Our Terms and Conditions

These terms and conditions (“Terms”) set out the basis upon which you may access and make use of, and the basis upon which we may supply, our Services (as defined below) to you from the Website (as defined below). Please be sure to read these Terms carefully as they form a legally binding contract between you and us.

1. Information about us

1.1 We provide the Services from the website to which the URL “khatu365.com” resolves from time to time (“Website”).

2. Our contract with you

2.1 By visiting the Website and/or by registering and/or using the Services, you agree to be, and are, bound by these Terms and any additional terms which may be incorporated by reference from time to time including, but not limited to:

(a) our Privacy and Cookie Policy 

(b) any ancillary game rules which may apply to certain games offered as part of the Services, and which may be displayed within the relevant game interface including, but not limited to, any game limits and game maximum wins (“Game Rules”);

(c) any specific conditions which are stated as applying when interacting with a particular aspect of the Services; and

(d) all such other of our terms and conditions, rules or policies as they relate to any applicable Services, promotions, bonuses, special offers or any other aspect of your use of the Services from time to time

2.2 Each time you visit our Website and/or access our Services, you will be deemed to have accepted these Terms anew and as drafted for the time being, including any amendments which may have been made to the Terms since your last visit and/or use of the Services. If you do not agree to accept and be bound by these Terms, you must not use our Services and Website

2.3 These Terms will continue in full force and effect unless and until terminated in accordance with the Terms, or by the provision of no less than seven (7) days’ notice from one party to the other; provided always that termination will not affect the applicability and/or enforceability of any provision which is by design, or by interpretation, intended, or which should be understood, to survive the termination of these Terms.

3. Accounts and account verification

3.1. When you register an account with us you are agree, warrant and represent that:

(a) you are at least:

(i) 18 years of age; or

(iii) the age at which gambling is legal under any law that applies to you,whichever is the greater (“Age of Majority”);

(b) you will provide accurate information when registering your account including, without limitation, your full name, date of birth, your current residential address, your email address and a personal telephone number; and you will inform us of any changes to this information;

(c) you are legally capable of entering into binding contracts, including these Terms and any interactions with the Services that might amount to, or create, a binding contract;

(d) you are registering the account solely for your own personal use, and that you are acting on your own behalf and not on behalf of a third party;

(e) you will not try to sell or in any way transfer the benefit of your account to any third party and nor will you acquire or attempt to acquire an account which has been opened in the name of a third party;

(f) you are entirely responsible for complying, and that you do so comply and will continue to comply, with any and all local, national, federal, provincial or other laws which may be applicable to you from time to time and which might affect your ability to access and use the Services;

(g) you are not a PEP, HIO or PEP/HIO Related Person (all as defined below), and that you will immediately inform us of any changes to your status in this regard;

(h) you are not prohibited for any reason from using the Services including, but not limited to, by way of court order; and

(i) you are not currently self-excluding yourself from another Khatu365 account.

3.2. You are not permitted to register or use more than one account for the purposes of accessing the Services.

3.3. You may not register, or maintain, an account with us if you are considered to be a politically exposed person (“PEP”), a head of an international organisation (“HIO”), or the family member or close associate of a PEP or HIO (“PEP/HIO Related Person”); and you undertake to immediately notify us of any change to this status.

For the purposes of this clause 3.3:

(a) a PEP includes an individual holding the following offices or positions in or on behalf of any state: (i) head of state or head of government, (ii) member of the executive council of government or member of a legislature, (iii) deputy minister or equivalent rank ambassador, attaché or counsellor of an ambassador, (iv) military officer with a rank of general or above, (v) president of a state-owned company or a state-owned bank, (vi) head of a government agency, (vii) judge of a supreme court, constitutional court, or other court of last resort, and (viii) leader or president of a political party represented in a legislature;

(b) a HIO is a person who is, or was within the past five years, the primary person responsible for leading an international organisation or institution, and the international organisation or institution that they are, or were, the head of is either: (i) an international organisation established by the government of any state; or (ii) an institution established by an international organisation established by the government of any state;

(c) a family member of a PEP or HIO includes: (i) their spouse or common-law partner, or ex-spouse or former common-law partner, (ii) their biological or adoptive child(ren), (iii) their mother(s) or father(s), (iv) the mother(s) or father(s) of their spouse or common-law partner (mother-in-law or father-in-law), (v) their siblings; and

(d) a close associate of a PEP or HIO includes persons who: (i) are business partners of, or who beneficially own or control a business with a PEP or HIO, (ii) are in a romantic relationship with a PEP or HIO; (iii) are involved in financial transactions with a PEP or HIO, (iv) serve as a member of the same board as a PEP or HIO, (v) carry out charitable works closely with a PEP or HIO, and (vi) are jointly listed on a policy of insurance where one of the holders may be a PEP or HIO.

3.4. We may limit the creation of Khatu365 accounts to one per person, family, household address, email address, telephone number, IP address, payment method, linked e-wallet accounts, mobile device, computer and/or application download instance. Under no circumstances will we be obliged to circumvent or lift these restrictions, but we may consider any justifiable request to do so on a case by case basis. Please contact our customer support team khatu365.com for assistance. 

3.5. Should we believe, in our sole and absolute discretion, that you have registered and/or used more than one account with us in contravention of clause 3.2, we may restrict, suspend and/or permanently close any and/or all such accounts, withhold any winnings linked to said accounts and levy an administration charge for dealing with the same.

3.6. The availability of the Services does not constitute an offer, solicitation or invitation by us for the use of our Services in any jurisdictions in which such use is prohibited by law. If you use our Services in breach of any local, national, federal, provincial, state or other laws that apply to you, we will not be liable to you for any consequences of such use.

3.7. You must keep your personal information updated and current at all times; failure to do so may limit our ability to provide certain of the Services to you including, but not limited, the processing of deposit and/or withdrawal requests in a timely manner, or at all. You may update your details at any time by accessing the account section of our Website; should you require assistance in updating your personal information you may contact our customer services team info@khatu365.com.

3.8. You may not, whether directly or indirectly, transfer or seek to transfer any funds from one Khatu365 account to another for any reason.

3.9. By accepting these Terms and/or registering to use the Website you acknowledge and agree that we are entitled to conduct any and all such identification, credit, fraud and other verification checks from time to time that we may require and/or may be required by applicable laws and regulations and/or by the relevant regulatory authorities for use of the Website and our Services generally. You agree that you will provide us with all information that we require in connection with such verification checks. We will be entitled to suspend or restrict your account in any way that we deem appropriate, until such time as we have completed those verification checks to our sole satisfaction.

3.10. As part of the registration and verification process, we may transfer any information provided to us pursuant to clause 3.9 to certain third parties for the purposes of assisting with and completing any verification process, and you specifically agree and consent to such transfers and processing.

4. Restricted territories

4.1. Your ability to access and/or use our Website and Services is not indicative, and should not be deemed to be indicative, that such use or access is legal in the jurisdiction/territory in which you reside; and we explicitly make no representations as to the legality of the Services and/or your use of the same.

4.2. We may, at our sole and absolute discretion from time to time, prevent persons located in certain territories or jurisdictions (“Restricted Territories”) from accessing the Website, registering an account and/or otherwise being able to access, or to use, the Services. As at the time of writing, Restricted Territories include, but are not limited to, the USA, Netherlands, France, Dutch West Indies and Curaçao.

4.3. We deploy technological solutions to prevent persons located in Restricted Territories from accessing the Website, registering an account and/or otherwise being able to access, or to use, the Services. You acknowledge and agree that we will not be responsible to you for, and will be held harmless in relation to, any losses suffered by you as a result of your attempting to access the Website and the Services from within a Restricted Territory, including by way of any means designed to circumvent any controls or technological solutions that we may have in place from time to time, and which are intended to prevent or limit such access.

4.4. Any funds deposited to an account by persons who are located in a Restricted Territory, whether permanently or temporarily, will be considered forfeit and will not be returned.

5. Account security

5.1. You agree to keep your account username and password confidential and not to share the same with any third party. We will not be responsible for any losses that may arise as a result of misuse of your username or password or from any unauthorised access to your account.

5.2. Should you believe that a third party may be accessing your account you must immediately report the same to our customer support team info@khatu365.com.

5.3. You are solely responsible for the security of any device(s) that you may use to access, and for all activity taking place on, your account.

6. Account Funds, Deposits and Withdrawals

6.1. In order to make use of the Services your account must be funded with “real money” (or its equivalent) via:

(a) a deposit account;

(b) a credit or debit card, verified as belonging to you;

(c) a reloadable prepaid card, which is verified as non-transferrable and belonging to you;

(d) a bank transfer from an account verified as belonging to you;

(e) promotional credits, bonuses and/or account balance adjustments made by us;

(f) winnings from previous game sessions; and/or

(g) such other means and/or deposit methods as may be made available to you via the Website from time to time.

6.2. The deposit methods set out in clause 6.1 are illustrative and not all deposit methods may be available to you all the time. We do not guarantee the availability of any particular deposit and/or payment method, and we are free to add, remove, amend and/or make changes to the deposit options available to you at any time and at our sole discretion.

6.3. Deposits may be subject to minimum and/or maximum limits, which may be determined by the method of deposit, your account and gameplay history, limits imposed by you on yourself, or as otherwise determined by us at our sole discretion.

6.4. Deposited funds will be credited to your account upon actual receipt of the same by us and/or our agents, as the case may be.

6.5. We will hold funds deposited to your account separate from our own operational funds. In the event of insolvency, we provide no guarantee that deposited funds would be considered separate to our other assets and that all, or any, of your funds will be returned to you.

6.6. We are not a bank, and funds deposited to your account are not insured by any government agency, or otherwise protected by a deposit security scheme, nor will they bear interest.

6.7. Any amounts owed by you to us pursuant to these Terms may be deducted, whether in full or in part, from funds held in your account without notice to you.

6.8. You are not permitted to use any payment method belonging, or registered to, a third party for the purpose of depositing funds to your account. Any deposits made in breach of this provision will be deemed invalid, and any subsequent winnings arising from such deposits will be considered null and void and subject to forfeit.

6.9. You agree to only deposit funds which you intend to use to interact with and/or make use of the Services. If we believe, in our sole and absolute discretion, that you have deposited funds with no intention of using said funds for the purpose of interacting with and/or making use of the Services, we may suspend or close your account and may be required to report the matter to the relevant authorities.

6.10. In the event that any deposit fails, is cancelled by you or a third party, and/or the funds are not received by us, for whatever reason (“Failed Deposit”), we may void any and all balances, bonuses and winnings credited, accrued or awarded to your account which relate to a Failed Deposit.

6.11. We may be required by anti-money laundering regulations, and as part of our internal policies, to make checks on the source of any funds placed on deposit by our customers. In the event that our checks do not provide us with sufficient information about you, we may request further information from you from time to time and you agree to promptly provide such information when requested to do so. We reserve the right to suspend or terminate your account should we be unable to satisfy ourselves that your source of funds is legitimate.

6.12. You agree to indemnify us and reimburse us, in full, in respect of any losses we might suffer as a result of any chargeback, deposit reversal and/or deposit cancellation (“Deposit Cancellation”) initiated by you, or a third party acting on your behalf and/or pursuant to your instructions. To the fullest extent permitted by law you undertake never to take any action, or omit to take any action, which might occasion a Deposit Cancellation to occur.

6.13. Wherever possible, we do not charge you for deposits and withdrawals to your account. Fees may be applied, from time to time, in relation to the use of certain payment methods and/or if we incur a foreign currency charge in relation to your deposit/withdrawal. We will use all reasonable endeavours to notify you of any such fees at the time of transacting with us.

6.14. Your bank, credit/debit card provider and/or payment services provider may charge you fees in relation to your deposits and withdrawals and, in depositing or withdrawing funds to/from your account, you represent and warrant that you have made sufficient enquiry of your bank, credit/debit card provider and/or payment services provider and that you are fully informed and aware of any such fees and that you are willing to accept the same. Under no circumstances will we be liable to you for any transactional fees charged to, or imposed upon, you by a third party.

6.15. In the event that you have deposited funds to your account and not committed the entirety of those funds to interacting with the Services prior to requesting a withdrawal, we reserve the right to make a charge to your account to cover our reasonable costs of processing the deposit and withdrawal and such charge may be deducted from any withdrawal requested prior to transferring the balance to you.

6.16 Fraudulent or Abusive Behaviour includes, but is not limited to, any involvement in illegal, fraudulent, abusive, or illicit activity, as well as harassment, threats, and inappropriate behaviour.

If a Player’s behaviour is deemed fraudulent or abusive, a reasonable and justifiable refund fee may be applied. This fee shall also include any applicable third-party fees. Upon investigation, if it is determined that a player has engaged in abusive or fraudulent behaviour, the player will be notified in writing of the applicable refund fee and its rationale. The refund fee will be deducted from the player’s account, while receiving any remaining balance.

6.17 Unless the management has appointed you as a genuine VIP, or at the discretion of management, the greatest cumulated net result in a 24 hour period is USD 100,000 (or currency equivalent). This will not apply to progressive jackpots. Anything over this value will be voided and your stakes returned.

6.18. Due to the nature of the Services, and our ongoing anti money-laundering obligations, you are not entitled to a refund on any sums deposited to your account. You may, however, request a withdrawal of funds from your account if:

(a) all payments made into your account have been confirmed as cleared and are not Failed Deposits;

(b) any identity or other verification checks that we are required to conduct pursuant to any applicable anti-money laundering regulations and/or other applicable legislation have been completed to our satisfaction;

(c) you accept that all transactions may be checked to prevent money laundering and that any transactions made by you which we deem suspicious, may be reported to the appropriate authorities. We reserve the right to decline a withdrawal request and/or reverse the withdrawal of unspent or otherwise unused deposits until such time as the source of funds has been satisfactorily established; and

(d) there is no ongoing investigation into:

(i) a game defect involving a game which you have played and which requires a temporary freeze on withdrawal of funds; or

(ii) a material breach by you of these Terms including, but not limited to, your acting fraudulently, unlawfully or engaging in improper activity (including cheating, collusion or criminal enterprise).

6.19. We may delay or cancel withdrawals in order to carry out additional checks which we may consider necessary, at our sole discretion, from time to time. We may refuse withdrawal requests and/or withhold funds in the event that we discover any irregularities in the course of our investigations.

6.20. There may be circumstances in which monies are paid to you in error. We will use all reasonable endeavours to detect any such errors and inform you of them as soon possible. In the event that you have been erroneously credited with any monies, you agree to hold those monies on trust for us and you will immediately repay the same to us upon request.

6.21. It is your sole responsibility to declare any funds withdrawn, including winnings, to the relevant tax or other authorities.

6.22. Whilst every effort is made to avoid mistakes when processing withdrawal requests, we will not be responsible or liable to you for your errors or omissions when requesting to withdraw your funds. In the event that any deposit or withdrawal request is processed incorrectly, it is your responsibility to inform us and we will use all reasonable efforts to resolve the issue.

6.23. By default, we will process and authorise withdrawals via the same payment method(s) used for depositing funds to your account on a “first in, first out” basis; should thisnot be possible, for whatever reason, or should you wish to initiate a withdrawal to a method other than that which was used for depositing funds, we may request additional documentation from you to prove that you are the legal account holder for the requested withdrawal method. Further, and in accordance with our regulatory obligations, we may delay and/or suspend withdrawals from your account until such time as any such requests have been properly fulfilled to our sole satisfaction.

6.24. It is always your responsibility to:

(a) ensure that all information pertaining to any payment methods associated with your account is current and up-to-date; and you further acknowledge and agree that failure to do so may result in deposit and/or withdrawal requests being declined;

(b) notify us if you believe that any of the payment methods associated with your account have been compromised, or if you have been a victim of any identify fraud which may impact upon such payment methods; upon notification, we will suspend your account to prevent any further interaction with the Services until such time as you request otherwise.

6.25. Payments to and from your account are handled and processed by third party financial institutions, commercial payments agents and/or payments services providers (collectively, “Payments Facilitators”). You irrevocably authorise us, on your behalf, to instruct and otherwise deal with Payments Facilitators, as necessary, in the processing of deposits to, and withdrawals from, your account in accordance with instructions provided by you via our Website.

6.26. To the extent that Payments Facilitators are used to process payments made by, and to, you, or to otherwise register or accept your use of a particular payment method in relation to your use of the Services, we will not be responsible for the acts or omissions of any Payments Facilitator prior to our receipt of funds in the case of a deposit and after initiating a transfer of funds in the case of a withdrawal. You acknowledge and agree that, where directed by us to do so, certain disputes or complaints you may have regarding a particular payment method, or the processing of your payments, will be directed by you to the relevant Payments Facilitator.

7. Placing your bets and fairness of games

7.1. You may only bet up to the lesser of (i) the amount held in your account, (ii) any limits set in the Game Rules. We will determine in our absolute discretion what the minimum and maximum bet selection is for each bet and this will be made clear on our Website before you place your bet.

7.2. We will not be responsible, or liable to you, under any circumstances if you play a game and have not fully understood the Game Rules and/or how the game is operated.

7.3. You confirm that you are fully aware that there is a risk of losing money when interacting with the Services. By using our Services, you acknowledge and agree that you are wholly responsible for any losses you may suffer. You agree that your use of the Services is at your sole option, discretion and risk and further, that you will have no claim(s) whatsoever against us, or any of the group of companies of which we are a part, or any of their respective directors, officers, shareholders or employees.

7.4. All games featured on our Website are provided by reputable third party game developers and are tested and certified by independent testing laboratories to ensure fairness and accuracy of, among other things, the games’ random number generators (“RNG”) and the return to player percentages (“RTP”).

7.5. You acknowledge and agree that we have no control over the technical operation and/or functionality of any games featured on the Website, and that we will not be held responsible, and will not be liable to you, in respect of any bug, error or defect in any game which may cause any drift away from the stated RNG and RTP norms for said game.

7.6. Individual games may be subject to maximum payouts, as detailed in the relevant Game Rules. You acknowledge and agree that it is your responsibility to ensure that you understand the Game Rules for any game that you wish to play and that you are comfortable that a bet you place, if successful, may exceed the maximum payout, per said Game Rules.

8. Payment of winnings

8.1. All cleared winnings will be credited to your account and will be available for withdrawal, subject to these Terms, our security reviews, and to any withdrawal limits which we may impose from time to time, and which we will communicate to you prior to the submission of your withdrawal request. As at the time of writing, our default withdrawal limits are:

(a) a maximum of €5,000 per day (or equivalent in any currency);

(b) a maximum of €20,000 per week (or equivalent in any currency); and

(c) a maximum of €50,000 per month (or equivalent in any currency).

8.2. We may report and/or withhold any amount from your winnings if required to do so by any relevant law or competent authority.

8.3. By accepting these Terms you acknowledge and agree that any amounts won by you pursuant to your use of the Services may be subject to taxation, and you permit your acceptance of these Terms to serve as your electronic signature for the purposes of acceptance, declaration and signature on any tax documentation that we may be asked, or required, to submit on your behalf, or on your account, by any competent authority.

9. Bonuses

9.1. We may, from time to time, offer you complimentary or bonus amounts to be credited to your account (“Bonus(es)”). Bonuses may only be used in relation to those Services specified when the Bonus is offered to you, and subject to any additional terms, conditions and/or restrictions. Your acceptance of any Bonus will also constitute the acceptance of any additional terms and conditions which may be attached to the Bonus including, but not limited to, any Bonus release restrictions which may be contained in the Bonus offer. Bonus offers are capable of being accepted once only, unless otherwise specified. You will not be entitled to withdraw any Bonus amounts and you may not withdraw any winnings obtained via a Bonus without first complying with any applicable terms including, without limitation, qualifying criteria and/or “play-through” requirements and restrictions.

9.2. In the event that you have received a Bonus in your account, you must use all or part of it within 7 days of receiving it, otherwise it will be withdrawn from your account and you will no longer be able to use it.

10. Use of our Website

10.1. You acknowledge and accept that using our Website outside of a paid or free WiFi network may result in additional data charges from your mobile network provider. We will not be responsible for any data charges incurred as a result of your using the Website.

10.2. In the event that you are disconnected from our Services, for any reason, while playing a game (“Disconnection”), we will attempt to resume the game from the same point when you log back in and launch the relevant game (“Reconnection”), but offer no guarantee that we will always be able to do so. Should a Reconnection not be possible, we will refund any unsettled stake(s)/bet(s) by crediting the same to your account. Should a Reconnection be possible in respect of a game that:

(a) suffered a Disconnection during a play cycle that was offering the chance to enhance/uplift amounts already won, your winnings for the time being will be credited to your account and you will not have the option to further partake in any chance to enhance/uplift said winnings upon Reconnection; and

(b) would not have required any further decisions or action to be taken by you following Disconnection, then the game will be settled, as normal.

11. Unacceptable use of our Services

11.1. By using our Services, you represent and warrant that:

(a) you are legally entitled to access and make use of the Services;

(b) you are not physically located in a Restricted Territory while wagering via the Services;

(c) all details provided by you to us to enable us to create your account and grant you access to the Services are true, current, accurate and complete;

(d) the sources of any and all funds deposited into your Khatu365 account are legitimate and that said funds have not been illegally or unlawfully obtained;

(e) you will not use, or attempt to use, the Services, in any way, as a means to transfer money;

(f) you will not use the Services for any unlawful or fraudulent activity or prohibited transaction (including money laundering) under the laws of any relevant jurisdiction; and

(g) you consent to the monitoring and recording by us of your physical location and activity while using the Services, and the onward reporting of the same to the relevant regulatory authorities, as necessary.

11.2. Should we reasonably suspect that you are engaging in, or have engaged in, fraudulent, unlawful or improper activity (including but not limited to money laundering), or conduct otherwise in material violation of these Terms, we may prevent you from accessing the Website and/or Services, and/or suspend, restrict and/or terminate your account, immediately and indefinitely (“Access Restriction”). In the event of an Access Restriction you acknowledge and agree:

(a) that you are required to, and you will, use best efforts to assist and cooperate in our enquiries and investigations of those matters which occasioned the Access Restriction being imposed;

(b) that we will not be obliged to return any balance of funds remaining in your account to you, and that any such balance will be considered forfeit; and

(c) we may inform any relevant authorities, other online service providers and banks, credit card companies, electronic payment providers or other financial institutions of your identity and of any suspected unlawful, fraudulent or improper activity on your part.

11.3. In the interests of fair play for all, you are not permitted to utilise or deploy any novel or recognised betting techniques while using our Website which are designed to circumvent the standard house edge in our games; should we detect that you have engaged in activity of this nature, we may immediately suspend, terminate or restrict access to your account and/or retain the balance of any funds therein.

12. Third party software

12.1. In order to interact with certain aspects of the Services, from time to time you may be required to download, or otherwise make use of certain software provided by third parties, and you may be required to enter into separate end user licence agreement(s) in respect of the same, the terms of which you agree to be bound by. You also agree not to interfere with, modify, decompile, copy, or reverse-engineer any software provided to you as part of the Services except if expressly permitted, or as permitted by law.

13. IT failures

13.1. We will use all reasonable endeavours to resolve any problems in the software or hardware used by us to provide the Services.

13.2. We will not be liable to you for any losses you might suffer, whether directly or indirectly, as a result of any failures or outages in the provision of the Services due to technical, hardware or software malfunction of any kind, and/or poor network conditions which prevent you from interacting with the Services in any way including, but not limited to, your ability to play any of our games, your ability to partake in any promotional activity, your ability to take advantage of credited Bonuses and/or your ability to deposit and/or withdraw funds.

14. Responsible Gambling

14.1. You are under no obligation to continue to use our Services and you may choose to cease doing so, whether temporarily or permanently, at any time. Further, at your sole discretion, you may instruct us at any time, and we shall immediately instate per your instructions, a period of “self-exclusion” from our Services (“Self-Exclusion”). You acknowledge and agree that, during any period of Self-Exclusion, you will not be permitted, and we will not permit you, to:

(a) access your account and/or the Services in any way, by any means and/or for any purpose; or

(b) initiate any deposit or withdrawal requests and/or otherwise have access to any balance of funds on your account,

until such time as any period of Self-Exclusion has been concluded, at which point we shall restore your access to your account. For more information regarding Self-Exclusion please see the Responsible Gambling section on our Website.

14.2. In the event that, pursuant to clause 14.1, you request a permanent Self-Exclusion from the Website, we will permanently close your account and you will no longer be able to access the same, and any funds remaining in your account will be forfeit.

14.3. Due to technical necessity, all of White Star’s brands and websites (“White Star Brands”) are operated independently of each other; should you wish to effect a Self-Exclusion across all White Star Brands you must do so by submitting a Self-Exclusion request via each White Star Brand website/customer support email address, or by specifically instructing us to do so on your behalf via email sent to a White Star customer support email address, which provides us with sufficient information to be able to identify your accounts across all White Star Brands, following which your Self-Exclusion request will be actioned in a timely fashion for all existing White Star Brands with which you have previously created an account.

15. Our rights to make changes

15.1. From time to time, we may make changes to these Terms for commercial, customer service, legal or regulatory reasons, and all such changes will be published on our Website. The most recent Terms will always be available via our Website. Any changes to our Terms will be binding when first published on our Website and, by continuing to use our Services, you will be accepting any such changes. You acknowledge and agree that you will check our Terms regularly for any changes and updates. Should you not wish to accept the Terms, you will be able to close your account by following the steps set out in clause 16 below and you should immediately cease using our Website and the Services.

15.2. We may, at any time and at our sole discretion, alter or amend or withdraw the Services, or any part thereof (including any promotions), and may alter prices, features, specifications, capabilities, functions and/or other characteristics of the Website, games and/or Services.

15.3. We may, at any time and at our sole discretion, remove you from marketing distribution lists so that you do not receive any future offers or promotions from us and are no longer eligible to qualify for any promotions on or via our Website. If you have already met the qualifying criteria for any promotion in respect of which you have already been notified, then you may be entitled to participate in that promotion (subject to any expiry or other terms contained in the promotional terms or in these Terms), but you will not be permitted to participate in any future promotions.

16. How to close or suspend your account

16.1 Should you wish to permanently close your Khatu365 account please contact our customer services team info@khatu365.com.

16.2. In the event that you do not access and/or use your account for the purposes of interacting with the Services, depositing, withdrawing or transferring funds, or if your account is otherwise deemed to be devoid of any meaningful activity, for a period of at least 9 consecutive months it will be considered to be an inactive account (“Inactive Account”). All Inactive Accounts will incur a fee of €10 or equivalent for each month they remain inactive (or such lesser fee as would take the balance to zero), which will be deducted from the balance of any account funds. Once the balance of an Inactive Account reaches zero, the Inactive Account will be closed, and you will need to contact our customer support team to re-open your closed Inactive Account should you wish to use the Services again. We will attempt to notify you if your account is due to become, or becomes, an Inactive Account, and we will provide you with a notice before deducting any Inactive Account fees

17. Our rights to suspend, end or cancel the Services

17.1. We may, at our absolute discretion and at any time, restrict your access to the Services and/or temporarily suspend, or permanently terminate, your account without cause and for any reason, including but not limited to if:

(a) we suspect that you are engaging in illegal or fraudulent activity;

(b) we are required to do so by any applicable law, rule or regulations;

(c) there is a material technological failure which prevents us from offering the Services;

(d) you do not, within a reasonable time of our requesting it, provide us with information that may be required for us to provide the Services to you;

(e) we suspect that you are acting in a manner which may create a legal liability for you, us or third parties, or which may be detrimental to the conduct of our business generally;

(f) we deem that you are taking unfair advantage of us or of any other player, or that you are otherwise acting unfairly;

(g) we suspect that you may be having financial difficulties;

(h) you are prohibited from interacting with the services due to any term of a contract of employment, or restriction of any professional body which applies to you; or

(i) we suspect that you have (or may have) otherwise materially breached these Terms.

18. Underage gambling

18.1. Should we have reason to believe that you are younger than any applicable Age of Majority, or were younger than any applicable Age of Majority when you interacted with the Services in a manner which would have required you to be at least the Age of Majority (‘Underage’):

(a) we will immediately restrict your ability to interact with the Services and request any withdrawals from, or make deposits to, your account; and

(b) we will return any funds deposited into your account while Underage, less any winnings paid on said funds; and we reserve the right to seek recovery of any winnings paid to you while Underage to the extent that they exceed the aggregate total of funds deposited while Underage.

19. Dispute resolution

19.1. In the event that you have a complaint regarding our Services, please contact our customer support team info@khatu365.com as soon as is reasonably practicable and provide them with full details of your complaint, which will be escalated, as necessary. We are committed to working with you to resolve any dispute/complaint relating to our Services within 90 days of receiving notice from you of said complaint. Any communication from us, to you, will be sent to the email address that your account is registered with.

19.2. In the event that your complaint has been escalated but has not been resolved to your satisfaction, you may ask for the dispute to be referred to our compliance department.

19.3. To the extent that you believe we are in material breach of our licensing conditions, you may contact our Master Licence Holder, Antillephone N.V., via any email address designated for the purpose of doing so, from time to time, and set out in, or linked to from, the footer of our Website.

19.4. In the event of a dispute, you acknowledge and agree that the records of the servers upon which the Services are run will be considered to be the final authority in determining the outcome of any claim/complaint.

20. Our responsibility for loss or damage suffered by you

20.1 We supply the Services to you on an “as is” and “as available” basis for your personal use only, and we explicitly disclaim all representations and warranties, of any kind, relating to the Website and the Services, whether express of implied, including but not limited to any implied warranties of merchantability, title, fitness for a particular purpose, non-infringement, or that the Services will be without error or invulnerable to hacking and/or free from harmful or malicious code. Further, you acknowledge that the Website and the Services may be periodically unavailable to you due to any number of reasons and, accordingly, we explicitly disclaim any express or implied warranty regarding the use or availability of the Website and/or Services, or their performance or security. WE WILL NOT BE LIABLE TO YOU, UNDER ANY CIRCUMSTANCES, FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY.

21. Indemnity

21.1. You agree to indemnify and hold us and our associated companies, affiliates, officers, directors, shareholders, agents and employees harmless from any liabilities, claims, losses or demands made by any third party arising out of your breach of these Terms (including documents incorporated by reference) or your violation of any applicable law or the rights of any third party.

21.2. You acknowledge that Khatu365 and its affiliates will hold information with respect to your identity, including but not limited to your name, address and payment method details, and that we rely on this information in providing the Services to you pursuant to these Terms, and you agree to hold us harmless against any falsehood or inaccuracy contained in the information you provide to us.

22. Intellectual property rights

22.1. We are the owner, or authorised user or licensee as the case may be, of all intellectual property rights related to, or exploited in the course of providing, the Services to you, and all Website content including, without limitation, any copyright, patent, designs (registered or unregistered), trade marks, service marks, source codes, specifications, templates, graphics, logos or any right subsisting anywhere in the world in respect of websites, content, databases, formats, interfaces, programming, the offering of services to other customers, software or any application for any of the foregoing and any modification, improvements, developments and enhancements thereof (“Intellectual Property”). Except where we have specifically stated to the contrary, we do not grant any express or implied right to you in respect of any of our aforementioned intellectual property rights.

22.2. Any content which is presented, or otherwise made available, to you via the Website is for your own personal use only and any additional usage, distribution or reproduction of said content without our express prior written consent is strictly prohibited

22.3. Insofar as is strictly necessary to enable you to make proper use of the Website and the Services only, we grant you a revocable, non-exclusive, non-sublicensable, non-commercial, personal licence to use the Intellectual Property. We reserve the right to take any action we consider necessary, which may include issuing legal proceedings against you, in order to protect our Intellectual Property and prevent unauthorised use of our data, Website or Services.

23. How we may use your personal information

23.1. Any personal information that you provide to us in the course of registering to use, or interacting with, the Services will be held and processed in strict accordance with our Privacy and Cookie Policy.

24. Other important terms

24.1. We may transfer or assign our rights and obligations pursuant to these Terms to a third party. We will always inform you in writing in the event of such a transfer/assignment, and we will use all reasonable efforts to ensure that such transfer/assignment will not materially affect your rights pursuant to these Terms.

24.2. Your rights and/or obligations pursuant to these Terms are personal and may not be transferred or assigned to a third party without our express prior written consent, or in accordance with the orders of a court, or similar authoritative body, of competent jurisdiction.

24.3. The legally-binding contract formed by these Terms is personal in nature, and no third party will have any right to enforce the same.

24.4. Should a court of competent jurisdiction find any provision of these Terms to be incompatible with applicable law, it will not affect the applicability or efficacy of the remainder of them, which will remain in full force and effect.

24.5. Any delay on our part in enforcing any of our rights pursuant to these Terms will not constitute a waiver of said rights and we may, at our absolute discretion, elect to enforce such rights at a later date.

24.6. Without affecting our obligations pursuant to the laws and regulations of the jurisdictions in which we are licensed, we will not be liable for any losses or damage which may result from any: act of God; trade or labour dispute; power failure; act, omission or failure of any governmental or authority; failure of any telecommunication network; or any other delay or failure caused by a third party or which is outside of our control. If such an event occurs, we reserve our right to suspend or cancel our Services without any liability to you.

24.7. These Terms constitute the entire agreement between us. You acknowledge that you have not relied on any representation, undertaking or promise given by us or implied from anything said or written unless expressly stated in these Terms.

24.8. Notice to us must be sent to our registered office address. Any notices we send to you will be sent to the postal address or email address that you have supplied us with, unless and until we receive notice of any different address or email address.

24.9. These Terms are governed by and interpreted in accordance with the laws of Curaçao, and you irrevocably agree that the courts of Curaçao will have exclusive jurisdiction to hear and settle all claims arising from, or relating to, the same.

24.10. These Terms may be provided to you in another language for convenience only, in which case the English language version of these Terms will always prevail and take precedence in the event of any conflict.

These terms were last updated on Feb 9th, 2024

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