Allgemeine Nutzungsbedingungen

September 2016 Version 2.0

1. General

1.1. These terms and conditions together with the legal and safety policy, any complaints policy and responsible gaming policy, any rules in force from time to time in respect of any games and any services, the Deposits Policy, the Withdrawals Policy, the terms and conditions relating to bonuses and promotions apply to the usage of Games and Services provided through www.garbo.com or any other website or any mobile app branded Garbo  and made available by us (“the Website”) (together, the “Terms and Conditions”). For the purpose of the Terms and Conditions, Garbo is referred to as “we” or “us” and the player as “you” or “the Account Holder”. The Terms and Conditions also apply to related mobile or other platforms enabled by you. ‘Games’ means Casino and other games as may from time to time be made available by us. “Services” means any other services or offers as may from time to time be made available by us. We reserve the right to add and remove Games and Services at our own discretion. A “bet” or “ wager” means a participation in a Game or Service, and conjugations of the verbs ‘bet’ and ‘wager’ shall be construed accordingly.

1.2. Garbo brand and the website www.garbo.com are made available to you by Mr Green a limited liability company incorporated in Malta, and subject to Maltese law, having its registered address at Mr Green Limited, Tagliaferro Business Centre, Level 7, High Street, Sliema SLM 1549, Malta.

1.3. Mr Green is licensed and regulated in Malta and the United Kingdom by the Malta Gaming Authority and Gambling Commission, with licence numbers MGA/CL1/521/2008 issued on the 6th January 2010 and renewed accordingly on the 6th January 2015, MGA/CL1/772/2011 issued on the 21st March 2012, MGA/CL1/869/2013 issued on the 19 July 2013, MGA/CL1/1110/2015, MGA/CL1/1086/2015 and MGA/CL2/1085/2015 issued on the 22 September 2015, and UKGC Remote Operating Licence Number 000-039264-R-319432-002.

1.4. These Terms and Conditions come into force as soon as you tick the box for acceptance during the registration process. By checking this box, you signify to us that you have read the Terms and Conditions and accept them. By using any of the Games or Services you signify that you agree with these Terms and Conditions.

1.5. You must read the Terms and Conditions carefully in their entirety before ticking the box for acceptance. If you do not agree with any provision of the Terms and Conditions, you must not use or continue to use the Games and Services.

1.6. You fully understand and agree to be bound by the Terms and Conditions contained herein, as may be amended by us from time to time.

1.7. Whenever we amend these Terms and Conditions we will notify you prior to such changes taking effect and you will be required to re-confirm your acceptance. If you do not agree to the updated Terms and Conditions, you must stop using the Websites. Terms and Conditions may be subject to changes due to, for example, regulatory requirements or changes to the game or service rules.

1.8. The Terms and Conditions may be published in several languages for information purposes and ease of access by Account Holders. However, the English version is the sole legal basis of the relationship between you and us and in case of any discrepancy between a non-English version and the English version of the Terms and Conditions, the English version shall prevail.

1.9. Games provided by IGT are operated by IGT Alderney 4 LTD and regulated by the Alderney Gambling Control Commission and are hence not under the supervision of the Malta Gaming Authority. They may be provided with their own terms and conditions. In case of conflict between them and these Terms and Conditions, such terms and conditions shall prevail.

1.10. Games provided by Bally Technologies (Gibraltar) Limited are subject to the licensing authority of the Government of Gibraltar and are hence not under the supervision of the Malta Gaming Authority. They may be provided with their own terms and conditions. In case of conflict between them and these Terms and Conditions, such terms and conditions shall prevail.

1.11. Games provided by Evolution Gaming are operated by Evolution Gaming Malta Ltd. and regulated by the Alderney Gambling Control Commission and are hence not under the supervision of the Malta Gaming Authority. They may be provided with their own terms and conditions. In case of conflict between them and these Terms and Conditions, such terms and conditions shall prevail.

1.12. Games provided by Play N’ Go are operated by Play’ n GO Malta LTD and regulated by the Alderney Gambling Control Commission and are hence not under the supervision of the Malta Gaming Authority. They may be provided with their own terms and conditions. In case of conflict between them and these Terms and Conditions, such terms and conditions shall prevail.

1.13. Games provided by Quickspin are operated by Quickspin AB and regulated by the Alderney Gambling Control Commission and are hence not under the supervision of the Malta Gaming Authority. They may be provided with their own terms and conditions. In case of conflict between them and these Terms and Conditions, such terms and conditions shall prevail.

1.14. Games provided by Alliance are operated by Alliance Gaming Solutions Limited and regulated by the Isle of Man Gambling Supervision Commission and are hence not under the supervision of the Malta Gaming Authority. They may be provided with their own terms and conditions. In case of conflict between them and these Terms and Conditions, such terms and conditions shall prevail.

2. Your Obligations as an Account Holder

2.1. Underage gambling is a criminal offence and you hereby declare and warrant that:

2.1.1. you are over 18 years of age or such higher minimum legal age of majority as stipulated in the jurisdiction of your residence and are, under the laws applicable to you, legally allowed to participate in the Games and Services;

2.1.2. you participate in the Games and Services strictly in your personal non-professional capacity for recreational and entertainment purposes only;

2.1.3. you participate in the Games and Services on your own behalf and not on the behalf of any other person;

2.1.4. you are not resident of the following countries: Afghanistan, Algeria, Angola, Anguilla, Antarctica, Antigua and Barbuda, Armenia, Aruba, Azerbaijan, Bahamas, Bahrain, Bangladesh, Barbados, Belarus, Belgium, Belize, Benin, Bermuda, Bhutan, Botswana, British Indian Ocean Territory, British Virgin Islands, Brunei Darussalam, Bulgaria, Burkina Faso, Burundi, Cambodia, Cameroon, Cape Verde, Cayman Islands, Central African Republic, Chad, China, Christmas Island, Cocos Islands, Comoros, Democratic Republic of Congo, Cook Islands, Costa Rica, Cote D’ Ivoire, Cuba, Cyprus, Denmark, Djibouti, Dominica, Dominican Republic, East Timor, Egypt, El Salvador, Equatorial Guinea, Eritrea, Estonia, Ethiopia, Falkland Islands (Malvinas), Faroe Islands, Fiji, France, French Guiana, French Polynesia, Gabon, Gambia, Palestine, Georgia, Ghana, Greece, Greenland, Grenada, Guadeloupe, Guam, Guatemala, Guinea, Guinea-Bissau, Haiti, Honduras, Hong Kong, India, Indonesia, Iran, Iraq, Israel, Jamaica, Japan, Jordan, Kazakhstan, Kenya, Kiribati, Democratic People's Republic of Korea (North Korea), South Korea, Kuwait, Kyrgyzstan, Laos, Lebanon, Lesotho, Liberia, Libya, Macau, Madagascar, Malawi, Malaysia, Maldives, Mali, Marshall Islands, Martinique, Mauritania, Mauritius, Mayotte, Micronesia, Moldova, Mongolia, Montserrat, Morocco, Mozambique, Myanmar, Namibia, Nauru, Nepal, New Caledonia, Nicaragua, Niger, Nigeria, Niue, Norfolk Island, Oman, Pakistan, Palau, Panama, Papua New Guinea, Philippines, Puerto Rico, Qatar, Reunion, Russia, Rwanda, St. Helena, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Sao Tome and Principe, Saudi Arabia, Senegal, Seychelles, Sierra Leone, Singapore, Solomon Islands, Somalia, South Africa, Spain, Sri Lanka, Saint Pierre and Miquelon, Sudan, Swaziland, Syria, Taiwan, Tajikistan, Tanzania, Thailand, Togo, Tokelau, Tonga, Trinidad and Tobago, Tunisia, Turkey, Turkmenistan, Turks and Caicos Islands, Tuvalu, Uganda, Ukraine, United Arab Emirates, United States, Uzbekistan, Vanuatu, Vietnam, Virgin Islands, Wallis and Futuna Islands, Western Sahara, Yemen, Zambia and Zimbabwe.

2.1.5. all information that you provide to us during the term of validity of this agreement is true, complete, correct, and that you shall immediately notify us of any change of such information;

2.1.6. you are solely responsible for reporting and accounting for any taxes applicable to you under relevant laws for any winnings that you receive from us;

2.1.7. money that you deposit into your Member Account is not tainted with any illegality and, in particular, does not originate from any illegal activity or source;

2.1.8. you understand that by participating in the Games and Services you take the risk of losing money deposited into your Member Account;

2.1.9. you shall not be involved in any fraudulent, collusive, fixing or other unlawful activity in relation to your or third parties’ participation in any of the Games or Services and shall not use any software-assisted methods or techniques or hardware devices for your participation in any of the Games or Services. We hereby reserve the right to invalidate any betting in the event of such behaviour and close your account;

2.1.10. in relation to deposits and withdrawals of funds into and from your Member Account, you shall only use such debit and credit cards and other payment methods that are valid and lawfully belong to you;

 

2.2. The computer software, the computer graphics, the Websites and the user interface that we make available to you through www.garbo.com are owned by Mr Green or its associates and protected by copyright laws. You may only use the software for your own personal, recreational uses in accordance with all rules, terms and conditions we have established and in accordance with all applicable laws, rules and regulations.

2.3. Games and Services made available by us should be played in the same manner as games are played and services are used in any other setting. This means that Account Holders should be courteous and respectful, and should avoid rudeness or obscenities.

2.4. The Company reserves the right to terminate and/or, change any Games or Services or events being offered on the Website.

3. Your Member Account

3.1. Registration and opening of your member account

3.1.1. In order for you to be able to place bets using any of the Websites, you must first register personally with us and open an account (“Member Account”).

3.1.2. You are allowed to have only one Member Account. If you attempt to open more than one Member Account, all betting accounts you try to open may be blocked or closed and any bets may be voided.

3.1.3. You must enter all mandatory information requested into your registration form, in particular, your identity, your address and contact details, including a valid e-mail address, your place of residence, phone number, date of birth, relevant payment information; all of which must be true and correct. It is your sole responsibility to ensure that the information you provide is true, complete and correct. You are hereby notified that we carry out verification procedures and that your Member Account may be blocked for access or closed if you are found to supply false or misleading information.

3.1.4. If you notice that you have more than one registered Member Account you must notify us immediately. Failure to do so may lead to your Member account being blocked for access.

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

3.1.6. You are not allowed to transfer funds from your Account to other Account Holder or to receive money from other Account Holders into your Account, or to transfer, sell and/or acquire, user accounts.

3.1.7. Mr Green reserves the right to refuse or close a Member Account at its sole discretion but any contractual obligations already made by Mr Green shall be honoured accordingly.

3.1.8 Mr Green reserves the right to declare a wager void, partially or in full, if Mr Green, at its own discretion, deems it obvious that there was an error, mistake, misprint or technical error on the pay-table, odds or software.

3.2. Deposits into your Member Account

3.2.1. You may participate in any Game or Service only if you have sufficient funds on your Member Account for such participation. We shall not give you any credit whatsoever for participation in any Game or Service.

3.2.2. We may charge assigned fees for processing deposits depending on the selected method. Please see our Website, for the current fee structure. From time to time, we will assign minimum deposit levels and maximum deposit levels as specified on the Websites.

3.2.3. To deposit funds into your Member Account, you can use any of the methods specified on the Deposits page of the Website, as may be amended from time to time. Details in respect to the timings for withdrawals in respect to the method utilized are available on the relevant pages of the Websites, as may be amended from time to time.

3.2.4. We are entitled to conduct age and identity verifications upon first deposit. We also reserve the right to use additional procedures and means to verify your identity when effecting deposits into your Member Account.

3.2.5. Once the transaction has been made, the money will be drawn from your account and assigned credit card instantly.

3.3. Withdrawals

3.3.1. Withdrawals will be made to your bank account or via other withdrawal methods as set out in the Withdrawals page on the Website. We may charge assigned fees for processing such withdrawals. Please see our Website for the current fee structure. Mr Green will credit you back using the same method as you have previously deposited with, when possible.

3.3.2. If we mistakenly credit your Member Account with winnings that do not belong to you, whether due to a technical, error in the pay-tables, or human error or otherwise, the amount will remain property of us and the amount will be deducted from your Member Account. If you have withdrawn funds that do not belong to you prior to us becoming aware of the error, the mistakenly paid amount will (without prejudice to other remedies and actions that may be available at law) constitute a debt owed by you to us. In the event of an incorrect crediting, you are obliged to notify us immediately by email.

3.3.3. Mr Green will carry out additional verification procedures for any payout exceeding the equivalent of €1000 or cumulative withdrawals exceeding €2300 and further reserves the right to carry out such verification procedures in case of lower withdrawals. Such verifications may for example include copies of a member’s passport and/or copies of a member’s utility bills. Account Holders who wish to recover funds held in a closed, locked or excluded account, are advised to contact Customer Support.

3.3.4. All transactions shall be checked in order to prevent money laundering. The Company shall report any suspicious transaction to the relevant competent authorities. If the Member becomes aware of any suspicious activity relating to any of the Games or Services of the Website, he must report this to the Company immediately. Mr Green may suspend, block or close a Member Account and withhold funds if requested to do so in accordance with the Prevention of Money Laundering Act. Enhanced due diligence may be done in respect of withdrawals of funds not used for wagering.

3.4. Inactive/ Dormant Member Accounts

3.4.1. If no transaction has been recorded on your Member Account for thirty months, then your account shall be considered dormant and we shall remit the balance on your Member Account to you or, if you cannot be satisfactorily located, to the Malta Gaming Authority.

3.4.2. Inactive Account is a Member Account which has not recorded any log in or log out for a period exceeding twelve (12) consecutive months. If your Member Account is deemed to be inactive, the Operator reserves the right to charge a monthly administrative fee of EUR 5 (five euro) or the equivalent in another currency (or the current balance of your Member Account, if less) as long as the balance of your Member Account remains positive. You authorize the Operator to debit this fee from your Member Account on the beginning of the month following the day on which your Member Account is deemed inactive, and on the beginning of every subsequent month that your Member Account remains inactive. The Operator will stop deducting the fee if the account balance is zero or if the account is re-activated.

3.5. Miscellaneous

3.5.1. Please be advised that our products are consumed instantly when playing. Thus, we cannot provide returns of goods, refunds or cancellation of your service when playing. If you play a game or service with real money, the money will be drawn from your player account instantly.

3.5.2. If you win EURO €100,000 or more, we reserve the right to divide the payout into ten instalments, paid with 10 per cent every month for 10 months until the full amount is paid out.

3.5.3. You will not get any interest on outstanding amounts and you shall not treat the Company as a financial institution.

3.8. Bonuses, free spins and risk free bets

3.8.1 If you are eligible for a bonus, that is for example a login bonus of SEK 25, NOK 25 or EUR 3 or a deposit bonus of 100% up to a certain amount, wagering requirements will apply before you are eligible to make any cash-outs of the bonus or winnings. The wagering requirements, which can vary, will be displayed when receiving the bonus. If you would like to request a withdrawal before the wagering requirements are fulfilled, Mr Green will deduct the whole bonus amount as well as any winnings before approving any withdrawal. Wagering at Video Poker, roulette (any roulette), Black Jack (any Black Jack) or any other Table Game does not count in the wagering requirements. Risk-free bets on any games do not qualify for Mr Green’s wagering requirements. Local wagering requirements may be applied. Free spins may be subject to deposit requirements in accordance with the specific terms and conditions applying to the free spin offer. Mr Green reserves the right to impose, at our own discretion, geographical limitations to individual bonus and free spin schemes. Bonus and free spins at Mr Green can only be received once per household.

The following games are excluded from bonus wagering, but are not limited to: Table games (inc Caribbean Stud & Texas Hold 'em), Live casino games, Video Poker, Progressive Jackpots, Forsaken Kingdom, Pearls of India, The Wishmaster, Castle builder, Castle Builder 2, Devils delight, Mega Joker, Scrooge, Lucky Angler, Kings of Chicago, jackpot 6000, Tower Quest, Zombies and Robin Hood - Shifting Riches.

3.9. Closing of Member Accounts

3.9.1. If you wish to close your member account, you may do so at any time, by contacting customer support in written form. The effective closure of the Account will correspond to the termination of the Terms and Conditions. In case the reason behind the closure of the Account is related to concerns about possible gambling addiction the Member shall indicate it.

4.Responsible Gaming- Setting up Limits

4.1. You may at your discretion choose to exclude yourself from playing any Games on our Website. In order to block your access to the Games or to the Services and exclude yourself, you need to send an email to customer support indicating the following particulars “I want to be excluded from www.garbo.com”. You can optionally specify the time period for which you want to exclude yourself. Alternatively visit www.garbo.com to click on the self-exclusion option in your account settings.

4.2. You may also choose to set a limit on the amount you may deposit, wager within a specified period of time, or on the losses you may incur within a specified period of time or on the amount of time you wish to play in one session. In order to set the aforementioned limits, you may contact our Customer Support or use the relevant settings in your Member account.

4.3. When setting up your Member Account, or at any time you want, you may also choose to set a limit on the amount you may wager within a specified period of time, or on the losses you may incur within a specified period of time. You may change or revoke the limit or exclusion by written notice or electronic notice given to Mr Green. A notice increasing or revoking a limit or decreasing the exclusion has effect only after seven days after Mr Green has received the notice. If funds are not withdrawn before the setting up of an exclusion period, you are advised to contact customer care to recover your funds.


4.4. Login to your account and set-up limits of play in respect of maximum stakes and maximum deposits and session time. Please contact the support should you have any questions.

4.5. For all the above options and if you do not wish to proceed as described you can contact the Customer Support at [email protected]

4.6. For more information on Responsible Gaming, please refer to our website.

5. Privacy Policy

5.1. You hereby acknowledge and accept that it is necessary for us to collect and otherwise use your personal data in order to allow you access and use of the Websites and in order to allow you to participate in Games or access the Services.

5.2. We hereby acknowledge that in collecting your personal details as stated in the previous provision, we are bound by the Data Protection Act, Chapter 440 of the laws of Malta. We will protect your personal information and respect your privacy in accordance with best business practices and applicable laws.

5.3. We will use your personal data to allow you to participate in the Games and access the Services and to carry out operations relevant to your participation in the Games or in the Services. We may also use your personal data to inform you of changes, new services and promotions that we think you may find interesting. If you do not wish to receive such direct marketing data, you may opt out of such service (please log in to your Garbo account / edit profile in order to opt out). If you wish to opt-in again and receive any kind of marketing material by contacting Customer Support.

5.4. Your personal data will not be disclosed to third parties, unless such disclosure is necessary for the processing of your requests in relation to your participation in the Games or Services or unless it is required by law. As Mr Green’s business partners or suppliers or service providers may be responsible for certain parts of the overall functioning or operation of the Website, personal data may be disclosed to them. Employees of Mr Green, in specific Customer support, the payment team and other employees shall also have access to your personal data for the purpose of executing their duties and providing you with assistance and the Service. You hereby consent to such disclosures.

5.5. We shall keep all information provided as personal data. You have the right to access personal data held by us about you. No data shall be destroyed unless required by law, or unless the information held is no longer required to be kept for the purpose of the relationship.

5.6. In order to provide you with an efficient service, we and/or our service providers may transfer your personal data from one country to another world-wide.

5.7. In the processing of your betting account and associated transactions, we may have recourse to credit rating agencies, fraud detection agencies, anti-money laundering agencies. These agencies may keep a record of your information. You hereby consent to such disclosures.

5.8. In order to make your visit to the Websites more user-friendly, to keep track of visits to the Websites and to improve the service, we collect a small piece of information sent from your browser, called a cookie. You can, if you wish, turn off the collection of cookies (please refer to your browser instructions as to how to do this). You must note, however, that turning off cookies may restrict your use of the Websites. For more information, please refer to our Cookie Policy Document.

5.9. We may contact you periodically with offers and promotions from other brands which are operated by and under the licenses of Mr Green Limited.

5.10. Calls may be recorded and used for training purposes. We can disclose the content following order by any Governing Authority to do so, or under any provision in the Governing Law. Calls and electronic communications are stored for one year and then deleted from the system. 

6. Complaints and Disputes

6.1. If you have a complaint to make regarding our services, please email our customer service. Mr. Green will use best efforts to resolve a reported matter promptly.

6.2. If, for some reason, you are not satisfied with the resolution of your complaint by Mr Green, you may report a complaint to the Malta Gaming Authority: Building SCM02-03, Level 4, SmartCity Malta, Ricasoli, SCM1001, Malta, Telephone Number: +356 2546900, email:  [email protected]

7. Miscarried and aborted games and services

7.1. The Company is not liable for any disturbance due to maintenance, downtime, server disruptions, lagging, or any technical or political disturbance or events out of Mr Green’s control to the game play or to the service access. Refunds may be given solely at the discretion of the management on a case by case basis.

7.2. The Company shall accept no liability for any damages or losses which are deemed or alleged to have arisen out of or in connection with website or its content; including without limitation, delays or interruptions in operation or transmission, loss or corruption of data, communication or lines failure, any person's misuse of the site or its content or any errors or omissions in content.

78.3. In the event of a system malfunction all wagers and bets are void, and the amount wagered will be refunded.

7.4. In the event a game or a service is started but miscarries because of a failure of the system, the Company shall refund the amount wagered in the game or the amount betted to the Account Holder by crediting it to the Account Holder’s Account or, if the account no longer exists, by paying it to the Account Holder in an approved manner; and if the Account Holder has an accrued credit at the time the game or service miscarried, credit to the Account Holder’s Account the monetary value of the credit or, if the account no longer exists, pay it to the Account Holder in an approved manner.

8. Limitation of Liability

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

8.2. Without prejudice to the generality of the preceding provision, we, our directors, employees,

8.2.1. do not warrant that the software, Games, Services and the Websites are fit for their purpose;

8.2.2. do not warrant that the software, Games, Services and the Websites are free from errors;

8.2.3. do not warrant that the software, Games, Services and the Websites will be accessible without interruptions;

8.2.4. shall not be liable for any: a) loss; b) costs; c) expenses; or d) damages, in each case whether direct, indirect, special, consequential, incidental or otherwise, arising in relation to your use of the Websites or your participation in the Games or in the Services. 
This clause shall not be considered to be excluding liability for anything which it would be unlawful to exclude under applicable law. Nothing in these Terms and Conditions will operate as to exclude any liability Garbo or Mr Green may cause in respect of either fraud, or death or personal injury caused by our gross negligence.

8.3. You understand and acknowledge that, if there is a malfunction in a Game, in a Service or its interoperability, any bets made during such malfunctioning shall be void. Funds obtained from a malfunctioning Game or Service shall be considered void, as well as any subsequent game rounds or Services with said funds, regardless of what Games or Services are played using such funds.

8.4. To the extent permitted by law, our maximum liability arising out of or in connection with your use of the Websites, regardless of the cause of actions (whether in contract, tort, breach of warranty or otherwise), will not exceed the value of the wagers you placed via your Account in respect of the wager or product that gave rise to the relevant liability and in no other case exceed €10,000 or equivalent in other currencies.

9. Breaches, Penalties and Termination

9.1. If you breach any provision of these Terms and Conditions or we have a reasonable ground to suspect that you have breached them, we reserve the right to not open, to suspend, or to close your Member Account, or withhold payment of your winnings.

10. Severability

10.1. If any provision of these Terms and Conditions is held to be illegal or unenforceable, such provision shall be severed from these Terms and Conditions and all other provisions shall remain in force unaffected by such severance.

11. Assignment

11.1. We reserve the right to assign or otherwise lawfully transfer this agreement. You shall not assign or otherwise transfer this agreement.

12. Entire Agreement

12.1. These Terms and Conditions constitute the entire agreement between you and us with respect to the Websites and, save in the case of fraud, supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Websites.

13. Applicable law and jurisdiction

13.1. These Terms and Conditions shall be governed by the Laws of Malta.

13.2. You acknowledge that, unless stated otherwise, the Games and the Services are organized in Malta and your participation in these Games and Services takes place within the aforementioned territory. Any contractual relationships between you and Mr Green shall be deemed to have been entered into and performed by the parties in Malta, at the registered address of Mr Green.