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Terms and conditions of use My Casinos Austria

1. Scope

Casinos Austria AG, Rennweg 44, 1038 Vienna (“Casinos Austria”) operates the websites www.casinos.at and shop.casinos.at (“Casinos Austria Websites”). Upon registration of a User account (“My Casino Account”), the Casinos Austria Websites may be used by persons over the age of 18 (“Users”) without limitations on access, and absent registration of a My Casino Account, they may be used, but with limited access (“Guests”).

These Terms of use apply to the registration and use of the My Casino Account and related features. The Terms of use of Casinos Austria are acknowledged and agreed to.

2. Types of Usage

Usage without a User account

Guests have only limited access to the functionalities of the Casinos Austria Websites, meaning that only publicly accessible information and functionalities of the Casinos Austria Websites can be used.

Usage with a User account

The functionalities of the Casinos Austria websites are available to Users without limitations on access. Registration is free of charge. Upon registration, Users create a User account and conclude a User agreement with Casinos Austria, which is based on these terms of use and the privacy policy of the Casinos Austria AG & Österreichische Lotterien GmbH group and, in the event of a link to the Glücks Card programme, on the terms and conditions of participation of the Glücks Card programme.

Users must provide all information requested during registration correctly and completely, keep it up to date and, if necessary, change and/or correct it. The User account management data (password, User name=e-mail address) must be kept secret by the User and protected from access by unauthorised third parties.

Usage with a User account and link to the Glücks Card programme

By linking the My Casino Account to the Glücks Card programme, usage in tandem with the Glücks Card programme is possible. The link requires verification of the registered User by providing an official photo ID when visiting a branch of Casinos Austria. Users accept that in order to be linked to the Glücks Card programme, there must be no ban and/or restriction from visiting branches of Casinos Austria. Visits to branches of Casinos Austria are governed by the applicable visiting and gaming regulation of Casinos Austria, as amended from time to time.

Casinos Austria is entitled to make technical changes at any time, which may result in a restriction or extension of functionality. Casinos Austria is also entitled to publish new versions or terminate operation at any time. This authorisation applies globally as well as regionally and to all Users as well as to individual Users.

3. Description of Functionalities

The following functionalities can be used with the My Casino Account for so long as they continue to be operated by Casinos Austria.

The features, when properly used by Users and subject to the limitations set forth in sections 2 and 4 of these terms of use, provide the following:

3.1 After the User confirms his or her e-mail address (= User name) and creates a password, User account management features can be used. Individualised content is displayed to Users.

3.2 Users can independently manage their contact data and unsubscribe or opt out from marketing mailings for each contact channel at any time. Management is understood to mean adding, changing or deleting.

3.3 Forms for contacting and processing orders in the Casinos Austria online shop use pre-populated personal data fields (e.g. name, address, etc.).

3.4 After logging in, Users may voluntarily participate in surveys provided on the Casinos Austria websites.

3.5 Users may participate in prize draws published on the Casinos Austria Websites.

3.6 Users may link their My Casino Account to the Glücks Card programme and participate in it within the scope of the functionalities provided for this purpose. Users may use/redeem the bonuses acquired as part of the Glücks Card programme in accordance with the terms and conditions of participation of the Glücks Card programme within the framework of the corresponding functionalities to the extent provided for.

4. Availability of Functionalities

Casinos Austria endeavours to ensure the highest possible availability of the functionalities of the Casino Austria Websites. The availability of the functionalities depends on the operation and capacity utilisation of telecommunications facilities and servers, over which Casinos Austria has no control.

Casinos Austria does not guarantee that the My Casino Account will be accessible, or fully accessible, at all times or that all content provided there will be accessible at all times. If and to the extent required by maintenance work, updates, security and system integrity, Casinos Austria may temporarily restrict access to the My Casino Account.

5. Obligations of Users

Users undertake to use the functionalities exclusively in accordance with these terms of use and only in situations in which they are not in a position to endanger or harm themselves or others (driving a motor vehicle, operating machinery, etc.).

In particular, Users must not:

5.1 offend common decency by their conduct when using the Casino Austria Websites,

5.2. infringe on intellectual property rights, copyrights, personality rights, property rights or other rights of third parties,

5.3. transmit or create content containing viruses, trojan horses, worms or other programming or reverse programming that may alter or damage software,

5.4. enter, store or send hyperlinks or content for which they are not authorised, in particular if such hyperlinks or content violate confidentiality obligations or are unlawful,

5.5. disseminate advertising, unsolicited e-mails, other spam or inaccurate warnings of viruses, malfunctions and the like or solicit participation in competitions, snowball systems, chain letters, pyramid schemes and comparable campaigns.

6. Exclusion from Use

If Users violate these terms of use, they may be excluded from using the My Casino Account or individual functionalities in accordance with section 10.

7. Liability

Casinos Austria is only responsible for content it creates, publishes and distributes itself.

The liability of Casinos Austria and its contract partners is excluded unless Casinos Austria or one of its contract partners is guilty of an intentional act or omission or gross negligence with regard to the occurrence of damage. This applies, in particular, to damages that may arise due to errors, delays or interruptions in transmission, incorrect content, loss or deletion of data, viruses or in any other way when using the My Casino Account.

There may be hyperlinks to third-party websites. Casinos Austria is not responsible for the content of such websites. Casinos Austria does not permanently monitor the linked content and is not responsible for the content and information provided there. Usage thereof is at the User’s own risk.

Errors, spelling mistakes and syntactical errors, etc. shall not give rise to any claim whatsoever on the part of the User against Casinos Austria.

8. Copyright and Intellectual Property Protection

The Casinos Austria Websites and the software used for them as well as the source code are the intellectual property of Casinos Austria and are protected by copyright law and intellectual property rights. Users do not acquire any authorisation to edit and/or exploit and/or otherwise use the aforementioned components in any way whatsoever.

Casinos Austria reserves all rights to all retrievable texts, graphics, photos, logos/brands, designs (“Content”), including layout, software and their contents, in particular copyrights and trademark protection rights.

The dissemination of Content by Users is permitted for private purposes only. Dissemination of Content for commercial purposes is only permitted in exceptional cases upon request and with the express permission of Casinos Austria. The unauthorised use of protected Content may result in civil and criminal penalties.

If Users leave ideas and suggestions via the functionalities or existing input forms, Casinos Austria may use these free of charge for developing, improving and selling its products and services from its portfolio.

9. Data Protection Information

Casinos Austria processes the following personal data only within the scope of all applicable national as well as European data protection regulations.

For the purpose of fulfilling the terms of the contract pursuant to section 6 (1) (b) of the GDPR, Casinos Austria processes the following personal data: User name (=email address), user ID and password. If users use the user account to place orders in the Casinos Austria online store, Casinos Austria also processes the data provided there or personal data arising in connection with the order (information on the order, transaction data, information regarding the redemption of the vouchers) for the respective order process.

Personal data is processed for as long as is absolutely necessary to achieve the purposes for which it is required. Any storage of data exceeding this period may result from legal obligations or, if applicable, pending administrative or judicial proceedings.

Further information on data processing can be found in the data privacy policy of the Casinos Austria AG & Austrian Lotteries GmbH group or can be viewed at the branches of Casinos Austria.

10. Term and Termination

The User agreement concluded between Casinos Austria and the User through the registration and use of a My Casino Account is concluded for an indefinite term.

Users may terminate the contractual relationship at any time by sending an e-mail to service@casinos.at or a registered letter to Casinos Austria AG, Rennweg 44, 1030 Vienna, without any need to state reasons for termination.

Casinos Austria is entitled to terminate the User agreement at any time without stating reasons. Termination shall be effected by sending an e-mail to the e-mail address provided by the respective User.

11. Amendments of the Terms of Use

Casinos Austria reserves the right to amend or add to the terms of use at any time. Such amendments or addenda shall be brought to the attention of the Users of the accounts and shall be deemed to have been approved within the meaning of section 6 (1) (2) of the Austrian Consumer Protection Act (Konsumentenschutzgesetz) unless the Users object in writing within 4 calendar weeks (28 days) by e-mail to service@casinos.at or by registered letter to Casinos Austria AG, Rennweg 44, 1030 Vienna. The consequence of lodging such objection is that the functionalities of the My Casino Account can then no longer be used.

12. Applicable Law and Place of Jurisdiction

Austrian law shall apply. The applicability of Austrian conflict of laws rules as well as the UN Convention on Contracts for the International Sale of Goods is expressly excluded.

If the Users are consumers within the meaning of the Austrian Consumer Protection Act (Konsumentenschutzgesetz), the place of jurisdiction for actions against the consumer(s) shall be the court in whose district the consumer’s domicile, habitual residence or place of employment is located. In all other cases, the exclusive place of jurisdiction shall be the court with subject-matter jurisdiction over the registered office of Casinos Austria.

13. Severability Clause

Should any of the provisions of these terms of use, for whatever reason, be deemed invalid or void in whole or in part, this shall not affect the validity of the remaining provisions of these terms of use. The wholly or partially invalid provision shall be deemed replaced by a provision whose economic effect comes as close as possible to that of the invalid provision. The same applies to any contractual gaps.

Status: May 2023