General Terms and Conditions
These Terms and Conditions apply to, and are binding upon you, if you participate on the Website. These Terms and Conditions replace any pre-existing Terms and Conditions that appeared on the Website. In these Terms and Conditions:
- "Account" means a unique Account that has been issued by us;
- "Agreement" means these Terms and Conditions;
- "Thunderluck" means the casino under which products are offered 'Online' (accessed via a computer or laptop) and on 'Mobile' (accessed via a mobile phone or tablet) via the Website
- "GM Gaming/We/us/our" means, GM Gaming Limited, a company incorporate under the laws of Malta with registration number C-43029 and is the operator of the Website.
- "Charge-back" means when you, or a credit card issuing bank, or any other third party payment solutions provider effects a reversal of charges in relation to your credit card or third party deposit transaction;
- "Customer/s" mean(s) a Real Customer and/or a Guest Customer and/or a Dormant Customer and/or a Closed Customer;
- "Dormant Account" means an Account that has been inactive for a period of 30 (thirty) consecutive months or more;
- "Dormant Customer" means a Customer who has a Dormant Account;
- "Closed Account" means an Account that has been locked, closed, deregistered or excluded by either us or you;
- “Closed Customer” means a Customer who has a closed Account;
- "Participate" means, without limitation, any of the conduct described in 4.1.1 to 4.1.7 below and visiting the Website and/or playing any games offered by us and/or the Website and/or the Software in any manner whatsoever;
- "Real Customer" means a Customer who utilises his own money to place wagers on any of the Websites;
- "Service" means the availability to, and provision of Software that enables you to gamble on the Website;
- "Software" means any software owned by or licensed to us that must be downloaded in order for you to participate on the Website and/or any Flash Games versions of the software that do not need to be downloaded;
- "Your Jurisdiction" means the jurisdiction in which you are domiciled, reside or work;
- "Website" means thunderluck.com
- "Guest Customer" means a Customer who utilizes free-play credits with no monetary value to place wagers at the Websites.
1. Your Participation on the Website
1.1.1. Participation on the Website is at your sole option, discretion and risk.
1.1.2. You are solely responsible for ascertaining whether it is legal in Your Jurisdiction to participate on the Website.
1.1.3. You may only participate on the Website if it is legal for you to do so within Your Jurisdiction.
1.1.4. In addition to the provisions of 1.1.3 above, you may only participate on the Website if you have attained the legal age of majority within Your Jurisdiction.
1.1.5. We do not warrant the legality of your participation on the Website in terms of the laws of Your Jurisdiction.
1.1.6. We have the right to request that you furnish us with proof of your identity, physical address and age as a prerequisite to your participation on the Website and at any time throughout your participation on the Website.
1.1.7. You agree that we may use personal information provided by you in order to conduct appropriate anti-fraud checks. Personal information that you provide may be disclosed to a credit reference or fraud prevention agency. The agency may, at its discretion and according to its policies, keep appropriate records of such information.
1.1.8. You hereby agree to hold no more than a single real account on the Website. Any sale or transfer of accounts between players is prohibited.
1.1.9. Participation on credit is prohibited on the Website.
1.2. Your Warranties
1.2.1. You warrant and represent, and we enter into this Agreement on the basis of such representations and warranties, all of which are material at the time of your entering into this Agreement and throughout the currency hereof, that you:
220.127.116.11. are legally able to participate the Website within Your Jurisdiction;
18.104.22.168. are an "adult", having attained the age of majority within Your Jurisdiction;
22.214.171.124. shall not allow any third party (in particular, but without limitation), any minor/s to, directly or indirectly, use your Account/s that you hold with us, to utilize the Software or accept a prize from us;
126.96.36.199. have furnished us with personal details that are valid, accurate and complete in each and every respect, and that you shall advise us immediately via e-mail should such details change;
188.8.131.52. are the true and lawful owner of the monies that you wager on the Website . If using a credit or debit card, the Cardholder's name MUST be the same as the name used when registering with the site. Where this is not the case the account may be suspended. Where an account is suspended, you should contact Customer Support for details of our verification process. Any withdrawals that are made by bank wire will only be payable to the name used when registering with the site and if a debit or credit card has been used to deposit funds the name must correspond to the name registered on the card;
184.108.40.206. shall not deposit nor wager any monies on the Website that are derived in any manner whatsoever from illegal activities contemplated in 1.6 below;
220.127.116.11. shall pay all monies owed to us directly to us and, in respect of payment, shall not charge-back, deny, reverse and/or countermand any such payments.
18.104.22.168.shall ensure that any monies owed by you to us are paid to us and a payment to any third party (irrespective of whether the third party is acting as an agent for you or us) shall not constitute a discharge thereof until the said monies have actually been received by us. A breach hereof may result in a refusal by us to pay any cash-in;
22.214.171.124. have read and understood these Terms and Conditions.
1.3. Refusal to Register, Deregistration, Exclusion & Suspension
1.3.1. We may refuse to register you as a Customer or elect to deregister and exclude you or suspend you as a Player from the Website at any time if we deem that your participation on the Website is, shall be or has been previously, fraudulent, illegal, abusive, collusive, or in any way irregular (as detailed in clause 21 of our Promotional Terms and Conditions).
1.3.2. You acknowledge hereby that we are not obliged to give you prior notice of our decision to refuse, deregister or exclude or suspend you, nor to furnish you with any reasons for such decision.
1.3.3. If we become aware that a customer is underage, we will, except where there are grounds to believe that a fraud has been perpetrated:
126.96.36.199. Suspend the account immediately;
188.8.131.52. Void all wagers that have taken place
184.108.40.206. Refund the value of all deposits minus net withdrawals; and
220.127.116.11. Close the account
1.3.4. If you feel that you are losing control of your play and would like help by restricting access to the Website, you may choose to be excluded from the Website for either 24 hours, 7 days or 6 months. If you choose either of these options, you will not be able to log in to our Software during the exclusion period. We will make every effort to ensure that you are blocked from entering the Website. We will also take all reasonable steps to ensure you do not receive any promotional material during this time.
1.4. Consequences of Deregistration, Exclusion or Suspension
1.4.1. If we deregister or exclude or suspend you from the Website we shall have the right to:
18.104.22.168. withhold payment to you of any contested funds whether such contested funds are deposits, refunds, bonuses, free monies, Thunderluck credits, payouts or the like; and/or
22.214.171.124. solely determine what criteria you shall have to meet in order to establish a New Account with us ; and/or
126.96.36.199. in the case of fraudulent, illegal or similar misconduct by you or failure by you to pay any sums due to us
188.8.131.52.1. furnish any relevant information about you to an intra-group database recording such mischief and, if necessary, hand over your account details to a collections agency for the recovery of any sums that you owe us. You hereby irrevocably authorise us to do so at our absolute discretion, and/or
184.108.40.206.2. have forfeited to us any contested funds that may be derived by you from fraudulent, illegal or similar misconduct.
1.5. Dormant Accounts
1.5.1. It is recorded that the provisions of this Clause 1.5 only apply if Customers' Account with us constitute Dormant Account.
1.5.2. A customer’s account will automatically be classified as inactive if no log-in and/or log-out has occurred on the Player’s Account during a period exceeding twelve (12) consecutive months (“Inactive”). We will charge an administrative fee (the fee shall not exceed €5 or the currency equivalent, per month) for the costs incurred by us for maintaining of the inactive account until the customer’s account status is changed to Open, Closed or Terminated.
1.5.3. Accounts that remain inactive for at least 30 months shall have their remaining balances transferred to the Malta Gaming Authority (MGA). All efforts shall be made to transfer any balance in a dormant account to the respective account holder, failing which such balance shall be transferred to the Malta Gaming Authority (MGA).
1.5.4. For the purpose hereof all Loyalty points awarded shall be construed to be Bonuses
1.6. Money Laundering
1.6.1. It is recorded that some jurisdictions have strict laws on money laundering that may impose an obligation upon us to report you to the federal or local authorities within such jurisdictions if we know, suspect or have reason to suspect that any of your transactions, amongst other things, involve funds derived from illegal activities or are intended to conceal funds derived from illegal activities or involve the use of the Websites to facilitate criminal activity.
1.6.2. If we have knowledge or suspicion envisaged in 1.6.1 above we may:
220.127.116.11. immediately suspend, deregister or terminate your Account; and/or
18.104.22.168. at our sole discretion, not refund to you any funds held in such Account; and/or
22.214.171.124. furnish any relevant information about you to an intra-group database recording such mischief. You hereby irrevocably authorise us to do so at our absolute discretion
1.6.3. We reserve the right to report you to the aforementioned federal or local authorities should we, in our absolute discretion, determine that we are obliged, by law, to do so.
1.6.4. In order to assist in the prevention of money laundering
126.96.36.199. no cash shall be accepted to fund any Account;
188.8.131.52. no substantial and/or exceptional withdrawals individually and cumulatively shall be paid unless notarised facsimile copies of the following are received
184.108.40.206.1. Your most recent bank statement for the bank account and or front and back copies of credit cards from which your wagers have been paid;
220.127.116.11.2. driver's license;
18.104.22.168.3. social security card or a similar document containing a photographic identification of you;
22.214.171.124.4. current and valid passport; or
126.96.36.199.5. utility bill (e.g. gas, water, telephone etc.) bearing your name and your address registered with us.
188.8.131.52. Notwithstanding the foregoing, we additionally reserve the right to require any of the above documentation at any time during our dealings for the purposes of identity verification.
1.7.1. If, whilst playing on the Website, you win a sum of money or any other prize regarded by us as worthy of publicity, you agree to make yourself available for any event of any kind arranged by us in order to publicise your win and any such prize.
You hereby give us permission to utilise your name, photograph and the content of any interviews relating to your win and any such prize. Furthermore, you hereby waive all rights in any of these materials and agree that all rights in and to such materials will belong to GM Gaming. We will do our utmost to protect your privacy at all times.
When creating an Account, you must make a minimum deposit of $10 before you start to bet or play.
2. The Service
2.1. The Service and the Software are provided "as is". We make no warranty or representation, whether express or implied, in relation to the satisfactory quality, fitness for purpose, completeness or accuracy of the Service or the Software.
2.2. We shall not be liable for computer malfunctions, failure of telecommunications service or Internet connections nor attempts by you to participate in games by methods, means or ways not intended by us.
2.3. We cannot guarantee that the Service will never be faulty but we will correct report faults as soon as we reasonably can. If a fault occurs you should report the fault by e-mail or in writing to Customer Support.
2.4. Although we shall take all reasonable measures to ensure that the Software and files are free from computer viruses we cannot and do not guarantee that the Software and files are free of such problems. It is your responsibility to protect your systems and have in place the ability to reinstall any data or programs lost due to a virus.
2.5. We may temporarily suspend the whole or any part of the Service for any reason at our sole discretion. We may, but shall not be obliged to, give you as much notice as is reasonably practicable of such suspension. We will restore the Service, as soon as is reasonably practicable, after temporary suspension.
3. Shared Environments
We may impose any limits or conditions that we, in our sole discretion, deem fit on any persons who open or attempt to open Accounts on the Website where such Accounts originate from environments where computers are, or the environment is shared.
4. Indemnity & Limitation of Liability
4.1. You indemnify and hold harmless GM Gaming, its directors, officers, employees, shareholders,
agents and affiliates, the ultimate parent and parent companies of GM Gaming and any of its subsidiaries against any and all costs, expenses, liabilities and damages (whether direct, indirect, special, consequential, exemplary or punitive or other) arising from any participation by you on the Website. The nature of your participation shall include, but not be limited to, inter alia:
4.1.1. visiting, use or re-use the Website;
4.1.2. use or re-use of any materials at, or obtained from, the Website or any other source whatsoever;
4.1.3. entry, use or re-use the Website servers;
4.1.4. facilitating or making a deposit into your Account;
4.1.5. gaming on the Website;
4.1.6. acceptance and use of any win or prize at or from the Website;
4.1.7. use or re-use of the software on the Website, whether downloaded from such Website or by any other means or through any other medium.
4.2. In no circumstances whatsoever shall GM Gaming, its directors, officers, employees, shareholders, agents and affiliates, the ultimate parent and parent companies of GM Gaming and any of its subsidiaries be liable to you in contract, tort, negligence or otherwise, for any loss or damage howsoever arising from any cause whatsoever, whether direct or indirect, or for any amounts whatsoever (even where we have been notified by you of the possibility of such loss or damage).
5. Promotions & Competitions
5.1. It is recorded that we shall, from time to time, offer certain promotions and competitions and that these competitions and promotions may have separate terms, conditions and rules that are competition or promotion-specific.
5.2. These Terms and Conditions apply to any competition or promotion.
5.3. In the event of a conflict between these Terms and Conditions and the promotion or competition-specific Terms and Conditions, the promotion or competition-specific Terms and Conditions shall prevail but only to the extent that the Terms and Conditions conflict with one another.
6. Rules of Play
6.1. In addition to these Terms and Conditions, certain Rules of Play shall apply to you and be binding upon you in respect of your participation on the Website.
6.2. You hereby agree to be bound by the aforementioned Rules of Play as if they were specifically incorporated into these Terms and Conditions.
7. Intellectual Property
7.1. We hereby grant you a revocable, non-exclusive, non-transferable right to use the Website and the Software and all content derived from the Website and the Software, including copyright and all intellectual property rights therein, in connection with the Service in accordance with these Terms and Conditions and with Microgaming's End User License Agreement (EULA).
7.2. You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website and the Software shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorized by us or our licensors.
7.3. You acknowledge and agree that the material and content contained within the Website are made available for your personal non-commercial use only and that you may download such material and content onto only one computer hard drive for such purpose. Any other use of such material and content is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit, tamper with, or create derivative works of such material and content.
7.4. We hereby grant you a revocable, non-exclusive, non-transferable right to use the Websit and the Software and all content derived from the Casino Website and the Software, including copyright and all intellectual property rights therein, in connection with the Service in accordance with these Rules, Terms and Conditions.
When playing on Mobile, the following additional terms shall apply:
8.1. Network Operator and Other Charges
You are solely responsible for any connection, use or other charges levied by your network operator when you register to play the Games, download the Software, place Bets or communicate with us. These charges shall form no part of any Bets placed.
8.2. Viruses and data integrity
Neither GM Gaming Limited , nor its parent or any of its affiliates, agents, network service providers, partners, representatives or employees warrant that the our Software will be free from any virus or other code that is contaminating or destructive by nature and you are responsible for implementing and maintaining sufficient procedures to satisfy your particular requirements for accuracy of data input and output as well as protection from such viruses or other code that may contaminate or destroy your mobile phone, system or data.
Neither GM Gaming, nor its parent, affiliates, agents, network service providers, partners, representatives or employees warrant that the Mobile or Software is error free or will operate without packet loss or interruption, nor does GM Gaming warrant any connection to or any transmission over the Internet.
You (the Customer) are solely responsible for any telecommunications devices, networks, GPRS, Internet access services and other consents and permissions required in connection with your use of the Software or Mobile.
9.1.1. We may, without notice to you, amend, alter, delete, interlineate or add to ("Changes") these Terms and Conditions, the promotion or competition-specific Terms and Conditions at any time whatsoever.
9.1.2. These Changes shall become effective, and you shall be bound by these Changes, immediately upon their posting on the Websites.
9.1.3. You agree to regularly review these Terms and Conditions, promotion or competition-specific Terms and Conditions and the Rules of Play in order to assess whether any Changes have been made.
GM Gaming Limited ’s employees, subsidiaries and affiliates connected to any referral programs linked to GM Gaming Limited , advertising or other agencies, licensees, licensors, distributors and their other associated or affiliated companies or, in the case of individuals, the immediate family of such individuals, are not eligible to participate on the Website as a Real Customer.
If any part of these Terms and Conditions is deemed unlawful, void or for any reason unenforceable, then that part shall be deemed to be severable from the rest of these Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions of these Terms and Conditions. In such cases, the part deemed invalid or unenforceable shall be amended in a manner consistent with applicable law to reflect, as closely as possible, our original intent.
No indulgence granted by us to you should be construed as a waiver of any of our rights in terms of these Terms and Conditions.
9.5. Third Parties
Unless otherwise expressly stated, nothing in these Terms and Conditions shall create or confer any rights on any persons not party to these Terms and Conditions.
We reserve the right to transfer, assign, sub-license or pledge, in whole or in part, any of the rights and obligations granted to or imposed upon us by these Terms and Conditions. You may not transfer, assign, sub-license or pledge any of the rights and obligations granted to or imposed upon you by these Terms and Conditions.
9.7. Whole Agreement
Unless the context otherwise indicates, these Terms and Conditions set out the entire agreement between us and supersede all prior oral or written agreements, arrangements or understandings between us. You acknowledge that you are not relying on any representation, agreement, term or condition that is not set out in this Agreement.
In this Agreement the headings are used for convenience only and shall not affect its interpretation. References to persons shall include incorporated and unincorporated persons; references to the singular include the plural and vice versa; and references to the masculine include the feminine.
9.9. Applicable Law and Jurisdiction
The validity, construction and performance of this Agreement shall be governed by Maltese law and shall be subject to the non-exclusive jurisdiction of the Maltese superior courts to which the parties hereby submit, except that a Party may seek an interim injunction in any court of competent jurisdiction.
9.10. Limitation of Actions
You hereby agree that any legal proceedings to enforce any claim that you may have (if any) against us shall be initiated by you within a period of 6 (six) months of the cause of action arising (the "Prescription Period"); failing which you hereby forever waive and abandon any right that you may have to enforce such claim after the Prescription Period and confirm that on the expiry of the Prescription Period the said claim shall be void, waived and abandoned in law.
9.11. In the event of a conflict between the English terms and conditions and other language versions, the English version shall prevail.
9.12 Alternative Dispute Resolution (ADR) process
As per amended MGA regulations, the MGA will no longer fulfil an Alternative Dispute Resolution (ADR) function to its licensee’s as of 01 April 2019. GM Gaming have subsequently appointed eCOGRA as the official ADR entity.
The eCOGRA Alternative Dispute Resolution Service (ADR) is an impartial mediation service, specialising in the field of online gambling disputes.
eCOGRA is approved by the Great Britain Gambling Commission in accordance with The Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015. They accept disputes that arise between registered operators that hold an operating licence from the Malta Gaming Authority (MGA) and their registered players.
Players must include a concise, clear and to the point summary of the circumstances of their dispute in the ADR dispute form which will allow eCOGRA to provide an effective service.
Players may seek independent advice or be represented or assisted by a third party at any stage of the ADR process.
As a policy, we do not distribute unsolicited email ("spam"). However, we assume that, as an active Customer on any of the Websites, you would like to receive personalized promotional offers that may be beneficial to your playing on the Website. We consider these offers to be "solicited" by virtue of your patronage with us. Accordingly, at least once a week we will send you a personalized promotional email offer.
If you unsubscribe, or have previously unsubscribed, from our general promotional materials, you will still receive transactional emails.
Please allow 3 working days to be removed from our mailing lists.
Should you have any questions regarding any of the 'legalese', please contact us and we will be happy to assist you.
These terms were last updated on 22/08/2019 at 14:00