Gxmble Casino - The player's requesting a refund of his deposits.

Hello

Gxmble offer gambling to danish citizens even thou their own t/c says that they are not allowed to do so:

3.7. Regulated Territories (only permitted to offer if receipt of a license from the local regulator which has been seen and approved by NetEnt): Belgium, Bulgaria, Czech Republic, Denmark, Estonia, France, Italy, Latvia, Lithuania, Mexico, Portugal, Romania, Serbia, Spain, Sweden, Switzerland, United Kingdom, United States of America.

------­---­---­---­---­---­------

Gxmble has also decided to ignore their own license providers set of rules, when they allow Danish gamblers to deposit and gamble at their site.

You can find the rules that their license provider has setup here:

https:­//w­ww.c­ur­aca­o-e­gam­ing.co­m/c­eg-­aca­dem­y/s­elf­-st­udy­-ch­apt­er-­a/t­err­ito­ry-­acc­ess­-an­d-a­liases

------­---­---­---­---­---­-------

Territory Access

The Operator is not allowed to offer B2C Services to any person that is residing in a Territory if this has been prohibited by any agreement with Third Parties, such as, however not limited to Payment Processors and Game Providers. It is the sole responsibility of the Operator to be aware of any limitations deriving from the said prohibitions to its B2C Services.

The Operator is obliged to arrange that persons residing in these prohibited Territories, shall not be able to view or access the Website. As a replacement, the Operator shall arrange for the display of a notification in such cases, explaining why the said person is not allowed to see the said Content.

The Operator shall at all times observe national as well as international rules and regulations that allow or prohibit display of Content, for which the Operator is solely responsible.

The Operator is required to Report, as an Incident, any notification of any Regulator stating that the Operator has allowed persons in a prohibited Territory to view or access the Website within one Business Day after the said notification has been received. Failure to do so or timely do so shall result in a Material Breach of the IP-Agreement. The Operator is obliged to respond to the Regulator that issued the notification, within the demanded timeframe.

------­---­---­---­---­---­---­---­-----

In Denmark, you must have a legal license to offer online games to Danes.

Look here:

https:­//w­ww.s­pi­lle­myn­dig­hed­en.d­k/­en/­lic­enc­e-h­old­ers­?fi­eld­_li­cen­se_­typ­e_t­arg­et_­id=­All­&p­age­=0&po­pulate=

and here:

https:­//w­ww.s­pi­lle­myn­dig­hed­en.d­k/­en/­ill­ega­l-g­ambling

Therefore its clear that gxmble should have bloked me from gambling at their site.

------­---­---­---­---­---­---­---­---­---­---­-----

I have been trying to contact them on chat the last 12 days , but eveytime I refere to this complaint, they simply ban me from the chat. I have also tried to reach out to them on mail. I got one reply, but when I told them about the set of rules from their license provider, they decided to keep silence. I have not heard anything from them the last 12 days

I have asked them to refund me the 825 euro that I should never have been able to gamble with. This 825 euro was deposited with 17!!! deposits within a few hours, and their system did not detect anykind of unsual activity - so many deposits within such a small timeframe is clearly a sign of gambling problems.

I have attached the emails that I have written to them and the one response that they have given me.

Hello flowplowlow,

Thank you very much for submitting your complaint and I'm really sorry to hear about your issue with Gxmble Casino. Please allow me to ask you a few more question before we would move forward.

Could you please advise if your account is already verified and is yes, since when exactly? Did you have any remaining balance on your casino account when it got closed? When was the last time you spoke to the casino and what was it about?

Please note that after checking the casino terms Denmark is not a restricted country:

If your country of residence has law regarding gambling, you, the player is responsible for it and not the casino. If they did not restrict your access to the website nor they mentioned Denmark as restricted, you are free to play there.

Looking forward to your answer.

Regards,

Nick

First of all; did you read this link?

https:­//w­ww.c­ur­aca­o-e­gam­ing.co­m/c­eg-­aca­dem­y/s­elf­-st­udy­-ch­apt­er-­a/t­err­ito­ry-­acc­ess­-an­d-a­liases

Here it is clear that it is the operator who must keep an eye on national legislation and not the player.

In their t/c they also write this:

3.7. Regulated Territories (only permitted to offer if receipt of a license from the local regulator which has been seen and approved by NetEnt): Belgium, Bulgaria, Czech Republic, Denmark, Estonia, France, Italy, Latvia, Lithuania, Mexico, Portugal, Romania, Serbia, Spain, Sweden, Switzerland, United Kingdom, United States of America.

Secondly; my account has never been verified, but they allowed me to deposit without a verified account. I have not even verified my e-mail.

I do not have any remail balance on my account. The account is closed.

Last time I heard from them was on 31 May. Since then I have e-mailed them about 10 times and everytime I enter their chat they ban me for the next 24 hours.

You told me that Denmark is not a restricted country. I can tell you it is; if you look at those links from spillemyndigheden.dk as I sent you in the first mail, its pretty clear that you need a danish license to accept danish customers. Thats also why alot of Curracao-licsened sites have started to block danish ip's.

Hello flowplowlow,

I would like point out that the casino has no license at all so no Curacao or Denmark legislation applies to it. Also the 3.7. Terms are not general registration or account creation terms but restrictions for NetEnt game provider which has nothing to do with accounts.

You can also see in our review that the casino has almost zero reputation. As they do not own any license, they are free to accept basically anybody and from that point it is only the player's responsibility whether they register there or not.

I wish I could help you out with your case but as a non-licensed casino, they are not regulated by any higher authorities.

They claim to have a license on their website.

I have decided to contact my bank for a chargeback

Hello flowplowlow,

In that case please contact the licensing authorities of the casino but unfortunately it would not change our point of view as if the casino did not state any restriction for your country within their term, you were free to register there and the casino has no reason to refund anything back to you if the balance is already lost.

Is there anything else we could assist you with like contacting the license or anything else?

Dear flowplowlow,

We are extending the timer by 7 days. Please, be aware that in case you fail to respond in the given time frame or don’t require any further assistance, we will reject the complaint.

So a casino can accept whatever nationality it want; also if their licenseprovider write something else in their rules? Im sorry, but I do not agree to that. I have wrote like 7 mails to gxmble about this complaint and got no replies at all. I have contacted their livechat multiply times, but everytime I connect to the chat, they ban me for the next 24 hours. And no, I have not been agressive at all. I have asked for an explanation, but they seems to deny giving me that.

Do you think that kind of behavior is acceptable?

Anyways, I sent all evidence to my bank who already has made a chargeback.

you can close this case

Hello flowplowlow,

If the casino is non responsive I would definitely not waste my time on that and would turn directly to the licensing authorities. We have to look at the casino terms and as I mentioned earlier if they do not state a country as restricted, you are allowed to play there. If they do not follow their license regulations, it is up to the license to deal with it and punish the casino but we do not have the authority to do it.

I hope the bank or the licensing authorities will be able to help you further.

Wish you best luck.

Regards,

Nick