Terms & Conditions

1.1

Your use of any service and play of any game provided on this website – tomcasino.net (the "Website"), means that you agree on and accept the following legally binding Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, you should quit using the services and leave the Website immediately. Please, read these Terms and Conditions carefully before using the Website or any of the services.

1.2

The Website is operated by Tom Limitada, a limited liability Company registered and established under the laws of Costa Rica, with company registration number 3-102-941391, having its registered address at: Province 06 Puntarenas, Canton 11 Garabito, Jaco, East Side of Municipalidad de Garabito, Bufete Sanchez Chavarria, Costa Rica (the "Company" or "We").

1.3

When you (the "End User" or "User" or "You" or "Customer") use the Website or Services, these Terms and Conditions together with any and all documents referred to hereby and being an integral part of this document (the "Terms of Services" "Terms of Use" or "Agreement" or "User Agreement") shall apply to such use.

1.4

By registering in the system of the Company and/or by using the Gaming Services and/or by marking the "I accept these Terms and Conditions" box (or any other similar wording), You agree to be bound by the User Agreement in its entirety and without reservation.

1.5

We reserve the right to amend, modify, update and change any of the terms and conditions of the User Agreement from time to time. We will notify You of any such amendment, modification or change by pop-up notification and email at least fourteen (14) days before the modified User Agreement takes effect and enters into force.

1.6

If You do not agree to any of the provisions of the User Agreement, You should immediately stop using the Website and the Services and cease the access from Your computer and/or any other applicable device.

1.7

We partner with third-party Payment Service Providers to facilitate fiat currency transactions. By making deposits or withdrawals in fiat currency, you expressly agree to comply with the terms and conditions of these Payment Service Providers.

1.8

The terms and conditions of our game and service suppliers shall complement the Agreement as long as they are not in conflict with the Agreement.

1.9

The Website allows You to use our Gaming Services. The Company reserves the right to either partially or entirely suspend, modify, remove or add to the Services in its sole discretion with immediate effect and without any notification to You.

1.10

Our Website is not an exchange platform and therefore We do not execute any conversion between the currencies, including between crypto currency and fiat currency or vice versa.

2.1

You shall access the Services only via Your own account registered with Us (the "Account") and You may never access the Services by means of another user's account.

2.2

You must not use disposable email address for registering Your Account. Also, you must not use disposable phone number for verifying your account.

2.3

Your Account is for Your sole personal use only and shall not be used for any professional, business or commercial purpose.

2.4

You access your Account by username and password. We guarantee that We will not disclose your username and password to any third party.

2.5

You are allowed to register only one Account. Registering and operating multiple Accounts (more than one) is strictly prohibited.

2.6

You are not allowed to transfer funds from your Account to the Account of another Customer registered on the Website.

2.7

If no transactions have been recorded on Your Account for twelve (12) consecutive months, Your Account will be considered to be a "Dormant Account."

2.8

If You are no longer willing to hold an Account on our Website, We kindly request You to contact us at support@tomcasino.net and submit your request about the termination or suspension of your account.

2.9

We will block and terminate Your account if You notify us or We have reasonable doubt to suspect that you are gambling-addict.

2.10

Without prejudice to any term of this Agreement, We reserve the right to block and terminate Your Account any time, at our sole discretion, without providing cause or explanation.

2.11

If we refund You all the funds available on Your Account upon the termination of Your Account, we will deduct the relevant withdrawal charges.

2.12

When depositing funds in any currency on your Account, please ensure you are depositing an amount equal to or greater than the minimum deposit limit for that particular currency.

2.13

The minimum deposit amount per transaction in fiat currency is €1. The maximum deposit amount per transaction is €2,000.

3.1

Your Account will be opened and maintained in all currencies available on our Website. The provided list may change and the currencies may be added or removed from the Website periodically.

3.2

You must consider, that ETH (Ethereum) deposits and withdrawals are made through ETH (Ethereum) currency, and other technologies are currently not supported.

3.3

You must consider, that TRX (Tron) deposits and withdrawals are made through TRX (Tron) currency, and other technologies are currently not supported.

3.4

In case you are a BTC (Bitcoin) user, you must consider, that for the withdrawal purposes, SegWit Wallet is not currently supported by the Website.

3.5

You must consider that we accept the following fiat currency: EUR. We reserve the right to add or remove supported currencies at our discretion without updating this Terms and Conditions.

3.6

Fiat deposits and withdrawals are processed exclusively through approved Payment Service Providers and/or financial institutions.

3.7

If you deposit or withdraw in a currency other than your account's base currency, the transaction might be subject to exchange rates determined by our payment processor at the time of processing.

4.1

Internet gambling may not be legal or may be restricted under some jurisdictions. You understand and accept that the Company is unable to provide You with any legal advice or assurance in respect to Your use of the Services.

4.2

The Services are meant only for users who are not prohibited or restricted by the laws of any applicable jurisdiction from gambling on the Internet. The Company does not intend to enable You to contravene applicable law.

5.1

No-one under the age of 18 or the age of legal consent for engaging in the activities included in the Services under the laws of any jurisdiction, whichever is higher ("Legally of Age") may use the Services under any circumstances.

5.1.1

You are requested to provide full compliance data before depositing or playing or Receiving any Gaming Services from Us. Such data includes Your full name, residential address, date of birth, confirmation of Terms and Conditions.

5.2

We reserve the right to verify Your registration details and all other personal data provided by You to Us any time after the registration of the Account, such as: name, surname, identity information, personal number and passport number, address, age and any other personal data.

5.3

You hereby explicitly consent to the Company performing background checks for any reason, including, but not limited to, any investigation into the identity of the User, any payment method and payment source checks performed on the User.

6.1

In consideration of the rights granted to You to use the Services, You represent, warrant, covenant, undertake and agree that:

6.1.1

As the End User, You are Legally of Age, as defined in this Agreement, of sound mind and capable of taking responsibility for Your own actions;

6.1.2

As the End User, You shall play the games under the Gaming Services only for yourself, only for fun and in a non-professional manner;

6.1.3

As the End User, You understand that crypto-currencies are not considered as official currencies and as such on the Website they are treated as virtual funds with no intrinsic value;

6.1.4

All details, contact information and personal data provided and submitted by You to the Company either during the registration process or at any time thereafter are true, up-to-date, correct and complete;

6.1.5

As the End User, Your Account with the Company is solely for Your benefit. You shall not allow anyone (including a relative, friend or otherwise connected person) to use Your Account, password or identity to access or use the Services.

11.1

All Website design, text, graphics, music, sound, photographs, video, the selection and arrangement thereof, software compilations, underlying source code, software and all other material forming part of the Services are subject to copyright and other proprietary rights.

11.2

Under no circumstances shall the use of the Services grant to You any interest in any intellectual property rights (for example copyright, know-how or trademarks) owned by us or by any third party whatsoever.

11.3

No rights whatsoever are granted to use or reproduce any trademarks or logos, which appear on the Website except as specifically, permitted in accordance with the Terms of Use.

11.4

You must not, nor must You allow any other person to copy, store, publish, rent, license, sell, distribute, alter, add to, delete, remove or tamper with the Website or any part of it in any way.

11.5

All intellectual property rights in the name "Tomcasino", the logos, designs, trademarks and other distinctive brand features of the Company and any content provided by the Company or any third party for inclusion on the Website vest in the Company or the applicable third party.

12.1

You accept and agree that the random number generator will determine the randomly generated events required in connection with the Services and where the result shown on the Website conflicts with the result shown on our server, the result shown on our server shall in all circumstances take preference.

12.2

No claims or disputes will be considered more than 7 (seven) business days after the date of the original transaction. You hereby undertake to raise such claims or disputes with the customer support office at support@tomcasino.net.

12.3

The Company's support team will review Your claim and provide You with its decision within reasonable period of time of You submitting Your claim or dispute.

12.4

If You do not agree with the Company's decision, You should contact our Support Manager to appeal the Company's decision and provide the Company with all the relevant evidence in relation to Your appeal promptly and thoroughly.

12.5

The Support Manager will re-review Your claim or dispute and provide You with the Company's final and binding decision within 14 (fourteen) business days.

12.6

In the event that You have exhausted all reasonable means in resolving a complaint which You may have in relation to the Services, You may refer to the Alternative Dispute Resolution sources at Your sole discretion.

13.1

You agree that You are free to choose whether to use the Services and do so at Your sole option, discretion and risk.

13.2

We will provide the Services with reasonable skill and care and substantially as described in this Agreement. We do not make any other promises or warranties regarding the Services.

13.3

The Company shall not be liable to You or any third party in contract, negligence, tort or otherwise, for any loss or damage whatsoever arising from or in any way connected with Your, or any third party's, use of the Services.

13.4

The Company shall not be liable in contract, tort or otherwise, for any loss or damage whatsoever arising from or in any way connected with Your use, of any link contained on the Websites.

13.5

You confirm that the Company shall not be responsible to You or any third party for any modification to, suspension of or interruption of the Services.

13.6

You agree that, in the event that the Services, either owned by the Company or provided by the Service Providers, or the Website fails to operate correctly as a result of, but not limited to, any delay or interruption in operation, transaction or transmission, any loss or corruption of data or communication or lines failure.

13.7

We act as an intermediary between the User and Payment Service Providers for fiat currency transactions and are not responsible for delays or errors imposed by these Payment Service Providers.

13.8

We shall not be liable for lost funds due to incorrect payment information provided by the Users.

13.9

The maximum pecuniary liability in relation to Your use of the Website and the Gaming Services shall not exceed the value of the authentic wagers You placed in respect to the Gaming Service that the liability arose from, during 1 (one) month period before you submit to Us a written request about the compensation.

14.1

You will fully indemnify, defend and hold us and our officers, directors, employees, agents, contractors and suppliers harmless from and against any and all losses, costs, expenses, claims, demands, liabilities and damages (including legal fees), however caused, that may arise, whether or not reasonably foreseeable, as a result of or in connection with the access to and use of the Services by You or by anyone else using Your username and password.

14.2

If You are in breach of the Agreement, We may at our sole discretion, prior to any suspension or termination of Your Account, notify You (using Your Contact Details) that You are in breach, requiring You to stop the relevant act or failure to act.

14.3

We have the right to disable any User Account, whether chosen by You or allocated by us, at any time, if in our reasonable opinion You have failed to comply with any of the provisions of this Agreement.

15.1

As part of Your use of the Service the Company may provide You with a chat facility via which You will be able to communicate with other Users of the Service. The Company reserves the right to review the chat and to keep a record of all statements made on such facility. Your use of the chat facility is subject to the following rules:

15.1.1

You shall not make any statements that are sexually explicit or grossly offensive, including expressions of bigotry, racism, hatred or profanity.

15.1.2

You shall not make statements that advertise, promote or otherwise relate to any other online entities.

15.1.3

You shall not make statements about the Company or the Websites or any other Internet Website connected to the Company that are untrue and/or malicious and/or damaging to the Company.

15.2

In the event of You violating any of the above provisions relating to the chat facility, the Company shall have the right to remove Your chat privilege or even temporarily or permanently terminate Your Account.

16.1

This Agreement, as well as all matters relating to it, shall be governed by and interpreted in accordance with the laws of the Republic of Costa Rica. Any disputes arising from or relating to this Agreement will be subject to the exclusive jurisdiction of the competent courts of Costa Rica.

16.2

If any part of the User Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the rest of the User Agreement and shall not affect the validity and enforceability of any of the remaining provisions of the User Agreement.

16.3

No waiver by us of any terms of the User Agreement and no refusal by us to exercise any of our rights under this User Agreement shall be interpreted as a waiver of any preceding or succeeding breach of any terms of the User Agreement.

16.4

Unless otherwise expressly stated, nothing in the User Agreement shall create or confer any rights or any other benefits to third parties.

16.5

You agree that this Agreement and any of your rights and obligations thereunder are non-transferrable and, therefore You cannot transfer or assign this Agreement or any of your rights or obligations under this Agreement to any third party.

16.6

Pursuant to state and/or applicable jurisdiction, You may be required to complete certain tax forms before winnings that exceed a taxable threshold can be released to You. By using the Services, You agree to fully comply with all applicable tax laws and hereby release the Company from any liability associated with Your compliance.