Terms and conditions

DEFINITIONS
For purposes of these terms and conditions, "Customer", "User" or "you" means the individual accessing Kimberley Casino; "we" refers to us (Kimberley Casino); a "session" is defined as each period commencing with login and terminating upon logout.
ACCEPTANCE OF TERMS AND CONDITIONS
These terms and conditions govern your access, use and participation in our website(s) ("Website") and online services ("Services"). Your continued usage of the Website or Services after we update these Terms and Conditions indicates acceptance of any changes thereto. By accessing Kimberley Casino, you signify your agreement to be bound by these terms.
ELIGIBILITY
You must be at least 18 years old (or such higher minimum age as required under applicable law) to use our website(s) or services ("Services"). If you are not eligible, please do not proceed any further and close the Website immediately. You represent that you have full capacity, power, right, title, authority to enter into these terms.
REGISTRATION
To use Services, you must register on Kimberley Casino through a valid email address and password (your account details). By registering, you agree to provide true, accurate, up-to-date information about yourself. You undertake that the registration data is personal and confidential.
USE OF WEBSITE AND SERVICES
You acknowledge that certain features of our Website or Services may be subject to additional terms and conditions ("Additional Terms"). We may terminate your access, restrict use, remove content at any time without prior notice for breach of these terms; violation of Additional Terms; or reasons not limited thereto (including regulatory requirements).
AVAILABILITY OF SERVICES
We strive to continuously maintain the Website and Services available 24/7 but cannot guarantee uninterrupted availability due to technical or maintenance issues.
PROPRIETARY RIGHTS AND CONTENT USE
You acknowledge that all proprietary rights, including but not limited to copyrights, trade marks (service marks), logos, images, software, information content ("Content") on Kimberley Casino belongs to us and/or its suppliers; and may be used only as permitted by the Website or in accordance with applicable law.
HYPERLINKS
We reserve all rights regarding hyperlinking from our website(s) to third parties' websites. No hypertext linking of any type is allowed without prior written consent, which we are under no obligation to provide.
LIMITATIONS OF LIABILITY
You acknowledge that using the Website or Services may involve risks (including but not limited to technical issues, software malfunctions and exposure to viruses).
SECURITY AND FAIR PLAY

a) We implement necessary security measures to prevent unauthorized access and protect data transmission; however these precautions do not guarantee against loss of data.

b) You acknowledge that we maintain no warranty or promise regarding game outcomes, which are governed by certified Random Number Generators ("RNGs") from recognized gaming studios.

INDEMNITY
You undertake to hold harmless Kimberley Casino (and its directors, officers, employees and agents), including but not limited to any claims for personal injury, death, loss of property or damage to business arising from your use of the Website or Services.
GOVERNING LAW AND JURISDICTION

a) These terms are governed by and construed in accordance with the laws of Canada.

b) Any disputes related thereto will be resolved exclusively through arbitration administered by a recognized national arbitrator, in accordance with its rules. The parties agree to abide by any decision of such arbitrators.

c) Upon conclusion of these Terms, each party releases all claims arising out of or connected with the dispute against the other and their respective successors, representatives, officers, directors, employees, agents (the Released Parties).

AMENDMENTS TO TERMS AND CONDITIONS

a) We may modify our terms at any time without prior notice.

b) You agree to check for updates regularly.

c) Failure by you to comply with these Terms or an amendment thereto does not affect the validity of such amendments but renders continued usage unlawful.

ENTIRE AGREEMENT
These terms and conditions contain the complete agreement between us regarding use of our website(s) and services, superseding all prior discussions.
BINDING EFFECT

a) These Terms are binding upon both parties; inures to benefit of successors-in-title.

b) Upon dissolution or liquidation by Kimberley Casino (or your company), these terms remain enforceable without abatement.

NO WAIVER
We may waive any rights and/or obligations but such waiver does not constitute a general waiver for similar situations arising later on from the same matter.
FORCE MAJEURE

a) Any obligation of one party is excused (i) in cases beyond that party's control (natural disasters, interruptions to electronic communication services); or (ii) when fulfillment would contravene any mandatory law.

b) Upon occurrence of an event of force majeure under this clause the affected Party shall give written notice to other within a reasonable period of discovery and shall use its best effort to mitigate impact; minimize duration and consequences in so far as possible.

INTERPRETATION
Where these Terms conflict with applicable law or regulation, we agree that such provision will be subject to an immediate change under the said clause 13 (amendments).
NOTICES AND COMMUNICATION

a) We shall communicate any updates to our Website and Services via notification within website(s), which may take the form of pop-up messages or email sent directly from Kimberley Casino.

b) You agree that electronic notifications have effect equivalent to personal service in writing, as long as addressed correctly (i.e., your registered contact details).

c) Time for serving notice runs according to the jurisdiction where Kimberley Casino is incorporated.

GOVERNING LANGUAGE

a) The language used in these Terms shall be English (the "Language").

b) Any translations provided do not supersede the Language or replace this Agreement; but may serve as an official reference when interpreting provisions applicable law.

RELATIONSHIP WITH REGULATORS
You acknowledge Kimberley Casino is subject to Curaçao gaming regulations and maintains strict compliance with all necessary measures governing regulatory frameworks where its services are utilized by customers from various jurisdictions.
ENTIRE AGREEMENT AND WAIVERS

a) These Terms, together with the User Agreement (where applicable), form a complete agreement between us regarding your usage of our website(s).

b) Kimberley Casino waives no rights to enforce these conditions against you or others accessing its content; or accepts any responsibility that may arise from using Services offered.

NO ASSIGNEE
The parties agree not to assign their respective rights, obligations and interests under this Agreement without prior written consent of all other parties thereto.
ACKNOWLEDGMENT

a) By proceeding with registration, you acknowledge receiving, reading these Terms in its entirety before starting use Kimberley Casino services on your own accord.

b) You must ensure compliance with laws applicable where accessing our website(s).

By using the Website or Services after you've read this notice, you agree to abide by all stipulations outlined above.