Terms and Conditions

The following terms and conditions comprise the Agreement between the Player and Euro Gaming N.V. (also trading under the name Clubmeter) with respect to the Player's wish to make use of the Services offered on the clubmeter.com website (the "Site"). By opening an Account or using any of the Services, including playing any of the games of chance, you (the Player) confirm that you fully understand and accept these terms and conditions and the Agreement between you (the Player) and Clubmeter comes into effect.

Article 1. Definitions

The following terms shall have the meanings defined below, both in the singular and the plural, when written with a capital letter.
Clubmeter: the enterprise operating the clubmeter.com website;
Player: the actual person with whom an agreement is entered into and who wishes to make use of Clubmeter's services as provided on the Site;
Services: the services operated by Clubmeter, such as inter alia the online provision of games of chance on the Site;
Agreement: this agreement;
Account: an account with Clubmeter that the Player can open into which money can be transferred that he/she can use as the stakes when making use of the Services.

Article 2. Player's declaration and obligations

2.1 The Player declares that he/she is not a minor.
2.2 The Player affirms that he/she is not infringing any laws of the country in which he/she is resident by making use of the Services.
2.3 The Player guarantees that he/she is legally permitted to make any such use of the Services.
2.4 The Player does not regard the Services as offensive, objectionable, dishonest or immoral.
2.5 The Player declares and guarantees that he/she shall follow all instructions given concerning the use of the Services and also that all information supplied by him/her during the registration procedure and relating to the Account is correct, up to date and complete. If there are any changes in these details, the Player shall inform Clubmeter of them within ten days.
2.6 The Player shall not make use of the Services for improper purposes or in any way that is contrary to this Agreement.
2.7 The Player shall employ the Services exclusively for personal use. The Player shall not use the Services for business and/or commercial purposes or as part of any professional or otherwise coordinated syndicate.

Article 3. Stakes and taxation

3.1 The Player is aware of the fact that playing for money at Clubmeter carries the risk of losing such sums of money.
3.2 The Player is not permitted to open multiple Accounts or to sue the Accounts of other Players.
3.3 When upgrading the Account, Player is at all times obliged to have the telephone number recognition of the telephone used for upgrading, switched on.
3.4 The Player guarantees that the money used by him/her in relation to the Services has been acquired legally, is completely at his disposal and is not subject to any limitations and obligations.
3.5 In the event of a payment authorized by the Player subsequently not being honoured, any gaming transactions for this Player shall be cancelled and any outstanding winnings and account balances shall be forfeited.
3.6 Clubmeter records every transaction and stake taking place on the Site. In the event of a discrepancy between data the Player claims to have provided to Clubmeter and the information as recorded in the database, then the information from the database shall take precedence.
3.7 The Player accepts that it is his/her responsibility to declare any income derived from games of chance to the local authorities. Clubmeter does not submit any declarations and does not retain any proportion of this income in taxes.
3.8 The Player himself/herself is responsible for his/her Account and shall treat all details concerning the Account as confidential.
3.9 In the event of any dispute concerning the payout of any winnings to which the Player believes he/she is entitled, then Clubmeter's decision shall be definitive and binding for all the parties.

Article 4. Username and password

4.1 The Player must have a username and a password to be able to use the Services.
4.2 The username and the password should always be kept secret and therefore should not be made available to any third party in any way whatsoever.
4.3 Using another Player's username and/or password is forbidden.

Article 5. Privacy

5.1 Clubmeter respects and protect the privacy of all the Players.
5.2 Clubmeter shall make every reasonable effort to ensure that all personal information provided to it shall always be treated as confidential and shall only be used for the purposes described in this article.
5.3 Among other things, Clubmeter shall use the Player's details for administration of the Account and/or solving technical problems.
5.4 Additionally, Clubmeter may use the Player's email address to keep him/her informed about promotions and other activities or for market research purposes. If the Player has no interest in such emails, then this can be indicated on the Site.
5.5 Clubmeter shall not make the Players' details available to third parties without prior permission, unless required to do so on legal grounds.
5.6 Given that it is interesting for Clubmeter to know which sites are often visited and which Services are most often required, it may gather information through (among other things) IP data and cookies. To protect the Players' rights to privacy, all information collected by these means shall be non-specific and anonymous. It is not possible to identify a Player using this information. Cookies shall be used to remember usernames and preferences.
5.7 The Site contains links to third party websites. Clubmeter is not responsible for the observance of privacy regulations by these third parties.

Article 6. Intellectual property rights

6.1 The (intellectual property) rights relating to the Site and/or the Services - including the rights to texts, picture, layout, data files, photographs and other (moving or stationary) imagery, sounds, formats, software, trade makers (including domain names), data files and other material ("Information") - reside with Clubmeter and/or its suppliers and licence providers.
6.2 The Player is not permitted to reproduce, distribute, transmit or make the Information available to third parties in any form without prior written permission from Clubmeter.

Article 7. Internet Service Provider

Clubmeter shall not be held in any way liable for activities or shortcomings of the Internet Service Provider used by the Player to gain access to the Services. Clubmeter shall not be involved in any dispute between the Player and an Internet Service Provider, nor shall any such dispute have any effect on the obligations of the Player as described in this Agreement.

Article 8. Rights reserved by Clubmeter

8.1 Clubmeter reserves the right to exclude the Player as it sees fit, with immediate effect and without having to state its reasons, from using the Services and/or cancelling the Agreement with the Player without being held liable in any way by the Player concerned, without affecting Clubmeter's rights to take further legal steps and to claim compensation for damages. Clubmeter shall be able to make such a decision inter alia if Clubmeter has reasonable grounds for believing that the Player is acting in any way contrary to this Agreement or is acting in any other way unlawfully, including - but not restricted to - fraud, misuse of promotional material or privileges, misuse of the Services, unfounded claims, or the provision of information that is incomplete, out of date or incorrect.
8.2 In order to establish whether or not a Player is in conflict with this Agreement in any way, or acts unlawfully in any other way, Clubmeter reserves the right to request Player to submit a copy of his telephone bill(s) and a copy of the Player's legal identity card, before Clubmeter pays out the account credits and/or outstanding profits.
If the player does not comply with this request within 14 days, Clubmeter may cancel possible Game Transactions of this Player and forfeit any outstanding profits by operation of law.
8.3 Subject to the provision in article 8.2. of the Agreement, Clubmeter reserves the right to declare incomplete and/or incorrect details of Player invalid. If this information is related to the use of the Services by the Player, then such usage shall be halted and any stakes already placed shall be repaid.
8.4 Clubmeter retains the right to modify, cancel or suspend its Services at any time, without providing reasons or prior announcement.

Article 9. Force Majeure

Neither of the Parties is obliged to fulfil any of its obligations in cases where this is prevented by force majeure. Included under 'force majeure' are shortcomings of suppliers and/or third parties used by Clubmeter for which Clubmeter cannot be held accountable.

Article 10. Maintenance

Clubmeter has the right to take its system (temporarily) out of service or to limit its use in cases where this is necessary for maintenance or modification of the Site, without this giving the Player any right to compensation or damages from Clubmeter.

Article 11. Guarantee

Clubmeter has put the content of the Site together with the utmost care. Clubmeter provides its site and the information placed in it (insofar as the applicable legislation permits) on an as-is basis, to the exclusion of any explicit or implicit guarantees, promises or indemnifications of any sort whatsoever, including (but not restricted to) the exclusion of guarantees concerning legitimate use of (property) rights, transferability, acceptable quality, suitability for an particular purpose and non-infringement of property rights or other rights of third parties. In particular, Clubmeter does not guarantee:
- that the Site shall run uninterrupted, shall be free of errors and that any such shortcomings can be resolved; and
- that third parties shall not make unlawful use of its systems.

Article 12. Liability

12.1 The Player acknowledges that use of the Services is entirely at his/her own risk and cost.
12.2 Clubmeter hereby excludes any liability for any damage whatsoever, direct and/or indirect, that occurs and/or arises from the use of the Site and/or the Service by the Player in any way whatsoever. More specifically, Clubmeter shall under no circumstances be liable for any damages whatsoever in nay way arising from or subsequent to:
- the use of the Services by the Player, including (but not restricted to) participation in one of the games on the Site in which sums of money are staked by the Player;
- the Site and/or the Services being unusable;
- the fact that particular information on the Site is incorrect, incomplete or not up to date;
- the unlawful use of Clubmeter's systems, including the Site, by a third party;
- the accepting of a prize, a payout or winnings;
- the unauthorized use of the Player's Account and/or username and password by a third party.
12.3 The limitations to liability for direct and/or indirect damages included in these terms and conditions do not apply if the damages can be shown to be due to deliberate actions or gross negligence on the part of Clubmeter or its subordinates.

Article 13. Indemnification

The Player indemnifies Clubmeter and its employees, directors, licence holders, licence suppliers, service providers, distributors, subsidiaries and partners (including affiliates) entirely from all potential claims by third parties in any way arising from and/or related to his/her use of the Services.

Article 14. Duration and (early) termination

14.1 The Agreement comes into effect from the moment that it has been signed by both Parties and is entered into for a period of one year. Cancellation at intermediate points is not possible. After this period, the Agreement shall be automatically extended for one year unless one of the Parties terminates the Agreement by registered letter, allowing for a notice period of three months.
14.2 Clubmeter also has the right to cancel the Agreement under the terms of article 8.1.
14.3 The Player may terminate this Agreement at any time by informing Clubmeter of this in writing. Termination of the Agreement may occur, on the condition that the Player does not owe Clubmeter any more money. After receiving the letter of information, the Player's Account shall be closed; the conditions of this Agreement shall remain in effect for an additional 180 days.

Article 15. Company changeover

The rights and obligations pursuant to this Agreement are transferable in the event of Clubmeter (the company) being taken over or being involved in a merger in any way.

Article 16. Applicability in law and jurisdiction

16.1 The Agreement and any disputes arising from it shall be handled under Curaçao law.
16.2 All conflicts arising from the Agreement or related to it shall be dealt with exclusively by the competent legal authorities in Curaçao. Notwithstanding, Euro Gaming N.V. has the right to take legal steps on behalf of Clubmeter in the jurisdiction in which the Player is resident.