Article 2 — OECD Standards and Principles of Corporate Governance
Article 3 — CCRG 2022, Self-Exclusion and the prevention of Gambling Addiction
Article 4 — Principles of Data Protection
Article 5 — Miscellaneous
The General Terms and Conditions ("GTC") of Curacao eGaming ("Cyberluck Curacao N.V., or: "CEG") apply to the Information Provider Agreement ("IP Agreement") between CEG and the Operator. They have been provided at the time of closure of the IP Agreement. In the event of an update, a copy is distributed by e-mail to each operator. A copy is furthermore deposited with the Curac;ao Court. CEG as well as its operators comply with the Code of Conduct Responsible Gaming 2022 ("CCRG 2022") of which a copy has been attached and should be considered an integral part of the GTC.
Article 1 — Definitions
1.1. Without prejudice, derogating from and in addition to the definitions with reference to article 1 of the CCRG 2022, as used herein, the following terms shall have the following meanings ascribed to them:
"Account" shall mean a location on a network server used to store a computer username, password, and other information.
"Administration" shall mean a registration of day-to-day activities that are related to financial planning and record keeping within a company.
"ADR" shall mean Alternate Dispute Resolution.
"Affiliate" shall mean a Third Party that provides Affiliate Marketing Services on behalf of the Operator.
"Affiliate Marketing Services" shall mean services provided by a Third Party that is not employed by the Operator and of which its rewards payable is dependent on the volume of newly generated End Users on behalf of the Operator.
"Affiliated" shall mean connected with or controlled by the same individual or entity that holds twenty percent or more of any rights to the Operator.
"Aggregator" shall mean the holder of a license as meant in article 1 of the National Ordinance of Curacao dated 8 June 1993, P.B. 1993, no. 63.
"Al" shall mean the Aggregator.
"Alias" shall mean an alternative name to a Domain that equally refers to the same data.
"Alternate Dispute Resolution" shall mean any procedure for settling disputes without litigation.
"AML Compliance Register" shall mean a register that for anti-money laundering purposes holds continuously updated key information on the Operator, its Key Individuals and its Ultimate Beneficial Owners.
"Audit" shall mean a systematic and independent examination of books, accounts, statutory records, documents and vouchers of an organization to ascertain how far the financial statements as well as non-financial disclosures present a true and fair view of the concern.
"828 Agreement" shall mean an agreement between the Operator and any Third Party, pertaining to the offering of B2B Services.
"828 Services shall mean Business-to-Business Services.
"B2C Reporting Officer" shall mean an Officer that has been appointed to report on matters of B2C to the designated regulator.
"B2C Services" shall mean Business-to-Consumer Services.
"Board" shall mean the board of directors of the Operator.
"Bonus" shall mean an additional incentive of value for the End User as part of a welcome package or specific promotion of a game or service.
"Business Day" shall mean a day that banks in Curacao shall in general be open for business.
"Business-to-Business Services" shall mean services rendered between businesses.
"Business-to-Consumer Services" shall mean services directly rendered to the End Users.
"Calendar Day" shall mean all days in a month, including weekends and holidays.
"CCRG 2022" shall mean the Code of Conduct Responsible Gaming 2022.
"Certification" shall mean the formal attestation or confirmation of certain characteristics of an object, person, or organization.
"CFO" shall mean Contracts for Difference.
"Change of Control" shall mean any change in entity ownership, occurring when any person or company, directly, indirectly, formally or informally obtains twenty percent or more of any rights to the Operator.
"Competent Authority" shall mean any person or organization that has the legally delegated or invested authority, capacity, or power to perform a designated function.
"Content" shall mean the Website.
"Contract for Difference" shall mean a form of derivative trading that involves speculating on the rising or falling prices of fast-moving global financial markets (or instruments) such as shares, indices, commodities, currencies and treasuries.
"Concern" shall mean a group of companies, predominantly under equal control of the same Key Individuals.
"Corporate Governance" shall mean the system of rules, practices, and processes by which an entity is directed and controlled.
"Corporate Service Provider" shall mean the entity that renders Corporate Services under agreement with the Principal.
"Credits" shall mean the available balance the End User holds with the Operator that can be exchanged for cash or additional B2C Services.
"Crypto" shall mean a a digital asset that is designed to work as a medium of exchange that uses cryptography to secure financial transactions, control the creation of additional units, and verify the transfer of assets.
"Database" shall mean a structured set of data concerning players and affiliates.
"Data Protection Officer" shall mean the officer responsible for overseeing the Operator's data protection strategy and its implementation to ensure compliance with privacy regulations.
"Defect" shall mean any fault or problem that causes goods, objects or procedures not to work correctly.
"Disaster Recovery" shall mean an area of security planning that aims to protect the Operator from the effects of significant negative events, which should allow the Operator to maintain or quickly resume mission-critical functions following a disaster.
"Domain" shall mean a Network Domain.
"Dormancy Status" shall mean a status certified by the Aggregator, during which the Operator does not render B2C Services.
"DPO" shall mean Data Protection Officer.
"DPR" shall mean Data Protection Report.
"elDAS" shall mean electronic IDentification, Authentication and trust Services, EU Regulation 910/2014 of 23 July 2014 on electronic identification.
"Entitlement" shall mean a value to which an End User has a right.
"EU" shall mean the European Union.
"EUR" shall mean euro.
"Executive Director" shall mean a member of the board of directors of the Operator, tasked with the proper execution of B2C Services to End Users in accordance with the CCRG 2022, over-all guaranteeing quality of services, such as, however not limited to rendering of the Operator's services to the marketplace by managing technical risks and opportunities, making key software designs, implementing key strategy decisions, tracking dependencies and managing change requests.
"Fee Schedule" shall mean an overview of fees and disbursements.
"Fiduciary" shall mean any person that holds business interests, such as however not limited to legal or financial or privacy interests on behalf of someone else.
"Fit and Proper" shall mean a legal individual or entity that has: (a) obtained a sufficient level of collective knowledge and experience to perform certain actions; and (b) has not acted in a manner considered to be disgraceful, reckless, heinous or dishonorable by practitioners of good repute and competency.
"FIU" shall mean the Financial Investigation Unit of Curacao.
"Footer" shall mean a structural element of the Website that is used to identify the end of the respective page, typically containing links information on licensing, policies and contact information.
"Funds" shall mean a sum of money saved or made available for a particular purpose.
"Game" shall mean a form of play or sport, according to rules and decided by skill, strength, or luck.
"Game of Chance" shall mean a Game on a specific Session Date, which outcome depends upon an element of chance and on which the influence of skill of the End User does not have a preponderant influence on the outcome, excluding wagering of money by one End User against another End User.
"Gaming Control Board" shall mean the Curacao Gaming Control Board.
"Gaming Industry" shall mean a distinct group of enterprises that produce products and, or cater services necessary to offer B2C Services to End Users.
"Gaming Operation" shall mean the venture of the Operator.
"Game Provider" shall mean a Third Party that makes available Games to Operators as a B2B Service.
"Gaming Services" shall mean the offering of online games of chance to End Users.
"Gaming Software" shall mean the software that the Operator uses to offer Gaming Services to End Users on its Websites.
"Gaming System" shall mean a group of technologies that is used as a base upon which Gaming Software is hosted and maintained.
"General Terms and Conditions" shall mean the terms and conditions that shall apply to all services rendered by the Aggregator.
"Geo-blocking" shall mean technology that restricts access to Internet content based upon the user's geographical location.
"Grant" shall mean the right as granted by the Governor of Curacao to develop the B2C Services as meant in article 1, section 1 of the Ordinance P.B. 1993, 63.
"Grantee" shall mean the Operator.
"Granter" shall mean the Aggregator.
"Holding Company" shall mean a company that holds a controlling ownership interest in its Subsidiaries or the assets that those Subsidiaries use.
"HTTP" shall mean Hypertext Transfer Protocol.
"Hypertext Transfer Protocol" shall mean an application protocol for distributed, collaborative, hypermedia information systems.
"Incident" shall mean an event of any kind that is not part of normal operations and has the potential to disrupt operational processes.
"Information Provider" shall mean the Operator.
"Infrastructure" shall mean the basic physical and organizational structures and facilities needed for the Operation.
"Infringement" shall mean the action of breaking the law, an agreement, and, or, rules or regulations.
"IP" shall mean the Information Provider.
"IP Agreement" shall mean an agreement between the Aggregator and Information Provider, that arranges for the Operation of Online Games of Chance under the Ordinance.
"IP-Operator" shall mean the Operator.
"IPRs" shall mean the general term for the assignment of intellectual property rights through patents, copyrights and trademarks.
"Key Information" shall mean any information that is essential for compliance with legislation, regulations and agreements with Third Parties.
"KYC" shall mean Know Your Customer.
"License" shall mean the Grant.
"License Holder" shall mean the Aggregator.
"Loss" shall mean any value lost by an End User by participating in the Gaming Services.
"Material Breach" shall mean a failure of performance under an agreement that is significant enough to sue for breach.
"Mediation" shall mean an informal process in which a neutral third party assists the opposing parties to reach a voluntary, negotiated resolution.
"MLR" shall mean Money Laundering Report.
"MLRO" shall mean the Money Laundry Reporting Officer.
"Money Laundry Reporting Officer" shall mean an officer responsible for ensuring that, when appropriate, the information or other matter leading to knowledge or suspicion, or reasonable grounds for knowledge or suspicion of money laundering is properly disclosed to the relevant authority.
"Network Domain" shall mean a named grouping of hosts and servers with managed login, access to resources, and permissions.
"NOIS" shall mean National Ordinance Identification when Rendering Services.
"Non-Executive Director" shall mean a member of the board of directors of the Operator, tasked with the administrative local Compliance requirements in Curacao, such as however not limited to accounting and matters of taxation.
"Non-Personal Data" shall mean data not qualified as reference in article 4, GDPR.
"NORUT" shall mean National Ordinance Reporting Unusual Transactions.
"OECD Corporate Governance Committee" shall mean a committee instituted by the OECD and is composed of representatives from the OECD member countries, participants and associates.
"Online" shall mean a remote, as meant in the Ordinance, digital connection with any device using any device.
"Operation" shall mean the Gaming Operation.
"Ordinance" shall mean the ordinance with reference to P.B. 1993, 63.
"Payment Processor" shall mean a company that is authorized in the processing of transactions between sellers and buyers.
"Payouts" shall mean any value paid to the End User.
"Payment Service Provider" shall mean a professional third party that provides payment services to the Operator.
"Permitted Users" shall mean End Users that are legally allowed to make use of the Gaming Services.
"Personal Data" shall mean the data as defined in article 4, GDPR.
"Platform" shall mean Infrastructure.
"Principal" shall mean a natural individual that has contracted the Corporate Service Provider to function as the Non-Executive board member of the Operator.
"PRQ" shall mean a Public Risk Qualification.
"Public Record" shall mean a record that shall be accessible to the general public.
"Public Risk Qualification" shall mean an estimation of risk that the B2C Services of the Operator may pose to the average End User.
"Regulatory Infringement" shall mean a breach or infraction, as of a legislation or right.
"Report" shall mean a written account of an event that one has observed.
"Responsible Gaming" shall mean the set of social responsibility initiatives to ensure the integrity and fairness of Games and to promote awareness of harms associated with Gaming.
"RGR" shall mean Responsible Gaming Report
"RGRO" shall mean Responsible Gaming Reporting Officer.
"Seal" shall mean Validation Seal.
"Self-Exclusion" shall mean a legal prohibition from participation in games of chance that has been instituted on a voluntary basis against a particular End User.
"Service Package Fee" shall mean any fees borne by the Operator via services rendered by the B2B Services Provider.
"Session Data" shall mean data produced by a temporary and interactive information interchange between the End User and Operator.
"Session Date" shall mean the date on which the Session Data was produced.
"Software" shall mean the programs and other operating information used by a computer.
"Software Provider" shall mean a professional third party that provides the use of software to the Operator.
"Solvency" shall mean the possession of assets in excess of liabilities, creating the ability to pay one's debts.
"Standards" shall mean the functioning and carrying out of procedures that follow Good Industry Practice.
"Suspend" shall mean the act of Suspension.
"Suspension" shall mean a temporary or permanent hold on the right to receive or offer Services.
"Subsidiary" shall mean a company controlled by a Holding Company.
"Taxation" shall mean the principle of compulsory contributions to state revenue, levied by governments on business profits.
"Technical Services" shall mean operational services rendered by third parties, that are essential to the offering of Gaming Services.
"Terms of Service" shall mean the terms as defined in any understanding, communicated in any form or manner, between the Operator and End User.
"Territories" shall mean the collection of countries and jurisdictions as defined in agreements between the Operator and Third Parties that provide B2B Services to the Operator.
"Third Party" shall mean a person that is not a party to the IP Agreement.
"Transaction" shall mean an immediate exchange of any goods of value.
"UBO" shall mean the Ultimate Beneficial Owner.
"Ultimate Beneficial Owner" shall mean a person who exercises ultimate effective control over a legal person or arrangement.
"Uniform Resource Identifier" shall mean a string of characters that unambiguously identifies a particular resource.
"Uniform Resource Locator" shall mean a URI that specifies the shall mean of acting upon or obtaining the representation of a resource.
"Uniform Resource Name" shall mean a URI that identifies a resource by name in a particular namespace.
"Updates" shall mean changes and amendments.
"URI" shall mean Uniform Resource Identifier.
"URN" shall mean Uniform Resource Name.
"URL" shall mean Uniform Resource Locator.
"User Data" shall mean any database that contains information of End Users.
"Validation Seal" shall mean a certificate provided by the B2B Service Provider, which is required to ensure that the Operation performs in conformance with rules and regulations of the Aggregator.
"Website" shall mean a resource whose representation in the form of HTML and related code is obtainable via the Hypertext Transfer Protocol from a network host with a designated Domain.
"Winnings" shall mean an entitlement that has been gained by the End User in participating in Games of Chance.
1.2. References to "Articles", "Annexes" and "Recitals", shall be, respectively, to the articles, annexes and recitals of the agreement that refers to the General Terms and Conditions, unless specifically stated otherwise.
1.3. The singular shall include the plural and vice versa and references to persons shall include both corporate and unincorporated associations of persons.
1.4. Whenever used: the words "include", "includes" and "including" shall be deemed to be followed by the phrase "but not limited to".
1.5. No provision of any agreement that refers to the General Terms and Conditions, shall be interpreted against a Party solely as a result of the fact that such Party was responsible for the drafting of such provision, it being acknowledged that all Parties have participated in the drafting and negotiation of such agreement.
Article 2 — OECD Standards and Principles of Corporate Governance
2.1. The Operator is at all times obliged to have its statutory as well as its office address within the insular territory of Curacao as meant in article 1 of the Ordinance. Furthermore, at least one of its board members should be a resident within the said territory.
2.2. The Operator shall abide by general standards of Corporate Governance as provided by the OECD Corporate Governance Committee. Such standards include, however, are not limited to independence of management, transparency, reporting and the establishment of proper social values in business practices.
2.3. Notwithstanding Subsection 2.2., the Operator shall abide by any specific standards of Corporate Governance as provided by OECD Member States in which the majority of the Key Individuals of the Operation has its residency.
2.4. The Operator shall refrain from doing business with any Third Party such as however not limited to financial institutions, software providers, affiliates, countries, that are not deemed Fit and Proper. The Operator is required to research and log such research and, if desired, provide proof to the B2B Services Provider, whether a Third Party is indeed Fit and Proper.
2.5. The Operator shall refrain from enabling as well as directly offering B2C Services to minors.
2.6. The Operator shall refrain from holding multiple Grants.
2. 7. The Operator shall not hold any controlling interests in Third Parties that offer B2C Services without prior written approval of the Aggregator.
2.8. The Operator shall in not attempt to circumvent ramifications of Suspension by the Aggregator, such as, however not limited to the application of a Grant with an alternate Grantor, including alternate licensing under foreign legislation, and, or, the sale of a Website, Domain or Alias.
2.9. The Operator confirms that it has not been suspended by any Third Party prior to any agreement that refers to the General Terms and Conditions, including suspensions under foreign legislation.
2.10. The Operator shall not sell Websites without proper and timely notification of the Aggregator.
2.11. The Operator confirms that any breach of the Code of Conduct as formulated in Article 2 authorizes the Aggregator to, as cause for Material Breach, with immediate effect terminate any agreements between the Operator without the right for the Operator to claim for any damages in connection with the said termination.
2.12. The Operator confirms the right of the Aggregator to send out notifications of Breach of the Code of Conduct to any Third Party it deems necessary.
2.13. The Aggregator may at any time, as it sees fit, introduce or amend any provisions of the GTC and the CCRG 2022. It shall provide the Operator with a copy and it shall replace the applicable GTC between Aggregator and Operator, 30 (thirty days) after the Operator has been notified.
2.14. The Operator is required, the Ordinance notwithstanding, to always comply with all Curacao local as well as international rules and regulations.
Article 3 — Code of Conduct Responsible Gaming 2022 ("CCRG 2022"), Self-Exclusion and the prevention of Gambling Addiction
3.1. The Operator is at all times obliged to comply with the CCRG 2022, a copy of which has been attached to the GTC and is considered an integral part of the GTC.
3.2. The Operator when rendering B2C Services within a reasonable perspective aim to assist in the prevention of compulsory behavior with End Users.
3.3. The Operator shall collaborate with partners in the Gaming Industry in its efforts to minimize gaming addiction.
3.4. The Operator is required to monitor and research its Websites for elements unnecessarily causing problematic behavior with End Users. In the event of any problems found, the Operator is required to make the necessary adjustments to negate any unnecessary risks for End Users.
3.5. The Operator is required to in its communications with End Users actively promote and advise on the principles of Responsible Gaming.
3.6. The Operator is obliged to maintain an online environment that provides the End User an informed choice.
3. 7. The Operator is obliged to report to the Aggregator any breach of the CCRG 2022.
3.8. The Operator is required to have in place and maintain proper measures to help prevent player addiction and allow Self-Exclusion to players who access the Websites.
3.9. The Operator must ensure that it has on its Websites, a dedicated page with information about addiction prevention and any measures provided by the Operator to help End Users monitor and control their online behavior while using the Websites such as however not limited to explanation of the Right to Self-Exclusion has been structured on the Websites as well as links to reputable gambling addiction support institutes.
3.10. Upon request of the End User, as well as if health issues of the End User deem such action necessary, the Operator must ensure that the End User shall for a limited or unlimited amount of time not be able to make use of any services offered on any of the Websites of the Operator.
3.11. The Operator shall at any time be entitled to withhold services from the End User by shall mean of Suspension of the Account or otherwise, whenever it finds indications of irregular behavior by the End User such as, however not limited to compulsory behavior, chasing losses, erratic gambling patterns, and, or, abnormal long periods of sustained game play. If the Operator decides to exclude the End User, it shall notify the End User of its decision and shall communicate a time frame during which the said exclusion shall apply.
3.12. If measures for Self-Exclusion apply, the Operator or any of its Affiliates shall not approach the End User with any information aimed to generate interest by the receiver for products and services of the Operator.
3.13. The Operator is obliged to report in the RGR, the number of (1) End Users that have been excluded; (2) End Users that are being considered for exclusion, and (3) End Users that have applied for Self-Exclusion.
Article 4 — Principles of Data Protection
4.1. The Operator shall always comply with the privacy regulations that apply to its End Users, such as however not limited to the GDPR and shall for this purpose appoint a DPO.
Article 5 — Miscellaneous
5.1. None of the rights or obligations under any agreement and, or General Terms and Conditions can or may be assigned or transferred without the prior written consent of all parties to an agreement.
5.2. Agreements, Annexes and are for the benefit of the Parties only, not any third parties and may only be enforced by such Parties.
5.3. The Parties shall execute such other documents or agreements and provide such other services or acts as may be necessary or desirable for the implementation of the agreements.
5.4. Any communications required or permitted under any agreement shall be sufficient if given in writing and sent by courier, to the address of the Operator as noted in the Agreement, which shall qualify as a chosen domicile on which formal documents instigating legal proceedings may be served.
5.5. The headings in agreements and annexes and the General Terms and Conditions are inserted for convenience only and are not meant to and shall not affect any interpretation.
5.6. Parties shall never be bound to apparent errors in the agreements such as however not limited to spelling and grammar.
5.7. Agreements may be executed in any number of counterparts, which, when combined, shall have the same effect as if the signatures on the counterparts were on a single copy of the agreement.
5.8. Parties agree to the signing and execution of agreements via electronic shall mean and shall for this purpose accept and not dispute such process if facilitated by properly established esign software that is compliant with el DAS standards.
5.9. The Aggregator may at any time amend the General Terms and Conditions, that shall unconditionally apply to the Agreement after all Parties have been properly notified and no Party has objected via proper notification within one month after such a copy was sent to the Operator.
5.10. The General Terms and Conditions have been made public.
5.11. A copy of the General Terms and Conditions is deposited with the Curacao Chamber of Commerce and Industry and the Courts of Curacao
5.12. Reproducing the General Terms and Conditions, fully or in part constitutes an infringement of copyright owned by the Aggregator.