B&M SA is a Limited Company existing under the laws of Belgium, with its registered address at 9950 Waarschoot (Belgium), Leeuw Van Vlaanderenlaan, 15, BCE (Banque Carrefour des Entreprises) business number 0437.057.848. The Company holds a License B under Belgian law for the operation of class II games of chance. This license allows the company to obtain a License B+ under Belgian law, to operate a virtual online class II games room, using a software package.

B&M SA owns and is responsible for the website, which can be accessed via the URL: betfirstcasino.be. The aforementioned virtual games room, is also accessed via this same URL and is open to players.

The words and terms below, when used in this contract, have the meaning given here, unless the context clearly implies otherwise:

- B&M SA: an online gaming operator, offering services for games of chance online via the betfirstcasino.be website.

- CGU: General Terms and Conditions of Use of the site.

- User Account: the user account is a personal account opened by a client (the “Player”) allowing them, within the conditions set out in this contract, to access the Software that allows the player participate in online games of chance.

- Agreement: the agreement means all of the clauses drawn up in the present Conditions of Use along with detailed rules and instructions of the Software and games of chance available on the Website.

- Player: means all persons over 21 years old who have registered on the Website and are holders of a user account.

- Software: means all the programmes, files, data and all other contents on or related to the betfirstcasino.be website (the “Site”), which allow players to take part in online games.

- Username and password: is the username and password that the Player has chosen at the time of registration on the online gaming Site;

- Us, We: B&M NV

- Site: means the website available via the URL www.betfirstcasino.be, and all other related sites which are accessible through links or other access paths.

- You: the Player, and more generally any user of the Software.

- The Parties: jointly means the user of the software and B&M SA.

This Agreement governs access to the Software, and participation in free or paying online games available on the Site. B&M SA operate these games under the authority of the Belgian Gaming Commission for Games of Chance.

4.1 FIELD OF APPLICATION The Agreement forms, together with the detailed rules and instructions of the Software and B&M games of chance, an inseparable contract. The latter constitute the entire agreement between the Parties and detail the contents of the agreement which binds them. In addition, they supersede and cancel all previous agreement(s) entered into by the Parties and are applicable to all access to the Software and all participation by the Player from the day that they are published online.

The application of the present Contract is an essential part of the agreement between you and B&M SA. Therefore, the player does not have the right to deviate from these conditions unless he/she has prior informed consent, in writing. The Player does not have the right to claim the application of any other conditions, whatsoever. The present General Conditions of Use (GCU) constitute the entire agreement between B&M SA and the player.

We reserve the right to modify the GCU. In this instance we commit to communicating the new version of the GCU to the Players via the Site, along with the date that the new terms came into force. The latter will always mention when the GCU were last updated. If this date has not been changed by the time Player “refreshes” the Site homepage in their browser, no possible modifications which were made after the date mentioned on the Site will be enforceable.

If, after the homepage is updated, the date of the GCU has been modified, the new version will supersede and cancel the previous one, and will govern all future participations of the Player, from the date of publication.

The Parties agree that their relations shall be exclusively governed by the GCU, excluding all other conditions available websites referenced by B&M SA or not, or by a site which references B&M SA.

4.2 OPPOSABILITY

This electronic signature between the Parties, holds the same value as a handwritten signature; it is proof that the Player has taken cognizance of the Contract, of their consent to registration and their adhesion to the Agreement which is therefore enforceable; it also expresses the consent of the Player to the payment of amounts due pursuant to such registration and any amounts due because of Player's participation in the games available on the Site.

4.3 PERSONAL DATA

4.3.2 Information provided by the user must be accurate and up to date.  Users can access their account at any time to change their personal information, such as an address. This can be done in the "My Account" section of the site or by contacting Customer Services at [email protected] betfirstcasino.be. Users can also delete credit card details at any time, and/or register a new card. The absence of information regarding such changes will lead to the rejection of transactions by the user’s bank, savings bank or credit card issuer, and we assume no liability for the cancellation of such transactions due to failure to provide correct personal details. It is also the responsibility of the user to protect themselves against credit card loss or theft, and to immediately contact Customer Services in the event of their card being lost or stolen.   Please note that no changes may be made to the first name, surname and date of birth provided upon registration, unless satisfactory proof is provided, and all other personal details are legally changed according the laws of the country where you reside.

4.3.3 The chosen username must not be obscene, threatening, racist, abusive, derogatory, defamatory or in breach of intellectual property or proprietary rights of a third party. If we deem, at our sole and absolute discretion, that the chosen username is inadequate, we reserve the right to reject and prevent the use of such a username at any time and without obligation to notify the user.

4.3.4 Usernames and passwords should not be disclosed to third parties and the user is solely responsible for any actions that occur as a result of access to the Service by a third party. Any breach of the CGU by a third party will be the responsibility of the user.

4.3.5 In the event of a lost or forgotten password, or if the user suspects that a third party has access to their account, the user should inform B&M SA immediately.

4.3.6 For security reasons, five incorrect entries of a username and password will result in the temporary suspension of the User Account. B&M SA reserves the right to request the sending of an official piece of identification with a photograph (copy of ID card, passport or driving licence) before reactivating the account.

4.3.7 B&M SA can at any moment change the Account username and/or password and inform the user of all amendments made by using the contact information provided at the time of registration.

4.3.8 B&M SA guarantee the total security of your personal data against all unauthorised access. Nevertheless, the user is solely responsible for the confidentiality of their username and password to prevent access by third parties.

4.3.9 The information provided by the user is strictly confidential and will be used by B&M SA and, if needed, by one or more groups in the Company. This may be in order to set-up and manage User Accounts, collect customer profiles and to give you the opportunity to use the Services available on the website.

4.3.10 The information provided by the user is strictly confidential & nevertheless, it is the responsibility of B&M SA to provide the necessary data to the judicial authorities as part of a criminal investigation.

4.3.11 Personal information is used by B&M to create and manage the User Account. B&M SA may also use these data for commercial purposes provided that the user is not expressly opposed to the idea at the time of signing up to the Site. If the user accepts, B&M SA may use data from the user to send them direct marketing emails and SMS messages about new products and/or offers that we think may be of interest, offers created by us or by another company in the Group. The user will receive these offers from the date of registration. The user may choose to unsubscribe by contacting our customer service team at [email protected]

4.3.12 For more information about the use of your personal data please consult our Confidentiality page.

5.1 OPENING A USER ACCOUNT

Access to the Software and participation in the games available on the Site is reserved to Players who have previously, and validly, registered by completing the registration form, which can be found on the Site. This registration procedure involves the Player having to sign in using a username, e-mail address and password, along with other personal information.

At the time of registration the Player is obliged to provide accurate, up-to-date information in full; it is therefore forbidden to use inaccurate data which is contrary to public policy or morality, and to impersonate a third party or to choose a username that may be confused with another player.

It is forbidden to create several user accounts, from the same computer or different computers and/or the same Internet access. The user account is personal to the Player and cannot be transferred or made available to a third party, by any means, even for free.

The games proposed on the Site are reserved for Players, physical people, aged 21 and over.

To be considered a Player, the user must satisfy the following conditions: *Be a physical person; *Be aged 21 or over; *Not be banned from playing by the Belgian Gaming Commission and/or under the Law in their country of residence;

In accordance with the Belgian law in force, the practice of games offered on the BetfFirstcasino.be website is forbidden to magistrates, notaries, bailiffs and members of the police except if needed for work purposes.

By creating an account on the BetfFirstcasino.be website, in accordance with the procedures set out in Article 5.2 of the current general conditions, the Player, certifies on their honour not to carry out an occupation that violates the provisions of this article.

* Have the legal capacity and validly to enter into this Agreement.

Registration is reserved to Players who have full legal capacity in terms of the laws in force in their country of residence. Players who, for whatever reason, are subject to protective measures, such as for example temporary money management by somebody else, or if they are banned, for any reason whatsoever, from participating in games, lotteries and casinos, they are also not allowed to register to Games. In any case, any person who is incompetent in the sense of Articles 1123 and followings of the Belgian Civil Code, may not, under any circumstances, participate in Games.

Accepting these terms and conditions by ticking the "I HAVE READ AND AGREE TO THE GENERAL TERMS AND CONDITIONS OF USE" box means that the player declares that they are satisfied with the above conditions.

The information provided when opening the user account must be truthful, complete, accurate and updated by the Player. The Player agrees to inform B&M SA within thirty (30) days of any changes to the data provided during registration. If it appears that the above registration conditions are not satisfied or that the information supplied is not accurate or no longer sincere, complete or current, B&M SA reserves the right to deny access to Software, refuse to open the user account and to terminate the Player user account pursuant to Article 8 of this Agreement.

5.2 PLAYER REGISTRATION PROCESS

Registration of which the process is described in the current article allows for the opening of a User account.

Registration is carried out according to the following steps:

Step 1: Collection of personal data from the User

A form to be filled out is presented to the user at the following address:

Unless otherwise stated, all fields must be completed:

Surname, First Name, National register number, date and place of birth should not be amended, except through Customer Service as referred to in Article 10.2.

Step 2: Player username

Once personal data has been collected after Step 1, a second data entry form is presented to the user in order to collect data from which he/she will be identified when logging in to the Software and during the running of Games available on the Site. Unless otherwise stated, all fields must be completed:

Step 3: Player Statement

By ticking the box “YES”, the Player accepts that they will be communicated the above commercial information. - The user solemnly swears:

By clicking on the submit button, the certification input field is then monitored. If you forget or if there is a mismatch, an error will be indicated. In such cases, the registration process will be terminated. On the contrary the Player will be invited to continue the registration process, in step 4.

Step 4: Validation of player account

Once the player has registered, their information will be verified by the ‘Commission des jeux de hasard’ (Gaming Commission), via a Web Service call from betFIRST. If the player is authorised to play, they may then access their account immediately.

5.3 ACCESS, PROCESSING AND MANAGEMENT OF PLAYER PERSONAL DATA

A. Access by the Player

In accordance with European and National legal provisions (2), the Player may exercise their right to access the file and to rectify information pertaining to them, by going to the “Personal Data” section under “My account” tab. By clicking the “MY ACCOUNT” tab on the site homepage the Player can access their personal information at any time.

The Player can change their password, by entering their old password, and then entering a new password twice (2). All other changes will need to be made by Customer Service which is expressly referred to in Article 10.2.

The player may exercise the right to delete information about themselves by contacting Customer Service which is expressly referred to in Article 10.2, or by post addressed to B&M SA which is mentioned in Article 1.

All requests to exercise the right to access or delete information may also be made in writing, and signed by the requestor. The request must include the address to where the response should be sent, be accompanied by proof of identity, and be sent to the following email address [email protected]. B&M SA will respond to your request within one (1) month, which is to be counted from the date of reception. This is on the condition that the request is clear enough, and holds all the information needed to respond to your request; otherwise B&M SA will invite you to complete the request again in full.

B. Processing and use of Player personal data

In accordance with the same provisions set out above, the processing of personal data collected on the Site was the subject of a statement at the Privacy Commission. B&M SA is responsible for data processing, and is registered as responsible for the processing of personal data at the Privacy Commission. The person, within the company, who is responsible for the processing of personal data, and in charge of answering questions from Players on this topic, can be reached via the following address [email protected].

All information stated in Articles 5.1 and 5.2 are personal and confidential. B&M SA is committed to processing them as such.

Only B&M employees and service providers (who are bound by a confidentiality clause) have access to personal data for the purposes of carrying out tasks in relation to the operating of the Site, or to provide services. B&M SA, Sagevas SA and all the companies that make up these companies are the ones who will receive the data.

Personal data will only be processed by B&M SA’s internal services and service providers (who are bound by a confidentiality clause) for the processing of registrations and participations from Players in games and chat rooms and for the potential sending of newsletters (if the Player consented to this at the time of registration). Personal data may also be processed by the latter in order to reinforce and personalise communication especially through the sending of information letters/emails. In addition, data processing may be carried out to make the Site more personal and to ensure the smooth running of games, player participation, chat forums and the potential sending of newsletters on the Site, depending on the choices made during registration.

B&M SA may not transfer any personal data, (freely or not), to any third party without consent from the Player to the use of their personal data in accordance with Article 5.2.A, Step 3.

On the other hand, B&M SA can, after obtaining prior explicit individual consent from the Player, transmit all or part of the personal data concerning the player, for the benefit of contractual partners, for the purposes of canvassing in particular commercial canvassing. Players also have the right object (free of charge) to the processing of their personal data by B&M SA or by their commercial partners for the purposes of prospecting, in particular business prospecting.

The Player declares that they have been informed and accept that B&M SA additionally provides consolidated statistics in relation to its Players, games, trade patterns and information provided on the Site for their partners; nevertheless, these statistics do not contain personal data.

The Player agrees to the reproduction of their username on the B&M SA, and partner websites when they win a tournament, winnings and/or a prize.

Certain web pages on the Site may contain electronic images or “Web beacons” (tags), which enables the number of page visitors to be counted. These web beacons may also be used with some of B&M SA’s partners in order to measure and improve the effectiveness of certain actions. The information obtained through these web beacons enable statistics to be gathered on the number of visits to certain pages on the Site, this is done in order to better serve Players.

The Player expressly and specifically consents to these usages.

B&M SA reserves the right to transmit personal data provided by the user, either to fulfill a legal obligation or pursuant to a court order or administrative decision. The Player declares that they are aware and accept that the data is being transmitted to the Gaming Commission in accordance with legal provisions.

This clause does not in substance preclude the sale or transfer shares of B&M SA to third parties.

C. Preservation of personal data

Personal user information is stored on B&M SA gaming servers. No other third party, apart from B&M SA service providers (bound by a confidentiality clause), may have access to this information.

All data is stored in encrypted, secure files. Should a third party gain access to these files B&M SA is committed to implementing all the measures they can to ensure that the information in these files remains illegible.

The data will be retained until the account is closed by the user, with the exception of data required to establish proof of a law or a contract, which may be archived by B&M SA for a longer period of time.

The data may be disclosed to B&M SA service providers in order to operate this conservation service.

In any case, in the event of the closure of a registration following fraudulent gaming activity or activity on the Site, B&M SA reserves the right to keep all the data linked to the deleted account, especially but not limited to, connection parameters (username, password, IP address, address) and history of activity (games played, gaming statistics, and withdrawal requests).

D. Responsibility of the Player

It is the responsibility of the Player to respect the confidentiality of their personal data and, in particular their password.

The Player is fully responsible for the safekeeping, use and transfer of their username and password. In particular, the Player agrees to be aware of the inherent risks of using the automatic saving option which may be offered on their computer in order to remember their username/password, and assumes full responsibility of using this function and its potential consequences.

B&M SA advises the user not to communicate data concerning them by email or by fax without B&M SA explicitly having requested them to do so. It is up to the user to check in advance that B&M SA has made such a request.

All use of the player’s username and password is assumed to have been carried out or duly authorised by the Player. On the other hand, B&M SA will not be held responsible for prejudicial consequences affecting the Player from illicit, fraudulent or abusive use of login details or access to the Site by a third party who is not clearly authorised by the Player. Moreover, if the Player is unable to access their account due to forgotten login details (for which recovery procedures are in place art. 5.3), they will solely be held responsible.

All illicit use of a Player’s username or password must be brought to the attention of B&M SA as soon as possible so it can be registered, and so they can put an end to the fraudulent use. The same applies if the Player suspects that any of their login details are no longer secure. The notification by the Player of this non-authorised use imposes no statutory obligation on the part of B&M SA to intervene, and does evade the responsibility of the Player in the event that the Organiser is not able to protect against the consequences of this said use.

B&M SA reserves the right to request that the user changes their username and password if they deem them to be no longer secure. Similarly, in accordance with Art. 8 of the present agreement, B&M SA reserves the right to temporarily or permanently suspend the user’s access to the Site using their username and password, if they suspect abusive activity has taken place thereof and more generally, in the event of non-compliance of the present Agreement.

B&M SA declines in all cases any liability for any misuse of a Player’s username or password. Similarly, B&M SA in all instances will not be held responsible for the consequences which arise due to the Players password not being strong enough.

6.1 LEGAL COMPLIANCE WITH THE RULES OF ACCESS AND PARTICIPATION IN GAMES

By registering, the Player agrees to respect Belgian law and the laws in force in their country of residence. The player is forbidden from all participation in Games if they are not 21 years old or older, if they are not of full legal capacity, if they are banned from playing, or if the laws in their country of residence forbid them to do so, or if they are subject to a playing ban, whatever it may be.

From the time of registration, and in line with Article 5 of the current Agreement the Player is authorised to use the Site, the Software and games for non-commercial purposes. This right is granted as a personal, non-exclusive, non-transferable license to use the Software, subject to compliance with this Agreement and the following conditions, in particular:

a. All information included on the registration form submitted to B&M SA must be true, sincere, accurate, up-to-date and complete, and correspond to the information that appears on your ID card and the bank papers used when making deposits and receipts.

b. Participation in games should be carried out exclusively online via the Site, using the username and password of the Player. The Site is accessible via all hardware, in particular via a computer, mobile phone and all other outlets with an internet connection (Smartphone, iPhone, iPod touch, games consoles, SmartTV, etc.).

The Player claims to be aware that access to the Site and participation in Games assumes that they have an internet connection at their disposal, making it possible to access the Site. They release B&M SA of all liability in the event that access to the Site and the participation in Games is not possible due to force majeure, or in the event that the Player cannot access the Site due to use of inadequate or configured equipment by the Player or by a third party.

The Player guarantees to B&M SA that the equipment used is free from all defects that will affect the smooth running of the Site, Software and games. For this purpose, they are obliged to use up-to-date anti-virus software.

c. Use of the Software, the Site and games is granted on a personal basis, only to the Player who has duly registered beforehand. You may not under any circumstances authorise a third party to use your account, your password or your identity to access the Software, the Site or Games. Any complaints relating to activity carried out on your account by a third party will not be dealt with B&M SA.

Under no circumstances will B&M SA be held responsible for fraudulent or abusive use of a user account or stolen credit or debit card, this still stands even if said fraudulent/abusive use of the user account or the stolen cards have been reported to B&M SA. The same applies if the Player forgets, mislays or loses their password.

The Player is therefore solely responsible for any use by a third party of their software, email address, name, username and/or password and even their bank card number, whether or not said use was authorised by the Player. They will comply with the prescribed Art. 5.3.d hereof and will not hold B&M SA liable for any third party use of their username or password. The Player is obliged to take all the appropriate measures in order to maintain the confidentiality of this. For this purpose, they will make sure that they log off their account at the end of each session.

The Player will ensure that the links through which they participate in the Games do indeed lead to the Site, in particular the www.betfirstcasino.be web site. Any participation in games outside of the Site, particularly via a web address other than www.betfirstcasino.be is deemed non-existent; the Player will not hold B&M SA liable for the consequences thereof.

d. B&M SA reserves the right to limit or refuse any bet, wager, or any other type of gamble made by the user, or through their account.

e. The Player agrees to not committing any act, or adopting any behaviour which may harm or damage the reputation of B&M SA, the Site, Software or games or other Players and the proper functioning of the Software, Site and games.

It is forbidden, by any means to modify or attempt to modify the features of the games offered, especially with the aim of modifying the results or any determining elements from a game and the winners of a game.

The Player is banned from using or trying to using or trying to use the stochastic calculus (Martingale) or any software equipped with artificial intelligence in relation with use of the Software or games. In the event that B&M SA reasonably deem that you have changed or tried to change features of the games offered, used or tried to use ‘Martingale theory’ or a product equipped with artificial intelligence with our Service or Software, B&M SA reserves the right to suspend or block your account immediately, not to reimburse the amount credited to your account and to block your access to all other Internet Sites, Services and Software that B&M SA offers, without recourse of any kind.

The Player is more generally required to: 

- refrain, by any means or instrument whatsoever, from any act of manipulation of the Site, Software or games likely to affect their chances of winning or that of another Player, or the loss of another Player.

- not to use robots, research programmes or other automatic or manual processes in order to retrieve, index, store, store or reproduce the structure or the presentation of the Site, software or games. 

- not to restrict, usurp or prohibit access to the Site, Software and Games for other Players, by any means or device whatsoever, including by the use of any software or any act of piracy, hijacking or modification of all or part of the Site. 

- not to use the Site, Software or games, or all or part of their content for any illegal purpose or to the detriment of the interests of B&M SA, other players or third parties. 

f. The Player represents and warrants that they have read, understood, accept the rules specific to gambling available on the Site. 

In particular, the player claims to be aware and accepts that by playing the gambling games available on the Site, they may not win, and they may also lose money. The player agrees to a waiver of recourse and to assume the consequences of any financial losses, towards B&M SA. This is especially so when the Player manages to, either on their own or due to a site malfunction, suffer a loss greater than the hourly loss regulated by the Gambling Commission. 

The Player represents and guarantees B&M SA that the funds they use to play on the Site are not of illegal origin, and agrees not to use the Service in order to transfer funds or to exercise illegal or fraudulent activity, or any prohibited transaction (including money laundering) under the laws of any jurisdiction on which it depends. 

The Player also grants to B&M SA the right to request at any time proof of deposit from a customer for all alternative payments (e.g. Click2Pay, MoneyBookers, Neteller and other payment systems). B&M SA reserves the right to request the bank account number of its customers without any justification.

g. You certify that you will not violate or you will not attempt to violate or circumvent any manner whatsoever the security measures put in place by B&M SA, this rule also applies to the registration process. 

The user agrees to using the Site, and any other attached and/or embedded elements, such as: hyperlinks, software, database, editorial content, and graphics... in accordance with the provisions of this Contract and only for non-commercial purposes provided by B&M SA. If B&M SA has any doubt with regards to this clause, B&M SA reserves the right to suspend or block your account immediately, not to reimburse the amount credited to your account and to block your access to all other Internet Sites, Services and Software that B&M SA offers, without recourse of any kind.

h. The player claims to be aware that any money related to the user account can in no way be subject to interest; they are prohibited from making any complaint surrounding this topic, irrespective of the length of time the money has been linked to their User Account. 

i. The Player agrees not to participate in games with another player’s user account or by using the same computer and/or the same Internet connection as that of another Player. 

The Player also agrees not to abuse their ability to open multiple accounts. Each Player is authorised to open a single player account. 

If B&M SA discovers that a client has more than one player account, B&M SA reserves the right to block all user accounts, including but not limited to all types of transactions related to the user’s account, until this problem is resolved.

j. The Player is obliged to comply with any tax obligations that they have. They are solely and fully liable and in light of this declaration, to register, pay, carry out accounting of taxes or any other tax or exceptional tax of which they are legally liable to pay to any tax authority in respect of their potential winnings.

k. Without consent from B&M SA, the Player is banned from referencing the Site, Software, or games in any way. In particular Players should refrain from any advertising i.e. inserting hyperlinks or sending spam mail to Players or third party users.

l. The Player is forbidden from collecting information about Players or more generally all third parties who use the www.betfirstcasino.be Site.

m. The Player claims to be aware that B&M SA is likely to change content on the website, software and games without prior notice. They are obliged therefore to take note of the said changes from the moment that they are brought to their attention by B&M SA.

n. The Player is free to access and participate in chat forums available to them on the Site (real-time chat, forums) subject to compliance with the law in force and the present Agreement.

The User agrees to abide the basic rules of good practice, politeness, and courtesy, including:

- To remain polite and courteous with interlocutors;

- To avoid personal attacks;

Regarding the forum in particular: 

- Not posting the same message several times in different subjects/forums (spamming);

- To try to use the “Search” function before creating a new subject which is likely to have already been answered in the forum.

In chat rooms it is strictly forbidden for Players to distribute/spread, or contribute to the dissemination of hateful, racist, anti-Semitic, xenophobic, homophobic or defamatory comments about other players, the site, games or the Company, which are detrimental to public order and morals and which are generally derogatory or unpleasant, on any medium whatsoever.

Messages contrary to the spirit of the site are also prohibited in chat rooms, such as but not limited to, messages stating positions or opinions of a political or religious nature and abusive, excessive and displaced messages, which try to mislead other Players about gaming rules. Stealing the name of another person, in particular posing as an employee, partner, affiliate, moderator, or a host of B&M SA, or any other company from the Sagevas Group is also prohibited.

Similarly, users will refrain from impersonating another user, a celebrity, or communicating under a false name, a false occupation or fake pseudonym. Users will not lie about their age (i.e. if they are an adult or a minor), they will also not upload, post or transmit any content that has been affected by a computer virus or any other computer code. Users will not use any software designed to interfere with, distort, interrupt, destroy or limit the normal operation or functionality of the Site, Software or Games.

B&M SA reserves the right to delete forums and discussion spaces or any messages that go against these provisions. 

It is expressly agreed that each Player remains nevertheless solely responsible for the content and messages they post on discussion forums. B&M SA may not in any circumstances be held liable for the content, (especially the illicit character of the content regarding the rules in place) or for any loss or damage consequent to the use of any content published, transmitted by instant messages or in any other way via the discussion spaces or forums. In the cases where responsibility of B&M SA is sought due to a breach by the user to fulfil their obligations under this provision or the statutory and regulatory provisions in force, B&M SA reserves the right to call upon the guarantor.

6.2 WITHDRAWAL REQUESTS  

By way of the respect for all of the provisions set out in the current Contract, B&M SA commits to carrying out at first request for Players the withdrawal of winnings, provided that the balance of the user account it positive.

All requests for refunds will be carried out within 48 hours after they have been confirmed by the gaming site. However, please take into account that it will take a few extra days (bank processing times) before your winnings are made available to you. Please ensure that you have provided us with all the necessary information regarding the validation of your payment.

Players have a variety of online methods to withdraw winnings. Players may choose from the following methods to make a withdrawal: HiPay, Skrill (formally Moneybookers), and Bank Transfer.

In order to receive your winnings via your Skrill account, you must first make at least one deposit using that particular e-wallet.

B&M SA will only instruct withdrawals to be made to the player account to which you have made your deposits. All withdrawal requests to another account will be approved at the complete discretion of B&M SA, who reserves the right to reject such a request without explaining the reason behind it. 

B&M SA will only confirm a withdrawal request from a player after the user’s identity and the player account have been verified, and after having checked that the player does not hold any outstanding debts with B&M SA. Any withdrawal request must be supported by the authentication of the user. We will carry out additional verification checks for any payout exceeding or equivalent to €1,000 or cumulative withdrawals exceeding €2,330, and the right is further reserved to carry out such verification checks in the case of lower payouts. Such verifications may for example include a request for copies of a member’s passport and/or copies of a member’s utility bills.

No withdrawal processing fees will be levied by B&M SA for regular withdrawal requests. Fees charges for non standard withdrawals such as for Click2Pay or Skrill will be debited directly from the user’s account. These fees may be dependent on factors such as the currency used in the account or the user's place of residence. Notwithstanding the aforementioned, it is possible that your bank or the payment solution that you use charges your account for transaction fees. Such fees are not dependent on us and we do not assume any responsibility for them. Should you require additional information, please contact customer service.

In the event where the player’s account information and the payment information does not coincide, betFIRST reserves the right to ask for proof or refuse a withdrawal request.

Withdrawals available from our website will be carried out from your account without any charges from B&M SA. However please note that your bank may debit fees for your withdrawals from your account. Should you require additional information, please contact customer services

Please note that you are only permitted one account per person.

Any player found to be not respecting our general terms and conditions risks losing their winnings and may even face exclusion from B&M SA.

B&M SA reserves the right to pay all withdrawals by using the same payment method used by the player to make deposits. Independent from the aforementioned, B&M SA will have the exclusive right to pay all winnings to all players, at their sole discretion, using the payment method of their choice.

Due to possible money laundering implications, Users depositing on betFIRST must bet at least 20% of their deposits, from the previous 12 months, before requesting a withdrawal.

6.3. RULES REGARDING RESULTS RECORDED BY B&M SA

In the event of discrepancies between results displayed on the Site and the results directly or indirectly recorded by B&M SA, particularly those on their computer server via the Software, the latter shall take precedence.

The Player acknowledges and agrees that only B&M SA’s computer files shall prevail.

Consequently, only the data and records obtained and/or maintained directly or indirectly by B&M SA will be considered as evidence and as contents of the rights and obligations of B&M SA and the Player, whatever the medium.

6.4 TRANSACTIONS

A. Management of the user account by the Player 

The use of the user account by the Player is strictly limited to the participation of online games available on the Site. The supply of the user account to the Player can only be used for that purpose, and excludes all other forms of use. In particular it may not be used as a bank account.

B&M SA commits to processing payments of all winnings won by the Player in compliance with the current Agreement.

The withdrawal of available assets in the Players user account is subject to the existence and maintenance of a valid user account. B&M SA also reserves the right to ask the player for any information or documents it deems necessary to validate any deposits or any withdrawals.

The payment of any sum of money will be carried out by B&M SA only if the Player is not liable to pay B&M SA any money, and after inspection of good game play i.e. no cheating, fraud or any Software error or human error leading to a wrongful gain or loss for the Player. 

B&M SA takes no commission or charges of any nature whatsoever on deposits or withdrawals, regardless of the method of payment. On the other hand, B&M SA reserves the right to apply administration fees of 15% on transactions (withdrawals and deposits) which are not for the purpose of participating in games (especially where consecutive deposits and withdrawals are made by the player and a stake is not placed, or for any excessive use of the user account, for example).

The Player states that they are aware that, according to the payment method used, the fees may potentially be taken from their bank or payment provider. B&M SA will in no case be held responsible. The Player is required to make themselves aware of any transaction costs that they are likely to be charged by their bank or payment provider in advance. 

Player states that they are aware that any financial transaction is subject to standard bank delays. It is also the responsibility of the Player to make sure that the all necessary information to validate the transaction has been relayed to B&M SA.

B&M SA may in no circumstances be held liable for any payments made to a Player’s bank account that has been hacked.

B. Player Responsibility  

B&M SA uses private/public encryption methods to the best of their ability to ensure the confidentiality of Player passwords and secure access to software and games. The Player is, however, entirely responsible for the proper use of their user account and the confidentiality of their password.

The Player is forbidden from using payment methods or the user account of a third party or another Player, even with the consent of the latter.

He/she expressly agrees not to object or cancel the payment with their bank of any amounts owed to B&M SA, for any reason whatsoever. This applies for any amount that may have been credited to their account using their debit card. In other words, the Player definitively and irrevocably agrees not to oppose or refuse payment of amounts owed to B&M SA.

Moreover, the Player agrees that B&M SA are entitled to withdraw from the user account any sums of money that they have received unduly as a result of fraud or malfunction of the Website or games.

The Player agrees to indemnify B&M SA for any loss it may suffer in connection with payments or Player payment errors or the incorrect/improper use of their account.

If B&M SA suspect that a player is not of the minimum age required to play, they will refund any money wagered to the player as soon as possible. In addition, any winnings that the user may have received will be confiscated until the user has provided irrefutable proof that they are above the minimum age required to play.

C. Verification 

The Player consents to:

- B&M SA checking the creditworthiness of a Player, with the support of financial institutions and third-party payment providers, according to the information provided by the said user at the time of registration.

- B&M SA using third-party and/or financial institution electronic payment processors which manage the payments which are made by the user in connection with their use of the Site, Software and games.

- B&M SA blocking those Players user accounts who are suspected of fraud, cheating or any use of the Site which is in breach of this Agreement;

- B&M SA precluding the use of certain debit cards that are linked to illegal activity, fraud, cheating or non-compliance with this Agreement.

- The fact that it may be necessary for B&M SA to request bank account details from Player for as well as details about financial transactions carried out in connection with the use of the Site by the Player.

Under no circumstances shall B&M SA be held responsible for the misuse or abuse of a user account or debit card or stolen credit, even if the abuse or fraudulent use of user account or theft of these cards was reported to B&M SA.

6.5 B&M SA’s RESPONSIBILITIES

B&M SA will make every effort to ensure access to the Site, the Software and games is diligent and professional.

B&M SA is committed to making sure that the use of the games of chance software on the internet gives the Player a fair chance of winning thanks to a (RNG: Random Number Generator).

B&M SA shall endeavour to ensure the availability of the Site, the Software and games 24 hours a day 7 days a week.

To log into the Site, the Player acknowledges and agrees that they must have the hardware and software, as well as an Internet connection which is compatible with the supply conditions of the games offered on the Site. To do this, B&M SA recommends that players have Acrobat Flash Player, as well as the following:

Hardware and operating system:

PC: Windows XP or later

MacIntosh: Mac OS X or later

Browser software:

Any Google Chrome version which has JavaScript activated

MS Internet Explorer 8 or later with JavaScript activated

Mozilla Firefox 5.0 or later with JavaScript activated

Type of connection: ADSL 512k minimum.

If the User does not have the minimum configuration settings, they run the risk of not benefitting from the Services offered online by the Company.

The Player is aware that access to the Site, Software and games may be blocked or temporarily interrupted, due to maintenance, upgrades and/or Site, software or game updates, or repairs to the latter following on from acts of piracy or other circumstances beyond B&M SA’s control, such as:

- internet network malfunction preventing smooth running/functioning of one or more games offered on the Site or more generally access to the Site, the Software and games;

- a breakdown in receiving equipment or communication lines;

- a routing problem;

- a computer virus or bug, abnormality or hardware or software technical failure, of any kind.

B&M SA endeavours to take all the necessary measures to limit these disruptions, insofar as they are accountable. The Player acknowledges and agrees that therefore B&M SA assumes no responsibility for any unavailability, suspension or discontinuance of the Site or the Services.

B&M SA cannot, however, under any circumstances, be held liable for any damage or inconvenience of any sort whatsoever, direct or indirect, foreseeable or unforeseeable, concerning the use of the Site, Software or Games, including but not limited to: 

- any missing winnings, missed chances, cost of services or substitute technology;

- any consequences derived from the abovementioned circumstances;

- any consequences of a fortunate case or similar.

B&M SA will not be held liable if for any reason beyond its control, one or more games or services were to be modified, postponed or cancelled. Any development or change to the content of the Site may result in an update and/or temporary unavailability of the Site, which does not in any way render B&M SA liable.

Similarly, B&M SA reserves the right to interrupt or suspend one or several games or services offered on the Site at any time and without notice, without having to justify the reason or motive. In this case, B&M SA cannot be held liable in any way and users cannot claim any compensation of any kind.

In the event that a complaint is made by a Player because the Site, Software or a game is not available, B&M SA reserves the absolute right to request a screenshot, without such a request holding B&M SA responsible.

On the Site B&M SA may offer single links to other third party websites. In such a case, the links are provided for information purposes only. B&M SA does not undertake any control of the content, present or future, of those third party websites. Any access to these websites is carried out under the sole responsibility of the user and at their own risk. B&M SA is not responsible for the content, legality or availability of third party sites. The Player acknowledges that B&M SA assumes no liability of any nature whatsoever for any loss or damage that access or browsing these sites may cause. B&M SA agrees to delist references to third party sites whose illegality has been brought to its attention by any means, including upon complaint made by email.

Finally, the Player holds B&M SA free of any damage or inconvenience of any nature whatsoever, direct or indirect, foreseeable or unforeseeable, the Player or a third party suffers due to abuse or misuse of the Site, the software or games, including but not limited to damages for a pecuniary loss, lack of winnings, loss of data, damage to property or persons.

In any event, if B&M SA must be held accountable, regardless of the reason or basis, including negligence, any direct or indirect, foreseeable or unforeseeable damage or inconvenience, in particular damage resulting from a gaming addiction (medical care, job loss, hospitalisation etc.), the maximum amount of compensation to which B&M SA may be held accountable for will be limited to the lower of the following amounts, inclusive of all causes and all damages:

1) the amount of fees received by B&M SA in relation to the Player account in question in the last three months preceding the complaint; 

2) or the sum of €500 (five hundred Euros).

6.6 WARRANTIES

In the event of any system or communication error due to viruses or bugs relating to the settling of accounts or any other parameters or software components, we shall not be held responsible to you or a third party for any damage, costs, expenses, losses, or claims brought by said errors, and we reserve the right, in the event of such type of errors, to cease all games from the application and website in question and to take all other measures necessary to correct such errors, provided that we are not required to provide an emergency network, system, or similar emergency services. We will not be held responsible for paying potential winnings that may have been won outside of the normal course of play, that is to say, in particular following a gaming software bug, a bug coming from the platform, embezzlement by an employee, use of a pirate or other software. In any of these instances winnings will be automatically cancelled.

B&M SA cannot be held responsible for any act of omission by an Internet service provider or of any other third party with whom you may have contracted in order to have access to B&M SA's Service and/or Application. In case of litigation between the Internet service provider and yourself, B&M SA cannot be a party to the suit, and such suit shall in no way affect the user's obligations under this agreement.

7.1 All rights, trademarks, patents and other intellectual property rights on any material or content (including but not limited to, software, data, applications, information, text, photographs, music, sounds, videos, graphics, logos, symbols, artwork and other material or moving images) contained on the Site ("Content") belong to us or have been granted for our benefit by the owners of the use rights as part of the Service. No use of such Content and intellectual property rights relating thereto without the prior written consent and express consent of the owner is permitted. All rights are reserved.

7.2 In particular, with regards to Content the Player is forbidden, to engage in the following prohibited activities: the sale, transfer, lease, subcontract or execution of any act allowing third parties to gain access, except for what has already been agreed upon; to change, edit, modify, adapt or restructure in any way; to copy, distribute, perform or attempt to access the source code for any purpose, to use the Site for any unlawful or illegal purposes or in any way in breach of these Terms and Conditions.

7.3 If the Player commits a prohibited act, the Player will be entirely responsible for all damages, costs and expenses arising there from.

7.4 We give the Player a non-exclusive, non-transferable, non-negotiable and personal right to look at and use the Content via PC, mobile phone, or other access device, only for personal and non-commercial reasons, and subject to strict compliance by the Player of these Terms and Conditions.

7.5 You may copy the Content in an unaltered form for private use on your own personal computer, mobile phone or other access device, if and to the extent that such a copy is required for appropriate use of our Services or of the Content and whether the copy is authorised by the person who possesses the intellectual property rights.

7.6 You should inform B&M SA immediately if you are aware of any unauthorised use or copying of any Content or any part of the Site or any unauthorised access to any site or other unauthorised activities, including but not limited to, any prohibited activity related to the Services by any person or entity. You agree to provide all reasonable assistance for any research that we will perform according to the information you provide us. The Player grants us perpetual, irrevocable, free, worldwide permission, to reproduce, transfer, modify, adapt and/or edit any Content provided by you to us, by email or otherwise, on the Site, according to what we believe appropriate, without notice to you, unless otherwise specified by you in such communication.

If the Player fails to adhere to any of the conditions of this Agreement or the law in force, B&A SA reserves the right to suspend or close the user account without prior notice or compensation.

In particular, the following are considered to be justifiable reasons for suspension or closure of the user account:

- Non-compliance with registration conditions; in particular, in the event that the registration requirements are not/no longer fulfilled, or that the information provided by the player are not/no longer accurate/honest/complete/current.

If this were to occur the Player would be subject to a gaming ban.

- The misuse of the account opening process;

- Unauthorised use of the Player account, for example the Player using the user account as a bank account;

- All fraudulent or illegal activity carried out by the Player, illegal or non-authorised attempts at using the B&M SA Site, Software or Games, including the use of another player’s user account (even with their consent), or the use of stolen credit or debit cards , or money laundering activities;

 - All acts of piracy on the Site, Software or Games, including the breach of B&M SA’s intellectual property rights;

- Any violation of gaming rules available on the Site, including cases of cheating (such as, for example, chip dumping or the use of automated software ...);

- All acts or attempts at collusion between players.

In the event of suspension or termination of a Players user account, B&M SA reserves the right:

- to bring any suspected illegal activity on the part of the player to the attention of all relevant authorities, including the judicial authorities, electronic payment providers and other financial institutions. 

- suspend or cancel any transactions, bets, or stakes or payments made by a Player.

- to block the Player’s assets in order to prevent the consequences of any misuse or illegal use, known or suspected, to the Site or games;

- to initiate any necessary or advised legal action in order to put an end to the alleged breach by the Player, and to obtain compensation for damages suffered by B&M SA or recover any winnings that would have been paid to the Player after or because of the breach of which he/she is accused.

In the event that a Player's account is closed by B&M SA because of non-compliance with the Contract, the Player will be notified of the termination of their account by email, which will be sent to the address given at the time of registration. The closure of a user account may result in the loss of potential winnings accumulated as result of the non-fulfilment of the Agreement by the Player, without prejudice to the rights of B&M SA to recover the compensation that may be owed to him.

9.1 This Agreement becomes effective immediately after clicking on "I agree”. It remains valid until the user account is closed. 

9.2 Players may end this Agreement at any time by writing to B&M SA, à 9950 Waarschoot (Belgique), Leeuw Van Vlaanderenlaan, 15. Termination of the Agreement will take effect when the Player has received written notification from B&M SA confirming that the contract has ended.

9.3 Without prejudice to the rights of B&M SA to terminate the user account in accordance with Article 8 of the Agreement, B&M SA is also authorised to terminate the player’s user account in the event that it remains inactive for a period of 12 months or more. Any positive balance in favour of the Player will be paid simultaneously with the closing of user account, without prejudice to their rights to register again.

9.4 Without prejudice to the consequences of the closure of the account, as described in Article 8, the termination of the Contract requires that the Player stops all uses of the Site, Software and games and removes all copies thereof from their computer or other media.

10.1 RESPONSIBLE AND ETHICAL GAMING

B&M SA would like you to play in moderation.

The user is informed that an increase in the duration or frequency of play can bring in some people a state of dependency or cause some psychological fragility.

Users should be aware that an addiction is the bad practice, constant and repeated use of games. The fun of playing turns into a compelling need to play to the detriment of serious consequences for the player and those close to them.

The Player can consult the “RESPONSIBLE GAMING” tab at any moment which can be found on every page of the B&M SA site. Within this section, the Player will have access to all mechanisms set up on the site, and advice from the “player protection service for the fight against pathological and excessive gambling”, to prevent any risk of addiction. They will also have the opportunity to register on prohibited gaming records, be advised of the procedure to follow, and be given a list of organisations specialised in the fight against addiction.

10.2 CUSTOMER SERVICE AND COMPLAINTS

Unless otherwise provided in this Contract, the Player agrees to send all requests for changes to their personal data, complaints or disputes to the following address: [email protected]. Complaints must be made 14 days at the latest after the original transaction was made. Otherwise, the complaint shall be considered ineligible.

In order to optimise the quality of the Site, Software and games, all requests from Players will be treated with all due diligence. The Player however declares that B&M SA is in no way expected to investigate or follow up a complaint made by one user against another.

B&M SA, at its sole discretion can decide to act against any person suspected of illicit actions or of wanting to violate the conditions of this Agreement.

However, B&M SA has no obligation, towards Players, to check whether they use the Software, the Site or the Games in accordance with the rules contained in this Agreement. In any case, no response from B&M SA regarding the breach of a provision of this agreement by a player does not constitute as an abandonment of law.

10.3 CHANGES

B&M SA reserves the right to amend, modify, update the present Agreement, including gaming rules. 

The version of the Agreement posted on the website(s) of B&M SA is the version in force and binding on all players with immediate effect for the future.

Notice of modification with the date it becomes effective will be posted on the Internet Site. B&M SA therefore recommends that players consult the text of the Agreement regularly, or at least as soon as they have been notified that a change has been published by B&M SA.

If the player refuses to be bound by any changes in the Agreement, they will be obliged to request the immediate closure of their account and stop use of the Site, the Software and games.

10.4 PRESERVATION OF A PRINTED VERSION OF THE TERMS

The player is free to save or print this Agreement, provided, however, that they do not change it.

In all cases, files, data and documents preserved by B&M SA or by any potential partners on computer software, in conditions of reasonable safety, will be considered as proof of communications of the contract and all financial transactions occurring in execution thereof. The Parties recognise this evidence as having the same evidentiary value as a paper document format. Emails kept electronically by the Organiser B&M SA will prevail, even if the sender is not provided with an electronic signature.

10.5 SEVERABILITY  

If any provision of this Agreement is declared invalid under any law, regulation or following a final decision of a court, the Parties agree to replace it by a clause, valid for equivalent effect. 

Furthermore, they agree that the invalidity of any provision of this Agreement shall not affect the validity of the remaining provisions which retain their full effect.

10.6 SALEABILITY

The rights and obligations of the Player cannot be transferred to a third party player or not, without the prior consent of B&M SA.

The player claims to be informed by B&M SA and authorises the latter, to sell the Software, the Site or all or part of the games without prior approval. In this case, B&M SA will inform the players beforehand and ensure that the guarantees offered by the third-party buyer are not less than those offered to them by B&M SA.

10.7 PRECEDENCE OF FRENCH VERSION  

In the event of discrepancies between the French, Dutch and English version of this Agreement the French shall take precedence.

THIS AGREEMENT IS CONSIDERED VALID SIGNED, SIGNED AND APPROVED BY B&M SA AND THE PLAYER FROM THE MOMENT THE PLAYER HAS, AS INDICATED IN ARTICLES 4 AND 5 OF THE CONTRACT, CLICKED ON "I HAVE READ AND ACCEPT THE PRESENT AGREEMENT".

10.8 APPLICABLE LAW AND JURISDICTION

This Agreement is governed by Belgian law, without prejudice to mandatory provisions that the Player is entitled to exercise pursuant to Article 6 of the EC No 593/2008 of the European Parliament and Council Regulation on the law applicable to contractual obligations.

The Parties undertake, in the event of a dispute, to try to resolve it amicably within a period of 14 days taking effect from the date on which it was denounced by the Parties. Failing amicable settlement within the said period, the Belgian courts of the judicial district of Liège will have exclusive jurisdiction to settle any dispute relating to its formation, performance or interpretation.