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Terms and Conditions
X|O Casino Terms and Conditions
Please read these Terms and Conditions ("T&Cs") carefully before using any X|O Casino websites ("Website") or X|O Casino mobile applications ("Application") as they govern your rights and obligations when accessing and/or using the X|O Casino Website and/or Application and/or services offered by X|O Casino from time to time including online casino gaming services ("Services"). By accessing and/or using the X|O Casino Website and/or Application and/or Services you irrevocably agree to be bound by these T&Cs.
For the purposes of these T&Cs:
- "We", "Us" or "Our" refers to Hesketh Limited, Hesketh Limited and/or X|O Casino as the context requires.
- "You", "Your" or "Player" refers to any person who accesses and/or uses the Website and/or Application and/or Services.
Hesketh Limited is a company duly registered and incorporated under the laws of England with registered number 2012 and registered address at
63 Hulme Hall Rd, Cheadle Hulme, Cheadle
Hesketh Limited is a company duly registered and incorporated under the laws of Malta with registered number C91225 and registered address at Villa Seminia 8, Sir Temi Zammit Avenue, Ta’ Xbiex, Malta.
Hesketh Limited form part of the group of companies trading as X|O Casino ("X|O Casino").
#### 1. INTRODUCTION
1.1 These T&Cs constitute a legally binding agreement between You and Us.
1.2 We reserve the right to modify these T&Cs at any time without prior notice to You. Such modifications shall enter into force and be incorporated into these T&Cs immediately upon being uploaded to the Website and/or Application. You are therefore advised to check these T&Cs from time to time to ensure that You are aware of the current version of these T&Cs that apply to Your access and/or use of the Website and/or Application and/or Services.
1.3 Your continued use of the Website and/or Application and/or Services constitutes Your irrevocable acceptance of these T&Cs as amended from time to time.
1.4 In addition to these T&Cs, Your access and/or use of the Website and/or Application and/or Services may be subject to additional terms and conditions and/or policies including but not limited to bonus terms and conditions, promotional terms and conditions and a privacy policy which are accessible on the Website and/or Application from time to time (together "Additional T&Cs"). For the avoidance of doubt, these T&Cs must be read in conjunction with any Additional T&Cs and in the event of any inconsistency between these T&Cs and any Additional T&Cs the Additional T&Cs shall prevail unless expressly stated otherwise herein.
1.5 The Website and/or Application and/or Services are intended for persons aged nineteen (19) or over only (subject to clause 3 below). Any person who is under the age of nineteen (19) is strictly prohibited from accessing and/or using the Website and/or Application and/or Services.
#### 2. RESPONSIBLE GAMBLING
2.1 X|O Casino takes its responsibilities in respect of safer gambling very seriously and offers You various tools and options to assist You with gambling responsibly including but not limited to setting deposit limits, taking a break and self-exclusion. Further information in respect of the tools and options available to You can be found on the Website and/or Application under the “Responsible Gambling” section.
2.2 You acknowledge and agree that Your access and/or use of the Website and/or Application and/or Services is at Your sole discretion and risk and that You are solely responsible for ensuring that Your gambling activities remain at a level which You are comfortable with from a financial and wellbeing perspective.
2.3 You acknowledge and agree that should You choose to self-exclude from the Website and/or Application and/or Services You shall not be permitted to open, attempt to open or access any existing accounts with X|O Casino until such self-exclusion period has ended.
#### 3. PLAYER ELIGIBILITY AND RESTRICTIONS
3.1 Where You are resident in North America, You confirm that You are aged nineteen (19) or over.
3.2 Where You are not resident in North America, You confirm that You are aged either:
- nineteen (19) or over; or
- such other minimum legal age required for gambling as determined by the laws of the jurisdiction in which You reside;
whichever is the greater.
3.3 Regardless of Your place of residence, You must not access and/or use the Website and/or Application and/or Services if You are physically located in any of the following jurisdictions at the time of such access and/or use: Belarus, Belgium, China, Curacao, Democratic People’s Republic of Korea, France (including its territories), Germany, Guernsey, Hong Kong, Iran, Iraq, Isle of Man, Israel, Italy, Myanmar, Netherlands, Philippines, Portugal, Romania, Singapore, South Africa, Spain, Syria, Turkey and Yemen (together “Restricted Jurisdictions”).
3.4 Employees, officers and directors of X|O Casino (including any companies within the same group of companies as X|O Casino) together with their immediate family members (being spouse, partner, parents, siblings and/or children) are strictly prohibited from accessing and/or using the Website and/or Application and/or Services beyond accessing free-to-play games (where available).
#### 4. PLAYER ACCOUNT
4.1 In order to access and use certain aspects of the Website and/or Application and/or Services including real money play You will be required to open an account with Us ("Account").
4.2 In order to open an Account You will be required to provide certain personal information including but not limited to Your name, address, date of birth, email address and telephone number together with certain financial information including but not limited to payment method details ("Personal Information").
4.3 You warrant and represent that all Personal Information provided by You when opening an Account and from time to time thereafter upon Our reasonable request:
- is true, accurate and complete;
- relates to You personally and not a third party; and
- shall be kept up to date by You.
4.4 You acknowledge and agree that We reserve the right to undertake such verification and identification checks in respect of You and Your Account as We may reasonably require from time to time including in order to comply with Our regulatory obligations under the Licences and any other applicable laws including but not limited to anti-money laundering laws and that Your access to Your Account and/or the Website and/or Application and/or Services may be restricted, suspended or terminated pending the completion of such checks to Our satisfaction.
4.5 You shall only be permitted to open and operate one Account with Us unless We provide Our prior written consent for You to open and operate more than one Account.
4.6 Your Account is for Your personal use only and must not be used by any third party or for any commercial purposes whatsoever.
4.7 You are solely responsible for keeping Your Account login details (including username and password) safe and secure and We shall not be liable for any losses incurred by You as a result of Your failure to do so unless such failure is directly attributable to Our negligence or wilful default.
#### 5. DEPOSITS AND WITHDRAWALS
5.1 In order to participate in real money play via the Website and/or Application and/or Services You will be required to deposit funds into Your Account using one of the payment methods made available by Us from time to time ("Deposit").
5.2 You warrant and represent that all funds deposited into Your Account:
- belong to You personally and not a third party;
- have been legally obtained; and
- are not derived from any illegal or fraudulent activity.
5.3 We reserve the right to refuse any Deposit at Our sole discretion and without notice to You including where We have reason to believe that such Deposit breaches these T&Cs and/or any applicable laws.
5.4 Subject to clause 5.5 below You shall be entitled to withdraw funds from Your Account at any time using one of the withdrawal methods made available by Us from time to time ("Withdrawal").
5.5 We reserve the right to undertake such verification and identification checks in respect of any Withdrawal as We may reasonably require from time to time including in order to comply with Our regulatory obligations under the Licences and any other applicable laws including but not limited to anti-money laundering laws and Your Withdrawal may be delayed, restricted or refused pending the completion of such checks to Our satisfaction.
5.6 Minimum and maximum Deposit and Withdrawal limits may apply from time to time and shall be as notified to You on the Website and/or Application.
5.7 You acknowledge and agree that We do not operate as a financial institution and therefore no interest shall accrue or be payable to You in respect of any funds held in Your Account.
#### 6. USE OF WEBSITE, APPLICATION AND SERVICES
6.1 Subject to Your compliance with these T&Cs We grant You a non-exclusive, non-transferable, revocable licence to access and use the Website and/or Application and/or Services for Your personal, non-commercial use only.
6.2 You shall not:
- use the Website and/or Application and/or Services for any illegal or fraudulent purpose;
- interfere with or disrupt the operation of the Website and/or Application and/or Services or the servers or networks used to make the Website and/or Application and/or Services available;
- attempt to gain unauthorised access to any aspect of the Website and/or Application and/or Services including but not limited to other Player Accounts; or
- reproduce, duplicate, copy, sell or otherwise exploit the Website and/or Application and/or Services (including any content contained therein) for any commercial purpose whatsoever.
6.3 We reserve the right to suspend, restrict or terminate Your access to the Website and/or Application and/or Services at any time and without notice to You including where We have reason to believe that You have breached these T&Cs and/or any applicable laws.
6.4 We reserve the right to void any winning resulted in game malfunction, glitch manipulation or any exploitation found by the game providers and/or our Risk Management staff.
#### 7. INTELLECTUAL PROPERTY
7.1 All content contained within the Website and/or Application and/or Services including but not limited to text, graphics, logos, images, audio, video and software ("Content") is owned by or licensed to Us and is protected by copyright, trademark and other intellectual property laws.
7.2 You acknowledge and agree that nothing in these T&Cs grants You any rights in respect of the Content other than the limited licence to access and use the Website and/or Application and/or Services in accordance with clause 6.1 above.
#### 8. LIMITATION OF LIABILITY
8.1 To the fullest extent permitted by applicable law We shall not be liable to You for any indirect, consequential, special or punitive damages arising out of or in connection with Your access and/or use of the Website and/or Application and/or Services including but not limited to loss of profits, loss of data or loss of goodwill whether arising in contract, tort (including negligence) or otherwise.
8.2 Our total aggregate liability to You arising out of or in connection with Your access and/or use of the Website and/or Application and/or Services shall not exceed the amount of funds held in Your Account at the time such liability arises.
8.3 Nothing in these T&Cs shall exclude or limit Our liability for death or personal injury caused by Our negligence or for fraud or fraudulent misrepresentation.
#### 9. INDEMNITY
9.1 You agree to indemnify and hold Us harmless from and against any and all claims, damages, losses, liabilities, costs and expenses (including reasonable legal fees) arising out of or in connection with:
- Your breach of these T&Cs;
- Your access and/or use of the Website and/or Application and/or Services; or
- Your violation of any applicable laws.
#### 10. TERMINATION
10.1 You may terminate Your Account at any time by contacting Our customer support team via the Website and/or Application.
10.2 We reserve the right to terminate Your Account and/or Your access to the Website and/or Application and/or Services at any time and without notice to You including where We have reason to believe that You have breached these T&Cs and/or any applicable laws.
10.3 Upon termination of Your Account for any reason any funds remaining in Your Account (subject to any applicable deductions including in respect of bonuses or promotions) shall be returned to You via a withdrawal method of Our choosing unless such funds are subject to any ongoing investigation or dispute.
#### 12. MISCELLANEOUS
12.1 These T&Cs constitute the entire agreement between You and Us in respect of Your access and/or use of the Website and/or Application and/or Services and supersede all prior agreements, understandings and negotiations whether written or oral.
12.2 If any provision of these T&Cs is found to be invalid or unenforceable by a court of competent jurisdiction such provision shall be severed from these T&Cs and the remaining provisions shall remain in full force and effect.
12.3 No failure or delay by Us in exercising any right or remedy under these T&Cs shall constitute a waiver of such right or remedy nor shall it preclude or restrict the further exercise of such right or remedy.
12.4 You may not assign or transfer any of Your rights or obligations under these T&Cs without Our prior written consent. We may assign or transfer Our rights and obligations under these T&Cs at Our sole discretion and without notice to You.
12.5 These T&Cs are drafted in the English language. In the event that these T&Cs are translated into another language and there is any inconsistency between the English version and such translated version the English version shall prevail.
For any questions or concerns regarding these T&Cs please contact Our customer support team via the Website and/or Application.
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