Terms and Conditions
Version 1.08 | June 2018
These Terms and Conditions (hereafter the "T&Cs" or “Agreement”) contain important information explaining your rights to access and use the Internet-related, mobile and/or other computing platforms and products/services of DialMedia Ltd (hereafter the "Provider") made available through this website (hereafter the "Website") and usable by you (the "Player").
Please read these T&Cs carefully before using the Website, its related platforms and/or any other products/services of the Provider. If you do not agree with any provision of these T&Cs, you must not use the Website, its related platforms and/or any other products/services of the Provider. By continuing to use the Website, its related platforms and/or any other products/services of the Provider after reading the T&Cs you confirm your agreement to and acknowledgement of these T&Cs.
These T&Cs together with any other additional rules and requirements that appear on the Website or that specifically relate to and govern any particular event, game, promotion or service, constitute a legally binding Agreement between you and the Provider.
The Provider reserves the right to change and update these T&Cs and, thus, to amend this Agreement between the Player and the Provider at any time with or without notice. Changes and amendments to these T&Cs will become effective immediately upon being posted on the Website. It is your sole responsibility to review these T&Cs in a regular manner, together with the specific rules for each event, game, promotion or service, in which you choose to participate, in order to be updated with all current rules, requirements and amendments each time you play. You can easily identify whether these T&Cs have changed by referring to the version number and the date of the current T&Cs stated on top of this page. Your continued use of the Website, its related platforms and/or any other products/services of the Provider after a change or update was made to these T&Cs will constitute your acceptance of such change or update.
Whamoo is operated by DialMedia Ltd. which has registered address: 64, Excalibur, Triq B. Bontadini, Birkirkara BKR1737, Malta. Incorporated, Licensed and Regulated under the Law of the Government of Malta. Gaming License number MGA/B2C/542/2018.
Any changes to these T&Cs must be notified to the players in advance, and the player must re-confirm acceptance before the changes come into effect. Players shall not be allowed to play unless they accept the new Terms and Conditions, but shall be allowed to withdraw their deposits.
- Description and Use of Services.
- Acceptance of Terms and Conditions.
- Opening a Player Account.
- Player Account Details & Account Security.
- Player Verification.
- Deposits and Withdrawals.
- Bonuses and other Promotions.
- Gameplay and Rules.
- Account Closure & Dormancy.
- Responsible Gaming, Limits and Exclusion.
- Anti-Money Laundering Reporting.
- Gaming Software and License Agreement.
- Intellectual Property.
- User Content.
- Links to Third-Party Websites.
- Disclaimer of Warranty and Limitation of Liability.
- Errors and Omissions.
Section 1 Description and Use of Services
1.1 The use of such services of Whamoo (“Whamoo”) as (including but not limited to) the online gaming services and related resources, financial and promotional functions, support and communications functionality, and product/services information relating to the games (collectively the "Services") provided to you by Whamoo via its Website Whamoo.com and/or other websites owned, operated, licensed, and/or controlled by Whamoo and/or its authorized sub-licensees (collectively the "Sites") are subject to these T&Cs.
1.2 Whamoo reserves the right to modify the Whamoo Website, its related platforms, and/or any other products/services at any time.
1.3 You consent that all communication between Whamoo and yourself may be recorded and/or monitored for quality and security purposes.
Section 2 Acceptance of Terms and Conditions
2.1 By opening a Whamoo account you hereby declare that you fully understand and agree to be bound by the Terms and Conditions contained herein.
2.2 Whamoo may amend the Terms and Conditions from time to time. Should you disagree with any change then you must not continue to use your account.
2.3 The original version of these Terms and Conditions is written in English. The English version prevails over all translated versions.
2.4 These Terms and Conditions are governed by the laws of Malta. You hereby irrevocably consent to submit to the jurisdiction of the courts of Malta. Any dispute or claim arising out of, or in connection with, these Terms and Conditions, whether of a contractual or non-contractual nature, shall be governed by and in accordance with the laws of Malta.
Section 3 Opening a Player Account
3.1 Opening an account at Whamoo is at your sole discretion and risk.
3.2 It is your sole responsibility to check the laws regarding the use of Internet gaming in the jurisdiction where you are located in order to ensure that your registration with Whamoo and the use of Services is legal.
3.3 You must be at least 18 years of age and if applicable have reached the legal age of majority in your local jurisdiction to use the Services of Whamoo.
3.4 Use of Whamoo Services are strictly for recreational and entertainment purposes and only on your own and not any other person's behalf.
3.5 Whamoo does not allow the opening of accounts or accept real money gaming from players located in the following countries:
Belgium (BE), Serbia (RS), Denmark (DK), United Kingdom (UK), Cyprus (CY), Curaçao (former Netherlands Antilles), Netherlands (NL), France (FR), Italy (IT), Spain (ES), Turkey (TR), Israel (IL), Ukraine (UA), Slovakia (SK), Mauritius (MU), Czech Republic (CZ), United States of America (US) and all of its territories such as American Samoa (AS), Virgin Islands (American) (VI), Guam (GU), Puerto Rico (PR), Northern Mariana Islands (MP), United States Minor Outlying Islands (UM).
Whamoo may amend the list at its own discretion.
Section 4 Player Account Details & Account Security
4.1 To use the Services of Whamoo you must personally open an account through the appropriate registration form on the website. Whamoo reserves the right to reject any registration.
4.2 You must enter all requested information in the form. It is your responsibility to ensure that all provided information is correct and up-to-date. You must notify Whamoo regarding any changes to your personal details.
4.3 You may only open one (1) account per person, household, computer and/or IP address except where you have been given specific permission by Whamoo to open another account. If you notice you have more than one (1) account then you must notify Whamoo immediately. Opening multiple accounts may lead to all your accounts being closed and winnings voided.
4.4 You may choose your own username and password. Your username must be unique and cannot be offensive (as determined by Whamoo) or infringe any trademark or other proprietary rights of a 3rd party. Whamoo may reject any username at its discretion.
4.5 You are entirely responsible for keeping your username and password confidential. You must not share your login details with anyone or allow anyone to access your account and you are exclusively responsible for all activity on your account. Any unauthorised access due to your own negligence will result in any winnings being voided with no offer of recourse or refund.
4.6 Should you become aware that your username and/or password have been compromised and/or your account has been accessed then you must notify Whamoo immediately.
4.7 You may not login, deposit, and/or play on any other person’s account. Doing so will lead to all accounts being closed and any winnings voided without recourse.
4.8 You may not open an account or play through IP or location masking software such as a VPN, proxy server, or any similar means. Using IP or location masking software without express permission from Whamoo may result in your account being closed, winnings removed, and/or withdrawals voided.
4.9 It is not allowed to sell or otherwise transfer your Whamoo player account to another player, or acquire a Whamoo player account from another player.
4.10 Successful players agree that Whamoo can publicate their win and Player nickname.
Section 5 Player Verification
5.1 You may be requested at any time to provide copies of documents to verify your personal details and payment details. These documents may include but are not limited to the following:
- A valid photographic form of identification such as a government issued ID card, passport, or full driver’s license
- Proof of residential address that is less than 3 months old such as a utility bill
- Other documents on a case-by-case basis
- Contact details such as email and telephone number.
- For NETELLER, Skrill, and other ewallet/digital wallet providers, Whamoo has the right to request proof of account holding. Whamoo has the right to request the certification of documentation by a regulated person in order to verify the authenticity.
Verification of your identity is mandatory before any payout or withdrawal can be made.
5.2 Refusal to verify your personal and payment details to a reasonable degree and to Whamoo's satisfaction may result in your account being closed, winnings removed, and/or withdrawals voided.
5.3 In addition to the above and as part of our compliance with anti money laundering directives, Whamoo may at any time ask you to not only verify your identity and address but also request proof of ownership of any payment methods used to deposit or withdraw funds (including source of funds/wealth; e.g: salary slip, dividend payment, business income, etc. and to confirm that the funds are derived from legitimate sources). It is unlawful to deposit or attempt to deposit funds obtained from criminal, illegal, and/or fraudulent activities into your account. We are required to monitor all unusual or suspicious transactions of any size and report suspicious transactions and fraudulent activity to the regulator, and we may report such activity to the police and/or other relevant authorities. Please note that if deciding not to answer any requests for information may lead to Whamoo closing your account entirely and indefinitely.
Section 6 Deposits and Withdrawals
6.1 To participate in the Services of Whamoo you must make at least one deposit using one of the available payment methods on the Site. You may only play with your available balance. Deposits and balances do not accrue interest.
6.2 The available deposit and withdrawal methods may be amended from time to time and without prior notice from Whamoo. Some deposit and withdrawal methods may be unavailable in certain countries. Whamoo may also make certain deposit and withdrawal methods unavailable to specific users on a case-by-case basis.
6.3 All deposit and withdrawal methods used must be in your name and must legally belong to you, as must all funds deposited. When the total of your deposits since the creation of your User Account reaches the amount or value of €2,000, the Company requires the following: (i) a copy of a valid identification document with a photo of you, (ii) a copy of the credit card used to make the deposit (front side with only the 4 last digits of the credit card number visible, back side with the CVV covered, and (iii) a copy of a recent utility bill in Your name and address. In order to avoid any delays in processing Your cashout requests, the Company requires the receipt of such documents as soon as possible. In some instances the Company may require receipt of such documents prior to performing any activity in Your User Account. You may send such documents by scanning them or by taking high-quality digital camera pictures, saving them as jpeg files and sending them via email.
6.4 Whamoo allows you to choose the currency of your account from one of several available currencies. Any deposits made in a different currency from your chosen currency will be converted into the currency of your account at the prevailing exchange rate. Any loss due to exchange rate fluctuation shall be paid by you.
6.5 Whamoo cannot guarantee that any specific deposit attempt will be successful, is not obligated to complete an unsuccessful deposit attempt and is not liable for any fees or charges from an unsuccessful attempt.
6.6 Whamoo does not charge any fee for deposits but cannot guarantee that a fee will not be imposed by Whamoo of your deposit method itself. Any fee charged will be your responsibility.
6.7 Deposits and withdrawals will appear on your statements as being to/from DialMedia Ltd depending on the chosen method.
6.8 You are fully responsible for all deposits made to your account and you agree you will not attempt to reverse, dispute or chargeback any deposit you have made. Under no circumstances will Whamoo be liable for any unauthorized deposits on your account. Any such reversals or chargebacks will be considered a debt to Whamoo and Whamoo may take action to retrieve them including but not limited to confiscating future deposits and balances and voiding pending withdrawals.
6.9 Any funds deposited must be wagered at least 6 times but thereafter that deposit or deposit winnings in your account balance may be withdrawn at any time. Bonus and Bonus winnings may be withdrawn any time after you have met the respective wager requirements.
6.10 Big wins according cash-in to purchase ratio’s
Should you withdraw a sum of money that is 5 times or more, greater than their lifetime deposits across Whamoo Casino Group you will be liable for detailed game and play review and will only be able to withdraw your winnings in an amount of €5,000 per week. The remaining balance will be deposited back into your account until such time that you are eligible for a further withdrawal. This clause will only be applied at the discretion of Whamoo management. All progressive wins are exempt from this clause.
6.11 At Whamoo discretion the maximum withdrawal per player is Euro 5,000 per 24 hours and Euro 25,000 per month. This may be reduced to Euro 1,000 per 24 hours for NETeller, Skrill and credit/debit cards. Amounts in excess of the maximum withdrawal amount will be sent the next business day/period or periods as applicable. Progressive jackpot wins are not subject to the maximum withdrawal limit.
6.12 A successful withdrawal request does not guarantee a withdrawal will be sent. You may be requested to verify your personal/payment details and your recent gameplay may also undergo a routine gameplay check before any withdrawal is processed and sent to you. Refusal or failure to verify your details and/or failing a gameplay check may cause your withdrawal to be voided and the funds removed.
6.13 Any withdrawal will be ‘pending’ for 24 hours and then sent the next available business day. This pending period may be extended if verification or gameplay checks are required. Before any withdrawals are processed, your play will be reviewed for any irregular playing patterns. In the interests of fair gaming, equal, zero or low margin bets or hedge betting, shall all be considered irregular gaming. Other examples of irregular game play include but are not limited to, placing single bets equal to or in excess of 30% or more of the value of the Bonus credited to their account, until such time as the wagering requirements for that Bonus have been met. For the purposes of this clause, a bet is defined as one roulette spin or one dealer's dealt hand in any table game, or one deal in any Video or Power Poker game (this includes Multi-Hand/Play games). Any double or gamble shall be considered a new bet. Should Whamoo deem that irregular game play has occurred; Whamoo reserves the right to withhold any withdrawals and/or forfeit all winnings. Once reviewed and processed as a withdraw, the time required for a withdrawal to reach you will depend on the method used.
6.14 You may cancel a ‘pending’ withdrawal at any time during the ‘pending’ period and the funds will be returned to your balance.
6.15 Further details per deposit and withdrawal option may be found via this link.
6.16 Whamoo will endeavor to send withdrawals by the same method used to deposit but reserves the right to choose the withdrawal method on a case-by-case basis. Whamoo also reserves the right to combine multiple withdrawal requests into a single transaction.
6.17 Whamoo does not charge any fees for a withdrawal but reserves the right to do so when sending bank transfers to non-SEPA countries. Whamoo also cannot guarantee that a fee or charge will not be imposed by Whamoo of your withdrawal method itself when you receive the withdrawal.
6.18 Whamoo cannot be held responsible for delays caused by any failure on your part to verify your details, your providing incorrect withdrawal details or for any events after the withdrawal has been sent but before it reaches you.
6.19 You are solely responsible for recording and paying any taxes that may be applicable to withdrawals paid out to you.
6.20 The minimum amount that may be withdrawn for payout at any one time is €20 for countries in EU (EUR) and €50 (or the equivalent in your currency) for other countries. Any balance below this amount will be held for settlement until the balance accumulates to minimum payout amount. This clause is not applicable should you wish to close your account in full with Whamoo. This clause 6.20 in no way will affect any other clause in this section.
Section 7 Bonuses and other Promotions
7.1 Whamoo offers various Bonuses and promotions at its own discretion.
7.2 By accepting a Bonus you fully accept the Terms and Conditions for that Bonus. Our full Bonus Terms and Conditions may be found via this link.
7.3 Should you be found abusing Bonuses or breaching our Bonus Terms and Conditions then any Bonus and winnings will be voided, and your account may be closed.
7.4 A player is ineligible to receive any Bonuses while a withdrawal is pending or being processed. The player is, however, free to deposit without claiming a Bonus/promotion or to cancel the withdrawal at any time and become re-eligible to receive Bonuses/promotions. Whamoo reserves the right to void any Bonuses and generated winnings if you claimed a Bonus while having a pending withdrawal.
Section 8 Gameplay and Rules
8.1 All games include a description of the rules for the game. By participating in any of the games you agree you are familiar with the rules of that game and Whamoo cannot be held responsible for any misunderstanding on your part. All our games are supplied by N-Serve. A company established under the laws of Malta and regulated by the Malta Gaming Authority.
8.2 Any winnings or credits derived from a game malfunction, Whamoo error or otherwise credited incorrectly in any way will be removed upon Whamoo becoming aware of the error. You must notify Whamoo of any error. Any such funds sent as a withdrawal will be considered a debt to Whamoo and Whamoo may take action to retrieve them including but not limited to confiscating future deposits and balances and voiding pending withdrawals.
8.3 Whamoo is not liable for any lag, downtime, server disruptions, or any technical disturbance to gameplay.
8.4 Use of ‘bots’ or any other software not from Whamoo is strictly prohibited. Manipulation or modification of the Site, games or any software is strictly prohibited. If it is found that you have utilized any other software or ‘bots’ as mentioned in this clause 8.4 your account will be closed immediately, and all balances will become void.
8.5 If you win a sum of money Whamoo regards as worthy of publicity then you agree to be available for any events arranged by Whamoo in regard to the win.
8.6 Whamoo may perform gameplay checks at any time. During this process your account may be temporarily blocked until the gameplay check is complete. In the event of a failed gameplay check your account may be closed, balances confiscated and/or withdrawals voided at Whamoo discretion.
8.7 A gameplay check will be failed if any irregular betting, advantage play, software manipulation, cheating and/or breach of Bonus Terms is found.
8.8 Irregular betting or advantage play includes, but is not limited to, the following:
- Strategic betting systems such as Martingale, The Labouchere Progressive Betting Systems, D’Alembert, Paroli, Gambler’s Fallacy, Reverse Labouchere, Contra D’Alembert, Fibonacci, 1-3-2-6 and any others;
- Even money bets, low margin bets, zero risk bets, hedge betting, etc.;
- Placing bets greater than 20% of your current bankroll;
- After a large win drastically increasing or decreasing your bet size, and/or
- Playing via use of a VPN connection or private internet browser (e.g., Tor).
Other examples of irregular game play include but are not limited to, placing single bets equal to or in excess of 30% or more of the value of the Bonus credited to their account, until such time as the wagering requirements for that Bonus have been met. For the purposes of this rule, a bet is defined as one roulette spin or one dealer's dealt hand in any table game, or one deal in any Video or Power Poker game (this includes Multi-Hand/Play games). Any double or gamble shall be considered a new bet. Should Whamoo deem that irregular game play has occurred; Whamoo reserves the right to withhold any withdrawals and/or void all winnings.
8.9 Delaying any game round in any game, including Free Spins features and Bonus features, to a later time when you have no more wagering requirement and/or performing new deposit(s) while having Free Spins features or Bonus features still available in a game is prohibited.
Section 9 Account Closure & Dormancy
9.1 You have the right to request the closure of your account at any time by contacting Whamoo with your request. Accounts may be closed permanently, indefinitely or for a fixed period of time of your choice.
9.2 Whamoo reserves the right to collect any fees, charges or costs incurred before closing your account. No refunds or other forms of reimbursement will be granted.
9.3 An account closed indefinitely, or for a fixed period of time that has now passed, may be opened at your request. Whamoo may decline to reopen any previously closed account at its own discretion.
9.4 An account will be considered ‘Inactive’ if it has not been accessed for 12 months. Whamoo will endeavor to contact the account holder when an account goes inactive and periodically afterwards. After 18 months of inactivity, an account may be charged a 30 euro administration fee per month from any remaining balance. Should you begin playing on your formerly Inactive account then any applied administration fees will be returned to your balance.
An account will be considered ‘Dormant’ if it has not been accessed for 30 months. A dormant account may be closed, and any remaining balance removed.
9.5 Whamoo reserves the right to close your account at its own discretion if you are found to be in breach of the Terms and Conditions or has reasonable grounds to suspect you have breached them. These breaches include but are not limited to the following:
- Opening multiple accounts without permission
- Allowing 3rd parties to use your account or sharing your account login details
- Providing false personal or payment information
- Refusing to verify your personal or payment information
- Being under the legal age to gamble in your jurisdiction
- Opening an account from a restricted jurisdiction
- Using deposit and withdrawal options not in your name
- Reversing or disputing deposits
- Using any funds obtained from or for any fraudulent or criminal activity
- Abuse of our Bonuses or other promotions
- Irregular gameplay or advantage play
- Manipulating, modifying or interfering in any way with the site, services or games
- Use of bots or illegal software
- Making false complaints of any kind
- Use of abusive or threatening language
- For you own protection if you are unable to control you own gaming
- Playing via use of a VPN connection or private internet browser (e.g., Tor).
9.6 Accounts closed for breaching the Terms and Conditions may have all balances removed, Bonuses and winnings voided and/or withdrawals denied. No refunds or other forms of reimbursement will be granted.
9.7 Whamoo reserves the right to close your account at its own discretion and without an explanation but all outstanding balances and pending withdrawals will be processed as normal.
Section 10 Responsible Gaming, Limits and Exclusion
10.1 Whamoo fully supports responsible gaming.
10.2 If you are concerned about your gaming behavior then you may exclude yourself permanently or for a specified time period from playing any games of Whamoo its related platforms or from any other services/products of Whamoo In order to do so you need to contact our customer support via chat or email.
10.3 It is recommended to use chat rather than email when making your request. Whamoo will endeavor to action any requests as quickly as possible but there will naturally be a delay regarding email requests.
10.4 Any exclusion request will be valid for Whamoo only and does not include other third party sites.
10.5 Whamoo is not responsible for any losses or damages incurred by your not following the stated exclusion procedure.
10.6 For further details on our responsible gaming policy please follow this link.
Section 11 Anti-Money Laundering Reporting
11.1 Whamoo complies with the relevant Anti-Money Laundering laws and directives for its jurisdiction. Whamoo shall report any suspicious transactions to the relevant competent authorities. ALL transactions are monitored for suspicious activity.
11.2 If you become aware of any suspicious or fraudulent activity, you must report this to Whamoo immediately.
11.3 Whamoo has the right to block any account suspected of fraudulent activity and withhold funds if requested to do so in accordance with the relevant Anti-Money Laundering Act.
11.4 You hereby acknowledge that all funds credited to your account may only be your own funds generated from legitimate sources and not from the proceeds of any criminal activity.
11.5 You hereby agree to send any verification documents upon Whamoo request whether in scanned or certified true copies. Any costs for procuring these will be borne by you. Access to your account and withdrawal of funds may be blocked or suspended until Whamoo is satisfied with the documents provided.
11.6 The Operator prohibits player collusion and takes measures to prohibit use of devices, such as robots, that distort normal games play.
Section 12 Gaming Software and License Agreement
12.1 Copyright in any aspect relating to the Services that is made available on the Whamoo website is owned by Whamoo and/or its licensors. Use of the gaming software/applications is governed by the Terms of the applicable License Agreement. You may not use the gaming software/applications unless you agree to the applicable License Agreement Terms. If there are any inconsistencies between the relevant License Agreement and these T&Cs, Whamoo will determine which Terms shall apply or take precedence at its sole discretion.
12.2 The gaming software/applications are available for use by the users according solely to the License Agreement and these T&Cs. You are expressly prohibited from reproducing, redistributing or copying the gaming software/applications except in accordance with the relevant License Agreement. Whamoo and its licensors reserve their rights to take legal action against any user found to be in breach of any License Agreement.
12.3 Subject to any express warranties in the relevant License Agreement, Whamoo hereby disclaims all warranties and conditions with regard to the gaming software/applications, including all warranties and conditions of merchant-ability, whether express, implied or statutory, fitness for a particular purpose, title, non-infringement, and those arising from a course of dealing or usage of trade.
Section 13 Intellectual Property
13.1 Whamoo and/or its related partners are the sole owners of the listed trademarks and logos. The intellectual ownership is defined by a copyright notice.
13.2 You agree to respect the intellectual property of Whamoo its related platforms and/or any other products/services of Whamoo. You also agree not to remove/change any copyright notices or ownership information from the provided websites, scripts, software, texts and images, or any other related material.
Section 14 User Content
14.1 Whamoo representatives may monitor your communications on Whamoo. Whamoo does not monitor all of the third party content on the Website. Whamoo does not endorse, approve, or pre-screen any the third party content on the Website. Whamoo does not assume any responsibility for any third party content on the Website and Whamoo expressly excludes, to the maximum extent permitted by law, any liability for any third party content on the Website.
14.2 Whamoo has the right, but not the obligation, in its sole discretion to edit, refuse to post, or remove any third party content on the Website.
14.3 In relation to any materials, in whatever format or media, which you post or otherwise provide to Whamoo (the "Submission"), you hereby grant Whamoo a non-exclusive, worldwide, royalty-free, perpetual and irrevocable license to use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat your Submission. You expressly acknowledge that Whamoo will not pay you for your Submission. Whamoo may remove your Submission from the Website at any time. For each Submission, you represent that you have all the rights necessary for you to grant the license contained in this paragraph.
Section 15 Links to Third-Party Websites
15.1 The Website may contain advertising and sponsorship and other material from third parties which are beyond Whamoo control. Those third parties are responsible for ensuring that material submitted for inclusion to Whamoo complies with all relevant laws and regulations. Whamoo will not be responsible for any error or inaccuracy in any third-party material, nor does Whamoo endorse any third parties whose material appears on the Website.
15.2 Whamoo may contain links to other websites which are also outside Whamoo’s control and are not covered by these T&Cs. Whamoo will not be liable for the content of any third-party websites or the actions, errors or omissions of their proprietors nor for the contents of third-party advertisements and sponsorship on those websites. Whamoo does not endorse any third-party websites which have links to Whamoo. If you access those third-party websites, you do so entirely at your own risk.
15.3 Any costs or obligations you incur in your dealings with third parties are your sole responsibility.
Section 16 Disclaimer of Warranty and Limitation of Liability
16.1 By using Whamoo, its related platforms and/or any other products/services of Whamoo you acknowledge and agree that your sole and exclusive remedy for any dispute with Whamoo is to stop using Whamoo its related platforms and/or any other products/services of Whamoo, and to close your player account.
16.2 Whamoo its related platforms and/or any other products/services of Whamoo including those of the third parties, are provided on an “as is” and “as available” basis for your use, without warranties of any kind, either express or implied, unless such warranties are legally incapable of exclusion. Whamoo provides the Website, its related platforms and/or any other products/services on a commercially reasonable basis and does not guarantee that you will be able to access or use the Website, its related platforms and/or any other products/services of Whamoo at times or locations of your choosing, or that Whamoo will have adequate capacity for providing the Website, its related platforms and/or any other products/services as a whole or in any specific geographic area.
16.3 Without prejudice to the generality of the preceding provision, Whamoo, its directors, employees, partners, and service providers:
- do not warrant that the Website, its related platforms and/or any other products/services are always fit for their purpose;
- do not warrant that the Website, its related platforms and/or any other products/services are totally free from errors;
- do not warrant that the Website, its related platforms and/or any other products/services will be always accessible without interruptions.
16.4 Whamoo shall not be liable in contract, tort, negligence, or otherwise, for any loss, costs, expenses or damages whatsoever arising from or in any way connected with your use of Whamoo, its related platforms and/or any other products/services of Whamoo whether direct, indirect, special, consequential or incidental, including, without limitation, damage for loss of business, loss of profits, business interruption, loss of business information, or any other pecuniary or consequential loss (even where Whamoo has been notified by you of the possibility of such loss or damage).
16.5 Some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, and so in such jurisdictions, the liability of Whamoo shall be limited to the fullest extent permitted by law.
16.6 You hereby agree to fully indemnify and hold harmless Whamoo its directors, employees, partners, and service providers for any cost, expense, loss, damages, claims and liabilities howsoever caused that may arise in relation to your use of the Website, its related platforms and/or any other products/services.
Section 17 Errors and Omissions
17.1 If there is any discrepancy between the gaming results on your computer and the results on the game server for the games, the results on the game server for the games shall be final and binding. If there is any discrepancy between your on-screen display and Whamoo server with respect to balance in your account, the balance held on Whamoo server is deemed to be the balance in your account and this determination shall be final and binding. You will forfeit any amounts shown to be in your account that result from human error, technical default or fraud by you.
17.2 If Whamoo accept or process any wager or other transaction (including a payment transaction or if you are awarded any winnings) as a result of
(1) any human error on our part or on the part of any other companies within our group, or
(2) any bug, defect or error in the software, or
(3) the failure of the games or the software to operate in accordance with the rules of any game through technical error, fraud or otherwise,
then Whamoo will be entitled to correct or to procure the correction of each such wager or transaction or, if Whamoo are not able to do so, to cancel the relevant wager or transaction. Whamoo will not be liable in respect of any such correction or the events giving rise to such correction. In particular there will be no obligation to pay you any such winnings arising from the relevant wager or transaction and you agree to refund any such winnings that may have been paid to you by Whamoo.
17.3 If any play on any game is stopped, disrupted or interrupted during the course of a wager Whamoo will use all reasonable efforts to restart the game as from the point of such stoppage, disruption or interruption, but if Whamoo is unable to do so, Whamoo may cancel such wager and make the necessary adjustments to your account.
17.4 In the event of a system malfunction all wagers may be void. In the eventuality of such a system malfunction, the system rollback will run and attempt reverting you back to your state as at the restore point utilized.
17.5 If you have any cause to complain about anything relating to your experience with Whamoo products and services, please let Whamoo know by writing to customer service which can be found on the contact Whamoo page. Please be sure to include any appropriate evidence and your complaint will be handled within 10 days from the date on which the complaint is received, provided that in certain cases this can be extended by a further 10 days.
17.6 If a complaint is not resolved to your satisfaction through Whamoo complaint procedure, you may refer the dispute to the Regulator/Supervisory Authority by writing to the email address [email protected]. Their resulting decision shall be considered final and binding on both parties.
17.7 The Operator reserves the right to limit/refuse bets; it also reserves the prerogative to terminate events and/or games.
Section 18 General
18.1 These T&Cs are governed by the laws of Malta. You hereby irrevocably consent to submit to the jurisdiction of the courts of Malta. Any dispute or claim arising out of or in connection with these T&Cs, whether of a contractual or non-contractual nature, shall be governed by and construed in accordance with the laws of Malta.
18.2 As a condition of your use of Whamoo, its related platforms and/or any other products/services of Whamoo you will not use those for any purpose that is unlawful or prohibited by these T&Cs or any relevant License Agreement or any applicable law. You may not use Whamoo its related platforms and/or any other products/services in any manner that could damage, disable, overburden, or impair any Whamoo server, or the networks connected to any such server, or interfere with any other party’s use and enjoyment of the Website, its related platforms and/or any other products/services of Whamoo You may not attempt to gain unauthorized access to the Website, its related platforms and/or any other products/services of Whamoo computer systems or networks connected to any Whamoo server, through hacking, password mining or any other means. You may not reverse engineer, decompile or disassemble any products of Whamoo and its licensors, including any proprietary communications protocol used by such products.
18.3 You agree that no joint venture, partnership, employment, or agency relationship exists between you and Whamoo (or its licensors) arising from this Agreement or from your use of the Website, its related platforms and/or any other products/services.
18.4 The original version of these T&Cs is written in English. If these T&Cs are translated into another language the English version will prevail.
18.5 Whamoo may assign or otherwise lawfully transfer this Agreement in whole or in part, at any time. You hereby agree that Whamoo licensors are third-party beneficiaries under this agreement. You shall not assign or otherwise transfer this Agreement.
18.6 If any part of this Agreement or any provision of these T&Cs is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement shall continue in effect.
18.7 This Agreement, including the documents expressly incorporated by reference, constitutes the entire agreement between you and Whamoo with respect to the use of the Website, its related platforms and/or any other products/services, and save in the case of fraud supersedes any prior or contemporaneous understandings, proposals, agreements or commitments, whether written or oral, between you and Whamoo.
18.8 A printed version of this Agreement and of any notice given in written form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records.
18.9 Whamoo failure to enforce at any time any of the provisions of these T&Cs or related License Agreements shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of any party to enforce each and every such provision thereafter.
18.10 Notwithstanding anything else in this Agreement, no default, delay or failure to perform on the part of Whamoo shall be considered a breach of this Agreement if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of Whamoo.
19.1 You hereby acknowledge and consent to Whamoo processing of your personal data for the purposes of allowing you to access and use Whamoo its related platforms and/or any other products/services of Whamoo in order to allow you to participate in games and to provide ancillary services to you.
19.2 Whamoo is bound by the laws of Malta and shall process your personal data in accordance with the laws of Malta. Moreover, Whamoo will protect your personal information and respect your privacy in accordance with best business practices and applicable laws.
19.3 Whamoowill only use your personal data to allow you to access and use Whamoo its related platforms and/or any other products/services of Whamoo and to perform operations relevant to your participation in the games and in the necessary services.
19.4 Whamooshall also process your personal data for the purposes of performing verification procedures in relation to your use of the Website, its related platforms and/or any other products/services of Whamoo.
19.5 Your personal data will not be disclosed to third parties, unless such disclosure is necessary for processing of your requests, such as effecting transactions on your account, or unless it is required by law. By agreeing to these Terms and Conditions. You hereby consent to such disclosures. Our DPO will be welcoming any questions and may be contacted on [email protected].
19.6 You have the right to access personal data held by Whamoo about you. Player has the right to access their data, as well as rectify, erase and restrict it whilst Whamoo also entertains any data portability requests.
19.7 You must promptly inform Whamoo of any changes to information provided by you at the time of registration and opening of your player account.
19.8 In order to provide you with an efficient service, Whamoo players wishing to deactivate or otherwise cancel his account, Whamoo declares that any data stored will be destroyed after 5 years from cancellation of the account.
19.9 In the processing of your player account and associated transactions, Whamoo may have recourse to credit rating agencies, fraud detection agencies, anti-money laundering agencies. By agreeing to these Terms and Conditions you hereby consent to such disclosures.
19.10 In order to make your visit to Whamoo more user-friendly, to keep track of visits to Whamoo and to improve the service, Whamoo collects a small piece of information sent from your browser, called a cookie. Cookies are often used to save website customizations and ease the website login. Cookies do not save passwords or similar security relevant information. They play often an important role for website functionality. But you can, if you wish, turn off the collection of cookies (please refer to your browser instructions as to how to do this). You must note, however, that turning off cookies will restrict your use of the Website and will make your participation in the games impossible.
19.11 Whamoo may inform you from time to time about important technical and security updates, changes on Whamoo new services and promotions. You must consent to receive direct promotions. You can opt out again into receiving promotional material by emailing Whamoo customer support.