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Terms and conditions of use My Casinos Austria

1. Scope

The My Casino Account (in the following referred to as “the Account”) is an offer of Casinos Austria AG, Rennweg 44, 1038 Vienna, Austria (in the following referred to as “Casinos Austria”). The following Terms and Conditions of Use and Operation apply to the entire use of the Account and any associated applications such as the casinos.at website.


The users and recipients of the Account confirm that they have taken note of and agree to Casinos Austria’s following Terms and Conditions of Use. 

2. Authorisation of use

Persons who have reached the age of 18 and are resident in Austria are authorised to use the Account. For unrestricted use of the Account, the user needs to register and verify their identity in a casino operated by Casinos Austria. Users accept that in order to use the Account, they may not be excluded and/or restricted from visiting Casinos Austria’s casinos. The visiting and gaming regulations of Casinos Austria AG, as amended from time to time, apply to any visits to Casinos Austria casinos.


Use without a user account
Unregistered users will have limited access to the application’s functionalities. Without a user account, only publicly available functions and information can be accessed. 


Use with user account 
Registered and linked users will have unlimited access to the application’s functionalities. Registration is free of charge. By registering, the user creates a user account and enters into a user agreement with Casinos Austria, which is based on these Terms and Conditions of Use and the Privacy Policy of the Casinos Austria AG & Österreichische Lotterien GmbH Group and, in case of linked users, the Terms and Conditions of Participation in the Glücks Card programme. 


Users must correctly and completely provide all information requested during the registration process and subsequently keep all such information up to date and amend and/or correct it as necessary. User administration data (password, user name = e-mail address) must be kept confidential by the user and protected from any unauthorised access by third parties. 
Linking the account to the Glücks Card programme makes unrestricted use in combination with the Glücks Card programme possible. This link requires verification of the registered user by presenting an official photo ID in a casino operated by Casinos Austria before, after or at the time of registration. 


The user acknowledges that Casinos Austria is authorised to make technical changes at any time and that this may result in a restriction or an extension of the application’s functionality. Casinos Austria is also authorised to publish new versions of the application or to terminate its operation at any time. This authorisation applies globally and regionally as well as to individual users. 

3. Description of the applications

The following applications can be used with the My Casino account, as long as they are operated by Casinos Austria. The My Casinos Austria App (in the following referred to as “the App”) and the casinos.at website are software applications operated by Casinos Austria which, when properly used by the user and subject to the limitations set forth in sections 2 and 5 of these Terms and Conditions of Use, offer the following functionality: 


3.1.    Opening of websites linked in the App. 
 
3.2.   Use of limited functions without a user account:

the user is provided with information about Casinos Austria’s casinos, the available games and restaurants, player protection and events. The user can submit feedback about the application, the gaming and gastronomy services, events, vouchers/promotions, the public appearance etc. of Casinos Austria by using the contact form.

3.3.    Use of functions while using a user account

(in addition to items 3.1. and 3.2.): By providing an e-mail address (= user name) and creating a password, user administration functionalities can be used after the e-mail address has been confirmed. The user will be shown individualised content. 

3.4.    Participation in the Glücks Card programme:

registered users can link their user accounts to the Glücks Card programme and participate in this programme within the context of the application. The final decision regarding this linking will be made by Casinos Austria in the course of an appropriate verification in compliance with all applicable gaming-related legislation and Casinos Austria’s visiting and gaming regulations.
The user may use or redeem the bonuses acquired within the Glücks Card programme under the terms and conditions of the Glücks Card programme in the corresponding application functions, to the extent that these are available. 


The user’s My Casino account also allows the use of Casinos Austria’s online shop portal, shop.casinos.at.  

4. Functionality / Communication

The App uses the smartphone’s GPS components as well as the smartphone’s sensors to determine the position and to evaluate the event, provided that the user has agreed to the position being determined using location data. For the transmission of data to Casinos Austria’s infrastructure, the applications use communication technology provided by the smartphone/computer (e.g. WiFi, LTE, 3G/2G). Any costs incurred for data traffic are not included in Casinos Austria’s scope of services and are payable by the user.

5. Availability of functions

The availability and functionality of the applications depend on the operation and capacity of telecommunication facilities and servers over which Casinos Austria ultimately has no control. Casinos Austria makes no guarantee that the user account will be accessible in full at all times and that all content will be available at all times. To the extent that maintenance work, updates, security or system integrity make it necessary, Casinos Austria is authorised to temporarily restrict access to the Account.

If the user is provided with content (e.g. coupons or vouchers) in the form of a barcode or the like, the validity of such content will be checked by scanning them into our systems. Coupons or vouchers can only be redeemed if they are verified to be valid.


Casinos Austria aims to ensure maximum availability of its applications and their respective functionality. The customer acknowledges that the following special requirements must be met for unrestricted availability of these services and that these lie outside Casinos Austria’s control:


5.1.    the flawless operation of the Global Positioning System (GPS) and the flawless reception of the GPS signal on the user’s smartphone,


5.2.    the proper operation of the mobile phone network as well as a degree of utilisation of this network that allows flawless transmission of data,


5.3.    a fully operational and functioning connection between the user’s smartphone/browser and the intermediate Internet connections to the Casinos Austria server infrastructure,


5.4.    the user using the most up-to-date version of the App,


5.5.    the user having obtained the App exclusively from the App Store, Play Store or download links provided by Casinos Austria.


It should be noted that if these requirements are not met, the use of the App is not possible or may only be possible with restricted functionality.

6. Obligations of the user

The user is obligated to use the applications exclusively in accordance with these Terms and Conditions and only in situations in which he/she is able to do so and does not endanger or harm himself/herself or others (e.g. while driving a motor vehicle or operating machinery, etc.). 
In particular, users may not:


6.1.    offend the rules of common decency with their behaviour,


6.2.    violate industrial property rights, copyrights, personal rights, property rights or any other rights of third parties,


6.3.    transmit or generate content containing viruses, Trojan horses, worms or similar or any other programming or reverse programming or similar that may alter or impair software,


6.4.    enter, store or send hyperlinks or contents that they are not authorised to use or transmit, in particular if these hyperlinks or contents violate any confidentiality obligations or are illegal, 


6.5.    disseminate advertising or unsolicited e-mails (so-called "spam") or inaccurate warnings about viruses, malfunctions etc. or solicit participation in lotteries, snowball systems, chain letters, pyramid schemes and similar campaigns.

7. Exclusion from use

If the user violates these terms of use, he or she may be excluded from using the Account or individual functions in accordance with clause 11. 

8. Liability

Casinos Austria is only responsible for content that it has created, published and/or distributed itself. 


Casinos Austria and its contractual partners cannot be held liable unless Casinos Austria or one of its contractual partners is guilty of malicious intent or gross negligence with regard to the damage. This applies in particular to any damages that may arise due to errors, delays or disruptions in transmission, incorrect contents, loss or deletion of data, viruses or any other factors while the Account is being used.


Third-party websites may contain hyperlinks. Casinos Austria accepts no responsibility for the content of such websites. Casinos Austria does not continuously monitor linked contents and is not responsible for any content or information that may be provided there. The use of third-party websites is entirely at the user’s risk. 


Any errors, spelling mistakes or similar in Casinos Austria’s content is excluded from any claim on the part of the user against Casinos Austria. 

9. Copyright protection and industrial property rights

The software used is the intellectual property of Casinos Austria AG, Rennweg 44, 1038 Vienna, Austria and is protected by copyright law and industrial property rights. The user does not acquire any right to edit and/or exploit and/or otherwise use the aforementioned components in any way whatsoever.

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

The distribution of the contents by the user is permitted for private purposes only. Any distribution of the contents for commercial purposes is only permitted in exceptional cases, upon request and after express approval by Casinos Austria. The unauthorised use of protected contents may result in civil and criminal penalties.

To the extent that the user submits ideas and suggestions via the applications or existing submission forms, Casinos Austria may use these free of charge for the development, improvement and distribution of products and services included in its portfolio.

10. Data protection

Upon registration and creation of a user account, the account user acknowledges and accepts the privacy policy of the Casinos Austria AG & Österreichische Lotterien GmbH Group (this applies in particular to the Casinos Austria/Casinos Austria Applications and Casinos Austria/Glücks Card Programme sections).

11. Term of agreement and termination

This user agreement is concluded for an indefinite period. 

However, the user may terminate this contractual relationship at any time by sending an e-mail to service@casinos.at without having to state a reason.

Casinos Austria is authorised to terminate the user agreement at any time without stating a reason. This termination can be put into effect by sending an e-mail to the e-mail address specified by the user.

12. Amendment to the Terms and Conditions of Use

Casinos Austria reserves the right to make changes or amendments to its Terms and Conditions of Use at any time. Such amendments or additions must be brought to the attention of the user of the account and shall be deemed to have been approved within the context of Section 6 (1) (2) of the Austrian Consumer Protection Act (KSchG) unless the user objects within 4 weeks (28 days) by sending an e-mail to service@casinos.at, calling +43 1 534 40 50 or writing to Casinos Austria AG, Rennweg 44, 1030 Vienna, Austria. An objection will result in the functionality of the account no longer being available. 

13. Choice of law, legal venue

Austrian law shall apply while excluding the UN Convention on Contracts for the International Sale of Goods. For any disputes arising from or in connection with these Terms and Conditions of Use, the responsible court in Vienna, Austria, has jurisdiction. If the user is a consumer within the meaning of the Austrian Consumer Protection Act (KSchG), the place of jurisdiction for legal actions against him/her shall be his/her place of residence, usual place of abode or place of employment, provided that these are located in Austria, in accordance with § 14 KSchG.

14. Severability clause

To the extent that individual provisions of these Terms and Conditions of Use are or become invalid in whole or in part, the validity of the remaining provisions will not be affected. Any invalid provision will be replaced by a legal provision that is intended to achieve the same purpose. The same applies to any lacunae in the Terms and Conditions of Use.

 

Status: July 2021