Terms & Conditions

1. Introduction

1.1. These terms and conditions ("T&Cs") govern your access and use of the Sites operated by GAIN Voting, ("GAIN Voting"; "we") and constitute a binding agreement foreween you, as a registered Customer and GAIN Voting.

2. Definitions

2.1. In this T&Cs, the following terms shall be understood as follows, unless the context clearly implies otherwise:

"Account" means the voting account created by a Customer upon registration, where all votes are settled;

Voting rules refer to the rules available on the sites, containing the rules for the different votes offered;

"Customer" or "you" means any natural person who uses the Services offered by GAIN Voting;

"Services" means all those voting and winning opportunities on the outcome of sporting events, particularly horse racing and other horse performance tests, which are offered by GAIN Voting to its Customers via its Sites;

"Site(s)" means any GAIN Voting-run online voting platform, including but not limited to gain-voting.com and all of its subdomains as well as mobile device applications;

3. General terms of use

3.1. By ticking the checkbox during registration, you acknowledge that you have read, understood, agreed to comply with, and be bound by these T&Cs in their entirety. This t&Cs will remain valid and binding until termination. You are advised not to accept that T&Cs and refrain from using the Services, should you disagree with any of our T&Cs.

3.2. From time to time, we may need to carry out material changes to these T&Cs for any reason, including by way of regulatory requirements. We will inform you before these changes enter effect by not later than two weeks before the effective date of such proposed changes. A shorter notice period might apply to address any other changes to be made to these T&Cs, such as changes necessary to address a previously undetected fault that leads or potentially might lead to abuse, fraud or other unlawful activity. You will be required to reconfirm the acceptance of the T&Cs before the expiry of the notice period, as otherwise your account might be suspended.

3.3. We are not obliged to inform you about changes that are beneficial to you or do not affect your rights and obligations, such as reordering of terms. However, we strongly recommend that you review that T&Cs via the link available on our Sites on a regular basis.

3.4. If you deem any proposed modification or new condition as being unacceptable, you have the right to terminate this agreement. If so, you must refrain from using our Services offered via our Sites and close your Account prior to the expiration of the stipulated notice period, following which any subsequent use of our Services shall be deemed to constitute your acceptance of such modifications or new conditions.

3.5. You acknowledge that the use of and participation in any of our Services are at your sole discretion and risk. We also reserve the right to restrict access to all or certain parts of the Sites with respect to certain jurisdictions.

3.6. This t&Cs and the Voting Rules may also be published in languages other than English for reference only. We will use our best endeavors to ensure that all language versions convey the same principles. In the case of discrepancies between the English version of this T&Cs and a version in any other language, the English version shall prevail.

3.7. We consider these terms fair. Please contact our support service should you require further information or assistance regarding this T&Cs or any of our Services. However, we are unable to assist you with any queries related to the legality of participation in remote gaming from any jurisdiction in which you might be at any point in time.

3.8.Unless otherwise stated, monetary values on the Site and in these T&Cs are given in ADIL.When an account is registered under another currency than ADIL, for any amounts such as limits and thresholds that are not stated in such currency but in ADIL the currency equivalent shall apply.

3.9.We strongly advise you to go through our voting rules before accepting to be bound by these T&Cs.The Voting Rules, apart from providing other information, explain the types of votes that can be placed, including special votes, and contain information on races with starting prices and descriptions of winning limits and replacement odds for horse voting.We reserve the right to amend the voting rules from time to time.

4. Registration and Verification

4.1. To use our service, you must first open an account using a wallet connecting Metamask with ADIL Chain V2 Mainnet installed. Upon opening an account, you acknowledge

1. You must be at least 18 years of age or any such higher minimum legal gambling age as stipulated in the jurisdiction of your residence. Please be aware that underage gambling is a criminal offense;
2. Only natural persons may open an Account with us, and each Account is intended exclusively for personal use and shall not be used for commercial purposes;
3. You guarantee not to access the Services or Sites from a jurisdiction where voteting/voting and gambling are prohibited and that you are not a United States citizen or reside in the USA or any other country where laws prohibit the use of our Services. Any votes placed from within any such jurisdiction or deemed as having originated from within any such jurisdiction shall be voided. You are advised to seek legal advice prior to registration to ensure that any use of the Services is not contrary to the laws of your jurisdiction in any way. It is your responsibility to know if your gaming activity is legal in the country or territory in which you are playing. We shall not be held responsible or liable in any manner should you fail to comply with national or regional laws;
4. You are solely responsible for the record, payment and certification obligations of any fees, taxes or charges payable on winnings from the Services in your jurisdiction, vis-à-vis the competent authorities or any other authorities or agencies whether government or otherwise.

4.2. We reserve the right to request copies of certain documents upon registration or at any other point in time to confirm your age and for verification purposes, which documents include:

1. A valid photo identity card, driving license, passport, and/or registration certificate and any other confirmation and evidence that you have attained the legal gambling age in your country;
2. Bank references and statements that may be requested to verify your bank account information and/or card details;
3. Utility bills not older than 6 months or alternative documents allowing us to confirm your residential address.

We reserve the right to take additional measures and request additional documentation to verify your identity. We also reserve the right to perform enhanced due diligence whenever we deem it necessary. If such evidence is not provided to us or upon knowledge or suspicion that any of your transactions might be related to money laundering or funding of terrorism, we shall not proceed with such transaction and shall have the right to close such account and disclose details of the transaction to the relevant authorities. Transactions are monitored and suspicious transactions are reported to the relevant competent authorities in the relevant territory pursuant to applicable anti-money laundering provisions.

4.3. GAIN Voting shall refrain from registering any individual upon becoming aware or upon reasonable suspicion that the individual has provided false information. Where that individual has already been registered, GAIN Voting shall immediately close that account. In such cases, GAIN Voting will not be contractually bound toward that individual and will therefore not must honor its contractual obligations toward that individual.

4.4. All mandatory personal information will be stored and retained in accordance with the applicable laws and our policies.

4.5. It is your sole responsibility to keep your personal data and login details such as username and wallet address confidential and secure. You are advised to refrain from disclosing your login details to anyone for your security. The security of any personal computer or device on which your account is accessible is your sole responsibility. We are not responsible for any unauthorized use of your account.

We cannot be held responsible for any abuse or misuse of your login details by third parties by way of your disclosure of your login details to anyone, whether accidental, intentional, active or passive. We also cannot be held liable for changes to an account balance due to someone else placing votes using your username and wallet address. Any access to your account using the correct username and wallet address will be considered by GAIN Voting as valid and deemed as having been made by or taken by you. If you do disclose your login details to anyone for any reason whatsoever or if you suspect that your login details are known to any third party, you are hereby advised to immediately and without undue delay notify us so that new login details may be issued.

4.6. We reserve the right to refuse the registration of any individual for any reason at our sole discretion. Any contractual obligations already made will be honored

4.7. Each individual may register only one account. The opening of several accounts by the same person shall not be allowed. Where we have reasonable grounds to suspect that any two or more registered accounts are linked, including whether they are linked to the same IP address, pattern of use, proximity of transactions, common bank details or address or otherwise and that our Services are being abused, we shall be entitled to close the Accounts.

5. Account

5.1. Each account has a running balance resulting from various transactions such as deposits, withdrawals, bonuses, stakes, winnings, refunds, and fees. Alleged transaction errors must be communicated to GAIN Voting within 14 working days. After this deadline, the transaction shall be deemed as having been accepted by the Customer. Should an Account unexpectedly show a negative balance, the Customer shall undertake to immediately deposit the necessary funds, provided that this does not result by way of an error on our part.

5.2. Should an account be incorrectly credited or debited, you must immediately report this to us. Any amount erroneously credited to an account shall be repaid immediately. Similarly, any amount erroneously debited to an account shall be refunded immediately. You must refrain from using any amounts erroneously credited to your account for voting, withdrawals, or similar. All transactions paid from such an account balance can be declared invalid. The parties shall undertake to indemnify each other for incorrectly credited or debited amounts depending on the origin of the error.

5.3. The account is operated using the token you have chosen upon registration. In such cases, you will see the equivalent value of the stake in your account currency. The same exchange rate used upon placement of the vote shall also be used for all subsequent transactions related to that voting slip (winnings, refund, etc.), regardless of whether the exchange rate has already changed at the moment of such transactions.

5.4. No loans shall be granted. Placing a vote requires an account balance at least equal to the total stake.

5.5. GAIN Voting is not a financial institution and shall not vote as such. The account balance shall not accrue interest.

5.6. Funds cannot be voteransferred from one account to another. It is prohibited to sell, transfer, and/or acquire funds from other customers.

6. Deposits

6.1. We offer the following deposit methods:

1. ADIL (ADIL Chain V2 Mainnet of Metamask)
Min. 1 ADIL

Deposits are usually credited in real-time.

6.2. We do not charge any fees for deposits.However, you will be responsible for the transaction fee yourself. Please check the transaction fee on Metamask.

6.3. Deposits shall only be allowed through any means of payment registered personally in your name. In pursuance of anti-money laundering provisions, a deposit shall only be issued to the same wallet address that was used for the initial deposit. Evidence of the personal registration of the payment means must be provided upon request.

6.4. It is unlawful to deposit money from ill-gotten means.

7. Withdrawals

7.1. The withdrawal of your balance in whole or in part, can be requested at any time via the Site. In pursuance of anti-money laundering provisions, withdrawal shall only be issued to the same wallet address that was used for the initial deposit. Evidence of the personal registration of the payment means must be provided upon request.

7.2. Upon receiving a withdrawal request, we shall insofar as practicable pay you via the payment method to which you requested the withdrawal within 24 hours. However, we reserve the right to pay you using one or more different payment methods.

7.3. Certain charges, which are indicated on the Site, may be deducted from the withdrawal amount. Specifically, these are:

1. A withdrawal fee of 0.01 ADIL will be charged for each withdrawal.

7.4. Should a Customer request a withdrawal without having used the initial deposit in full to place votes, GAIN Voting shall be entitled to deduct a processing fee from the payment equal to 10% of the original, unused deposit amount. We reserve the right to restrict the withdrawal of funds not used for placing votes and to investigate withdrawal requests with the relevant authorities.

8. Placing votes

8.1. Without prejudice to any other requirements in these terms, upon placing a vote, you acknowledge

1. You have full knowledge of the voting rules, in particular that you have taken note and accepted the winning limits;
2. You are fully aware that you may lose the full stake and that, in relation to all votes besides fixed odds votes, the odds shown on the Sites are projected starting prices and therefore the calculation of any effective winnings might be based on different odds;
3. You hold no information on the vote outcome, nor are you involved in any manipulation scheme, or know of anybody that could influence the outcome of one or more of the voting events;
4. You have full knowledge of the danger of gambling addiction and that you have not been banned by any other private or state gambling or voting organization or been banned on any other grounds;
5. You are voting on your own behalf as an individual and not on behalf of or in cooperation with others. Especially votes for the account of or on behalf of bookmakers or voting agents shall not be allowed;
6. You are not prohibited or restricted from using the Services;
7. Our employes consultants, partners, and employees of affiliated companies or other gaming operators and agents shall not be eligible to use our Services.

8.2. We reserve the right to limit or refuse any vote made by you through your account at any time. We are not obliged to give the reasons for doing so but will make reasonable efforts to give reasons where possible.

8.3. We reserve the right to suspend any voting market at any time. In such cases, we shall respect any obligations already accepted and confirmed.

8.4. Should a voting type be unexpectedly not offered by the data provider and should no replacement odds come into consideration, such bets shall be deemed void and the stake refunded.

8.5. The voting contract is concluded upon the acceptance of an offer by GAIN Voting and the receipt of a ticket number. The electronically stored vote in the GAIN Voting database shall prevail to determine the validity and content of the vote. GAIN Voting shall not be liable regardless of the reason for any unplaced votes due, for example, to technical errors. In particular, this applies to data provider votes that could not be placed due to technical problems despite Customer's confirmation. In this case, the stakes shall be refunded to the Customer, eventually after the race is over. No customers winning claims against GAIN Voting shall be allowed.

8.6. Upon vote placement confirmation, you undertake to fulfill the contract and refrain from its revocation or rescission. You cannot unilaterally cancel a vote and therefore withdraw from the voting contract once this has been concluded.

8.7. Upon vote placement, the account shall be debited with the corresponding amount.

8.8. All odds displayed on the site are displayed in the format chosen in the Gain Voting settings.This might be decimal odds. E.g., a decimal winning odd of 1.33 for a 10 amount stake yields a payout of 13.3 return.

8.9. You shall be solely responsible for your own vote selection.We will not be held liable for any wrong or incomplete race data unless this arises out of gross negligence or willful misconduct on our part.

8.10. We are not obliged to provide further information such as the race category and distance. However, if additional information is provided by the data provider, this may be added and will not affect the settlement of votes. The same shall apply to all types of statistics and other information data.

8.11. If your device malfunctions or the internet connection is lost after the vote has been submitted and received on our system, the vote is accepted and will be considered as having been validly placed. In the case of doubt, you may always check in the account section of the Site if a voting slip you submitted was received and accepted.

8.12. The placement of votes or other use of the Services via software other than the one provided by GAIN Voting or via any other automated system shall not be allowed.

8.13. Any entitlements a Customer derives from a vote shall expire if not claimed within three months after the last event included in such voting slip has been run.

9. Winnings

9.1.Winnings are automatically credited to your account.

9.2. In the event of suspected manipulation of voting or racing, we shall suspend the payout for such race until the competent court or authority determines whether the voting or race were indeed manipulated. In the absence of judicial clarification, we will only refund the stakes.

10. Errors

10.1. Upon becoming aware of any erroneous information provided by you and which you refuse to rectify upon having been requested by us to do so, we shall cancel all or selected votes, exclude you from further voting, and lock your Account.

10.2. If a technical glitch causes our system to calculate and pay out a higher amount than should be paid or erroneously causes the confirmation of a vote, we reserve the right to cancel all the votes accepted containing such an error; or to correct the mistake made by re-settling all the votes at the correct odds/terms; or to remove all funds from the Account that were incorrectly credited as well as any winnings subsequently won by using the incorrectly credited funds.

10.3. If there is an obvious error in the fixed odds, such as a shifted decimal place, thevote shall be deemed void and the stakes refunded.

13. Account Suspension and Closure

11.1. GAIN Voting shall be entitled to suspend or close an Account at any time and exclude a Customer from further use of the Services, without notice in line with clause 4.4 and any other provision in these T&Cs and/or upon suspicion of fraudulent, abusive or other illegal activity through the use of the Services.

11.2. You may close your account at any time and for any reason by notifying us accordingly. We will endeavor to respond swiftly to such request by not later 72 hours. You acknowledge that you will remain fully responsible for all activity on your account until this has been closed from our end. This agreement shall automatically be considered terminated once the account has been closed.

11.3. Subject to clause 13.4 below, upon closing, all outstanding balances in the accounts shall be paid to the Customer. The payout of winnings on votes that were not evaluated upon account closure shall take place separately once such votes have been settled.

11.4. Upon closing, GAIN Voting shall be entitled to withhold the funds in an account undergoing an audit process

1. Investigate an alleged breach or non-compliance of these T&Cs by the Customer, including suspicion from our end that the Account was associated with fraudulent or other dishonest or illegal activity; and/or
2. Adhere to a request or instruction from a state agency, a regulatory authority, or law enforcement agency or when this is required on legal grounds.In any such case, GAIN Voting shall not withhold funds for any period longer than is necessary to carry out and conclude its investigation or as required by law or by a state agency, a regulatory authority, or law enforcement agency.

11.5. Upon closing an account, GAIN Voting will retain personal information with the account history for another five years for legal reasons.

11.6. Furthermore, we shall be entitled, if formally required by the police, gambling regulators, tax authorities or other authorities, or should the Customer provide us with insufficient appropriate identification information in accordance with our own internal processes or those imposed by regulatory authority procedures (regardless of their location), to suspend his Account and all functionality relating to the use of his Account (e.g., voting management and funds withdrawal) and to withhold the funds in his Account during the examination of criminal or other legal matters or investigations relating to such request, or until the Customer provides the necessary information for proof of identity or age verification, as required. No interest shall accrue on the funds held in the Accounts at any point in time, including during such period.

11.7. In the case of death or incapacity of a Customer, the heirs or legal guardian shall be entitled to close the account. Any remaining balance shall be voteransferred to the same payment means used to deposit. If this is not possible, the remaining balance shall be deposited to the bank account of one of the heirs (with the consent of the other heirs) or legal guardian, whichever the case may be. For this purpose, the heirs/legal guardian shall submit a written request enclosing the medical or death certificate and other documentation proving that the person submitting the request is the true heir/legal guardian of the deceased or incapacitated.

12. Complaints

14.1. Complaints and suggestions can be made through support in your account. Complaints should be promptly notified to GAIN Voting to enable it to deal with the complaint at its earliest. It is equally important to inform GAIN Voting promptly should you become aware of any defects or discrepancies in the Services offered, whether these impacts you or otherwise. This will enable GAIN Voting to immediately tackle such defects or discrepancies to both your benefit and to GAIN Voting' benefit.

12.2. In the event of a discrepancy not governed by these T&Cs, GAIN Voting shall seek to resolve such disagreement in accordance with the principles of good faith under our internal complaints procedure.

12.3. We will endeavor to supply a final answer within 10 days of the receipt of your communication. Where the nature of the inquiry is such that more time is necessary to complete it, such period may be extended by a further ten days, You shall be informed within the first ten days from the date of receipt of the complaint, should this period need to be extended.

12.4. If you remain dissatisfied with the resolution of such a complaint by GAIN Voting, you may also lodge a complaint with one of our governing bodies or Alternative Dispute Resolution adjudicators:

12.5.Your complaint must contain clear and unequivocal information about your identity and must include all the relevant details that promotedthe complaint.

12.6. You acknowledge that in the event of any dispute, we may disclose certain documents to legitimate third parties, such as law enforcement and regulatory authorities and court. Such documents include detailed transaction records of the account and any other documents confirming your identity. This information may be disclosed to these legitimate third parties as we may deem necessary or if it is required at law or by a legitimate authority.

13. Privacy policy

13.1. Our privacy policy contains detailed information about the use and management of your personal data. The privacy policy is part of these T&Cs. Upon the confirmation of the T&Cs, the customer confirms that he has read, understood, and accepted the privacy policy. We advise you to read our Privacy Policy prior to accepting to be bound by these T&Cs.

13.2. You hereby authorize us to adopt all necessary measures in line with the applicable laws that we deem necessary at any time for the specific purpose of verifying your identity and credibility through third parties.

13.3. You acknowledge that you shall hold us harmless for the publication of personal and non - personal data provided that such publication is in accordance with our privacy policy and/or these T&Cs.

13.4. Your personal information will not be disclosed to any third parties unless such disclosure is necessary for the processing of your requests in relation to the use of the Services offered via our Site or unless it is required by law. Seeing that our business partners or suppliers or service providers may be responsible for certain parts of the overall functions of the Site, personal information may be disclosed to them. By agreeing to these T&Cs, you hereby give us your consent to use business partners, suppliers, and other service providers to verify the data you provide us and to disclose to them all necessary data to perform such verification.

13.5. For information on what personal information we collect, how we use it, and to whom such information can be disclosed, please refer to our Privacy Policy.

14. Limitation of liability

14.1. Our liability shall be limited to the damages directly caused by our gross negligence or willful misconduct.

14.2. No liability shall be assumed for transmission or misprint errors. GAIN Voting shall be entitled to correct obvious errors (wrong race data, exchange rates, incorrect winning calculations or transactions, etc.) at any time without incurring liability. No liability shall be assumed for the race data provided on our Site since such data may be drawn from third party locations for whose accuracy we are not responsible. We will not grant any compensation for any incorrect data, unless gross negligence or willful misconduct is proved.

14.3. GAIN Voting shall not be liable for the transmission of votes whenever the votes placed cannot be properly forwarded on grounds of force majeure (e.g., connection errors, technical problems at the device).

14.4. No liability shall be assumed for any indirect damages or consequential loss, including damage caused by criminal acts of third parties (e.g., theft).

14.5. GAIN Voting shall not be liable for damages caused by events of force majeure, other external factors (fire, water, strikes, riots, etc.), or other events for which GAIN Voting is not responsible. Furthermore, no liability shall be assumed for accidental malfunctions or failures of technical devices used by GAIN Voting. In these cases, the customer is refunded of his vote and any further claims are excluded.

15. Intellectual property rights

15.1. GAIN Voting, the GAIN Voting logo, the Sites, all other trademarks, service marks or trade names used by GAIN Voting, and all the material of GAIN Voting' Services (including all software, texts, methods, concepts, pictures, graphics and the entire video and audio material) owned by GAIN Voting, including intellectual property rights, are protected by copyright. You acknowledge that you have no rights with respect to the trademarks or materials referred to in this clause and that no rights shall arise from the use of GAIN Voting' Services. It is expressly prohibited to use the trademarked brands without the prior consent of GAIN Voting.

16. Severability

16.1. Should any provision of these T&Cs be deemed invalid or unenforceable by a competent authority, the relevant provision shall be amended so that it can be enforced. The change shall be made so that the intent of the original text is preserved to the highest extent permitted by law. The validity and enforceability of the remaining provisions of these T&Cs shall not be affected.

17. Governing law and jurisdiction

17.1. This t&Cs shall be governed by the laws of the Philippines.

17.2. By accepting these T&Cs, you agree to submit to the exclusive legislation of the Site any eventual disputes arising out of or in connection with these T&Cs that GAIN Voting may determine at its sole discretion.

17.3. Nothing in clause 19 shall prevent GAIN Voting from appealing to the courts of any legislation invoking the corresponding suitable measures or protective measures, such as those available under the laws of this legislation.

 

Version 1.03

17th July 2023