PUBLIC OFFER AGREEMENT
LIMITED LIABILITY COMPANY «GGBET», legal entity identification code: 44912194, legal address: Ukraine, 02002, Kyiv, Yevhena Sverstyuka St., Building 17, Office 601, operating in accordance with the License for the organization and conduct of casino gambling games on the Internet, issued on August 23, 2023, based on the decision of the Commission for Regulation of Gambling and Lotteries No. 129 dated August 8, 2023, and the License for the organization and conduct of bookmaking activities dated August 23, 2023, issued in accordance with the decision of the Commission for Regulation of Gambling and Lotteries No. 128 dated August 8, 2023 (hereinafter referred to as the "Organizer"), on the one part, and an individual who, at the time of concluding this Agreement on participation in a gambling game (hereinafter referred to as the "Agreement") by accepting the public offer, has reached 21 years of age, possesses full civil capacity, is not listed in the Registry of persons restricted from gambling establishments and/or participation in gambling games (hereinafter referred to as the "Player"), on the other part, (hereinafter collectively referred to as the "Parties", and each individually as a "Party"), have concluded this Agreement as follows:
1. TERMS AND DEFINITIONS
• Gambling Game – any game where the condition for participation is the placement of a stake (bet) by the Player, which entitles them to receive winnings (prizes), the probability and size of which depend entirely or partially on chance, as well as the Player's knowledge and skill.
• Website – the website ggbet.ua, owned by the Organizer.
• Winnings (Prize) – funds, property, or property rights to be paid (issued) to the player in case of their win in a gambling game according to the published rules of such game.
• Payout – a non-cash financial transaction for the payment and/or return of the player's funds from their client account to their personal (bank/card) account as provided by the Gambling Rules. Payouts include deposit refunds and winnings.
• Responsible Gaming – the basic principle of organizing and conducting gambling, which involves measures by organizers to prevent and minimize the negative consequences of an individual's participation in gambling, as well as measures aimed at organizing self-restriction and self-control for players.
• Player – an individual who, at the time of participation in a gambling game, has reached 21 years of age, is legally capable, is not in the Registry of restricted persons, has agreed to the Organizer's rules, has reviewed and accepted the privacy policy, has accepted the public offer, and participates in gambling of their own free will.
• Personal Account (Player's Client Account) – a part of the Gambling Organizer's online system that provides the Player with full information about their actions, transactions with the organizer, game balance, and information required for identification.
• Mobile Application GGBET.UA – software designed for mobile devices (smartphones, tablets, etc.) on various operating systems (iOS, Android, etc.), through which the Player can access the Website's functionality. In this Agreement, the general term "Website" is used to cover the app as well.
• Gambling Organizer / Organizer – GGBET LLC, identification code: 44912194, address: 02002, Kyiv, Yevhena Sverstyuka St., 17, office 601, operating under Ukrainian law and licenses No. 128 and No. 129 issued by the Commission for Regulation of Gambling and Lotteries on 23.08.2023.
• Offer – the Organizer's proposal to the Player to conclude this Agreement.
• Organizer's Rules – the Rules of the bookmaking organizer and online casino gambling, and the rules for participation in such games as posted on the Organizer's Website.
• Registry of persons restricted from gambling establishments and/or participation in gambling games – a database containing information on individuals who, according to submitted applications or court decisions, are restricted from gambling.
• Stake (Bet) – a game equivalent of the Hryvnia (UAH) transferred by the Player to the Organizer as a condition for participation in a gambling game, the size of which determines the winnings according to the rules.
2. SUBJECT AND GENERAL PROVISIONS
2.2. The Player guarantees that at the time of concluding this Agreement, they have reached the age of 21, possess full civil capacity, are not listed in the Registry of persons restricted from gambling establishments and/or participation in gambling games, and enter into this Agreement of their own free will, and that their expression of intent is free and corresponds to their internal will. The Player guarantees that they are not under the influence of drugs or alcohol, have no other legal restrictions regarding the conclusion of this Agreement and participation in gambling games, and have not been recognized as undesirable by other gambling organizers.
2.3. In accordance with the terms of this Agreement, the Organizer offers services for the organization and conduct of online casino gambling, the organization and conduct of bookmaking bets through the Organizer's Website and Mobile Application (hereinafter – the Services), and the Player, after registering on the Organizer's Website, has the opportunity to place bets and participate in gambling games on the Organizer's Website and Mobile Application, according to the Organizer's Rules.
2.4. If a person, contrary to the legislation of Ukraine and the requirements stated above, participates in a gambling game, the Agreement concluded between the Organizer and such person shall be void, carrying all the legal consequences of a void transaction.
2.5. By registering on the Website and/or in the Organizer's Mobile Application, the Player hereby confirms that they accept the terms of this Agreement and are fully familiar with the Rules, Privacy Policy, Loyalty Program, and other documents and policies of the Organizer posted on the Website and in the Organizer's Mobile Application, and provides consent to comply with them in full. The Agreement on participation in a gambling game is considered concluded from the moment the Organizer accepts a bet from the player for a gambling game.
2.6. To complete registration on the Website and/or in the Mobile Application, the Player must fill in all required fields of the corresponding registration form (application) on the Website. The registration form (application) shall include the Player's personal data and additional (non-personalized) data necessary for further identification when restoring access to the personal account.
2.7. To create a Player's Personal Account in the Organizer's system and participate in gambling games, the Player must undergo the identification (verification, data establishment) procedure in accordance with the requirements of current legislation and the Organizer's Rules.
2.8. The rules for conducting online casino gambling, rules for participating in bookmaking bets, and rules by sports types define the specific rules and conditions for participation in the respective game (bet) and are posted on the Organizer's Website and Mobile Application. The fact of placing a bet confirms the Player's familiarity with and consent to the Organizer's Rules and the terms of participation in a specific game (bet).
2.9. The Player guarantees that at the time of concluding this Agreement, they have reached the age of 21, possess full civil capacity, are not listed in the Registry of persons restricted from gambling establishments and/or participation in gambling games, and enter into this Agreement of their own free will, and that their expression of intent is free and corresponds to their internal will. The Player guarantees that they are not under the influence of drugs or alcohol and have no other legal restrictions for concluding this Agreement and participating in gambling games.
2.10. If the Player does not agree with the terms of this Agreement and/or the Organizer's Rules, they are obliged to leave the Organizer's Website and/or Mobile Application and refrain from using them.
2.11. The Organizer guarantees that it has the right to carry out activities related to the organization and conduct of gambling games in accordance with licenses and the requirements of the legislation of Ukraine.
2.12. The Parties have agreed that this Agreement has legal force, is binding upon the Parties, and does not require signing by the Parties in paper or electronic form.
2.13. The Organizer has the right to amend this Agreement without prior personal written notice to the Players. Players shall be notified of the changes by posting the relevant information on the Organizer's Website and/or Mobile Application. The current version of the Agreement is always published and available on the Organizer's Website and Mobile Application.
2.14. Any online casino gambling games offered on the Organizer's Website and Mobile Application are conducted according to the rules established on the Website and Mobile Application. The procedure and terms for placing bets for participation in a gambling game, their size, the procedure for determining the outcome of the gambling game, payment terms, and the procedure for calculating the amount of winnings (prizes) for each of the Organizer's gambling games are determined in the rules of the respective gambling game, which are posted on the Organizer's Website and Mobile Application and/or in the menu of the respective game.
2.15. The fact of the Player's registration on the Website/in the Organizer's Mobile Application confirms that the Player is fully informed regarding the procedure for taxing potential winnings (withholding by the Organizer as a tax agent of personal income tax and military fee) established by the current legislation of Ukraine, as well as the application of bank commissions during the transfer of funds.
2.16. The Player's participation in a gambling game is the Player's voluntary decision. The Organizer adheres to the principles of responsible gaming and provides recommendations for self-restriction; however, it is not responsible for the consequences of the Player's decisions made contrary to such recommendations, provided the Organizer complies with legislative requirements regarding the restriction of access for persons included in the Registry of persons restricted from gambling establishments and/or participation in gambling games.
2.17. The Player fully realizes that any expenses incurred by the Player while using the Website and/or the Mobile Application are their personal choice, and the Organizer is not responsible for any monetary losses of the Player, provides no guarantees regarding a positive outcome of gaming sessions, and does not refund funds used in the process of the game, regardless of its outcome.
3. RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1.1. Comply with the requirements of this Agreement and fulfill their obligations
as provided by this Agreement, the legislation, and the Organizer's Rules.
3.1.2. Provide full, accurate, and reliable personal data required by the Organizer
to comply with legislative requirements (including for the purposes of
identification and verification of the player) and, specifically, update personal data
in the event of any changes.
3.1.3. Provide, upon the Organizer's request, an identity document containing
information about the person's age for inspection.
3.1.4. Adhere to the principles of responsible gaming, namely:
- Provide the Organizer with the opportunity to conduct identification by supplying the necessary information and immediately notify the Organizer of any restrictions that prevent the Player's participation in the game;
- In the event of detecting signs of gambling addiction, cease participation in the gambling game and refuse future participation; furthermore, seek assistance from treatment facilities or medical institutions that treat gambling addiction;
- Not expect any bonus payments, gifts, and/or the provision of goods (services) in any form, or the use of other types of incentives, the provision of which is directly or indirectly conditioned by the fact of the player's loss in the respective gambling game.
3.1.5. Not participate in the game if access to gambling is restricted and/or if the
Player has a gambling addiction (ludomania), and immediately notify the
Organizer of such facts.
3.1.6. Not be under the influence of alcohol or drugs and not have any restrictions
defined by these Rules and the legislation.
3.1.7. Immediately notify the Organizer of any unauthorized acquisition of the
Player's personal data by a third party, specifically identity documents, as well as
any third-party access to the Personal Account on the Website and/or in the Mobile
Application, if such facts become known to the Player.
3.1.8. In the event of signs of gambling addiction (ludomania), stop using the
Website and/or Mobile Application, cease playing gambling games, and seek help
from organizations, treatment facilities, and/or medical professionals who treat
gambling addiction. Contact details for such organizations and facilities can be
found in the Organizer's Responsible Gaming section.
3.1.9. Not distribute (transfer) any information regarding the Player's Personal
Account to third parties. Take all measures to prevent the use of the Player's
Personal Account by third parties. Not transfer the login, email, or password of the
Player's Personal Account to third parties.
3.1.10. Limit their participation in online gambling by setting personal limits on
the amount of funds they wish to spend and the time spent participating in the
gambling game, and set restrictions on the maximum size of bets and spent funds
in the manner prescribed by the Rules.
3.2. The Player has the right to:
3.2.1. Register on the Organizer's Website and/or in the Mobile Application and
manage the Personal Account in accordance with the terms of this Agreement, the
Rules, and current legislation.
3.2.2. Demand that the Organizer provide high-quality Services in accordance with
the terms of this Agreement, the Rules, and current legislation.
3.2.3. Exercise other rights provided by the Law and the Rules.
3.3. The Organizer shall:
3.3.1. Provide Services on the Website and in the Mobile Application in compliance
with legislative requirements and in accordance with the Rules.
3.3.2. Maintain records of winnings (prizes), the value of which constantly
increases and depends on the number of bets placed (cumulative or progressive
jackpots) (where such winnings/prizes are available).
3.3.3. Comply with the requirements of the legislation of Ukraine and the rules for
conducting gambling games.
3.3.4. Refrain from actions that may influence the results of gambling games.
3.3.5. Adhere to the principles of responsible gaming.
3.3.6. Take measures to prevent violations of legislative requirements by Players
or the Organizer's employees.
3.3.7. Take measures to prevent persons under the age of 21 and persons subject to
restrictions under the Law from participating in online casino gambling.
3.3.8. Use online systems during the organization and conduct of gambling games
that exclude the possibility of unauthorized interference in their operation or the
creation of conditions for a predetermined game result.
3.3.9. Take measures to combat gambling addiction (ludomania), specifically by
providing public access on the Website and in the Mobile Application to
information materials regarding gambling addiction and responsible gaming:
player age restrictions, chances of winning, principles of responsible gaming, signs
of pathological and problem gambling addiction, and locations where help for
gambling addiction can be obtained.
3.3.10. Review complaints from players and other persons, including those in
electronic form, and provide responses within the timeframes defined by the
Rules.
3.3.11. Post information on the Website and in the Mobile Application regarding
the activities of organizations, treatment facilities, and/or medical professionals
who treat gambling addiction (contact details, support service telephone
numbers).
3.4. The Organizer has the right to:
3.4.1. Unilaterally suspend/terminate the provision of Services under this
Agreement in the event of a violation by the Player of the terms of this Agreement,
the Rules, and/or the requirements of the Law of Ukraine "On State Regulation of
Activities Regarding the Organization and Conduct of Gambling."
3.4.2. Request additional documents from the Player in accordance with the Rules
for the purpose of Player identification (verification).
3.4.3. Refuse to pay out winnings (prizes) to a person who is not the Player and/or
who does not have the right to receive such winnings.
3.4.4. Independently change and/or supplement the terms of this Agreement and
the Rules without notifying the Player. In doing so, the Organizer guarantees and
confirms that the current version of this Agreement, its appendices, and the Rules
posted on its Website and in the Mobile Application is valid.
3.4.5. Store and process any information entered by the Player during the
registration of the Personal Account on the Website and in the Mobile Application
or provided to the Organizer by other means (including the Player's IP and MAC
addresses, location data, operating system version, and settings of the device used
to access the Website and/or Mobile Application, etc.).
3.4.6. Increase the minimum player age for participation in a gambling game.
3.4.7. For the purpose of complying with financial monitoring legislation, the
Organizer has the right to store the Player's data and their Personal Account
information according to the legislation of Ukraine, but for no less than five years
after the termination of the business relationship with the Player.
3.4.8. Unilaterally refuse to conclude this Agreement, suspend/terminate the
provision of Services under this Agreement, or block the Player's Personal Account
without prior notice if the Player's actions and/or profile contradict the Organizer's
internal policies regarding access to the Organizer's platforms (Website and Mobile Application).
3.4.9. Exercise other rights in accordance with the Law, Licensing Conditions, and
other regulatory legal acts of Ukraine governing relations in the field of gambling.
4. SETTLEMENT PROCEDURE
4.2. Payment of bets, refund of funds deposited by Players for participation in online gambling games, and the payment of winnings to players are carried out in non-cash form through the Organizer's online system on the Internet, taking into account the provisions of current legislation.
4.3. To receive services regarding participation in gambling games on the Organizer's Website and Mobile Application, the Player's Personal Account is used.
4.4. The Player is responsible for the correctness of the payments they make and for the safekeeping of settlement (payment) documents.
4.5. Any payments and/or top-ups by the Player are considered made only after the actual receipt of funds into the Organizer's accounts and the acceptance of such funds by the Organizer.
4.6. The execution of settlements in the Player's Personal Account may be limited or suspended by the payment system or the bank in accordance with current legislation.
4.7. The Organizer is not responsible for the non-receipt of funds into the Player's client account or for any delay in their crediting related to changes in the internal procedures of the financial structures carrying out the transaction, or due to force majeure circumstances (failures in data transmission channels, authorization centers, etc.).
4.8. Payment of bets, refund of funds deposited by players for participation in online gambling games, and the payment (issuance) of winnings (prizes) to Players are carried out in non-cash form through the Organizer's online system on the Internet, taking into account the provisions of current legislation, including the Law of Ukraine "On Prevention and Counteraction to Laundering of Proceeds of Crime, Financing of Terrorism and Financing of Proliferation of Weapons of Mass Destruction."
4.9. The Organizer has the right not to accept bets from Players without providing reasons, as well as from those Players who violate this Agreement or the Organizer's Rules, and reserves the right to close or temporarily block the accounts of individual Players without prior notice.
4.10. The Organizer does not accept any bets and does not provide services to Players on credit, with installment plans, or with subsequent payment, except for the payment of bets using credit or debit cards subject to payment authorization.
4.11. The timeframe for the payment of winnings (prizes) or the refund of a bet is determined by the Organizer's Rules but may not exceed 30 (thirty) days from the date of the Player's request.
4.12. The detailed procedure for accepting bets and making payments (issuing) of winnings (prizes) is established by the Organizer's Rules.
5. LIABILITY AND DISPUTE RESOLUTION
5.2. Player complaints are considered by the Organizer in the manner and within the timeframes specified by the Organizer's Rules.
5.3. All disputes arising from this Agreement or related thereto shall be resolved through negotiations between the Parties.
5.4. If a relevant dispute cannot be resolved through negotiations, it shall be settled in accordance with the legislation of Ukraine through judicial proceedings according to the established jurisdiction and venue of such dispute in accordance with the legislation current in Ukraine.
5.5. The Player is responsible for the accuracy and authenticity of the documents and information provided by them in accordance with the current legislation of Ukraine.
5.6. The Organizer is released from liability for non-performance or improper performance of obligations to the Player in the event of a violation by the Player of the terms of this Agreement, the Organizer's Rules, and/or the current legislation of Ukraine.
5.7. The Organizer shall not be held liable for any losses or damages resulting from the Player's failure to take, or improper taking of, measures aimed at maintaining the confidentiality of their Personal Account and/or registration data, or as a result of access by third parties to the Player's account through the fault of the latter.
5.8. The Organizer shall not be held liable for any losses or damages that the Player or a third party may incur as a result of information technology failures caused by attacks, viruses, or other technologically harmful materials while using the Organizer's Website and/or Mobile Application, and/or downloading any materials posted on the Website and/or in the Mobile Application, and/or any links located on the Website and/or in the Mobile Application.
5.9. In the event of termination of this Agreement on the grounds of a violation by the Player of the terms of this Agreement, the Organizer's Rules, and/or the current legislation of Ukraine, the Organizer has the right to fully or partially void bets, cancel winnings, close the account of such player, and collect a fine from the latter in the amount of 100% of the funds deposited by the player into the client account.
6. FORCE MAJEURE
6.2. For the purposes of this Agreement, force majeure circumstances shall mean any circumstances that arose beyond the will or contrary to the will or desire of the Parties and which could not be foreseen or avoided, including: military actions, civil unrest, global outbreaks of viral epidemics, blockades, earthquakes, floods, fires, as well as decisions of state authorities or local self-government bodies of the state of which the Player is a resident, or the state of which the Organizer is a resident, as a result of which additional obligations or additional restrictions are imposed on the Parties (or one of the Parties), making further full or partial performance of the Agreement impossible, as well as any actions or events that affect the functioning of the gambling organizer's online system and make it impossible for the Organizer to properly provide the Services. The occurrence of force majeure circumstances shall be confirmed by a relevant certificate (statement) issued by the Ukrainian Chamber of Commerce and Industry.
6.3. The Party that has been affected by force majeure circumstances must notify the other Party in writing within 10 (ten) calendar days and provide a document confirming the occurrence of the force majeure circumstances issued by the Ukrainian Chamber of Commerce and Industry.
6.4. Upon the termination of the force majeure circumstances, the period for the performance of obligations shall resume. The Party that was affected by such circumstances shall notify the other Party in writing of the cessation of the force majeure circumstances.
6.5. If the effect of force majeure circumstances continues for more than 3 (three) consecutive months, the Parties shall have the right to terminate this Agreement and conduct final settlements. In this case, damages caused by the termination of the Agreement shall not be compensated, and no penalties shall be paid.
7. TERM AND TERMINATION
7.2. The Player has the right to close their Player's Personal Account by contacting the Organizer. In this case, the refund of available funds on such account to the Player is carried out taking into account the Organizer's Rules and the requirements of current legislation.
7.3. The Organizer has the right to fully or partially cancel Player bets, suspend the payment of winnings (prizes), and also close the Player's Personal Account in the following cases:
•registration of a Player's Personal Account by a person who does not meet the requirements established for Players; • forgery by the Player of documents required for identification (verification);
•duplicate registration of a Player's Personal Account by the same person;
•if the document provided for identification (verification) is publicly available on the Internet;
•when the Player uses a bank card (bank account) or other payment method that does not belong to the owner of the •Player's Personal Account, as well as when using the same payment method or bank card on different accounts;
in any other cases of fraud on the part of the Player.
7.4. In the event of a violation by the Player of the terms of this Agreement, the Organizer's Rules, and/or legislative requirements, the Organizer has the right to terminate this Agreement unilaterally and block the Player's Personal Account by sending a notification of account closure and termination of the Agreement to the Player's address. In this case, this Agreement is terminated and considered ceased in full without the conclusion of any additional documents.
7.5. If the amount of funds in the Player's Personal Account as of December 31 of the corresponding year remains unclaimed for any reason by the player, and provided that more than 365 days have passed since the last win or placement of a bet (in case of its return), the Organizer has the right to close such Personal Account, classify such debt as bad debt, and write it off.
8. INTELLECTUAL PROPERTY
8.2. While using the Website and/or the Mobile Application, as well as participating in a gambling game, the Player does not acquire any intellectual property rights to the content owned by the Organizer or any other third party.
8.3.
8.4. For the infringement of the intellectual property rights of the Organizer, content rights holders, or third parties, the Player shall be liable in accordance with current legislation and is obliged to compensate for damages and cover costs incurred due to their fault.
9. OTHER TERMS
9.1. Each Party warrants to the other Party that it possesses the necessary legal
capacity and authority required and sufficient to enter into and perform this
Agreement in accordance with its terms.
9.2. In the course of performing this Agreement, as well as in accordance with the
requirements of applicable law, the Organizer shall process the Players' personal
data.
9.3. Information about the Player and their personal data shall be used exclusively
for the purposes defined by the Law of Ukraine "On State Regulation of Activities
Regarding the Organization and Conduct of Gambling," the Law of Ukraine "On
Prevention and Counteraction to Laundering of Proceeds of Crime, Financing of
Terrorism and Financing of Proliferation of Weapons of Mass Destruction," and
the Organizer's Rules.
9.4. By accepting this Agreement, the Player voluntarily consents to the collection
and processing of their personal data for the purposes set forth in Clause 8.3, and
for the use of data for commercial purposes, including receiving/sending
information about participation in gambling and processing information about
such participation, as well as sending advertising and special offers, information
about promotions, or any other information about the Organizer's activities via
telecommunication means (email, mobile communication). In the event of an
unwillingness to receive information about the Organizer's activities, the Player
has the right to contact the Organizer to disable such notifications.
9.5. Disclosure of personal data without the Player's consent is permitted in cases
defined by applicable legislation, in particular the Law of Ukraine "On Protection
of Personal Data," the Law of Ukraine "On State Regulation of Activities Regarding
the Organization and Conduct of Gambling," the Law of Ukraine "On Prevention
and Counteraction to Laundering of Proceeds of Crime, Financing of Terrorism and
Financing of Proliferation of Weapons of Mass Destruction," and other regulatory
legal acts.
9.6. The Parties undertake to maintain the confidentiality of information obtained
as a result of performing this Agreement, except in cases where it is authorized in
writing by the other Party or required by state authorities in accordance with
applicable law. The Party at fault for the unlawful disclosure of confidential
information shall be liable under applicable law.
9.7. This Agreement shall be governed by and construed in accordance with the
substantive law of Ukraine.
9.8. Relations arising on the basis of this Agreement are governed by the
Constitution of Ukraine, the Tax Code of Ukraine, the Laws of Ukraine "On State
Regulation of Activities Regarding the Organization and Conduct of Gambling," "On
Prevention and Counteraction to Laundering of Proceeds of Crime, Financing of
Terrorism and Financing of Proliferation of Weapons of Mass Destruction," as well
as subordinate regulatory acts adopted in accordance with the Law of Ukraine "On
State Regulation of Activities Regarding the Organization and Conduct of
Gambling" that regulate relations in the field of gambling and relevant
international treaties of Ukraine, the binding nature of which has been consented
to by the Verkhovna Rada of Ukraine.