarding the recoverability of amounts due under this registration and of all outstanding amounts resulting from the participation of the Player in the games offered on the site.
4.3. No right of withdrawal
Pursuant to art. VI. 53, 14° of the Code of Economic Law, the Player has no right to withdraw from the agreement in the sense of art. IV.47 of aforementioned Code.
5.1. Creation of a User Account
The access to the software and participation in the games offered on the site is reserved for Players who have validly registered on the site by completing the registration form on the site. In this registration process, the Player must identify himself by entering his username, email address, password and the following information: last name, first name, address, nationality, date of birth, country of residence, national number or passport number and any other information that is requested in the online registration process.
Upon registration, the Player undertakes to provide accurate and complete information and to keep it up to date; it is therefore forbidden to enter information that is incorrect or contrary to public policy or morality, to assume the identity of a third party or to choose a user name that can cause confusion with another Player.
It is forbidden to create multiple user accounts, from the same computer or from multiple computers and/or the same internet access. The user account is personal and in the name of the Player and should in no way be transferred to a third party, not even for free.
The games offered on the site are reserved for the Players, physical person aged 21 or older who are not excluded by the Gambling Commission and/or the applicable laws in his country;
In accordance with the applicable Belgian legislation, playing the games offered on the site www.supergame.be is prohibited for judges, notaries, bailiffs and members of the police outside the course of their duties.
By creating an account on the site www.supergame.be, in accordance with the procedure laid down in article 5.1. of present general conditions, the Player declares on his honour that he does not exercise a profession that is in breach with the provisions of this article.
Registration is reserved for users who have full legal capacity under the laws in force in their country of residence. Players who, for whatever reason, are subject to a protection measure, who are for example placed under provisional administration, or who, for whatever reason, are not allowed to participate in games, lotteries, casinos are prohibited to register for the games. In all cases, a person who is incapable in the sense of article 1123 and according to the Civil Code, can in no way register for or participate in the games. SUPERGAME may however never be held liable for any registration in spite of the foregoing and may never be held to any refund or compensation in that case.
By accepting present general conditions by checking the message “I confirm that I am 21 old and I accept the terms and conditions”, the Player declares to meet above-mentioned conditions.
The information that is provided when creating a user account must be truthful, complete and accurate and be updated by the Player. The Player undertakes to notify Tonalty Amusement NV within a period of thirty (30) days of any change in the data he provided upon registration. If it appears that aforementioned registration conditions are not/no longer met or if the provided information is not or no longer correct/honest/complete/up to date, Tonalty Amusement NV reserves the right to refuse access to the software, to refuse the creation of a user account and to apply article 8 of this agreement.
5.2. Registration procedure
The registration procedure described in this article makes it possible to open a user account.
Step 1: Cash or Free Player
SUPERGAME distinguishes two types of Players: the free Player (hereinafter “Free Player”) and the Cash Player (hereinafter “Cash Player”).
a) “Free Player”: a Free Player is someone who visits the site without depositing money. Free Players wishing to participate in a game can register in advance by providing a valid email address, date of birth, place of birth, national insurance number, user name and a password but this registration is not necessary. Free Players can freely try out the games offered on the site. If a Free Player decides to participate in a game by depositing a sum of money into his account and to wager it, he or she must register in accordance with paragraph b) of this section and he or she becomes a “Cash Player”.
b) “Cash Player”: to participate in games with monetary wagers, the Cash Player must complete his or her registration with their identification data and the Gambling Commission will approve or disapprove. These identity data include last name, first name, address, date of birth, email address, payment credentials. Next, the Player must perform an initial payment in their SUPERGAME account. When the password, email address or payment credentials are changed, a confirmation email is sent to the email address the Player provided upon registration. The Cash Player may participate in all games offered by SUPERGAME and wager money in the context of the games in which he or she participates. To this end, each Cash Player has an account on SUPERGAME. The Cash Player can always participate in free game sessions to practice. No money must be wagered for these practice games. Name, first name, national number, date of birth and place of birth can only be changed through the helpdesk.
Step 2: Identification of the Player
- SUPERGAME reserves the right to prohibit the use of a pseudonym or password that is deemed inappropriate or in breach with public order or morality.
- Each time the Player connects to the site, he must enter his password so he can be identified by SUPERGAME. Only the login name can be set in advance.
- Only the pseudonym (username) will be visible to other users, the password remains strictly confidential and personal to the user.
- SUPERGAME recommends the user to choose a pseudonym that is clearly distinguishable from their full name. As soon as SUPERGAME has validated the pseudonym chosen by the Player, it is no longer possible to change it.
- SUPERGAME is in no way obliged to remember the passwords and account names of the Players; only the Players themselves are responsible for this.
- If the User has forgotten his password, he must click on the line “FORGOT PASSWORD?” on the home page of the Site and enter the email address and date of birth associated with this user account.
SUPERGAME then sends the User an email with a link to set a new password.
- In case of loss, theft or forgetting the identification data, the user must send an email to SUPERGAME via the email address firstname.lastname@example.org. SUPERGAME will take all necessary measures to grant the Player access to this account again, after verification of his identity.
Step 3: Statements of the Player
- The Player is asked to indicate whether he wishes to receive commercial information (newsletters), such as advertisements, from SUPERGAME or its partners.
- By checking the box “I Want To Be Kept Up To Date On Special Offers, Bonuses And Exclusive Promotions Via Email.”, the Player indicates that he wishes to receive aforementioned commercial information.
- Furthermore, the users declare on their honour:
- That they have taken note of the Agreement and agree to all terms and conditions;
- That he is at least 21 years old.
- Without this solemn declaration, the Player cannot continue their registration process.
- With a click on the button “Sign Up”, the part of the form regarding the solemn declaration is checked. If data have been omitted or if data seem to be inconsistent, an error message appears. If everything is OK, the user continues the registration process moving on to step 4.
Step 4: Validation of the user account’s email
To validate the email address, an email containing a hyperlink is sent after completing the detailed registration form following the steps described above. The Player must click on this link to be taken to a page where he is will be informed that their account has been validated.
5.3. Access, treatment and management of the Player’s personal data
A. Access by failing to verify the Player
In accordance with the applicable European and national rules, the Player has a right of access to the file and the right to correct the information with regard to the part “Personal Information” under “My Account”. By clicking on the tab “MY ACCOUNT” on the home page of the site, the Player has access to their personal information at any time.
The Player can change his password by entering the old password and then entering the new password two (2) times. All other changes require the intervention of the customer service, as discussed in article 10.2. The Player can exercise his right to delete the information relating to him by contacting the customer service as discussed in article 10.2. or by sending a letter to the address of Tonalty Amusement NV that is mentioned in article 1.
Any request to exercise the right of access and the right to have information removed can also be submitted in writing and must bear the signature of the applicant, the address to which the reply should be sent and proof of his identity. This request must be sent by email to email@example.com. SUPERGAME will respond within a maximum period of one (1) month after receipt, provided that the request is sufficiently accurate and contains all the necessary elements to respond to the request, otherwise SUPERGAME will ask you to supply the missing data.
B. Treatment and use of the personal information of the Players
SUPERGAME collects and processes personal details in accordance with the Act of 8 December 1992 on the protection of privacy in relation to the processing of personal data, taking into account all amendments. You can find your rights in this respect on the website www.privacycommission.be.
It is Tonalty NV who is responsible for the processing. The person within the company who is responsible for the processing of personal data and for answering questions from Players on this topic can be reached at the address firstname.lastname@example.org.
All information under 5.1 and 5.2. is personal and confidential. SUPERGAME undertakes to treat these data as such.
The Player’s personal information is only accessible to employees and service providers of SUPERGAME, who have the task to manage the Site or provide services. The recipients of the data are SUPERGAME and all companies that are part of it.
The internal services of SUPER GAME will only use the personal information to process the registrations and participation of the Players in the games, their participation in the chat rooms, the potential transmission of newsletters (if and insofar the Player has given his consent upon registration), or to improve and personalize the communication, in particular by letters or e-mails with information or within the framework of the personalization of the site and the proper functioning of the games, the participation of the Players in games and chat rooms on the site and for the potential transmission of newsletters, depending on the choice made by the Player upon registration.
SUPER GAME undertakes to not transfer any personal information, whether for free or not, to third parties, except if the Player has authorized the use of their personal data in accordance with Article 5.2.A, step 3.
SUPER GAME may, after obtaining the personal, prior and explicit consent of the Player, transfer all or part of the Player’s personal data to its contractual partners for the purpose of acquisition and in particular commercial acquisition. The Player has the right to object against the use of his personal data for marketing purposes and in particular for commercial marketing purposes by SUPERGAME or its commercial partners.
The Player confirms that he has been informed and that he accepts that SUPERGAME also offers consolidated statistics on the Players, the games, the structure of the exchanges and information offered on the Site to partners. These statistics contain no personal data.
The Player agrees that SUPERGAME, both on its site and on the sites of its partners, mentions the Player’s pseudonym when he wins a tournament or wins money and/or a prize.
Some pages of the Site may contain electronic images or web beacons that are used to count the number of visitors to the page. These web beacons may be used in conjunction with certain partners of SUPERGAME, particularly to measure and improve the effectiveness of certain actions. The information obtained through these beacons only serve to gather statistics on the use of certain pages on the Site with a view to improve the service for the Players.
The Player explicitly declares that he agrees.
SUPERGAME reserves the right to transfer personal data supplied by the User, either to comply with a legal obligation or on the basis of a judicial or administrative decision. The Player declares to have taken note of this and agrees that this information is transferred to the Gaming Commission, in accordance with the legal requirements.
This article cannot be used to prevent the transfer of SUPERGAME’s activities to a third party.
C. Data storage
The personal information of the user is stored on SUPERGAME’S game servers. Third parties have no access to this information.
All data are stored in encrypted and protected files. In the event that a third party gains access to these files, SUPERGAME will make every effort to ensure that the files are unreadable.
These data are stored until the termination of the user account, which the exception of the data that are necessary in order to establish proof of a right or an agreement, which may be retained by SUPERGAME over an extended period of time.
The data for the provision of the service are communicated to SUPERGAME’s service providers.
In all cases, in the event of termination of a registration after fraudulent use of the games or the Site, SUPERGAME reserves the right to keep all data related to the deleted account, including but not limited to, the credentials (pseudonym, password, IP address, contact details) and the history of activities (games played, game statistics, withdrawal requests, etc.).
D. Responsibility of the Player
It is the responsibility of the Player to ensure the strict confidentiality of his personal data and, in particular, his password.
The storage, use and disclosure of his credentials is under full and exclusive responsibility of the Player. The Player declares in particular that he has been warned about the inherent insecurity of using the function of automatic storage of credentials that his computer system may offer, and the user agrees to bear full responsibility for the use and possible consequences of a such function.
SUPER GAME advises users to not share their personal data via e-mail or fax if SUPERGAME has not expressly requested to. It is up to the user to verify in advance whether SUPERGAME is actually the transmitter of these requests.
Any use of credentials is supposed to be made by or with the consent of the user. Consequently, SUPERGAME can under no circumstances be held responsible for the harmful consequences for the user when these result from improper or fraudulent use or abuse of his credentials and of the access to the Site by third parties without the explicit consent of the user. The user therefore remains solely responsible if he cannot gain access to his account when he has forgotten his credentials (for which recovery procedures exist (art. 5.3)).
Any unauthorized use of the user’s login information must be reported as soon as possible to SUPERGAME so that, after registration of the appeal of the user, they can take the necessary steps to stop the consequences of this fraudulent use. This also applies if the Player suspects that one of his credentials is no longer confidential. Notification by the Player of the unlawful use can in no way lead to an obligation for SUPERGAME and is without prejudice to the responsibility of the user, assuming that the Organizer is unable to protect itself against the effects of such use.
SUPERGAME reserves the right to require the user to change his username and password if it considers that one of these two does no longer meet the safety standards. SUPERGAME also reserves the right to deny the user, in accordance with Art. 8 of this Agreement, temporarily or permanently, access to the Site with his username and password, if they find that this is abused and, more generally, in the event of breach of this agreement.
SUPERGAME rejects all responsibility in all cases of abuse of the username or password of a Player. Furthermore, SUPERGAME is in no way liable for the consequences of not changing the password by the user.
6.1. Compliance with legal provisions governing access to and participation in the games
The Player agrees to abide by the Belgian law and to the laws in force in his country of residence. He undertakes not to participate in any game if he is not yet 21 years old, does not have legal capacity, does not have permission to play games or if the law in his country of residence prohibits it or he is the subject of a gaming ban.
The player is authorized, provided that the registration is in conformity with Article 5 of this Agreement, to use the site, the software and games for non-commercial purposes. This right is granted for personal, non-exclusive and non-transferable use of the software, subject to compliance with this Agreement and in particular the following conditions:
1. All information in the registration form is sincere, correct and complete, and corresponds to the information listed on your ID card and your bank card used for cash deposits and withdrawals.
2. Participation in the games is remotely only by means of the Site and the Player’s credentials. The site is accessible through any computer device, in particular a computer, a mobile phone or any other medium that allows you to establish an Internet connection (Smartphones, iPhones, iPod touch, game consoles, SmartTV etc.).
The Player declares that he is aware that access to the Site and participation in the Games presume that he has an Internet connection with which he has access to the Site. He agrees that SUPERGAME is free from any responsibility in the event that access to the Site and participation in the Games is impossible for reasons of force majeure or the use of inadequate equipment by the Player or equipment that is configured by a third party in such way that the Player cannot access the Site.
The Player guarantees SUPERGAME that the used equipment is free from defects that affect the operation of the Site, the Software and the games. He therefore undertakes to use up-to-date antivirus software.
3. The use of the Software, the Site and the Games will be granted for personal use by the Player who has duly registered in advance. A Player cannot permit a third party to use their account, password or identity to access the Software, the Site or the games. SUPERGAME will not accept any complaint regarding any activity conducted on an account by a third party.
SUPERGAME is in no way responsible for fraudulent use or abuse of a user account or stolen debit or credit cards, even if this fraudulent use or abuse of the user account or the theft of the cards is reported to SUPERGAME. This also applies if the player forgets or loses their password.
The Player remains fully responsible for the use by a third party, whether or not they were granted permission from the Player, of his computer equipment, his email address, his nickname/username and/or password and credit card number. He will meet the requirements of Article 5.3.D of present agreement and will not hold SUPERGAME responsible for any use of his credentials by a third party. The Player undertakes to take all appropriate measures to keep this information confidential. Therefore, he shall in particular ensure that he logs out at the end of each session.
The Player further ensures that the links that he uses to take part in the game, take him to the site and in particular the web address www.supergame.be. Any participation in the games outside the Site, and in particular through a different web address than www.supergame.be is considered non-existent; the Player cannot hold SUPERGAME liable for any consequences.
4. SUPERGAME reserves the discretionary right to limit or deny any bet or wager made by the user or made through his user account.
5. The Player undertakes to not show any behaviour that could damage the reputation of SUPERGAME, the Site, the software, the games or other players or that could undermine the proper functioning of the Software, the Site and the Games.
He undertakes to not change the instruments of the proposed games or to not attempt to modify, primarily with the aim of influencing the results or any element determining the outcome of a game and the winners of a game, in any way.
The Player guarantees that he will not try to use the stochastic calculation (the martingale), or any software that would be provided with artificial intelligence with regard to the use of the software or the games. In case SUPERGAME reasonably believes that the Player has modified or tried to modify the instruments of the games offered, has used or tried to use a martingale or a product with artificial intelligence, then SUPERGAME reserves the right to immediately terminate or block the account, to refrain from refunding the amount credited to the player account and to prohibit access to other websites, services and software that SUPERGAME would offer, and all this without any form of recourse whatsoever.
Moreover, and more generally, the Player, undertakes to:
- By means of any procedure or instruments whatsoever, to refrain from any form of manipulation of the Site, the Software or the games with a view to influence the odds of winning or of themselves or other Players or to influence the odds of losing of other Players:
- Not use any robots, research programs or other manual or automatic procedures to determine, index, store, record or reproduce the structure or presentation of the Site, the software or the games.
- Not limit, unlawfully usurp or prohibit the access by other Players to the Site, by means of any procedure or instruments whatsoever, including through the use of software, piracy, abuse or totally or partially modifying the Site;
- Not use the Site, the Software or the games, their full or partial content, for illegal purposes or to the detriment of the interests of SUPERGAME, other Players or third parties.
6. The Player states and guarantees that he has read and fully understands and accepts the rules of the games on the Site.
The Player states in particular that he is aware and agrees that it is possible that he obtains no profit or even loses money when playing games of chance available on the Site. He undertakes to solely bear the consequences of any financial loss and refrains from any claims, for this reason, with respect to SUPERGAME. This is particularly the case if the player were to suffer a loss that is greater than the loss per hour regulated by the Gambling Commission, on their own initiative or as a result of a failure on the Site.
The Player states and guarantees to SUPERGAME that the funds he uses for playing on the Site are not of illegal origin and undertakes to not use the Service for the purpose of money transfer or not carry out any unlawful or fraudulent activity or any prohibited transaction (including money laundering), in accordance with the laws of all jurisdictions to which he belongs.
The player also entitles SUPERGAME to request at any time a proof of the deposit of a customer for all other payments (e.g. a receipt of Hipay, Docdata). SUPERGAME reserves the right to ask the Player’s bank account number, without any reason.
7. The Player guarantees that he will not force or attempt to force or get around the security measures taken by SUPERGAME, including the measures relating to the registration in any way.
The Player undertakes to use the website, as well as any other related and/or incorporated element, in particular: hyperlinks, software, databases, editorial content, graphics card, etc. in accordance with the provisions of present Agreement, solely for the non-commercial purposes of the games offered by SUPERGAME. If SUPERGAME has the slightest doubt about compliance with this clause, SUPERGAME reserves the right to immediately terminate or block the Player Account, to refrain from refunding the amount credited to the player account and to prohibit access to other websites, services and software that SUPERGAME would offer, and all this without any form of recourse whatsoever.
8. The Player states to be aware that any amount of money in his user account cannot muster any interest; he guarantees that he will submit any complaint as such, regardless of the time the money remains tied to his user account.
9. The Player agrees to not participate in the games with a user account of another player, or by using the same computer and/or Internet connection as another player.
The Player guarantees that he will not abuse the possibility of opening several accounts per player. Each player has the permission to open one single player account only.
In case SUPERGAME would discover that a Player has more than one player account, SUPERGAME reserves the right to block all accounts of the Player, including but not limited to, all transactions relating to the user accounts, until a full regularization.
The Player guarantees that he will not abuse the possibility of opening accounts in order to benefit from credits, bonuses and promotions offered by SUPERGAME. In the event of improper use on the part of the player in relation to bonus credits and/or promotions offered by SUPERGAME, SUPERGAME reserves the right to immediately terminate or block the user accounts that were created for this purpose and related transactions in its sole discretion.
10. The Player is required to fulfil all their possible obligations. He is solely and fully responsible for what concerns the registration, payment and accounting of taxes and any other fees or special taxes which the player would be legally owed to any concerned government in case the Player makes any profit;
11. The Player agrees to not refer to the Site, the Software or the games on any medium whatsoever without SUPERGAME’s permission and in particular, to refrain from any form of advertising, for example, by inserting hyperlinks or by sending unwanted e-mails or messages to players or third parties.
12. The Player undertakes to not collect any information on the Players or, more generally, on all third parties who consult the Site.
13. The Player states to be aware that SUPERGAME may change the contents of the Site, the software and the games without prior notice. He therefore undertakes to take note of such changes as soon as these are communicated by SUPERGAME. Therefore, any adjustment will be notified to the Players through the NEWS section or by some other means.
14. The Player can get free access to and participate in the chatrooms offered to him on the Site (real time chat, forum), subject to the observance of the current legislation and present Agreement.
The Player undertakes to respect the basic rules of good behaviour, politeness and courtesy and shall in particular:
- Remain courteous and friendly to his interlocutors;
- Avid personal attacks;
- More particularly, for the forum applies the following:
- Do not repeatedly post the same message in different topics/forums (multi-posting);
- Take the effort to use the search function before creating a new topic that may already exist on the forum.
The Players are expressly forbidden to spread, propagate or contribute to the distribution of messages with a hateful, racist, anti-Semitic, xenophobic, homophobic, defamatory or which are harmful to public order and morality or, more generally, derogatory or offensive messages through any medium whatsoever, including chatrooms, relating to the Players, the Site, the Game or the Organiser.
Also prohibited the chatrooms are messages that are contrary to the spirit of the Site, such as but not limited to, messages that contain a particular political or religious standpoint or opinion, undesirable, excessive or misplaced messages, messages that mislead other players about the rules or by assuming the name of other persons and in particular, by pretending to be an employee, co-worker, partner of SUPERGAME or any other company of which SUPERGAME is part, as a moderator or administrator.
Likewise, it is forbidden for a player to impersonate another player or a celebrity or to communicate under a false name, a false identity or false pseudonym, or to lie about his majority or minority. It is also prohibited to download, display or transfer, in any way, any content containing computer viruses or any other code or software designed to hinder, falsify, interrupt, destroy or limit the normal functioning or functions of the Site, the Software or the Games.
SUPERGAME reserves the right remove posts from forums and chatrooms, if these are found to be in breach with these provisions.
It is expressly agreed that the Player is solely responsible for the content of the messages he posts on the in the chatrooms. SUPERGAME can in no way be held liable for the content, particularly for the illegal nature of the content in respect of the current legislation, any loss or damage resulting from the use of posted content, that was transmitted via instant messaging or through the chatrooms or forums. The Player will be obliged to indemnify SUPERGAME from any claim from third parties for any failure by the player to fulfil his obligations under present provision or the legal and regulatory provisions in force.
SUPERGAME may in its own discretion assign or not assign temporary bonuses to the Player, which can be used in the games offered by SUPERGAME. Bonuses are always subject to the conditions stated on the Site. SUPERGAME may in its own discretion and without this resulting in any claim from the Player, change the terms of a bonus or cancel a bonus altogether, whether or not with retroactive effect.
The amount of the bonus itself is in principle not eligible for payment to the Player, but only where appropriate, through the wagering of a bonus generated profit. Only in exceptional cases and under strict conditions, always including the requirement of achieving the required playthrough, the bonus amount itself may become eligible for pay-out to the player, after the player has realised at least one deposit of minimum €5 (five Euro).
The Players’ bonuses are personal and cannot be passed to a Player or a third party. It is not permitted that several players merge their profits, bonuses or loses.
The wagers with money must be played before all bonuses/each bonus.
A bonus can be awarded to and/or received by a Player only once.
Bonuses are not mutually combinable.
A Player is not entitled to any bonus or the pay-out of it nor to the pay-out of the profits achieved using the bonus, if the grant or pay-out thereof would be the result of a software and/or human error, or in cases of abuse.
The following cases are regarded as abuse: if a Player withdraws the money that he has deposited to obtain a bonus and play with the bonus credit only, if a Player makes a deposit with the sole objective to get a bonus without having the intention to play, if a Player repeatedly abuses the bonuses or promotions offered by SUPERGAME or the promotion of one of its partners by depositing a minimum amount in order to play with the bonuses; if a Player creates multiple Player accounts to benefit from the same offers multiple times; if a Player repeatedly withdraws bonuses that are offered upon first deposit or offered under other promotion upon deposit which may be withdrawn by the player to play with the chips offered by SUPERGAME only.
Abuse of promotions offered by SUPERGAME with deposits (applies but is not limited to promotions of our partners in payments, our certificates and/or compensation certificates), only by paying a minimum amount to play with bonuses, can cause SUPERGAME to, at its sole discretion and without possibility of appeal, classify the user as “bonus abuser” or block and/or terminate the player Account as well as all associated transactions.
SUPERGAME completely and at its sole discretion reserves the right to classify a Player as a bonus abuser. From the moment SUPERGAME has declared a user to be a “bonus abuser”, he/she can no longer benefit from any promotional bonuses.
6.3. Priority of results recorded by SUPERGAME
In the event of a discrepancy between the results displayed on the Site, and the result that is recorded by electronic servers via the Software, directly or indirectly by SUPERGAME, this latest result will always prevail.
The Player acknowledges and accepts that only SUPERGAME’S electronic files apply as evidence.
As a result, only the data and registrations directly or indirectly obtained and/or stored by SUPERGAME shall be considered as proof of the rights and obligations of SUPERGAME and the Player, regardless of the medium.
A. Management of the user account by the Player
The use of the user account by the Player is strictly limited to participation in the online games available on the Site. Money can only be deposited into the user account for this purpose, to the exclusion of any other use, such as bank account. The Player Account is in no way insured or guaranteed and the origin of the funds placed by the player or by a third party into the Player’s account can in no way be checked by SUPERGAME. SUPERGAME waives any responsibility in that regard and the player will be obliged to fully indemnify SUPERGAME for any compensation claims from any third party, whether for principal, interest or (legal) costs, whereby the player will always be obliged to pay to SUPERGAME the applicable maximum amount of compensation for legal costs.
Subject to compliance with the provisions of this Agreement, SUPERGAME undertakes to carry out the Player’s request for pay-out of the profit at the first request, provided that the balance on his account is positive.
The withdrawal of the assets available in the Player account depends on the existence and maintenance of a valid user account. SUPERGAME reserves the right to ask for any information and documents which it considers necessary to accept deposits or withdrawals.
The payment of sums of money will only be carried out by SUPERGAME if the player has no outstanding debt with SUPER GAME and after verification that the game is played correctly, without deceit, fraud, and that no software failure or human error led to illicit gain or loss for a player.
Payments may, subject to exceptions upon written request, only be made to the bank account number specified by the Player, of which the Player is the holder. The Player must ensure that the specified bank account number is correct.
SUPERGAME takes no commission or other charges on deposits or withdrawals, regardless of the mode of payment. In contrast, SUPERGAME reserves the right to charge a 20% fee on transactions (withdrawals and deposits) which are not intended for participation in the games (especially among others, non-exhaustively, in the case of successive deposits and withdrawals without wagering or any abuse of the user account or the bonuses).
The Player agrees to be aware that, depending on the payment method used, fees may be charged by the bank or payment intermediary. SUPERGAME can in no case be held liable. The Player is obliged to gain information in advance from a financial institution or payment intermediary about possible transaction costs that may be charged to him.
The Player confirms that he is aware that any financial transaction is subject to the customary banking terms. It is also the responsibility of the Player to check that all the information necessary to validate the transaction is passed to SUPERGAME.
SUPERGAME can in no case be held liable if a deposit is made into a Player’s bank account that is hacked.
B. Responsibility of the Player
SUPER GAME uses private/public encryption in order to ensure the confidentiality of the Players’ passwords and to protect access to the software and the games to its best endeavours. As a result, the Player is fully responsible for the proper functioning of its user account and the confidentiality of his password.
The Player undertakes to not use the means of payment or the user account of a third party or from another Player, even if this person agrees.
He explicitly undertakes to not object to or to not order his bank to cancel any payments due to SUPERGAME, for any reason whatsoever. This includes all amounts credited to his account using his debit card. In other words, the Player undertakes irrevocably and definitively to not make any objections or not to refuse payment of the amounts due to SUPERGAME.
The player also grants SUPERGAME the right to collect all amounts that he wrongly received in his user account as a result of fraud or malfunction on the site or the games.
The Player agrees to indemnify SUPERGAME for any loss they may suffer in connection with the payments or defaults by the player or improper use or abuse of the user account.
If SUPERGAME suspects that a Player does not have the minimum age to play, they will refund the deposited money as soon as possible. Moreover, any profits that the user would have received are confiscated until the user has provided irrefutable proof that he has the minimum age to play.
The Player agrees that:
- SUPERGAME checks the creditworthiness of the Player, with the assistance of financial institutions and providers of payment by third parties, based on the information provided by said user at the time of his registration.
- SUPERGAME uses electronic payment processors of third parties and/or financial institutions, which manage the payments by the user for the use of the Software and games.
- SUPERGAME blocks the user accounts of Players who are suspected of fraud, deceit or any other kind of use of the Site or the games that is inconsistent with this Agreement;
- SUPERGAME opposes against the use of certain debit cards that are linked to illegal activities, fraud, deceit or non-compliance with this Agreement.
- SUPERGAME is obliged to the ask the Player for details of his bank account and financial interactions that took place in the context of the use of the Site at the initiative of the Player.
- SUPER GAME can in no case be held liable for fraudulent use or abuse of a user account or stolen debit or credit cards, even if this fraudulent use or abuse of the user account or the theft of the cards is reported to SUPERGAME.
6.5. Responsibility of SUPERGAME
As a dedicated professional, SUPERGAME undertakes to take all measures necessary to ensure the access to the Site, the software and the games. SUPERGAME’s commitments are effort commitments and no result commitments.
Any complaint must, under penalty of forfeiture, be reported in writing to SUPERGAME within 14 days after the occurrence of or the acquisition of knowledge by the Player of the fact giving rise to the complaint; the Player bears the burden of proof to show that this period has been observed and SUPERGAME can prove otherwise with all legal means.
SUPERGAME guarantees the player that the Gaming Software on the Internet provides equitable opportunities through the use of the Software RNG: Random Number Generator.
SUPERGAME strives to ensure that the Site, the software and the games are available 24 hours a day, 7 days a week.
In order to connect to the Site, the Player acknowledges and accepts that he must have the necessary hardware, software and Internet access that are compatible with the delivery terms of the games offered by the Site.
Therefore, SUPERGAME recommends using Acrobat Flash Player and the following components:
Hardware and operating system:
PC: Windows XP and later versions
Macintosh: Mac OS X and later versions
Connection Type: ADSL 512 minimum.
If the user does not have this minimum configuration, he risks being unable to use the online services of SUPERGAME.
The Player is aware that the access to the Site, the software and the games can be temporarily interrupted or unavailable due to maintenance, upgrades and/or updates of the Site, the Software or the games, repairs in cases of piracy or other circumstances beyond the control of SUPERGAME, such as:
- A failure of the Internet network so that the proper operation and/or functioning of one or more games on the Site or, more generally, the access to the Site, the Software and the game is prevented;
- A malfunction of the receiving equipment or the communication lines;
- A routing problem;
- A virus or an electronic bug, anomaly or technical failure, hardware or software failure of any kind.
SUPERGAME agrees to take all reasonable measures to avoid disturbances, to the extent they are responsible for it. The Player acknowledges and agrees that, consequently, SUPERGAME is not liable for any unavailability, suspension or discontinuance of the Site or the Services.
SUPERGAME can in no case be held liable for any damage or inconvenience of any nature whatsoever, direct or indirect, whether or not foreseeable, regarding the use of the Site, the Software or the Games, including but not limited to:
- Loss of income, lost opportunities, costs related to obtaining substitute services or technologies;
- All the consequences of the aforementioned conditions;
- All the consequences of an accidental event or similar circumstance.
Neither can SUPERGAME be held liable if for any reason whatsoever, beyond its control, one or more of the games or services were changed, suspended or removed. Any development or change in the content of the Site may result in updating the Site and/or temporary unavailability of the Site. SUPERGAME cannot be held liable for that in any way.
SUPERGAME also reserves the right to suspend or terminate one or more games or services offered on the Site at any time without notice and without being obliged to give a reason or motive. In that case, SUPERGAME can in no way be held liable and the users cannot claim any compensation of any kind.
In case of a complaint by a Player about the unavailability of the Site, the Software or a game, SUPERGAME reserves the absolute right to require a screenshot. Such request does not imply SUPERGAME’s liability.
On the Site, SUPERGAME can provide simple links to other websites of third parties. In such cases, links are provided for information purposes only. SUPERGAME does not check the current or future content of third party websites and therefore, accessing these sites falls under the full responsibility of the user and happens at their own risk. SUPERGAME is not responsible for the content, legality or availability of third party sites. The Player acknowledges that SUPERGAME can in no way be held liable for any loss or damage caused by accessing or browsing on third party sites. SUPERGAME undertakes to remove third-party sites whose illegality has been brought to its attention in any way, particularly through a simple complaint by e-mail.
Finally, the Player also agrees to not hold SUPERGAME liable for damage or inconveniences of any nature whatsoever, direct or indirect, whether or not foreseeable, incurred by the Player or a third person as a result of abuse or misuse of the Site, the Software or the games by a player or a third party, including but not limited to financial losses, lost profits, loss of data or damage to property or persons.
In any event, if the liability of SUPERGAME must be recognized, regardless of the motive or reason, including negligence, any damage or inconvenience of any nature whatsoever, direct or indirect, whether or not predictable, including consecutive loss due to an addiction to the games (medical care, loss of job, hospital costs, etc.), the maximum amount of compensation that can be demanded from SUPERGAME shall be limited to the lowest of all the following amounts, all causes and all damages together;
1) the amount of the fees received by SUPERGAME with regard to the account of the player in question during the three months preceding the complaint;
2) or an amount of EUR 500 (five hundred euros).
6.6. No guarantee and force majeure
SUPERGAME is vis-à-vis the Player, both contractual and extra-contractual, only liable in case of intent or gross negligence, being a denial of the most basic rules of the art in question. Moreover, SUPERGAME is never liable for any damage suffered by the Player following the suspension by SUPERGAME of the implementation of its obligations following a breach of contract by the Player.
Force majeure is may refer to: war, riots, strikes, disasters, accidents, failures of suppliers and all non-attributable causes that prevent or hinder SUPERGAME in the performance of its commitments. Force majeure on the part of SUPERGAME gives it the right to either suspend the implementation of its commitments as long as the situation continues, or to consider the agreement as dissolved – without compensation liability vis-à-vis the player – when the force majeure in question definitively makes the performance of its obligations impossible or meaningless. Aforementioned suspension of the implementation of SUPERGAME’s commitments does therefore not affect the validity of the agreement and does not entitle the Player to claim any damages from SUPERGAME.
7. INTELLECTUAL PROPERTY
The Player confirms to be aware that SUPERGAME is holder or beneficiary of rights with respect to the characteristics of the site, the software and the games offered on the Site.
The games are property of Tonalty Amusement NV or of any commercial partners of Tonalty Amusement NV, which hold exclusive rights.
Access to and use of the Games and the Site lead to the use of data and programs that are not owned by the Player and for which Tonalty Amusement NV grants the Player, possibly in the name and for the account of any commercial partners of Tonalty Amusement NV, a professional, non-exclusive, temporary, revocable, non-transferable license that is strictly limited to non-commercial use of the games and this in strict accordance with the provisions of this Agreement. This license does not grant the Player any rights and not any right that could allow the player to claim the passage of time or the attitude of Tonalty Amusement NV or its commercial partners. The player cannot not grant sublicenses. The right of use the Player agrees with depends on the resolutive condition of non-compliance of the Agreement by this Player.
Any use of the Games or the Site outside the legitimate and authorized access of the Player to the site is strictly prohibited.
Furthermore, it is forbidden for the Player infringe in any way on aforementioned intellectual property rights. It is especially forbidden to reproduce, communicate, or, even partially, to use distinctive characteristics, or to use the full or partial content of the Site, the Software or the games that allows their operation without prior written consent of SUPERGAME.
Neither has the player any right whatsoever to copy, print, transmit or transfer all or part of the software or games on any medium or in any form; to sell, lease, sublicense or distribute the Software or the games in any way whatsoever; to modify the Software, the Site or the games and/or integrate the Software, the Site or the games in full or in part in other computer programs; to compile, decompile, disassemble or translate the Software, the Site or the games.
The Player shall not use any robots, search engines or any other manual or automatic procedures that make it possible for him or a third party to index, store, record or reproduce a portion of or the entire contents of the Site or a Game or data relating to the Players.
The Player is also prohibited, for example, to: (a) let other persons use the Site, the Software or the Games without prior permission from SUPERGAME; (b) carry out reverse engineering or create derivative works of the Site, the Software or the Games; (c) use the Site, the Software or the games for purposes other than those specified in this Agreement.
The Player agrees to remove all copies of the Site, the Software or the games in case of deregistration, voluntarily or at the request of Tonalty Amusement NV, for whatever reason.
All designs, reports, drawings, software, calculations, descriptions, models, configurations, domain names, logos, marks, trade names, company names, formulations and all other technical, visual, commercial and other specifications of all kinds remain at all times the intellectual property of SUPERGAME. All intellectual ownership rights in respect of the products and/or services as well as designs, software, documentation and all other materials developed and/or used in preparation or execution of the agreement between SUPERGAME and the player, or deriving therefrom, lie exclusively with SUPERGAME or its commercial partners. The provision of services by SUPERGAME does not extend to any transfer of intellectual property.
At sufficiently serious breach of contract by the other party, the parties have right to proceed to extrajudicial termination of this agreement without any requirement of prior notice or judicial authorization, by means of a simple written notice. An extrajudicial dissolution leads among others to closure of the user account by SUPERGAME.
At sufficiently serious breach of contract by the other party, parties may, however, also choose to suspend their contractual obligations on the basis of the non-execution exception by means of a written notice of default addressed to the defaulting party, requesting to end the breach of contract.
Each notification shall be validly made to the player at the email address specified by the player’s registration.
This right to termination or suspension shall not affect the right of the parties to, without prejudice to the other provisions of this Agreement, claim compensation for any damage suffered by the injured party.
As sufficiently serious contractual breaches are considered (non-exhaustive list):
- Failure to comply with the registration conditions: in particular, in the event that the registration conditions are not/no longer met or that the Player’s information is not/no longer accurate/sincere/ complete/up to date. This is also the case when a gambling ban was imposed on the player.
- Abuse of the procedure for opening an account;
- Unauthorized use of the user account by the Player, for example when the player uses the user account as a bank account;
- Abuse of bonuses, promotions and/or any other offer provided by SUPERGAME;
- All fraud or illegal activities by the Player or attempts to illegal or unauthorized use of the Site, the Software or the Games, including the use of the user account of another player (even with his permission), or use of stolen credit cards or debit cards, or money laundering;
- All forms of piracy of the Site, the Software or the games, including infringement on SUPERGAME’s intellectual property;
- Any violation of the rules that are permanently available on the Site, including any form of cheating (such as chip dumping or the use of automated software);
- All acts or attempts to fraud between players.
In the case of suspension or termination of a user account of a Player, SUPERGAME reserves the right to:
- report any illegal or suspicious activities by the Player to all competent authorities, including the judicial authorities, providers of electronic payments or any other financial institution;
- to suspend or cancel any transaction, wager or payment from or to a Player.
- to block the Player’s possessions in order to avoid the consequences of, suspected or confirmed, unauthorized or illegal use of the Site or the Games;
- to initiate any legal actions necessary or useful to put an end to the infringement by the Player, to obtain compensation for the damage suffered by SUPERGAME or to recover the profits that would have be paid to the Player or as a result of the breach that was alleged against him.
In the event that the account of a Player was closed or suspended by SUPERGAME because of non-compliance with the Agreement, the Player will be notified trough an e-mail to the address he specified at the moment of registration.
The closure or suspension of a user account, regardless of any remediation of the infringement afterwards, leads to loss of any accumulated profits as a result of the breach of the Agreement by the Player, without prejudice to SUPERGAME’s the right on full compensation.
Notwithstanding what precedes and in particular without prejudice to the parties’ right on full compensation, the player is obliged to pay an administration fee to SUPERGAME of at least € 250, – in the case of suspension or termination of a Player Account. This cost is dictated by the time the help desk and other services of SUPERGAME have to spend detecting and investigating violations by the Player.
9. DURATION AND TERMINATION
9.2. The Player may terminate this Agreement at any time by registered letter addressed to SUPERGAME, Statiestraat, 40, 2018 Antwerp (Belgium). The termination of the Agreement will enter into force when the player has received a written confirmation of the termination of the Agreement from SUPERGAME.
9.3. Without prejudice to SUPERGAME’s right to terminate the user account in accordance with Article 8 of the Agreement, SUPERGAME is also authorized to unilaterally terminate the agreement, without due observance of a notice period, by closing the user account of the Player in the event that it remains inactive for 12 months or longer. Any positive balance in favour of the player will be transferred to him simultaneously with the closing of the account, without prejudice to the right of the Player to reregister.
9.4. Without prejudice to the consequences associated with the closing of the account, as described in Article 8 above, the termination of the Agreement means that the player will stop using the Site, the software and the games and that he will delete all copies of it on his computer or other media.
10.1. Ethical and responsible gaming
SUPERGAME requests you to play with moderation.
The player is informed that the increase in playing time or frequency can lead in some individuals to dependence or psychological symptoms.
The user should know that addiction leads to maladaptive, persistent and repeated playing. The fun turns into an urgent need to play and has serious consequences for the player and his environment.
The player can at any time consult the section “RESPONSIBLE GAMING” which is available on every page on the site of SUPERGAME. In this section, the Player has access to all of the measures taken on the site, the opinions of the service to combat the morbid and excessive gambling in order to prevent the risk of addiction, the opportunity to register as a person who cannot participate in gambling, and will find the procedure and list of institutions specialized in gambling addiction here as well.
10.2. Customer service and complaints
Unless otherwise provided in this Agreement, the Player is required to send all requests to change his personal information or complaints or disputes to the address email@example.com. Complaints must, under penalty of forfeiture, be submitted within 14 days after the initial transaction. In case of failure to do so, the complaint will be deemed inadmissible.
To optimize the quality of the Site, Software and games, all requests from the Players will be treated as soon as possible. The Player confirms, however, that SUPERGAME is not obliged to initiate an investigation or respond to a complaint that is filed by a Player and relates to another player.
SUPER GAME may, at its discretion, decide to take action against any person suspected to have taken illegal actions or willing to violate the terms of this Agreement.
However, SUPERGAME has no obligation vis-à-vis the players to make sure that the players use the Software, the Site or the Games in accordance with the provisions of this Agreement. In no case is the lack of response from SUPERGAME regarding the violation by a Player of a provision of this Agreement constitutively regarding its waiver.
SUPERGAME reserves the right to amend, adjust and/or update this Agreement, including the rules.
The version of the Agreement on the website(s) of SUPERGAME is the current version, which is binding for all players, with immediate effect for the future.
A message regarding the amends with an effective date thereof is displayed on the Site. Consequently, SUPERGAME encourages the players to consult the Agreement regularly or at the very least whenever SUPERGAME publishes a notice of amendment.
If the player refuses to be bound by any amendments to the agreement, he agrees to the immediate closure of his user account and stops using the Site, the Software and Games.
The player is free to save or print this Agreement, provided that he does not change it.
In all cases, the files, data and documents stored by SUPERGAME or any partners under secure conditions on computer carriers, are considered as proof of communication, agreement and all financial transactions that occurred during the term of the Agreement. The Parties recognize that these elements have the same evidential value as a paper document. E-mails that are stored by organizer SUPERGAME on an electronic medium, are legally valid, even if these do not hold an electronic signature of the sender.
If one or more provisions in this Agreement are declared invalid on the basis of a law, regulation or following a final judgment of a court, the parties agree that this provision will be replaced by a valid provision with an equivalent range.
They agree that the invalidity of any provision of this Agreement will not affect the validity of the other provisions in the agreement, which will maintain their full effect.
10.6. Transferability of the contract
The rights and obligations of a Player cannot be transferred to a third party, whether or not a Player, without prior permission from SUPERGAME.
The Player acknowledges and agrees that SUPERGAME sells the Software, the Site or all or some of the games without his prior consent. In this case, SUPERGAME will inform the players in advance and ensure that the guarantees offered by the third party transferee shall not be less than the guarantees offered by SUPERGAME.
10.7. Applicable law, limitation periods and competent court
This Agreement is governed in its entirety by Belgian law, to the exclusion of international treaties, but without prejudice to the operation of binding supranational instruments. Evidence in commercial matters is declared applicable.
Any legal action to obtain compensation, indemnity or reimbursement for Tonalty Amusement NV has, subject to forfeiture, to be initiated within 6 months after the earliest of these two alternative events: the origin of the right of action or the occurrence of the fact that, albeit only in the germ, may give rise to any claim.
Only the courts of Antwerp, Belgium, and their respective Antwerp divisions as well as the Peace Court with territorial jurisdiction over the registered office of Tonalty Amusement NV, are competent to hear any dispute also with respect to any dispute arising out of this Agreement, inter alia but not non-exhaustively, in respect of the formation, interpretation, execution, sanctioning or termination.