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Not *another* problem with Casino On Net

Discussion in 'Gaming Floor' started by mary, Sep 29, 2002.

  1. mary

    mary Dormant account

    Oh, man. Looks like they are denying payment to a player based on their software error.

    And they don't have a clause in their T&C indemnifying them in event of software error.

    The full discussion is on WOL:

    You must register/login in order to see the link.

    Here is their T&C under "Legal Warning" on their site:


    Cassava Enterprises Limited is fully licensed and regulated by the laws of Antigua and Barbuda, W.I., for the purpose of operating virtual casino gambling on the Internet under the name: Casino-on-Net.
    Such gambling, however, may not be legal in some jurisdictions under certain conditions, and in some jurisdictions may not be legal under any conditions. Please verify the laws in your jurisdiction before registering and carefully read our terms and conditions:

    Terms and Conditions

    By using Casino-on-Net software, and provided you (the "User") are 18 years old or more, you will be deemed to have manifested your consent to enter into the following agreement with Cassava Enterprises Limited (hereinafter referred to as "Cassava") and to accept its terms and conditions, which have been accepted by Cassava. Please read the agreement carefully, and consult legal counsel in your jurisdiction if you have any doubts about your rights and obligations;be sure to keep a copy for your records

    Purpose Of Agreement
    The purpose of this Agreement is to regulate the legal relationship between Cassava and the User once the User has received the Casino-on-Net(c) software from Cassava and applies the software for gambling on the Internet.

    Declarations by User
    The User declares and warrants that:
    * All User's details contained in the Registration Form submitted to Cassava are true and correct.
    * User will use the software application to gamble on the Internet for his own private personal use only and not for any business use, or use by others.
    * To the best of his knowledge, User is not contravening any laws of his home jurisdiction by applying the software to gamble on the Internet.
    * User fully understands the methods, rules, and procedures of Internet gambling through the application of the software.
    * User is fully aware that there exists a risk of losing money when gambling on the Internet through the application of the software.
    * The source of the funds used by User for gambling on the Internet through the application of the software is not illegal.

    Declarations by Cassava
    Cassava declares and warrants that:
    * Cassava, an International Business Corporation incorporated under the laws of Antigua and Barbuda, W.I., is fully licensed and regulated by the laws of that country for the purpose of operating virtual casino gambling on the Internet under the name: Casino-on-Net(c), through the application of the software.
    * Cassava's operation of virtual casino gambling is directed only towards users who by the laws of their home jurisdiction are not prohibited from gambling on the Internet through the application of the software. Cassava carries no intent to enable a User to apply the software for gambling on the Internet in contravention of any law in the User's home jurisdiction.
    * Application of the software for gambling on the Internet ensures the User Ultimate Random and fair odds ("Vegas Rules" or better).
    * Using the latest private/public key encryption, Cassava has made every reasonable effort to ensure that all passwords and user names employed by User are thoroughly secure against third party access while transferred on the Internet.

    Rules and Instructions
    The application of the software by the User shall be made exclusively in accordance with, and governed by, Cassava's rules and instructions as detailed in the software and/or on Cassava's Internet web site from time to time, including, without limitation, in respect of the gambling methods, playing rules, payment procedures, and payoffs of winnings.

    Telecommunication Service Provider
    Cassava shall not, in any way, be responsible for any acts or omissions made by User's Telecommunication Service Provider ("TSP") with whom User has contracted to gain access to Casino-on-Net(c), and Cassava shall not be a party to any dispute between user and TSP, nor shall any such dispute have any effect on the obligations of User under this Agreement.

    Copyrights / Trademarks
    User undertakes to respect all applicable copyrights and/or trademarks related to Cassava's Casino-on-Net(c) operation and the software, and to exercise all necessary prudence in the use of the encryption key and other security measures.

    User Abuse
    In the event that Cassava believes a User is abusing or attempting to abuse a bonus or other promotion, or is likely to benefit through abuse or lack of good faith from a gaming policy adopted by Cassava then Cassava may, in its absolute discretion, deny, withhold or withdraw from a User any bonus or other promotion, or rescind any policy in respect of that User, either temporarily or permanently.

    Termination
    User may terminate this Agreement by notifying Cassava in writing at any time, provided User owes no money to Cassava for any reason whatsoever.
    Cassava reserves the right to terminate User's membership, at any time and for any reason, at its sole discretion, and in particular in case of any activity that may harm Cassava and/or its members including, but not limited to, fraud, abuse of bonuses and other promotions, frivolous and unsubstantiated claims, and misuse of casino's software.
    Upon termination by User or Cassava as above, Cassava shall refund User any funds which may be in User's account over and above any amount which may be owing to Cassava (if any). In any case, refund shall not exceed the initial Deposit made by User.
    Termination by User or Cassava as above, shall be without prejudice to recovery by either party of any amount legally due by the other party in virtue of this Agreement.

    Applicable Law / Jurisdiction
    This Agreement, the interpretation and execution thereof, and the relationship between the parties, shall be governed by, and construed in accordance with, the laws of England.
    Any claim or dispute arising either directly or indirectly out of this Agreement, shall be brought before the competent court of the country of Antigua and Barbuda, W.I., which court shall have exclusive jurisdiction. Notwithstanding the foregoing, Cassava shall have the right to institute any legal proceedings against the User before the competent court in the User's home jurisdiction or elsewhere.

    Amendments
    Cassava reserves the right to amend these Terms and Conditions from time to time as it sees fit. Users are advised to review these Terms and Conditions no less than once per month on the Casino-on-Net website in order to ascertain what amendments, if any, have been made.

    THIS AGREEMENT IS DEEMED ACCEPTED AND SIGNED

    BY

    CASSAVA ENTERPRISES LIMITED

    AND BY

    USER

    AS INDICATED IN THE INTRODUCTORY PARAGRAPH ABOVE UNDER THE HEADING "TERMS AND CONDITIONS", ON THE DATE ON WHICH THE SOFTWARE HAS BEEN INSTALLED BY USER.
     

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