The terms and conditions of use contain legal information related to the visit and use of the mobile application Days of Poker, hereafter referred to as ‘the App’’. We invite you to read our terms and conditions of use closely before visiting our App or using it in any way. By accessing the App you expressly acknowledge having read these terms and conditions and agree to respect them without any restriction.
Days of Poker is an online gaming operator, which provides through the App access to legal online gambling. In order to provide the best visibility, clarity and gaming experience, and in accordance with the legal requirements and directives of the Belgian Gaming Commission, the provision of online gambling is offered through the Automatic Games of Chance, under the Class b+ licence.
By accessing and using such online gaming services requires opening a personal Player Account and the explicit and irrevocable acceptance of these terms and conditions.The gaming regulations are an integral part of these terms and conditions of use.If you do not agree with the content of these terms and conditions of use, we ask you not to visit or use the App.
The games of chance offered on the App are in accordance with the Belgian legislation. It is important that you are aware of the laws in force in your country of residence before you register. Certain games of chance can be prohibited by law in your country or subject to certain conditions. Should one of the games of chance offered by Days of Poker not be in accordance with the laws of your country, Days of Poker can in no way be held responsible.
The terms and conditions of use are available here.
Of course our customer service remains at your disposal should you have any questions regarding our terms and conditions of use. Don’t hesitate to contact us via email@example.com.
Optoria Entertainment BVBA owns and is responsible for the App, Days of Poker, which is a mobile application providing online gaming services.
Optoria Entertainment BVBA is a private company with limited liability under Belgian law, with its registered office at Boomsesteenweg 440, 2610 Wilrijk (Belgium) and company number BE0705859102.
Optoria Entertainment BVBA has the right to use a licence B+ under Belgian law to operate a class II virtual online gaming room by means of software. The holder of this licence is Prés Carats Sport SA, Rue Saint-Exupéry 17/13, 4460 Grâce-Hollogne (Belgium) with company number BE0445597610.
- Player account: The Player account is a personal account created by a private individual (theʺPlayerʺ) allowing him/her to access the Software under the conditions defined in the present contract and enabling games of chance to be played online and transactions relating to the games to be made; the account may be temporary or permanent.
- User/Player: refers to any person of at least 21 years of age who has registered on the App and holds a Player account, or any person accessing the App and Software without registering.
- Software: refers to all the programs, files, data or any other content of Days of Poker, or associated with the App, that allows the Player to participate in online gaming and gambling.
- Player name and password: the name of the player and the password the Player has chosen during registration.
- We/Us: Days of Poker
- App: refers to the mobile application of Days of Poker
- You: the Player
Days of Poker reserves the right to modify and update the present Terms and Conditions of Use, access to and content of its App, as well as gaming regulations at any time without prior notice. If theTerms and Conditions of User are modified, players will be informed the next time they connect to the App by means of an appropriate message.
Any connection to the App by the Player after being notified of changes in the functionalities of the App or amendments to the Terms and Conditions of Use will be deemed to be an acceptance to the changes made.
4. Protection of personal data and cookies
5. Creating a Player account
Participation in the games available on the App requires you to create a personal Player Account on our App using the registration form provided. It is not possible to play on our App without a personal Player account.
Only physical persons with legal capacity and aged 21 or over are authorised to create a player account on Days of Poker. Moreover, the player should not be prohibited from playing by the Gaming Commission and/or by the legislation in force in his country of residence.
Days of Poker reserves the right to demand proof of the playerʹs age and to check the information supplied at any time. A Player Account may be suspended until satisfactory proof of the playerʹs age is supplied to Days of Poker.
Each physical person is entitled to have a maximum of 1 player account. The player account cannot be transferred to or used by a third party.
1°-BASIC PLAYER ACCOUNT
To create a new basic player account, simply choose your language, click on the – REGISTER – button and follow the instructions on the screen. Once you completed the 4 steps below you are the holder of a basic player account:
- step 1 – Enter your username of choice (provided it is not already in use by another Player) and your email address;
- step 2 – Enter your country;
- step 3 – Choose your password and confirm it;
After this registration process the Player will be sent an email containing a hyperlink on which to click to confirm his/her email address and to activate his/her account. Only the username will be visible to other Players, your password will remain strictly confidential.
If you live in a country other than Belgium, you are responsible for checking that the legislation in your country allows you to register and play on our App. Your personal profile stays accessible and editable at all times and contains 8 chapters.
2° – REAL MONEY ACCOUNT
If the legislation of your country allows you to play for real money and in case we accept real money players, it is possible to upgrade your account to a real money player account.
To do so 5.2 ‘Identity’ needs to be further completed before your account can be unlocked for real-money play. Also 5.4 ‘Location’ needs to be fully filled out by the player. Keep in mind that 5. 7 ‘Verification’ needs to be fully filled out and verified by a Days of Poker administrator before any real money can be withdrawn by the Player. The Player is at any time obliged to upload verification documents if a Days of Poker administrator asks to do so, even when the Player has no intention to withdraw money.
If the players is not sure that he or she is allowed to play for real money, we recommend not to play for real money until the Player has more information about this.
The Players username is not editable, it’s a unique key in the App, for modifications Players need to address firstname.lastname@example.org. Days of Poker reserves the right to prohibit the use of usernames that it considers inappropriate.
- First name
- Place of residence
- Date of birth
- Country of Residence
- National Registration Number and/or Passport
- Telephone Number or Mobile Number
- Postal Address
- Email Address
- Any other information requested during the online registration process.
All fields are mandatory and verified by Days of Poker in order to open a real money Player Account.
E-mail can be changed and phone number can be added.
In this section you need to fill out your national registration number if you live in Belgium or your passport number if you live elsewhere. In the location section you also can share your address (street, number, postal code, city and country). It is not possible to edit national registration number, passport number or country. You need to contact a Days of Poker administrator if you would like to do so.
Players password can be changed here.
5.6. avatar & cover
Here the Players avatar and cover pictures can be uploaded and/or changed.
Proof of both Identity and Location can be uploaded right here. Days of Poker will acknowledge receipt of the documents Players have transmitted and will perform all the verifications required to ensure that the data provided during registration matches the transmitted documents. If it should appear that the aforementioned registration conditions are not met or cease to be met, or that the information provided is not or is no longer accurate/true/complete/up‐to‐date, Days of Poker reserves the right to close the Player real-money account.
Any possible change in our Private Policy and/or Terms & Conditions will be clearly highlighted in order for Players to immediately take notice of any and all changes and giving the Players the prompt opportunity to comply or decline which will affect the continuation of their use of the App.
The Player can amend his/her personal information and login details at any time, with the exception of his/her name, place, date of birth, ID and national registration number, by changing one of the profile sections in the Days of Poker app described in 5.1 to 5.8. For sections that cannot be changed it is necessary to send an email to email@example.com.
6. Account and password
You are personally responsible at all times for all activity on your player account. You must keep your account information secret, especially your password, and all operations carried out under your account. You undertake to notify Days of Poker immediately, using the following email address: firstname.lastname@example.org, in the event of unauthorised use of your account or your password, or any security breach.
You may be held liable for any harm suffered by Days of Poker or any other use of the App due to the use of your password or account by another person.
If you forget your password, click on the -RESET PASSWORD?- link in the starting screen of the App and enter the email address associated with your Player account. Days of Poker will then send you an email with a link allowing you to generate a new password.
Days of Poker reserves the right to demand that you change your password if it believes that it no longer ensures adequate security.
Days of Poker accepts no liability for loss or harm suffered by the player as a result of unauthorised use of his/her connection details by third parties, even without the playerʹs knowledge.
7. Obligations relating to use of the App
By using this App, the Player undertakes:* to use the App or its Software only for the purposes authorised by (a) the Terms and Conditions of Use including the gaming regulations and by (b) any law, regulation, practice or directive generally accepted in the Playerʹs territory of residence:
- not to disrupt or interfere with the security or to participate in any other form of abuse of the App, the services, the system resources, accounts, servers or networks connected to or accessible via the App or the related or linked websites;
- not to create or use a false identity on the App;
- not to disseminate false information or illegal notices;
- not to attempt to obtain unauthorised access to the App or the related or linked websites;
- not to use the App for purposes that are illegal or liable to harm the reputation of Days of Poker (or third parties);
- not to modify or attempt to modify, by means of any processes or tools whatsoever, the software, the gaming or gambling mechanisms offered, specifically with the aim of changing the results;
- not to use or attempt to use stochastic calculation (martingales) or any software with artificial intelligence in relation to the use of the games of chance;
- not to harm the intellectual property rights of Days of Poker or third parties;
- not to reproduce all or part of the content of the App on any medium whatsoever without the authorisation of Days of Poker;
- not to use personal information which you might access via our App to distribute unsolicited messages to the email inboxes of other web users (ʺspammingʺ), for any commercial or non‐commercial purpose or in any other unauthorised way;
- not to upload, send, transmit by email or in any other way any content that might be illegal, harmful, threatening, abusive, constituting harassment, defamatory, vulgar, obscene, pornographic, threatening to other peopleʹs privacy, hateful, racist or objectionable in any other way;
- to comply with any tax liabilities;
- not to authorise a third party to use your account or to use payment methods or the user account of a third person or another Player, even with the latterʹs consent;
- to respond to any requests by Days of Poker relating to your account and to communicate to Days of Poker any document or evidence it deems useful relating to your age, your bank details, the deposits you have made etc.
Furthermore, you agree that you are solely responsible for the actions and communications performed or transmitted via the App and in particular from your account.
8. Player guarantees
The Player declares and guarantees that:
- (s)he has read and understood these Terms and Conditions of Use, accepts the rules pertaining to the games on the App;
- (s)he understands that (s)he may win or lose money while participating in the games on the App and undertakes to assume sole responsibility for the consequences of any financial losses, waiving any recourse in this regard against Days of Poker;
- (s)he is of legal age to create an account and is not legally prohibited from doing so;
- (s)he is not prohibited from gambling by the Belgian Gaming Commission or any other body and that (s)he has not been banned from playing on the App by Days of Poker;
- the information and personal data (s)he supplies are accurate, truthful and complete;
- the funds (s)he will use to play on the App do not originate from an illegal source;
- (s)he will not engage in criminal activities directly or indirectly involving a Player Account and undertakes not to use the Software for the purpose of transferring funds or carrying out an illicit or fraudulent activity or any prohibited transaction (including money laundering), in compliance with the laws of all the jurisdictions to which (s)he is subject;
- (s)he is not acting on behalf of a third party.
The Player undertakes to indemnify, defend and exonerate Days of Poker, its directors, employees, representatives and suppliers, as well as any possible third‐party partners, against any possible losses, expenses, harm and costs, including legal fees arising from any infringements by you of these Terms and Conditions of Use.
9. How to use the games
Participation in the games is exclusively remote via the App, using the Playerʹs Username and password. The App can be downloaded and accessed via smartphones, and through tablets as well, by searching for and clicking on the Days of Poker application in the Apple App store and/or Google Play store.
In order to connect to the App, the Player acknowledges and accepts that he/she must have hardware equipment and software as well as an Internet connection compatible with the conditions for standard app use. If the Player does not have these minimum configurations, he/she may not be able to play on the App.
In play-money mode the Player is monthly rewarded with a certain amount of play Coins. The amount of Coins can be augmented by the Player in obtaining certain Milestones and Missions. In general, the better you play, the more Coins you can win from direct opponents or via your monthly payday.
In real-money mode the Player always plays at a certain stake (normal and fast games) or for a fixed buy-in (sit&go’s and events). The Player participates in a game by placing a stake of a certain amount equivalent to one of the suggested stakes. The stakes and possible winnings can be found during the game setup.
The Player has a free choice of stakes for each game. Any stake is immediately debited from the Player Account. If the Player Account does not contain sufficient funds for the chosen stake, the Player will not be able to participate in the game of his/her choice. The Player will immediately be informed of the result at the end of a game; any winnings will be credited to his/her Player Account. If a game is interrupted before the end by the Player, the latter will lose the chance of any winnings. If a game is interrupted before the end because of a technical problem, the Player must contact Customer Service immediately. Having analysed how the game progressed and the technical problem, Days of Poker will write a technical report taking into account the applicable game rules. The technical report on how this game progressed will constitute the sole evidence for calculating the loss or winnings. No discussion will be entered into.
If, for any reason, one or more games proves not to be or have been in compliance with the game rules or these conditions, Days of Poker reserves the right to correct the results of these games so as to comply with the normal running of the game. Any incorrect winnings or losses during a game may also be corrected by Days of Poker without prior notice to the player. The technical report on how the erroneous game progressed will constitute the sole evidence for calculating the (corrected) loss or winnings. No discussion will be entered into.
All winnings will be promptly transferred to the Players account after the end of any type of game. A game can end when the game and the players have finished, when the game is cancelled by one or both players, or when the game is cancelled by Days of Poker, e.g. not enough subscriptions in a Sit & Go or Event. Winnings can exist partially out of real winnings (won directly from opponents) and partially out of refund of buy-ins. Coins will be transferred to Players play-money account and real money will be transferred to the Players real-money account. In case of tickets or other prizes, the Player will be contacted by Days of Poker, by e-mail or phone, for further details.
10. Depositing and withdrawing money
The Playerʹs use of the Player account is strictly limited to his participation in the online gaming available on the App and excludes any other use, especially as a bank account. Under no circumstances can any amount of money associated with a Player account accrue interest.
To raise awareness about responsible gaming and with a view to player protection by Days of Poker, Players are informed that they can set their deposit limits for all the gaming they take part in on the App. To do this, Players must go to the settings of their Player account and click on “deposit limits”. They can then indicate the amounts of their deposit limits, and they can do this for every 24 hours, 7 days and/or 1 month.
If Players increase their deposit limit, they are informed and accept unreservedly that they can only play with this increased limit after 24 hours have passed as of said increase. A decrease in the amount of the deposit limits will have immediate effect.
Subject to compliance with all the provisions of these Terms and Conditions of Use, Days of Poker undertakes to execute any withdrawal of winnings at the Playersʹ first request insofar as and providing that the Player account balance is in credit. Days of Poker will only pay out any amount of money providing that the Player does not owe any money to Days of Poker and, having checked that the game has been run properly, that there has been no cheating, fraud or any software or human error that may have led to unjustified winnings or an unfounded loss.
In exchange for providing the services allowing players to play, to access a secure system, to participate in money games and to play with real money, Days of Poker charges management fees on the majority of pots or stakes as well as participation fees. In return, Days of Poker can take a commission or fees of any type on deposits or withdrawals, irrespective of the payment method used. Also, Days of Poker reserves the right to apply administration fees of 15% on transactions (withdrawals and deposits) not solely intended for participation in the games (specifically in the event of consecutive deposits and withdrawals without playing any stakes, or abusive use of the Player account).
Once a Player has subscribed for one of the game types offered by Days of Poker and the game has started, the Player no longer has the right to ask for a refund of his/her buy-in. The Player explicitly renounces his/her cancellation right. The Player irrevocably and permanently waives any right to dispute or refuse any payment of amounts due to Days of Poker. Moreover, the Player authorises Days of Poker to debit from his/her Player account any amounts (s)he may have received as a result of fraud or a malfunction of the App or the gaming services. The Player undertakes to indemnify Days of Poker for any loss it may suffer in relation to payments or defaults by the Player or incorrect or abusive use of his account. Depending on the payment method used, costs may be reclaimed from the Player by his bank or payment provider. Under no circumstances may Days of Poker be held responsible for these costs; the Player is responsible for finding out in advance from his bank or payment service provider about any transaction costs that might be charged.
The Player declares that he is aware that any financial transaction is subject to the usual timescales for bank transactions. It is also the responsibility of the Player to check that all information required to verify the transaction has been provided to Days of Poker. Under no circumstances can Days of Poker be held responsible if a payment is made to a Playerʹs bank account that might have been hacked.
No credit can be transferred until the Playerʹs account has been verified by Days of Poker. Days of Poker reserves the right to request any information or documents deemed necessary to verify deposits and withdrawals of money.
11. Guarantee and Limitation of liability
The Player uses this App entirely at his/her own risk. Unless otherwise specified and to the maximum extent permitted by law, this App and all its content, the Software, the gaming services offered and the information on or relating to the App are provided ʺas isʺ and ʺdepending on availabilityʺ, without any guarantee of any type whatsoever, either explicit or implicit. In particular, Days of Poker makes no guarantees that the App and its software will meet the Playerʹs requirements, will not be subject to interruption, will be appropriate, secure or free of errors and bugs at all times and will not infringe the intellectual property rights of third parties. Days of Poker does not guarantee that any faults will be rectified.
As a result of the above, the Player acknowledges that Days of Poker, its directors, employees, agents or subcontractors cannot be held liable, based on the services offered or information provided, for any harm or loss that the Player may suffer, either directly or indirectly, or for any non‐material harm such as loss of profits, loss of opportunity, winnings, loss of use, loss or alteration of data or any costs incurred by acquiring substitute goods or services, resulting from the use or operation of the App and/or Services offered or the data accessible via the App, even if Days of Poker has been informed of the possibility of such damages. Days of Poker also cannot be held liable if, for any reason beyond its control, one or more games or services end up being modified, postponed or cancelled or temporarily made unavailable due to maintenance or updates.
Likewise, Days of Poker reserves the right to interrupt or suspend one or more games or services offered on the App without notice at any time and without reason or grounds. In this event, Days of Poker cannot be held liable in any way and Players cannot claim any compensation of any type whatsoever.
In the event of system errors that occur during auditing or at the level of software features or components, neither Days of Poker nor our software supplier can be held liable to the Player or any third party for any costs, expenses, losses or complaints arising from such errors. In the event of such errors, we reserve the right to remove all the games affected by the software and the App, to cancel all games affected by such an error, including cancellation of all the playersʹwinnings attributable to such an error, and to take any other measures necessary to rectify such an error.
Irrespective of the cause, if Days of Poker should be held liable, for whatever reason or on whatever grounds, including negligence, for any harm or inconvenience of any type whatsoever, either directly or indirectly, foreseeable or unforeseeable, in particular including harm resulting from a gambling addiction (medical care, job loss, hospitalisation costs etc.), the maximum amount of indemnity for which Days of Poker can be held liable will be limited to the lowest of the amounts below, with all causes and damages taken together:
- the amount of the commissions collected by Days of Poker in relation to the player account in question over the three months immediately preceding the complaint
- or the amount of 500 euros (five hundred euros)
Finally, the Player will hold Days of Poker harmless for any harm or inconvenience of any nature suffered directly or indirectly by the Player or a third party, whether foreseeable or otherwise, as a result of abuse or improper use of the App, the Software or the games by a Player or a third party, in particular harm relating to pecuniary loss, lack of winnings, data loss, damage to property or physical harm.
12. Intellectual property
The Player declares that he/she is aware that Days of Poker is the owner or beneficiary of the intellectual property rights relating to all the trademarks, company names, symbols, commercial names, domain names or URLs, logos, photography, databases, sound, video clips, animations, images, text etc. or any other distinctive signs as well as the software and the games presented on the App.
The Player benefits only from a personal, non‐exclusive, temporary, reversible and non‐ transferable access and usage licence that is strictly limited to non‐commercial use of the software and applications on the App.
Any other use of the gaming services of distinctive symbols of Days of Poker that goes beyond the Playerʹs legitimate authorised access is strictly prohibited.
The Player will refrain from infringing the aforementioned intellectual property rights in any way whatsoever, especially the reproduction, communication, use, even only in part, of distinctive symbols or use of all or part of the content of the Software, games or any element of the App, without the prior written consent of Days of Poker.
These Terms and Conditions of Use are valid indefinitely until the Player cancels his/her registration. The Player can take advantage of the Services as soon as his/her registration has been confirmed by Days of Poker.
14. Account suspension or closure by Days or Poker
Days of Poker reserves the right to suspend, cancel the registration of and close the account of a Player, temporarily or permanently, without notice or compensation, including during a game, specifically under the following circumstances:
- Days of Poker believes that the User has infringed one or more provisions of these Terms and Conditions of Use.
- the Player account remains inactive for an uninterrupted period of 12 months or more.
- the Player has not provided all the documentary evidence required to confirm his/her account within the requested deadline.
- the items or documents provided to Days of Poker are incomplete or inaccurate.
- the conditions for registration are not or are no longer met.
- the Player has not followed the verification link sent by email by the deadline shown calculated from when the email containing the code was sent.
- the Player is subject to a gambling ban.
- in the event of abuse of the account creation procedure.
- in the event of abuse of promotions and/or any other offer by Days of Poker.
- if Days of Poker simply suspects or discovers fraudulent or illegal activity by the Player, or an attempt to make illegal use of the App, Software or gaming services, including the use of a Player account by another Player (even with the latterʹs consent), or the use of stolen credit or debit cards.
- any act of piracy of the App, Software or gaming services, including infringement of the intellectual property rights of Days of Poker.
- any actual or attempted collusion between players.
If a Player account is suspended or closed for the reasons above, Days of Poker shall be entitled to retain the amounts shown in the player account so as to offset any administrative, damages and interest costs owed by the player. The Player will be notified by email of the suspension or closure of his/her account.
Days of Poker reserves the right to:
- notify any competent authorities, including legal authorities, of any activities by the Player that are or are suspected to be illegal;
- block the holdings of the Player with a view to averting the consequences of any abuse or illegal use, either suspected or proven, of the App or the gaming services;
- initiate any legal action that is required or useful with a view to stopping the breach blamed on the Player, obtaining reparations for the harm suffered by Days of Poker or recovering any winnings that might have been paid to the Player afterwards or due to the breach for which he is being blamed.
15. Account closure by the Player
The Player can close his/her account at any time by sending a registered letter to Days of Poker, Boomsesteenweg 440, 2610 Wilrijk, Belgium, or by email email@example.com. The Contract will be terminated once the Player has received written notification from Days of Poker confirming the end of the Contract.
A player can also submit a request for an access ban to the Belgian Gaming Commission. In this case, he/she will no longer have access to casinos (real or online), slot machine rooms (real and online) and to betting shops (only online). The procedure for requesting a voluntary access ban is set out on the following web page.
16. Consequences of termination of the Player account
Cancellation of the Account means that the Player:
- will cease all use of the App, the Software and the games, and
- will delete all copies of these from his/her hardware
Provisional closure of a player account entails the immediate blockage of the amounts in the player account.
Final closure of a player account entails immediate payment of the amounts in the playerʹs account to the playerʹs bank account, providing that the holder has not committed any fraudulent activity leading to the account blockage.
If such a payment is not possible, for reasons attributable to the player, especially if the player has changed his/her bank account details without notifying Days of Poker, management charges for the closed account will be applied at the rate of two percent per month, with a minimum of three euros per month. These charges will only apply to closed accounts for which it has not been possible to transfer the balance for reasons attributable to the player.
It is impossible for a closed account to operate. The amounts paid by Days of Poker in the form of a bonus or promotional offer will be eliminated.
Days of Poker will inform you of the closure by email.
17. Responsible gambling
Days of Poker invites you to gamble in moderation.
The Player is informed that, with some people, an increase in the duration or frequency of gambling may trigger a state of dependency or may lead to a certain mental fragility.
The Player should know that addiction consists of an inappropriate, persistent and repeated gambling habit. The pleasure of gambling turns into a pressing need to gamble, at the cost of serious consequences for the player and the people around him/her.
The Player can read the ʺRESPONSIBLE GAMBLINGʺ section, available on the App and its relating websites. In this section, the Player can see all the mechanisms that have been implemented on the site, the advice of the department for the fight against pathological and excessive gambling to prevent the risk of dependency, the procedure for registering on the list of those banned from gambling and the list of organisations specialising in fighting addiction.
Days of Poker may at any time check the solvency of a Player, with the support of financial establishments and third‐party payment service providers, as well as any information relating to his/her registration and account.
Days of Poker may ask the Player at any time for details of his/her bank account and financial transactions executed in the context of using the App.
In the event of any complaint relating to the games or payment of winnings, the Player can send a separate email to firstname.lastname@example.org.
Complaints must be submitted no later than 14 days after the event giving rise to the complaint. Otherwise the complaint will be deemed inadmissible. However, the Player acknowledges that Days of Poker is not obliged to investigate or follow up a complaint made by one Player against another Player.
A player who wishes to request information or submit a complaint about an online gaming site may contact the Belgian Gaming Commission, stating his/her surname, first name and date of birth, in two ways as follows:
- By email to: email@example.com
- By post to: Belgian Gaming Commission, Information office, Cantersteen 47, 1000 BRUSSELS, BELGIUM
20. Transferability of the contract
The Playerʹs rights and obligations cannot be transferred to a third party without the prior consent of Days of Poker.
Days of Poker is authorised to sell the Software, the App and some or all of the gaming or services without the prior consent of the Player.
Days of Poker implements security measures to protect the personal information you provide against unauthorised access and use. Nevertheless you acknowledge and accept the fact that transmissions via the Internet are never completely confidential and secure. You acknowledge that any message or information you transmit on our App may be read or intercepted by other people, even if a special notice specifies that a given transmission is encrypted.
22. Availability of the Services
Connection to the App and use of the services offered means that you are aware of and accept the characteristics and limitations of the Internet, especially relating to technical performance, response times for viewing, querying or transferring information, the risks of interruption and, more generally, the risks inherent in any connection and transmission via the Internet or via mobile telephony networks, the lack of protection of certain data against any embezzlement and the risks of contamination by any computer viruses circulating on the Internet and mobile telephony networks.
Days of Poker will make every effort to ensure that the App and the files that can be downloaded from it are free of bugs, viruses, Trojan horses and unauthorised spyware. Nevertheless, Days of Poker can under no circumstances be held liable for the following (not an exhaustive list):
- transmission and receipt of or failure to receive and data and/or information via the Internet or mobile telephony networks;
- any malfunction of the Internet and mobile telephony networks that prevents our Services running and/or functioning properly;
- failure of any receiver or communications equipment;
- any data loss;
- any software malfunction;
- consequences of any computer virus or bug, anomaly or technical fault;
- any harm caused to a Userʹs computer or mobile phone;
- any technical, hardware or software fault of any type that may have harmed a Userʹs computer and/or mobile phone.
It is your responsibility to take all appropriate measures to protect your own data on your computer, tablet and/or mobile phone against any breaches. Moreover, Days of Poker is only obliged to make best efforts to ensure the continuity of its Services.
In principle the App is accessible 24 hours a day, 7 days a week, except for scheduled or unscheduled interruptions for the purposes of maintenance or in the event of force majeure.
Creating links to the App
No links to the App may be made without the prior written consent of Days of Poker. ʺDays of Pokerʺ or any other equivalent or more precise mention must be clearly made on or near the link.
This authorisation does not apply to websites distributing illegal, violent, controversial, pornographic, xenophobic or widely offensive information. Authorisation to create the links specified in this article must be requested by sending an email to the following address: firstname.lastname@example.org. The request must include the address (URL) of the page on which the link will appear on the third‐party site.
Inclusion and use of frames
Any use or reproduction, even partial, of any of the elements of the App within a third‐party site by means of inclusion methods, frames, inclining or any other methods of a similar nature are strictly prohibited.
Links on the App
It is possible that the App may contain links to third‐party websites or web pages. Such sites are provided solely for your convenience and information. Days of Poker makes no guarantee and accepts no liability in respect of third‐party hypertext links or the content of these sites.
You access these websites at your own risk and you acknowledge that these websites may be subject to different terms and conditions of use and other privacy protection provisions than those applicable to this App.
The fact that Days of Poker chooses not to apply any of the terms, commitments or conditions in these Terms and Conditions of Use strictly to a User can never be interpreted as renunciation by Days of Poker to do so, nor as an abandonment of its rights, and Days of Poker may require strict and complete application to a User of some or all of the aforementioned terms, commitments and conditions of these Terms and Conditions of Use at any time.
The provisions of these Terms and Conditions of Use should always be interpreted such that they are compliant with the applicable law. However, if any provision of these Terms and Conditions of Use should be pronounced or found to be null and void or invalid, the validity of the remaining provisions shall remain unaffected. In such an event, Days of Poker undertakes to replace the voided provision with a new one with the same objective as the invalid provision and, insofar as possible, will have the same effect so as to re‐establish the balance of the contract.
Days of Poker offers its services to Players by means of forms in French, English and Dutch. These Terms and Conditions of Use are translated into one of these three languages depending on your choice of navigation. The English version shall prevail in the event of a conflict between the translation and the English version.
27. Archiving and evidence
The files, data and documents kept by Days of Poker on storage media in Days of Pokerʹs information systems under reasonable conditions of security shall be deemed evidence of communications and the results of games entered into between the Player and Days of Poker.
Days of Poker will keep any written records documenting any agreement concluded between Days of Poker and a Player for the purpose of taking advantage of Days of Pokerʹs services in electronic form without disclosing these documents to third parties.
In the event of discrepancies between the result of a game shown on the App and the result recorded directly or indirectly by Days of Poker, especially on its computer server via the Software, the result recorded by Days of Poker shall prevail at all times.
28. Additional information
If a Player has any questions relating to these Terms and Conditions of use or the Services in general shown on the App, he/she is invited to contact Days of Poker on the following email address: email@example.com
29. Applicable law ‐ Disputes
The present Contract is subject to Belgian law, without prejudice to the mandatory provisions that the Player would be entitled to enforce in application of article 6 of Regulation (EC) No. 593/2008 of the European Parliament and of the Council on the law applicable to contractual obligations.
In the event of disagreement or dispute between you and Days of Poker arising from or relating to your use of the App, the parties should attempt to resolve this dispute quickly and in good faith within 14 days of notification by one of the Parties. If it is not possible to resolve this dispute within the specified deadline, the Belgian courts and tribunals in the legal district of Antwerp shall have sole competence to recognise any dispute concerning the application or interpretation of these Terms and Conditions of Use.
You acknowledge that, notwithstanding any contradictory legislative provision, any complaint or action against us must be lodged no later than one year after the event giving rise to it.