WHALE.IO

Last updated: 25.04.2023

In order to place bets with real money, which includes Cryptocurrencies, you are deemed to have understood, accepted, and agreed to be bound by these Terms and Conditions.

Definitions

Whale.io – is referred to as 'we' or 'us' or ‘Company’.

Player – is referred to as ‘you’ or 'Player' or ‘Member’ or ‘Customer(s)’ or ‘Account Holder’.

Game(s) – means Casino and other RNG (Random Number Generator) games, which may become available from time to time on the Telegram Bot.

Telegram Bot – means whale.io through Telegram utilised by the Player.

Customer Support - Assistance and support services provided by the Company to its Customers.

'Cryptocurrency', ‘Cryptocurrencies’ and 'Crypto' should further be read as 'TON and/or (where applicable) other supported Cryptocurrencies'.

Restricted Jurisdiction(s) -specific countries or territories that are restricted by our gaming license, and as a result, users located in or from these regions are prohibited from registering and playing on the Telegram Bot. The list of Restricted Jurisdictions may be updated from time to time and can be accessed through the following

1. General

1.1 These terms and conditions (“Terms and Conditions”) apply to the usage of Games accessible through Telegram Bot.

1.2 Whale.io is owned and operated byIt is licensed and regulated by the Government of Curaçao under the gaming license

1.3 By using any part of the Telegram Bot, you agree to these Terms and Conditions applying to the use of the Telegram Bot.

1.4 You must read these Terms and Conditions carefully in their entirety before start using the Telegram Bot. If you do not agree with any provision of these Terms and Conditions, you must not continue to use the Telegram Bot.

1.5 We are entitled to make amendments to these Terms and Conditions at any time and without advanced notice. If we make such amendments, we may take appropriate steps to bring such changes to your attention (such as by placing a notice on the Telegram Bot, together with the amended terms and conditions) but it shall be your sole responsibility to check for any amendments, updates and/or modifications.If we determine any changes made to these Terms and Conditions to be considered "material", meaning that they have a significant impact on your rights or obligations under these Terms and Conditions, we will make a reasonable effort to notify you by placing a notice on the Telegram Bot. Your continued use of Company’s services and Telegram Bot after any such amendment to the Terms and Conditions will be deemed as your acceptance and agreement to be bound by such amendments, updates and/or modifications.

1.6 These Terms and Conditions may be published in several languages for informational purposes and ease of access by players. The English version is the only legal basis of the relationship between you and us and in the case of any discrepancy with respect to a translation of any kind, the English version of these Terms and Conditions shall prevail.

2. Binding Declarations

2.1 By agreeing to be bound by these Terms and Conditions, you also agree to be bound by the Privacy Policy that is hereby incorporated by reference into these Terms and Conditions. In the event of any inconsistency, these Terms and Conditions will prevail. You hereby represent and warrant that:

2.1.1 You are over (a) 18 and (b) such other legal age or age of majority as determined by any laws which are applicable to you, whichever age is greater;

2.1.2 You have full capacity to enter into a legally binding agreement with us and you are not restricted by any form of limited legal capacity;

2.1.3 You participate in the Games strictly in your personal and non-professional capacity; and participate for recreational and entertainment purposes only;

2.1.4 You participate in the Games and make bets on your own behalf and not on the behalf of any other person;

2.1.5 You are solely responsible for reporting and accounting for any taxes, fees, charges or levies applicable to you under any local or relevant laws where you reside for any winnings that you receive from us;

2.1.7 You understand that by using our services you take the risk of losing money deposited into the Game and accept that you are fully and solely responsible for any such loss;

2.1.8 You will not use our services while located in any jurisdiction which is on our list of Restricted Jurisdictions.

2.1.9 You are permitted in the jurisdiction in which you are located to use online casino services;

2.1.10 In relation to deposits and withdrawals of funds into and from the Game, you shall only use Crypto currency that is valid and lawfully belongs to you;

2.1.11 You accept and acknowledge that the value of Cryptocurrency can change dramatically depending on the market value.

2.1.12 The computer software, the computer graphics, the Telegram Bot and the user interface that we make available to you is owned by the Company or its associates and is protected by copyright laws. You may only use the Telegram Bot or software for your own personal, recreational uses in accordance with all rules, terms and conditions we have established and in accordance with all applicable rules and regulations under the Curaçao gaming license;

2.1.13 You understand that Crypto is not considered a legal currency or tender and as such on the Telegram Bot they are treated as virtual funds with no intrinsic value.

2.1.14 You affirm that you are not an officer, director, employee, consultant, or agent of Company or working for any company related to Company, or a relative or spouse of any of the foregoing;

2.1.15 You are not diagnosed or classified as a compulsive or problem gambler. We are not accountable if such problem gambling arises whilst using our services but will endeavour to inform of relevant assistance available. We reserve the right to implement cool off periods if we believe such actions will be of benefit or upon your request.

2.1.16 If you are a politically exposed person or a family member of a politically exposed person, you accept and acknowledge that we may need to review or suspend your account without prior notice to you in order for us to fulfill any due diligence obligations we may have. You acknowledge that any decisions made regarding the status of your account are made solely at our own discretion, which may include permanent closure of your account;

2.1.18 You accept and acknowledge that we reserve the right to detect and prevent the use of prohibited techniques, including but not limited to fraudulent transaction detection, gameplay and screen capture techniques. These steps may include, but are not limited to, examination of Players device properties, detection of geo-location and IP masking, transactions and blockchain analysis;

2.1.19 You accept our right to terminate and/or change any Games or Events being offered on the Telegram Bot, and to refuse and/or limit bets.

3. Deposits

3.1 You may participate in any Game only if you have sufficient funds on your Telegram Bot for such participation.

3.2 You may make deposits in Cryptocurrencies. The minimum deposit amounts is 1 TON.

3.3 To deposit funds into the Game, you can transfer funds from your crypto wallets. Deposits can only be made with your own funds.

3.4 Some payment methods may include an additional fee. In this case, the fee will be clearly visible for you in the cashier.

4. Withdrawals

4.1 Crypto withdrawals will be made to your inputted Cryptocurrency wallet address automatically when your Game session is ended.

4.2 The minimum withdrawal amount is 1 TON. All amounts specified are per single transaction.

4.3 Any amounts which are mistakenly credited as winnings to your Wallet, whether due to a technical error in the pay-tables, or human error or otherwise, remain the property of the Telegram Bot. In the event of an incorrect crediting, you are obliged to notify us immediately.
Any winnings mistakenly credited to you and subsequently automatically withdrawn to your Wallet (without prejudice to other remedies and actions that may be available at law) constitute a valid legally enforceable debt owed by you to the Company in the amount of such wrongfully attributed winnings. We reserve the right to instigate debt recovery procedures in such circumstances if you fail to voluntarily satisfy the outstanding debt.

4.4 The Telegram Bot reserves the right to carry out additional KYC verification procedures for any withdrawals exceeding €2500 in equivalent amount in any cryptocurrency, as regulated by our gaming license, and further reserves the right to carry out such verification procedures in case of smaller withdrawals.

4.5 You acknowledge that your funds are consumed instantly when playing and we do not provide return of goods, refunds or retrospective cancellations.

4.6 We reserve the right to deduct any incurred transaction fees or other costs from any amount that you withdraw.

4.7 You accept that certain promotions may be subject to withdrawal restrictions and/or requirements which need to be met before funds credited under the promotion can be withdrawn. Such terms shall be duly published and made available as part of the promotion.If you opt to make a withdrawal before the applicable wagering requirements are fulfilled, we will deduct the whole reward amount as well as any winnings connected with the use of the reward amounts.The Telegram Bot reserves the right to impose, at our own discretion, geographical limitations to individual reward schemes.

5. Rewards and promotions

5.1 The Telegram Bot reserves the right to cancel any promotion, reward or reward program (including, but not limited to free money rewards, deposit rewards, reload rewards and loyalty program) with immediate effect if we believe the reward has been set up incorrectly or is being abused, and if said reward has been paid out then it constitutes a valid legally enforceable debt owed by you to the Company in the amount of such wrongfully attributed reward. Whether or not a reward is deemed to be set up incorrectly or abused shall be determined solely at the discretion of the Telegram Bot.

5.2 Where any term of the offer or promotion is breached or there is any evidence of a series of bets placed by a customer or group of customers, which due to a deposit reward, enhanced payments, free bets, risk free bets or any other promotional offer results in guaranteed customer profits irrespective of the outcome, whether individually or as part of a group, the Telegram Bot reserves the right to reclaim the reward element of such offers and in their absolute discretion either void the free bet reward and risk free bets or void any bet funded by the deposit reward. In addition, the Telegram Bot reserves the right to levy an administration charge on the customer up to the value of the deposit reward, free bet reward, risk free bet or additional payment to cover administrative costs.

5.3 All Telegram Bot offers are intended for recreational players and the Telegram Bot may in its sole discretion limit the eligibility of customers to participate in all or part of any promotion.

5.4 Telegram Bot reserves the right to amend, cancel, reclaim or refuse any promotion at its own discretion.

5.5 You acknowledge and understand that separate terms and conditions exist with respect to promotions, rewards and special offers, and are in addition to these terms and conditions. These terms and conditions are set forth in the respective content page on the Telegram Bot, or have been delivered to you personally, as the case may be. In the event of a conflict between the provisions of such promotions, rewards and special offers, and the provisions of these terms and conditions, the provisions of such promotions, rewards and special offers will prevail.

5.6 We reserve the right to insist that you bet a certain amount of your own deposit before you can bet with any reward funds we credit to your account. The specific amount is subject to the requirements specified in the promotion's terms and conditions.

5.7 Promotions may be published in several languages for informational purposes and ease of access by players. The English version is the only legal basis of the relationship between you and us and in the case of any discrepancy with respect to a translation of any kind, the English version of these Terms and Conditions shall prevail.

5.8 Some Games may have different maximum win amounts. If so, such limits will be displayed in the information page within the Game.

5.9 Certain promotions may be subject to withdrawal and/or cancellation and may only be available for specific periods and on certain specific terms. You must ensure that the promotion you are interested in is still available, that you are eligible, that you understand any terms which apply to it, and you have opted in where applicable.

6. Support services

6.1 As part of your use of the Telegram Bot, we may provide you with support services via multiple communication channels, which are moderated by us and subject to controls.

6.2 We reserve the right to review and keep a record of all statements made via any communication channel. Your use of our support services should be for assistance and information purposes only.

6.3 We have the right to remove or restrict live support service or block the access to the Telegram Bot if you:(a) make any statements or share any materials that are insulting, abusive, defamatory, harassing, sexually explicit or grossly offensive, including but not limited to expressions of profanity, bigotry, racism or hatred;(b) use any of our support services to advertise, promote or otherwise relate to any other online entities;(c) are reasonably believed to be trying to unfairly exploit our services, for example, by making repetitive untrue statements in regard to the same case, transaction or feature;(d) make statements about Company or any other Internet site(s) connected to the Telegram Bot that are untrue and/or malicious and/or damaging to Company;(e) use any of our support services to collude, engage in unlawful conduct or encourage conduct we deem seriously inappropriate. Any statements concerning suspicious activity may be reported to the competent authorities.6.4 Our support services are used as a form of communication between you and us and should not be copied or shared with any third parties without our prior consent.

7. General Betting Rules (GBR)

7.1 A bet, which has been placed and accepted, cannot be amended, withdrawn, or cancelled by you.

7.2 A bet can only be placed over the internet.

7.3 You can only place a bet if you have sufficient funds in your Telegram Bot.

7.4 A bet, once concluded, will be governed by the version of the Terms and Conditions valid and available on the Telegram Bot at the time of the bet being accepted.

7.5 When you place a bet you acknowledge that you have read and understood in full all of these Terms and Conditions regarding the bet as stated on the Telegram Bot.

7.6 You are fully responsible for the bets placed.

7.7 Winnings will be paid into your account after the game session is ended.

7.8 Unless otherwise determined by our regulator, the Telegram Bot reserves the right to set aside any winnings should there be any investigation resulting from, including but not limited to, suspicion of criminal activities or any manipulation that may have affected the result. We reserve the right to hold and seize any winnings until the investigation is completed and declare null and void any bets or winnings associated if the investigation confirms criminal activity or any manipulation.

7.9 Should there be a break in communication after you place your bet and/or you receive no visual confirmation that a bet has been successfully placed, but the bet is correctly received on our servers, the bet shall be deemed as valid and accepted. You will be informed whether a bet has been accepted once communication is re-established. If the bet is not received correctly on our servers due to a communication error, it shall not be regarded as valid and accepted; and the failed bet shall be returned to you.

8. Miscarried and aborted Games

8.1 The Company is not liable for any downtime, server disruptions, lagging, or any technical or political disturbance to the Game play. Refunds may be given solely at the discretion of Telegram Bot management.

8.2 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 the Telegram Bot 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.

8.3 In the event of a casino system malfunction all wagers are void.

9. Limitation of liability

9.1 You participate in the Games at your own risk. The Telegram Bot and the Games are provided without any warranty whatsoever, whether expressed or implied.

9.2 Without prejudice to the generality of the preceding provision, you accept that we:

9.2.1 Do not warrant that the software, Games and the Telegram Bot are fit for their purpose;

9.2.2 Do not warrant that the software, Games and the Telegram Bot are free from errors;

9.2.3 Do not warrant that the software, Games and the Telegram Bot will be accessible without interruptions.

9.3 Save for situations expressly stipulated in these Terms and Conditions, we shall not be liable for any loss, costs, expenses or damages, whether direct, indirect, special, consequential, incidental or otherwise, arising in relation to your use of the Telegram Bot or your participation in the Games.

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

9.5 You hereby agree to fully indemnify and hold harmless us, our directors, employees, partners, and service providers for any cost, expense, loss, damages, claims and liabilities howsoever caused that may arise in relation to your use of the Telegram Bot or participation in the Games.

9.6 The Company shall accept no liability for any damages or losses, whether in contract, tort, breach of warranty or otherwise, which are deemed or alleged to have arisen out of or in connection with the Telegram Bot 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.

10. Fairness and RNG Testing Methods

10.1  The Telegram Bot operates under a Curaçao Gaming licence issued by the Government of the Netherlands Antilles. Our online products are all supplied by companies with approved e-Gaming Curaçao licensing and status. All products operated by the Telegram Bot go through a vigorous testing process before launch, including internal testing and External Compliance Testing (ECT). Conducted ECT covers elements including but not limited to functionality, display, transaction, rules and mathematics ensuring product compliance to regulatory requirements. Additional internal compliance is also conducted to ensure other functionality around integration testing and user acceptance testing, further guaranteeing integrated Games perform up to the expected user experience standard. Our Games all offer unpredictable Game play and possibilities of large wins and losses, but the average long term return of a Game can be calculated using the Theoretical Return to Player (RTP) value using either a theoretical or simulated approach adjusted according to the Game type. The Theoretical RTP value is as suggested - a theoretical calculation disclosing expected wage percentage player return after a certain amount of plays. Visit the information section of the Game to find more information about RTP of specific Games.

11. Privacy Policy

11.1 You hereby acknowledge and accept that if we deem necessary, we are able to collect and otherwise use your personal data in order to allow you access and use of the Telegram Bot and in order to allow you to participate in the Games.

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

11.3 We will use your personal data to allow you to participate in the Games and to carry out operations relevant to your participation in the Games. By using the Telegram Bot, you acknowledge and accept that employees of the Company shall have access to your personal data for the purpose of executing their duties and providing you with the best possible assistance and service. 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 correspondences, you may opt out of the service.

11.4 Your personal data will not be disclosed to third parties, unless such a disclosure is either required by law or is necessary for the use of our service, in which case, you are deemed to have consented to such disclosures to a third party.As Telegram Bot’s business partners or suppliers or service providers may be responsible for certain parts of the overall functioning or operation of the Telegram Bot, personal data may be disclosed to them.The employees of Telegram Bot have access to your personal data for the purpose of executing their duties and providing you with the best possible assistance and service. You hereby consent to such disclosures.

11.5 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.

12.  Assignment

12.1 No assignment of Your obligations hereunder is allowed. You may not assign your obligations under this Agreement, as well as any rights or obligations hereunder to any other person or entity.

13. Entire Agreement

13.1 These Terms and Conditions constitute the entire agreement between you and us with respect to the Telegram Bot 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 Telegram Bot.

14. Severability

14.1 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.

15. Cancellations, Suspensions and Closure

15.1 Without restricting our ability to rely on other remedies that may be available to us, we may suspend and/or terminate your access, cancel any outstanding bets and/or confiscate any or all funds in your account at our absolute discretion if:(i) we suspect that you are engaging in money laundering, illegal or other fraudulent activity while using our Telegram Bot; or(ii) we suspect that you are depositing funds which have been obtained unlawfully or in a clearly and seriously debase manner; or(iii) we obtain evidence that you are part of a betting syndicate where several parties are involved in placing bets in order to evade the Telegram Bot Rules, these Terms and Conditions or any other rules of Telegram Bot; or(iv) we determine that you are using any device, robot, spider, software, routine or other method (or anything in the nature of the foregoing) to interfere or attempt to interfere with the normal proper functioning of our services, any relevant device(s), software, the Telegram Bot, the casino Games, the betting information or any transactions offered on the Telegram Bot and in particular will not employ or make use of any artificial intelligence or other system (including machines, computers, software or any other automated systems) designed specifically to defraud and/or defeat the Telegram Bot systems; or(v) we determine that you are colluding or attempt to collude with other players in order to defraud the Telegram Bot or its customers; or(vi) we determine that you are breaching any term of these Terms and Conditions;(vii) we determine that you are acting in a manner that is detrimental to the conduct of our business; or(viii) we determine that you are using the Telegram Bot in a manner that gives you an unfair advantage; or(x) we suspect that your account is being used for the benefit of a third party; or

15.2 You acknowledge that the Telegram Bot shall be the final decision-maker as to whether you have violated rules, terms or conditions in a manner that results in suspension or permanent barring from participation in our Telegram Bot.

15.3 Irrespective of whether we suspend and/or terminate access to Telegram Bot and notwithstanding any other provisions in these Terms and Conditions, we may decide to cancel and void any outstanding bets at our absolute discretion where (i) there is a technological failure, or (ii) you or another customer with whom you have bet have breached any of these Terms and Conditions.

16. Force Majeure

16.1 Any failure or delay in performance by the Telegram Bot in respect of its obligations of service shall not be deemed a breach of its obligations to you as customer if such a failure or delay is deemed by the Telegram Bot to be caused by force majeure, which shall include but not be limited to flood, fire, earthquake, or any other element of nature, act of war, an epidemic or a pandemic, riots or terrorist attack, public utility electrical failure, lockouts and strikes, delays or disruptions of the Internet and telecommunications networks caused by human or natural factors, or any other such event beyond the reasonable control of the Telegram Bot.The Telegram Bot shall not be liable for any consequences arising out of any such force majeure events.

17. Breaches, Penalties and Termination

17.1 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 block your access to the Telegram Bot.

18. Applicable law and jurisdiction

18.1 These Terms and Conditions shall be governed by the Laws of Curaçao.

18.2 You acknowledge that, unless stated otherwise, the Games are organised and regulated by the territory of Curaçao. Any contractual relationships between you and the Company shall be deemed to have been entered into and performed by the parties in Curaçao, at the registered address of Company.

18.3 The parties agree that any dispute, controversy, or claim arising out of or in connection with these Terms and Conditions, or the breach, termination or invalidity thereof, shall be submitted to the exclusive jurisdiction of the Curaçao courts.

19. Complaints

19.1 If you have a complaint to make regarding our services, you may contact our Customer Support via chat on

https://t.me/whalesocials or https://t.me/whalegamessupportt. The Telegram Bot will endeavour to resolve the matter promptly.

19.2 If, for some reason, you are not satisfied with the resolution of your complaint by the Telegram Bot, you may report a complaint to the Curaçao eGaming Commission;Address: Pletterijweg Oost, Ara Hilltop Building, CuraçaoTelephone number: +5999 465 1134E-mail: [email protected]