TERMS AND CONDITIONS

This page contains information explaining your rights to access and use the toutou website.

This agreement (the "Agreement") should be read by you in its entirety prior to your use of toutou's service or products. Please note that the Agreement constitutes a legally binding agreement between you and toutou.com (referred to herein as "toutou", "us" or "we") which operates the Internet site found at www.toutou.com (the "Site").

In addition to the Terms & Conditions of this Agreement, please review our Privacy Policy and any other rules, policies and terms and conditions relating to the games and promotions available on the Site as posted on the Site from time to time, which are incorporated herein by reference, together with such other policies of which you may be notified of by us from time to time.

By clicking the "Open Account” button during account registration and using the Software (as defined below) you consent to the terms and conditions set forth in this Agreement together with the Privacy Policy and any other rules relating to the games and promotions available as each may be updated or modified from time to time in accordance with the provisions below. You further acknowledge that your failure to comply with this Agreement may result in disqualification, account closure, forfeiture of funds and/or legal action against you as deemed appropriate and as more particularly detailed below.

Access to and use of the Site internationally is provided by toutou on the following terms:


DEFINITIONS


"Games" means the internet gaming system accessible and/or offered on the Site;
"Sportsbook" means "Casino" or "Poker" and all or any related services and online gaming activities accessible on and/or offered on the Site;

"Device(s)" means any application access devices, including but not limited to personal computers, laptops, mobile telephones, personal digital assistants, PDA telephones employed for the use of and access to the Site and participation in the Services;

"the information" means information provided on the Site including but not limited to results, statistics, sports data, odds and betting data;

"Software" means any computer programme, data file or any other content that is required to be installed on your Device in order to enable you to use, access and participate in the Services for the purpose of using, accessing and participating in the foregoing on the Website through your Device;

"the Services" means the Software and Games together


GRANT OF LICENSE/INTELLECTUAL PROPERTY

toutou offers online sportsbook, casino games, keno and live dealer games via electronic media on a global basis under a licence from the First Cagayan Leisure Resort Corporation (“FCLRC”). Whilst it is intended that the online sportsbook and casino, keno and live dealer games will operate under the toutou licence referred above, , toutou reserves the right to switch any of the operations of the business to another jurisdiction at any time.

Subject to the terms & conditions contained herein toutou grants you a personal, non-transferable and non-exclusive right to use the toutou Software, to access information on the toutou website through the Device(s) and to play the Games available.

You acknowledge and agree that the Software that is made accessible to you is part of the Services and is the property of toutou and/or our licensor, and that you do not gain any rights to such Software. The Software is licensed to you by toutou for your private personal use. Please note that the Software is not for use by (i) individuals under 18 years of age, (ii) individuals under the legal age of majority in their jurisdiction, (iii) individuals connecting to the Site from jurisdictions from which it is illegal to do so, (iv) employees and relatives of employees of toutou and any entities affiliated or related to toutou ("relative" shall mean spouse, partner, parent, child or sibling.), and (v) former employees and relatives of former employees of toutou and any entities affiliated or related to toutou, within a period of six (6) months from the last day of such employment with toutou (including any entities affiliated or related to toutou). toutou is not able to verify the legality of the Services in each jurisdiction and it is your responsibility to verify such matters.

toutou assumes no liability for correctness, completeness or up-to-datedness of the Services provided, for example results made available on the Site. toutou also assumes no liability for the accuracy of livescores, statistics and intermediate results in in-running betting.

toutou reserves the right at any time to request from you evidence of age in order to ensure that minors are not using the Services. We further reserve the right to suspend or cancel your account and exclude you, temporarily or permanently, from using the Services if satisfactory proof of age is not provided or if we suspect that you are underage.

The Software's code, structure and organisation are protected by copyright, trade secrets, intellectual property and other rights. You may not:

(each of the above is an "Unauthorised Use").

You will be solely liable for any damage, costs or expenses arising out of or in connection with the commission by you of any Unauthorised Use. You shall notify toutou immediately upon becoming aware of the commission by any person of any Unauthorised Use and shall provide toutou with reasonable assistance with any investigations it conducts in light of the information provided by you in this respect.

The terms "toutou", and any other trade marks, service marks and/or trade names used by toutou on the Site from time to time (the "Trade Marks"), are the trade marks, service marks and/or trade names of toutou or one of its group companies and/or its licensors, and these entities reserve all rights to such Trade Marks. In addition, other content on the Site, including, but not limited to, the Software, images, pictures, graphics, photographs, animations, videos, music, audio, and text, streaming services and event footage (the "Site Content") belongs to toutou or one of its group companies and/or its licensors and is protected by copyright and/or other intellectual property or other rights. You hereby acknowledge that by using the Services and the Site you obtain no rights in the Site Content, or any part thereof. Under no circumstances may you use the Site Content without toutou's prior written consent or in accordance with any legislation applicable from time to time for the protections of the Intellectual Property of toutou.


MODIFICATION AND AMENDMENT


You fully understand and agree to be bound by this Agreement as modified and/or amended by toutou from time to time. toutou reserves the right to amend this Agreement or any part thereof at any time. If we make such modification and/or amendment we will place a notice of such change on the Site. It is your responsibility to check these Terms & Conditions and the Privacy Policy from time to time to ensure that you agree with them and your continued use of the Site will be deemed to be your acceptance of any amendments and/or modifications to the Agreement. Any bets placed prior to the time of amendment and/or modification will be subject to the pre-existing Terms & Conditions. Any bets placed after the time of amendment and/or modification will be subject to the changed Terms & Conditions. If any modification is unacceptable to you, your only recourse is to terminate this Agreement.

GENERAL CONDITIONS OF USE - YOUR REPRESENTATIONS AND WARRANTIES

As a condition of use of the Services, you warrant and undertake that you shall not use or access the Site, Services, Software and the Information for any unlawful purpose under any law that is applicable to you or that is prohibited by or in breach of the Agreement. In particular (and in addition to all other representations and warranties set out in the Agreement) you warrant and undertake as a condition of use of the Services that:

By agreeing to the above General Conditions of Use, should your activities pertain to criminal or suspicious conduct, toutou reserves the right to report you to the federal or local authorities without prior notice or explanation.


ACCOUNT REGISTRATION


You are required to complete the application for the opening of an account and membership as set out on Site.

You agree that you are required to provide us with certain personal details about yourself (including details regarding your methods of payment) for the purpose of using the Services. Our control of the information provided by you shall be subject to our Privacy Policy.

You undertake that you will provide full and truthful information in respect of all details and information provided by you to toutou. You are obligated to update such details in the event of any change thereto. To confirm your name and address toutou reserves the right to confirm such data by post and to correspond by post.

Your account must match your true and legal name and identity and the name on your account registration must match the name on the credit card(s) or other payment accounts used to deposit or receive monies in your account.

We reserve the right to reject your registration without reference to you or without assigning any reason thereto and without liability to you. Where account registration details are found to be inaccurate, misleading or incomplete, toutou reserves the right to close the account, returning monies deposited to the same funding account but voiding any wagers placed.

TERMS UNDER WHICH BETS ARE ACCEPTED



SETTLEMENT OF TRANSACTIONS


To use a credit or debit card, the cardholder's name must be the same as the name given in the registration process. toutou reserves the right to withhold settlement of any transaction should there be discrepancies between the cardholder's name and the name given in the registration process.

You are responsible for paying all monies owed to toutou and/or other members. In respect of any payment made by you, if we suspect that you have engaged or attempted to engage in fraudulent, unlawful, dishonest or improper activity whilst using the Site, including without limitation, engaging in game manipulation using stolen credit cards, or any other fraudulent activity (including any chargeback, other reversal of a payment, or money laundering) toutou shall be entitled to take such action as it sees fit, including immediately blocking access to the Site, suspending and/or closing your account, seizing all monies held in your toutou account and sharing this information (together with your identity) with other online gaming sites, financial institutions, relevant authorities and/or any person or entity that has the legal right to such information. toutou may also take legal action against you. Any expenses incurred by toutou shall be claimed from you.

In accordance with the governing laws of this agreement all online gambling debts are enforceable by law.

The maximum amount that can be won by one customer in any one day of betting, regardless of the stake, is USD$500,000 or its equivalent in an accepted currency.

Winnings are exclusive of bet amount. Where selections taken from different categories are combined in multiple or accumulative bets the lowest maximum winnings limit will apply.

Should funds be credited to your account in error, it is your responsibility to notify toutou of the error without delay. Any winnings subsequent to the error and prior to the notification of toutou, whether linked to the error or not, shall be deemed invalid and must be returned to toutou.

WITHDRAWAL OF MONEY FROM YOUR ACCOUNT



Your winnings will be credited to your account and may only be withdrawn in accordance with our Terms & Conditions and upon provision of a copy of valid photographic identification and/or credit/debit card to our satisfaction.

We will not release your funds under any circumstances if the full value of your deposit is not played through in full.

Withdrawals of money from your account may only be made in the same currency in which deposits were made.

All bank charges that toutou incurs arising in connection with any of your betting transactions shall be reimbursed by you. toutou is entitled to deduct and offset the foregoing from the winnings payable to you or from your account as the case may be.


DORMANT ACCOUNT



Your toutou account will be categorised as a Dormant Account if there is no transaction performed for a continuous period of 6 months since your last account login date.

If your account remains dormant for a continuous period of more than 18 months since your last account login date, toutou reserves the right to transfer the remaining funds in your account as a donation to nominated charity(ies) and good causes, and to close your account.

Prior to closing your dormant account, toutou shall use all reasonable means to contact you.

BONUSES



Bonuses may only be used in the Games as may be specified when the Bonus is offered to you. Acceptance of any Bonus shall be in accordance this Agreement.

You are not entitled to withdraw any Bonus amounts and you may not take cash to fund your account without first complying with the applicable terms including, without limitation, in respect of any qualifiers or restrictions.

toutou reserves the right, without any liability to you or any other party, to withdraw or modify such bonuses or promotions and/or the specific terms and conditions governing the same at any time.

DISCLAIMERS AND LIMITATION OF LIABILITY



Any participation in the Games is at your sole option, discretion and risk. By playing the Games, you acknowledge that you do not find the Games or Services to be offensive, objectionable, unfair, or indecent in any way.

Some legal jurisdictions have not addressed the legality of online and offshore online gambling while others have specifically made online and/or offshore gambling illegal. We do not intend that anyone should use the Site and/or the Services where such use is illegal. The availability of the Services and the Site should not be construed as an offer, solicitation or invitation by us to use the Site in any country in which such use is illegal. It is your sole responsibility to ensure that at all times you comply with the laws that govern you and that you have the complete legal right to use the Site and the Services.

Under no circumstances, including negligence, shall toutou be liable for any damages or losses, without limitation, that are deemed or alleged to have resulted from or caused by the Site or its content, including without limitation delays or interruptions in operation or transmission, communications, lines failure, any person's use or misuse of the site or its content, or any errors or omissions in content.

toutou disclaims any and all warranties, representations and responsibilities in respect of any aspect of the Services, the Site and the Information, which may be provided by third parties, including but not limited to information and telecommunication providers, and shall not on any account be liable for any default, breach or inaction of such third party partners.

Under no circumstances, including negligence, shall toutou, our related corporations, affiliates, partners, officers, employees and agents be responsible or liable for any damages, losses or expenses, including without limitation direct, indirect, consequential or special damage or economic loss arising from or in connection with your access or use of the Services, the Site, the Software and the Information, or your loading, installation or use of the Software regardless of whether toutou has been advised of such a possibility or not.

You acknowledge that part or all of the Information may be provisional in nature and may be subject to revision, change or modification, as provided in these Terms & Conditions. You therefore acknowledge that the Information is provided solely for reference and does not constitute advice or solicitation, and is not the subject of, and shall not constitute the basis of any binding representation, warranty, contractual obligation, or reliance on your part of any nature.

You hereby acknowledge and agree that all disclaimers and exclusions of liability contained in this Agreement represent a fair and reasonable allocation of the risks and benefits of the Agreement, taking all relevant factors into consideration, including without limitation the value of the consideration provided by you to toutou. You further agree that these disclaimers and limitations shall be enforceable to the extent permitted by applicable law.

If there is a discrepancy between the result showing on your Device and our server, the result showing on our server shall govern the result of the Game. Moreover, you understand and agree that (without prejudice to your other rights and remedies) the toutou records shall be the final authority in determining the terms of your participation in the Games, the activity resulting there from and the circumstances in which they occurred.

toutou disclaims any and all warranties, expressed or implied, in connection with the Services which are provided to you "as is" and we provide you with no warranty or representation whatsoever regarding its quality, fitness for purpose, completeness or accuracy.

Regardless of our efforts to provide you with service of the highest quality, safety and security, we make no warranty that the Services will be uninterrupted, timely or error-free, that defects will be corrected or that the Services found therein shall be free from viruses or bugs.

toutou reserves the right to suspend, discontinue, modify, remove or add to the Services, temporarily or permanently, in its absolute discretion with immediate effect and without an obligation to provide you with notice and we shall not be liable in any way whatsoever for any loss suffered as a consequence or any decision made by toutou in this regard.

TERMINATION, ACCOUNT CLOSURE OR FORFEITURE



toutou reserves the right, in its sole discretion, to void any winnings and forfeit any balance in your betting account, to terminate the Agreement and/or to suspend the provision of the Services/deactivate your account if:

If the provision of the Services is suspended and/or your account is deactivated in accordance to the terms herein, the provision of the Services will only be reinstated and/or your account reactivated after the necessary rectification (if capable of being rectified) action has been taken by you and such rectification has been verified to our full satisfaction.

toutou retains authority over the issuing, maintenance and closing of user's accounts. The decision of toutou's management as regards to any aspect of your account, use of the Services or the Site, is final and shall not be open to review or appeal. We therefore reserve the right to close your account at any time for any reason. We will give you reasonable notice before doing so, unless circumstances dictate that we legally or practically cannot do so.

BREACH OF AGREEMENT AND INDEMNITY



Without prejudice to any other rights, if you breach in whole or in part any provision contained herein, toutou reserves the right to take such action as it sees fit, including terminating this Agreement, immediately blocking your access to the Services and the Site, terminating your account with toutou, seizing all monies held in the relevant toutou account and/or taking legal action against you.

You agree to fully indemnify, defend and hold harmless toutou and its shareholders directors, employees, officers, licensees, licensors, affiliates and subsidiaries from and against all claims, demands, liabilities, damages, losses, costs and expenses, including legal fees and any other charges whatsoever, however caused, that may arise as a result of:


PRECEDENCE



The Game rules and any other terms and conditions governing the use of and access to the Services and the Site shall form an integral part of the Agreement.

In the event that there is any conflict between the provisions of the Games rules, any other terms and conditions governing the use of and access to the Services and the Site and the Agreement, unless expressly provided otherwise, the Games rules shall prevail.

GOVERNING LAW



The Agreement and any matters relating hereto shall be governed by, and construed in accordance with, the laws of the Isle of Man. Each party irrevocably agrees that the relevant courts of the Isle of Man shall have the exclusive jurisdiction in relation to any claim, dispute, or difference concerning the Agreement and any matter arising therefrom and irrevocably waives any right that it may have to object to an action being brought in those courts, or to claim that the action has been brought in an inconvenient forum, or that those courts do not have jurisdiction.

MISCELLANEOUS



The English language version of this Agreement shall be the prevailing version in the event of any discrepancy between any translated versions of this Agreement.

If a provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect the validity or enforceability in that jurisdiction of any other provision hereof or the validity or enforceability in other jurisdictions of that or any other provision hereof. 

The headings in this Agreement are for convenience of reference only and do not affect the construction or interpretation of any provision.

If toutou fails or delays the performance of any obligation under the Agreement due to the reasons of the occurrence of events which are beyond toutou's control, including, but not limited to Acts of God, Government restrictions, wars, insurrections, transmission or system failures, failure or interruption in the provision of telecommunications or broadband services and failure or shortage of power supplies or equipment, such failure or delay does not constitute a breach of the Agreement.

Neither failure nor delay on the part of toutou to exercise any right, remedy, power or privilege hereunder shall operate as a waiver thereof, or of the exercise of any other right, remedy, power or privilege.

toutou reserves the right to assign this Agreement, in whole or in part, at any time without notice. You may not assign any of your rights or obligations under this Agreement.

Nothing in this Agreement shall create or confer any rights or other benefits in favour of any third parties not party to this Agreement.

Nothing in this Agreement shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship or joint venture between toutou and you.

This Agreement constitutes the entire understanding and agreement between toutou and you regarding the Services and the Site and supersedes any prior agreement, understanding or arrangement between toutou and you.

Last updated on 1st October 2015 00:00 (GMT -4)