IMPORTANT - These terms and conditions govern your use of this website. You should read them carefully prior to registering and using this website. You should only register and use this website if you have read, understood and agreed with these terms and conditions. These terms and conditions represent a legally binding agreement between you , Kerching (Gibraltar) Limited (“Kerching”) and IGT (Alderney 7) Limited (“IGT”)(IGT and Kerching are together referred to in these terms and conditions as , "we" or "us" or “our” as appropriate). These terms and conditions are not static and we reserve the right to update them or amend them from time-to-time. Any such updates or amends will be posted here in the form of an update to these terms and conditions but will also be announced on the website. You should regularly check and review these terms and conditions as your continuing use of the website will be taken by us as your continuing agreement to them. You should print out and retain a copy of these terms and conditions and retain them for your records.
1. PROVISION OF SERVICES
Kerching (Gibraltar) Limited is the owner of the www.kerchingcasino.com website. We are a private limited company incorporated in Gibraltar. Our registered office is 57/63 Line Wall Road, Gibraltar.
IGT (Alderney 7) Limited is the operator of the www.kerchingcasino.com website. We are a private limited company incorporated in the State of Alderney. Our registered office at York House, Victoria Street, Alderney.
All personal information supplied by you and all the funds that you deposit into your gambling account on the website is jointly controlled by Kerching (Gibraltar) Limited andIGT (Alderney 7) Limited.
IGT (Alderney 7) Limited holds an interactive gaming licence issued by the Alderney Gambling Control Commission ("AGCC") and we provide the online gaming available from this website under that licence.
It is your responsibility to read and understand these terms and conditions.
We reserve the right, from time to time, and at our sole discretion, to change or update these terms and conditions.
All changes to these terms and conditions will be published on this website. Upon publication, each change will become effective and you will be deemed to be aware of and bound by them. You should therefore review these terms and conditions regularly to ensure that you are up-to-date with all the current terms and conditions.
Your action of registering, using and continuing to use this website will be an indication of your acceptance of our then current terms and conditions. If you do not understand or accept all of these terms and conditions then you should call our Customer Services team whose contact details are set out below.
Identity Checks. We will validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.
3. REGISTRATION PROCESS: AVOIDANCE OF UNDERAGE GAMBLING
Underage Gambling by UK Residents. In the United Kingdom and many other countries, gambling is illegal if conducted by persons under a certain age. In the United Kingdom, this age is 18. Accordingly, you commit an offence if you are a resident of the United Kingdom and you gamble on this website whilst you are under 18 years of age.
Non-Payment of Winnings to Underage Persons. We will not knowingly pay any winnings from gambling to any person who is under the age of 18.
Our Right to Require Proof of Age. We reserve the right at all times to require evidence of your age that enables us to ensure that you are aged 18 or over, as well as your identity and place of residence. We shall have the right to obtain this information from third parties as well as from yourself.
Our Right to Cancel Underage Wagers/Accounts. We reserve the right to suspend or cancel your account, return any outstanding balance and exclude you, temporarily or permanently, from using this website if proof of age satisfactory to us is not provided by you.
Electron Cards: Additional Security. Due to Visa Electron cards being made available to persons under 18 years of age, players who wish to use these cards may need to provide proof of their age within 24 hours of registering on this website. Users who are not able to provide proof of their age within 24 hours will have their account placed on hold or frozen and further transactions will not be permitted until their age has been verified.
Prohibited Jurisdictions. We are unable to accept players from a number of territories including but not limited to; United States of America, Canada, Turkey, Cuba, China and the Russian Federation. We reserve the right to reject attempts by residents of these territories to register on the website and we may immediately suspend or close your account if we have reason to believe that you are located in one of these territories. This exclusion may be applied by us to other territories from time-to-time.
Responsibility of Users to Play Lawfully. For other territories, it is your responsibility to ensure that gambling on this website does not breach the laws of the territory in which you are located. Under no circumstances will we be liable to you for any breach of any law that may occur as a result of your usage of this website. You should not assume that because you have been able to register on the website and open an account, your playing with us will not cause you to breach the law of your home territory. We reserve the right to close any accounts and void all transactions if we consider that they could expose us to any liability in this regard.
Accuracy of Personal Details. You confirm to us that all information that you provide to us at any time, whether on registration, in response to any security check or otherwise in connection with your account, is complete, true in all respects, accurate and not misleading. You further agree to inform us immediately if there is any change to such information. Your registration may not be accepted and your ongoing ability to use this website may be put in jeopardy unless you provide us with all the information that we ask from you (or we obtain it from third parties or other sources) in order for us to operate this website lawfully, responsibly and in full compliance with these terms and conditions.
Keep Your Login Details Secure. When opening an account to gamble with us, you must choose your own unique username and password. It is your responsibility to ensure that these details are kept private, secure and confidential at all times and to protect their secrecy and confidentiality. You are responsible for all financial transactions such as deposits, stakes and wagers made using these login details and your account. Any unauthorised use of your login details shall be your sole responsibility and will be deemed as your use and your gambling. If you lose or forget your username and/or password, or if you are concerned that a third party is aware of them, please contact our Customer Services immediately using the details set out below.
Acting as Principal. You may not register on this website if you are not acting on your own behalf and are acting on behalf of someone else.
No Multiple Accounts. You are only permitted to hold one account in respect of both this website and all our other affiliated sites and you may only use one of your credit or debit card numbers at any one time. Additionally, the name you register with must be your name. We reserve the right to suspend or close multiple accounts or any account/accounts with incorrect names and/or details and we accept no liability for any losses incurred by you as a result of your operation of multiple accounts, including where you self-exclude or limit your play on one account and fail to do so on others. Where multiple accounts are opened by different users at the same IP or home address, we reserve the right to close or restrict such accounts where in our sole discretion we do not consider that they are genuinely used by different individuals.
Users Breaching These Terms: Our Rights If you are in breach of any of our requirements relating to your age, identity or personal details we have the right not to pay you any account balance and we also reserve the right to close or suspend your account. We may require that you provide us with further information in these circumstances and you agree to do so accurately and honestly.
Our Rights to Terminate User Relationship. We further reserve the general right at any time, and at our sole discretion, to suspend or close your account without further explanation if we consider it necessary to do so. The decision of our management as regards any aspect of your account or use of this website by you is final and not open to dispute or appeal.
Legal Offences. As well as losing the ability to gamble on this website, you should be aware that if you breach any of the requirements of this Section 3, you may also be committing a legal offence and you may be subject to legal action including prosecution.
Law Enforcement Agencies & Regulators. We reserve the right to cooperate with law enforcement and other regulatory authorities, including the Alderney Gambling Control Commission, in investigating claims of illegal activity on this site.
4. ACCOUNT MANAGEMENT
Minimum Deposits. In order to play on this website, you must open an account and have adequate funds deposited prior to playing using the payment methods specified by us. The minimum deposit amount is either £5, €5 or $10 depending on the currency you select to play with and must be made by using a debit card or credit card or other accepted payment method. Only wagers placed from your account set up through this website will be valid for playing on this website and any winnings will be credited to your account. You can make all deposits and withdrawals by accessing the 'My Account' page on this website.
Depositing Funds. In order to deposit funds into your account you can only use a payment method accepted by us, which must be held in your name and registered to the address that you provided at registration. Your daily deposit limit will be set initially by our systems but will be increased at the time that your account is deemed ‘fully verified’ once paper documentation has been supplied or further identity checks confirmed. You should ensure to check your deposit and withdrawal limits on the relevant transaction pages of the site.
Personal Entertainment Only. Your account is personal to you and your use of this website and your playing of the games offered is for personal entertainment only. You must not allow others to use your account. We reserve the right to refuse to pay out any winnings where any person is found to have violated this requirement. Changes in Registration Details. You must inform us of any changes to the details that you gave us when you registered on this website, including your address, your debit or credit card details, (such as the number, expiry date and issue number) and any other changes that affect your account. Failure to inform us of changes affecting your account may result in transactions being declined by your bank, building society or credit card company. We do not accept any liability or responsibility of any sort for transactions that are declined as a result of your failure to provide us with your correct, up-to-date details. Credit/Debit Cards: Loss & Theft. It is your responsibility to protect your debit and/or credit cards from loss or theft. Please contact us immediately should your card be lost or stolen. We accept no responsibility whatsoever for any transactions made using lost or stolen debit, credit card and/or any other payment devices.
Inactive/Dormant Accounts. Any inactive account where a balance is preserved will be reviewed regularly by us. We will attempt to notify the account holder, via email, using the email address provided to us by the account holder, of any remaining funds held in the inactive account. Should an account remain inactive (for example, where it has no login, gameplay or transactions) for a period of 13 months consecutively or more, we will remove the entire balance and deal with the funds in accordance with the regulations that apply to this website.
Our Decision is Final. We retain at all times absolute control over the issuing, maintenance, suspension and/or closing of all accounts. Our decision in any matter relating to any player's account and use of the website is final.
Security Checks. We perform security checks on players' accounts from time-to-time. You understand and agree that we may demand additional information from you and you must provide the same in the event that we wish to conduct a security check on your account. We may suspend and/or terminate accounts or withhold any payments (including winnings) in the event that any security check reveals that an account is in breach of any of these terms and conditions.
Our Right to Void Wagers. We reserve the right to refuse or limit any wager(s) attempted to be placed by a player at our sole discretion and for any reason. In circumstances where a wager is deemed to be or is declared void by us, any sum deducted from your account in relation to that wager (including any stake) shall be re-credited to your account. Should we decide to waive any rule for the benefit of any player, it shall only be for that one instance and shall not set a precedent for the future. Any game left in an in progress (for example; betting on a hand of Black Jack and abandoning the game before deciding to hit or stand) state will be automatically voided after 90 days and the relevant stake treated as a loss to the player.
Basis of Our Retention of Deposits. Please note that we are not a bank. Monies held in your account do not accrue interest. We do hold all customer deposits in client-specific accounts that are kept separate from the accounts that we use to fund our business, but these client deposit accounts are not trust accounts and in the event of any insolvency or other event of stress affecting our business the deposits held in them may be at risk.
Withdrawal of Funds. All funds must be withdrawn in accordance with the withdrawal procedures (please see 'Withdrawal Procedures and Winnings' below).
5. GAMING AND USAGE OF THE WEBSITE
Disqualification of Persons Related to Us. You may not may not register on this website or play any game on this website if you or a member of your household (partner, wife/husband, parent, child, brother, sister) are or have ever been an director, employee, freelancer/consultant or agent of Kerching or International Game Technology of 9295 Prototype Drive, Reno, NV89521, USA, IGT Inc or any of their subsidiaries or associated companies, or any of their licensors, software suppliers, developers or partners, or any other person who is in any way connected with those companies or their subsidiaries or associated companies, including us.
Availability of Game Rules. Rules for each of the games on this website will be available to you on the website before you play. It is your responsibility to read and understand the rules of each game before you play and you agree to abide by the rules of each game as they are set out on this website.
Our Records Determinative. As with all electronic gambling, a random number generator software program will determine the outcome of the games. In the event of a discrepancy between the results displayed on your computer and the game records on our server, our records shall be regarded as definitive.
Manipulation and Unfair Play. You will not in any way interfere, interrupt, attempt to interrupt, or attempt to manipulate the operations of the website or the normal play of any of the games. Failure to comply with this rule may lead to your exclusion from this website without any compensation and to possible criminal and civil investigations. In particular, you will not use or attempt to use any artificial intelligence or player assistance software but will play personally via the interfaces provided by us only.
Offensive Material. You will not post any unlawful, obscene, abusive, defamatory, threatening, or other offensive material on the website, including when using the chat option or in correspondence with our staff.
Our Right to Moderate Chat. In relation to any chat option, we reserve the right to moderate the chat on this website and remove any postings that breach the requirements of this section. We may also remove any statements which promote any competing service or product or any statements about us or the website and/or the games featured on it that are untrue or which we consider to be derogatory or critical. In addition, you agree to observe and abide by any specific chat rules that we may post on any chat facility from time-to-time.
Responsible Gambling. We take responsible gambling extremely seriously. We maintain procedures to attempt to identify players who are, or who appear to be at risk of becoming compulsive gamblers. However we accept no liability for losses that may be incurred by any players on our website: you acknowledge that you may lose money by playing with us. We will provide any players who we may indentify as problem gamblers with information and assistance to enable them to obtain such counselling or access to an appropriate support organisation as we see fit and may use their personal information for this purpose.
Users Play At Their Own Risk. Notwithstanding the paragraph above, you understand that you risk losing money whilst using this website and playing the games that we offer, and that you use this website and play the games offered at your sole risk.
6. WITHDRAWAL PROCEDURES AND WINNINGS
Method of Withdrawal. You can make withdrawals from your account up to the amount of your current available balance by debit card, credit card or cheque (after taking into account all previous wagers). We reserve the right to request further information prior to any withdrawals and any monies due or requested shall be withheld until the requested information has been provided to our satisfaction.
Major Withdrawals. In order to make a withdrawal, from your account which is in excess of your defined account limits you will be required to contact our Customer Services Team.
Withdrawal by Debit/Credit Cards and E-Wallets (Except Non-UK Issued MasterCard’s and Visa Cards issued within the 'Americas): There are no minimum withdrawal limits, however a withdrawal must be no greater than the limit set for your account. If you are attempting to withdraw more than your set limits, we will ask you to provide us with paper copies of your passport / driving licence, Government ID, or photo identity card. We may also request a recent bank / credit card statement verifying your registered home address. Withdrawals may only be made to the payment method you have registered to your account and used to deposit funds.
Withdrawals using Non UK MasterCard’s (and some pre paid UK issued MasterCard’s) and Visa Cards issued with the 'Americas' will be paid by cheque: each withdrawal must be at least £3.00/$4.00/€4.00). If you are withdrawing more than your set account limits by cheque, we will ask you to provide us with paper copies of your passport / driving licence, Government ID, or photo identity card. We may also request a recent bank/credit card statement verifying your registered home address. A UK issued cheque will be payable to you (and not any third party) and will be sent to you at the address registered with us. A service charge of £2.00/ $3.00/ €3.00, depending on the withdrawal currency, will be deducted from your account for each cheque withdrawal.
Unpresented Cheques. Where a cheque is issued but has not been cashed within 6 months of the issue date, we will automatically cancel the payment and return the funds to your account. An administrative charge of £10 or currency equivalent will be debited from the rebate and we will attempt to contact you at your registered email address.
Bonuses. In the event of a promotional campaign or competition, where we credit an amount to your account, the funds are at that point deemed as "non playable" (i.e. you will receive them only as the stake for your next game when you play that game) and you are not entitled to withdraw such amounts, unless the terms of the particular promotional campaign or competition say so. We reserve the right to reclaim bonus amounts credited to your account if you do not use them to play games during the period specified in the relevant promotion or if you attempt to withdraw them from your account.
Taxes and Fees. All taxes and fees payable on your winnings (or any other payments we may make to you) are your sole responsibility. Winnings cannot be transferred, substituted, or redeemed for any other consideration.
Payout Rates. We reserve the right, at our sole discretion, to make changes to the payout rates applicable to the games. The payout rate of each game can be viewed by clicking on the paytable link on the right hand side of the game navigation bar within the relevant game. It is your responsibility to note the payout rate applying to each game in each session prior to placing a stake or wager.
Promotions and Publicity. By accepting any prize and/or winnings from us, you consent to the use of your name for advertising and promotional purposes without additional compensation except where prohibited by law.
Placing of Wagers. Wagers may only be placed through your account. We do not accept wagers in any other form or by any other means.
Our Right to Refuse Wagers. We reserve the right to refuse the whole or any part of a wager at our discretion. We also reserve the right to set the maximum and minimum stake amounts and to update or change these amounts from time to time. Any updates or changes shall appear on the relevant part of this website. Any winnings in excess of the maximum amounts will not be paid.
Acceptance of Wagers. Wagers will only be validly made and accepted by us if they are accepted by our server and made in accordance with both these terms and conditions and the rules applicable to each individual game. Until our server actually accepts a wager made by you, no communications from you shall become legally binding on us and all information displayed on this website constitutes an invitation to play only.
Our Records Determinative. You agree that our records shall be the final authority in determining the terms of any wagers you place and the circumstances in which they were made.
8. SELF EXCLUSION
Self-Exclusion. At any time, you may instruct us to exclude you from gambling on this website or to close your account. You may self exclude for any length of time by defining the end date of the exclusion period or you may request that your account is permanently closed. Any account that is blocked through the self-exclusion process cannot be re-opened until the predefined end date of the exclusion period. More than three self exclusions will automatically trigger a permanent closure of your Kerching account that cannot be reversed. Once your request to permanently close your account is processed by our Customer Services team, no further wagers will be accepted from you, your account will be closed and any balance will be credited back to you. It is important that you do not attempt to open multiple accounts with us. If you wish to close your account outside of customer service operating hours you can do so by logging into your account, accessing the protection section and limit the account by using the self exclusion function. If you then wish to close your account permanently please email email@example.com stating that you wish your account to be closed.
Imposition of Limits. In addition, you may set limits on your gambling by accessing the Player Protection link on the website. If you notify us of limits that you wish to set in relation to your gambling, we will not accept a deposit, permit you to lose or debit wagers from your account in excess of the notified limits. Using this facility you can lower and increase limits on your gambling at any time. Any removal or increase will however take 7 days to take effect, may not exceed the house limits and is subject to our consent. Any reduction will take place immediately.
Problem Gambling. In addition to our other responsible gaming processes, we also reserve the right to exclude a player from the website at any time if we consider that a player cannot control his/her gambling.
9. INTELLECTUAL PROPERTY
Kerching Ownership of IPR. All the trade marks, service marks, trade names, copyrights, graphics, logos and idents used on the website from time to time belong to Kerching, or our group companies or to their licensors. You acknowledge that by using the website and playing the games, you obtain no rights in any content on the website, or any part thereof. Under no circumstances may you use any content on the website without our prior written consent. You agree not to download, sell, assign, rent, lease, sublicense, loan, distribute, transfer, publish, create derivative works, copy, re-use, modify, translate, adapt, attempt to decompile, decipher, disassemble, reverse engineer, decrypt or discover the source code of all or any part of the website including any game, deploy any type of query program on the website, create improvements, or seek to obtain intellectual property protection over any content featured on the website at any time. You further agree to not use the website in any unlawful manner, for any unlawful purpose, or in any way that is inconsistent with this Section 9 or these terms and conditions generally.
Misuse of Website. You will be liable to us for any damage, costs or expenses resulting from your misuse of the website. You must notify us immediately if you become aware of any misuse of the website or the content appearing on it at any time.
User Licence to Use Website. We grant you a personal, non-exclusive, non-transferable and non-assignable limited licence to use the website and to play the games conditional upon your being at all times aged 18 or over and your continuing compliance with all of these terms and conditions.
Customer Services Instructions to Users. You agree to follow and comply with any instructions and directions sent to you by Customer Services team. For the avoidance of doubt, our Customer Services team will be under no obligation to help you should you fail to follow their instructions.
10. NO WARRANTIES
No Warranties Made by Us. Your use of the website is at your sole risk. The website is provided on an "AS IS" and "AS AVAILABLE" basis. Unless specifically stated herein, and except as required by law, we make no representations and expressly disclaim any and all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, accuracy, satisfactory quality, implied warranties of title and non-infringement.
Errors in the Website. You acknowledge and agree that we do not warrant that the website or the games shall be error-free, timely or will operate without interruption. If you become aware that the website generally or any game in particular contains any error, or is incomplete, you must inform our Customer Services. You agree not to take advantage of any error in any game and we reserve the right to recover any such advantage that you may gain from any error, as well as all costs and expenses in making such recovery. We are not liable to you for any errors or interruptions.
Our Right to Suspend Games. We reserve the right to suspend, discontinue, modify, remove or add to the website and/or any games at our discretion with immediate effect and without any obligation to provide you with notice and we shall not be liable in any way whatsoever for any loss suffered as a consequence of any decision made by us in this regard.
Exclusion of Loss. You understand and agree that to the maximum extent permitted by law, we shall not be liable for any loss or damage of any nature suffered by you, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages): (i) resulting from your use of, or your inability to use, the website, (ii) any loss or corruption of data, (iii) communication or line failures, (iv) misuse of the website by any person or (v) any error or omission in the website.
No Liability For Content & Third Party Content. You understand and agree that to the maximum extent permitted by law, we shall not be liable to you for the content of or use by you of any information, services, advertising, marketing, or other content on the website (whether directly or via links to or from other sites or resources). We do not endorse the content of any third party-supplied advertisements or information and we make no warranties with respect to such content. In particular, we shall have no liability in respect of material on the website which may be misleading, inaccurate, defamatory, threatening or obscene or otherwise not in accordance with any applicable laws and regulations. The provision by us of a link to another website does not constitute any endorsement or approval of the materials at that location.
General Exclusion of Loss. Except as otherwise provided by law, we will not be responsible or liable to you for any other loss or damage that you or any third party may suffer as a result of using or in connection with your use of the website.
Contractual Status of Brand Partners. The website and its games are provided to you by us and all wagers are fulfilled by us and not by any of our partners. Our partners shall not be liable to you for any losses or damages arising from your use of the website, playing the games or any other wagering on the website and any downloading/installation or use of any software required to access the games. Any claims you have in respect of the website, games and wagering on the website must be made against us and you agree not to involve our partners in any disputes in connection with the website, games or otherwise.
Limitation of Liability. Except as otherwise provided by any applicable laws, our maximum liability, excluding payment of valid bets, to you for any claim in contract, tort, or in any other cause of action arising in connection with the website shall be £2,000 (or currency equivalent).
Fraud, Manipulation, Unfair Play. Charges, claims and proceedings, both civil and criminal may be brought against you and any other person(s) in connection with the manipulation, attempted manipulation or tampering with the website, the games offered upon it, any customer accounts, the laundering of money or the attempted laundering of money. We reserve the right to pass on any information that we deem relevant, at our sole discretion, to the appropriate authorities, including the AGCC, if we become aware of (or suspect) that you are involved in any such activities. We are not obliged to provide you with notice of our intention to do this nor shall we give you reasons for our doing so. You agree to waive any and all rights you may have, at law or otherwise, of whatever nature and in whatever jurisdiction, in connection with such disclosure. In addition, we reserve the right to hold any funds we suspect to be connected with a financial crime, money laundering or related activity.
Our failure, in any instance, to exercise any of our rights under these terms and conditions will not constitute a general waiver of such or any other rights hereunder. Nothing in these terms and conditions shall exclude or limit liability for fraud or fraudulent misrepresentation.