Stake Casino - The player's unable to withdraw his money.

Stake refused to give me clarification on what terms they accuse me to have breached.

Dear d4n13n,

Thank you very much for submitting your complaint. I’m really sorry to hear about your issue with Stake Casino. I’m afraid, I will need more information regarding your problem. Please could you elaborate? I will be waiting for your reply patiently.

Best regards,

Nick

As you can see. Stake says that I’m not entitle to a reimbursement because they claim that I have breached their terms.

I want a clarification on when and what specifically in their terms did I not comply with.

I have asked Stake, won’t respond to my request so last result is for you to help me get an answer.

I want to make I clear, I do not have a balance available on my account and it is closed, and I think Stake holds some of that blame to that.

The terms of service I was playing under did not mention that Stake was restricted in Denmark.

I believe that this constitutes a violation of consumer protection laws, as I was not made aware of this restriction prior to signing up, If so I would never have signed up.

Therefore the deposited amount should be reimbursed.

I’m aware that this might not be anything you could help me with, since Stake don’t want to acknowledge that they made a mistake.

They instead claims that I have breached their terms and won’t clarify when and what specific in the terms was breached.

I need you to help me get Stake to clarify what terms they accused me to have breached, and when I breached them.

Hope this made more sense…

Dear d4n13n,

Unfortunately, the casino terms clearly states that Denmark is a restricted country. As you registered there, you agreed to those terms so you have to follow them. You can see it here under term 11. Prohibited uses: https://stake.com/policies/terms

As you have clearly breached the casino terms, the casino is not obligate to refund any lost balance.

Is there anything else we can assist you with?

Hi Nick,

That is not correct, the terms I signed up to and the terms that was active when I played did not mention that Denmark was a prohibited country.

The teos was first updated months after my account got closed. I got screenshots of the terms I played under and as you can see here it is stated nowhere.

This also still leaves my question unanswered, what specific in the terms are Stake accusing me of breaching?

I want to remind you that if Stake didn't leave out crucial information in the terms of service. Then I would never had signed up and deposited, so I wouldn’t have lost anything.

You could argue that well if I won then I would be happy and take it, but that’s not the case and I’m sure that if it was then Stake would accuse me of breaching their terms which is now updated and not let me withdraw my winnings, making it a win win situtation for Stake.

In comparison, other casinos have a much clearer and more transparent approach, some effectively blocking users from prohibited jurisdictions through IP verification before sign up. As the world's largest crypto casino, Stake has the means to prevent such incidents and should take responsibility for not providing accurate information before a user signs up.

In light of this, I respectfully request that Stake reimburse me for the lack of clarity in their terms of service.

Also in this complaint Stake gets to keep the players balance (Supported by you) after he won because they claim he breached the terms of service, then Stake should also reimburse me for my lost funds since they them self "breached" their terms by leaving out important information. Otherwise this is very one sided and their terms doesn’t mean anything at all.

https://casinoguru-dk.com/stake-casino-spilleren-er-blevet-anklaget-for-at-abne

I'm aware that you don't handle law and regulations but this is important to keep in mind.

European consumer law states:

European consumer law provides a number of protections for consumers in the European Union (EU). Under EU law, businesses are required to provide clear and accurate information to consumers, and they must not engage in misleading or deceptive practices.

In the case of online gambling, EU law requires that companies clearly state the terms and conditions of their services, including any restrictions on who can use their services. This means that companies must be transparent about which countries are restricted from using their services, and they must not engage in any practices that could be considered misleading or deceptive.

a1) I can confirm this, and Stake never mentioned in their terms that Denmark was a prohibited jurisdiction in the terms prior to signup, If so I would never have signed up. Also, I never breached the terms with this account

b1) This was months after my original account was closed and Stake ignored me for a long time. This account was only used to contact Stake.

c1) This was not used to harass the staff, but to gather evidence yes, this account was created after the new TEOS included Denmark as a prohibited jurisdiction, and as you can see in this attached screenshot, multiple support members didn't close the account even after I stated I was from Denmark.

These are all clause from the new and updated TEOS.

a) Clause 5.4, 5.6, and 11 - He was knowingly accessing our site from a restricted jurisdiction;

b) Clause 5.16 and 11 - He created multiple accounts for his own personal use.

c) Clause 9 of our Self-Exclusion Policy - He created multiple accounts after being permanently excluded from the site.

a) Previous Clause 1.2 - Stake may not be able to verify the legality of the Services in each jurisdiction and it is the User's responsibility to ensure that their use of the Service is Lawful; and

b) Previous Clause 4.5 - you are accessing the Service from a jurisdiction in which it is legal to do so, and your individual accessing of the service is not prohibited by any jurisdiction.

It was updated end December 2022 or start January 2023, Stake should refer to the TEOS prior to September 22 2022. And again some of these was never breached on the D4N13N account.

The following section is true, but the Terms was first updated months after my only account at that time was closed and this that account did not breach any terms.

Further, as per Clauses 2 and 16, Stake reserves the right to amend and change the Terms of Service without further notice and the User will be bound by such amended agreement. It is always encouraged that Users are up to date with the information found in our Terms of Service. The User has taken a snippet from the Terms of Service dated around March 2021 when he registered his first account, also found in the old Terms of Service are the following

Q for Stake:

1) Did I have multiple accounts prior to Sep 21 2022?

2) When was the TEOS updated and Denmark included as prohibited jurisdiction?

3) Did I ever deposit and play from new accounts?

I have many emails where I contacted Stake, they refuse to respond to these emails. And also here Stake tells me to start contacting their partners. So it's confusing.

Stake is known for not responding to complaints, last time they ignored my GDPR request for almost two months, which is against the GDPR law, and only with the help of Casino Guru I got a copy of my data.

Also, this is my messages to Stake messenger and here you can see they see my messages but doesn't respond, and does this look like harassing?

Here you have the Terms from before my D4N13N account got closed.

I'm so sorry that this has to escalate like this, I have contacted Stake so many times and they have ignored me all the time.

I can understand that Stake don't want to reimburse me because it's a hight amount, but I believe it's very wrong that they should profit on a mistake they made by not providing clear terms.

I'm not looking to profit from this, I only want what I shouldn't have lost.

I think it's very unfair that Stake is now trying to use terms breached on new accounts months after to not reimburse me on the old account which did never breach any terms.

Also, Stake have still not clarified terms did i breach on the D4N13N account

Actually Stake is providing a lot of irrelevant information which is dated months after the complaints focus. Can we please keep it to between 8. Marts 2021 and 21 September 2022 which is where I'm seeking reimbursement and clarification for.

I got a lot of mails after that date and Stake has threatened me with legal action so I think that is a whole other complaint/case, any information after my first account was closed shouldn't really matter since it's the first one Im seeking clarification on and those terms I agreed to and played under on that account.

And to answer these other accusations:

a) Previous Clause 1.2 - Stake may not be able to verify the legality of the Services in each jurisdiction and it is the User's responsibility to ensure that their use of the Service is Lawful;

a: My use of the service was lawful, I checked

b) Previous Clause 4.5 - you are accessing the Service from a jurisdiction in which it is legal to do so, and your individual accessing of the service is not prohibited by any jurisdiction.

b: Again, it's legal to access the service.

"individual accessing of the service is not prohibited by any jurisdiction." - This part is not included in the terms as you can see, and it is not even included in the new terms, so that's a lie by Stake

This also proves that Stake are wrong when stating the below, since the terms definitely wasn’t breached upon registration because it wasn’t updated there.

As per the above, the User has breached Stake's Terms of Service since registration and accordingly, it is our understanding that he is not entitled to a refund.

Im shocked that Stake are actually playing the victim here, I have done everything to work this out with Stake, initially I first request 1/4 of my deposits, but after looking further into the case and contacting authorities then I realized that I wasn’t at fault and Stake actually made multiple breaches to international laws.

And again, it is still stated nowhere prior to me signing up that Denmark was prohibited and it would have made a big difference, so can Stake please confirm this.

This is also part of why I feel that Stake is treating me very unfair, since I made it very clear that I was from Denmark in my signup process, I was not trying to hide anything and them not mentioning Denmark as a prohibit jurisdiction make me to believe that they where operating legally in my jurisdiction.

I also believe that Stake got you confused cause it was only recently that you change Stake from "Accepts players from Denmark" to "Doesn't accept players from Denmark"

After Stake stop communicating with me this was exactly how I felt, clueless, confused and angry, and it let me to want to investigate the issue further.

So I think is wrong for them to blame me for creating new accounts to contact Stake and email relevant authorities and partners to share awareness to prevent this from happening to others.

It's been a week since I answered all of Stake's accusations of breach to their Terms of Service, and nothing has happened, shouldn't we bring in Stake to either confirm or deny my answers?

I created a quick overview, with clear answers on all the accusations.

I requested a reimbursement from Stake, on my account with username D4N13N, the account was created the 8 Mar 2021 and closed 21 Sep 2022

Message from Stake:

We understand your case, but as explained to you, it is our understanding that you are not entitled to any reimbursement due to the fact that you breached our terms of service.

Stake never provided me with a clarification on which terms they accused me to have breached and this is why I created this complaint.

They have since provided me with the following reason stated below (a, b, c, d, e, f), and stated that Stake's Terms of Service was breached since registration

a) Clause 5.4, 5.6, and 11 - He was knowingly accessing our site from a restricted jurisdiction

• I did not know that my country was a restricted jurisdiction prior to creating my account with username D4N13N since Stake never mentioned it in their terms.
• This was first added to the terms after my account got closed.

b) Clause 5.16 and 11 - He created multiple accounts for his own personal use.

• D4N13N was the only account I had between 8 Mar 2021 and 21 Sep 2022
• This was first added to the terms after my account got closed.

c) Clause 9 of our Self-Exclusion Policy - He created multiple accounts after being permanently excluded from the site.

• D4N13N was my first account

d) Previous Clause 1.2 - Stake may not be able to verify the legality of the Services in each jurisdiction and it is the User's responsibility to ensure that their use of the Service is Lawful

• My use of the service was lawful

e) Previous Clause 4.5 - you are accessing the Service from a jurisdiction in which it is legal to do so, and your individual accessing of the service is not prohibited by any jurisdiction.

• It's legal to access the service from my jurisdiction
• "your individual accessing of the service is not prohibited by any jurisdiction" not included in terms.

f) Clauses 2 and 16, Stake reserves the right to amend and change the Terms of Service without further notice and the User will be bound by such amended agreement.

• The terms never included Denmark as a prohibited jurisdiction while I used account D4N13N
• Section "a" and "b" was first included in Terms after D4N13N account got closed

The User has taken a snippet from the Terms of Service dated around March 2021 when he registered his first account

• Stake confirms the Terms I provided was the one I registered under

Stake told me the reason for them not reimbursing me was because I breached their Terms, my answers makes it very clear that I never breach their terms with my account D4N13N which is the one im seeking clarification and reimbursement on.

All the answers can be made public, besides the on with my KYC information, and please hide the mail in Stake's response.

Dear Stake Casino,

Could you please advise what was the player's balance on his first account when it got closed? Was Denmark allowed at that time?

As per any other account, we consider it as breaching of terms from the player's side so we won't go further with it.

I made it very clear that I didn’t have a balance on my account when it got closed. But please look at the message that Stake sent me, they them self are mentioning that they would reimburse me my lost funds if I didn’t breached their terms. And this was sent to the mail connected to my account D4N13N

Stake not mentioning my country as prohibited jurisdiction lead me to believe they operated legally, they used this deception to use illegally practices to get me addicted and loose a lot of money which never would have happened if they didn’t provided misleading terms because I would not have registered.

I want to know Casino Gurus take on a,b,c,d,e,f, regarding my account with username D4N13N

Stake, can you also please answer these simple question with Yes or No:

1. Where there any mentioning of Denmark being a prohibited jurisdiction in the terms and conditions I signed up to on my account with username D4N13N?
2. Do you have any evidence that I breached your terms on my account with username D4N13N?
3. Would you refund me my lost deposits if the ECC-Net supports my case and believe I am entitled to a refund?

Dear Casino Guru,

We confirm the first account of the User, being "D4n13n", currently has the attached balance and this was the balance when the account was suspended as the User has not been able to withdraw any funds. At the time of writing this response, this total has a value of $4.36 USD.

In relation to the jurisdictional query, Denmark was NOT allowed at the time of account creation.

As mentioned in our previous reply and the clauses highlighted therein, it is stated that "Stake may not be able to verify the legality of the Services in each jurisdiction" and "you are accessing the Service from a jurisdiction in which it is legal to do so, and your individual accessing of the service is not prohibited by any jurisdiction."

We now have explicitly listed certain jurisdictions to assist customers in determining whether they are able to access the site (among other measures including geo-blocking), however it is irrelevant whether Denmark was explicitly listed at the time. In fact no country/jurisdiction was explicitly listed at the time (as seen in the User's posted screenshots), however that did not mean that access to our site was legal in every jurisdiction globally, nor can this be assumed or deemed as "deceptive". As reflected in multiple clauses in our Terms of Service, these terms were clear and not misleading in any way.

As per our Terms of Service, at the time and currently, it is the User's responsibility to ensure the above and as a result the user "D4n13n" was accessing our site in breach of the Terms of Service.

Kind regards,

In relation to the jurisdictional query, Denmark was NOT allowed at the time of account creation.

They here confirm that Denmark was a prohibited jurisdiction when I registered and they also confirm that this was NOT mentioned in the Terms at that time.

Stake may not be able to verify the legality of the Services in each jurisdiction

This does not absolve the company of its responsibility to comply with relevant laws and regulations, including those related to consumer protection, responsible gambling, and anti-money laundering (AML).

If they aren't able to verify the legality, then they shouldn't provide the service.

It is irrelevant whether Denmark was explicitly listed at the time. In fact no country/jurisdiction was explicitly listed at the time

Companies offering gambling services in Europe are required to comply with relevant laws and regulations, including those related to consumer protection, responsible gambling, and anti-money laundering (AML). This includes verifying the legality of their services in each jurisdiction and ensuring that they are not offering services to individuals located in prohibited jurisdictions.

Stake was founded in 2017, I registered in 2021. Are Stake here confirming that in the 4 years of operating, they didn't comply with European law and didn't even verify the legality but still provided it?

"you are accessing the Service from a jurisdiction in which it is legal to do so, and your individual accessing of the service is not prohibited by any jurisdiction."

Again, there is no law that prevents citizen of Denmark in accessing Stake, however it is illegal for Stake to operate and provide it's services in Denmark and targeting danish citizens like allowing them to see balance in Danish currency (see attached screenshot).

In other words, it was Legal for me to acces the site, so I didn't breach the terms.

As per our Terms of Service, at the time and currently, it is the User's responsibility to ensure the above and as a result the user "D4n13n" was accessing our site in breach of the Terms of Service.

It is ultimately the responsibility of the company to ensure that it is operating in compliance with all relevant laws and regulations, including those related to consumer protection, responsible gambling, and anti-money laundering (AML). This includes verifying the legality of its services in each jurisdiction where it operates and ensuring that it is not offering its services to individuals located in prohibited jurisdictions.

I accessed the site legally, I can't be responsible for Stake operating their company in prohibited jurisdiction and nowhere is it stated that they operating illegally would mean that I breached the Terms.

Stake Casino has denied my request for a refund on the basis that I breached their terms of service. However, after conducting a thorough review of the terms and conditions, I have determined that I did not breach any provisions and that Stake Casino is attempting to shift the responsibility to me in order to avoid fulfilling their obligations.

As a well-established casino that sponsors multiple high-profile sports teams, it is concerning that Stake Casino is operating in a manner that does not align with legal and ethical standards. This raises questions about their commitment to responsible and compliant business practices.

I strongly believe that Stake Casino should uphold their obligations and reimburse me for my deposits, as they have failed to operate in compliance with relevant laws and regulations. I urge them to reconsider their position and take the necessary steps to rectify this situation.

This complaint was made to get a clarification on what Terms Stake accused me of breaching, and currently I haven't breach a single one of the accusations provided by Stake.

Hi Nick,

Can you please look through Stakes accusations and my responses to conclude if I really did breach the terms?

If I didn't breached the terms (which I didn't), then this complaint should be closed as Unresolved until Stake contacts me and settles this matter with the reimbursement they say they would if I didn't breach the terms.

Furthermore, the ECC-Net is supporting my case. They wouldn't do that if they didn't believe that I have a legit claim on my deposits.

This might also be because the Terms provided by Stake was misleading, and deceiving me into believing that they where operating legally in my jurisdiction, them targeting Danish players by making it attractive to display your balance in Danish currency further strengthened my case.

Please keep in mind that I wouldn’t have signed up if they where clear in their terms, they deceived me to register by giving a false impression of them operating legally with the intention to provide gambling practices that is prohibited in my jurisdiction, as Stake haven’t acknowledged it as a mistake then it must have been intentional, which would be categorized as fraud.

Hi Nick,

It's been a month since this complaint was created and I understand you are busy and this might be confusing so I'm making a quick recap. Btw, the title is wrong, I never asked to withdraw the current balance of my account.

I asked Stake for a reimbursement of my deposits because I signed up under unclear terms that never stated that Denmark was a prohibited jurisdiction, I would not have signed up if they clearly stated Denmark was restricted, they used this to decieve me and using unfair practices not legal in my jurisdiction.

Below you see their answer to my complaint.

Dear Daniel,

We understand your case, but as explained to you, it is our understanding that you are not entitled to any reimbursement due to the fact that you breached our terms of service.

• Can we agree that this message clearly states that the reason for them not reimbursing me is because they believe that I breached their terms?
• Can we agree that I didn’t breach any of the terms stated earlier?

I understand that you support casinos when they allow users from a prohibited jurisdiction as long as they both know what they are signing up too, but do you also support them when they aren't making the users aware of the prohibition in their terms prior to signup, and later uses this against them as a breach of terms? It seems pretty unfair to me.

Dear d4n13n,

Based on all the conversation between you and the casino I would have to say that the casino is not obligate to return any balance to you.

As your first account had zero balance (so it means you deposited and lost it), then the balance is simply lost just as it would be in any other casino. You can't start looking for a reason for a refund after you lose the balance, you should have check if Stake was allowed or not in Denmark prior to that.

From that point on, any new account you created is a violation of the casino's terms so anything happening after that is not relevant.

In case you would have a remaining balance on your first account, we would require from the casino to fully pay it out to you but as it is not the case, there is nothing we can do.

I would recommend to play in a different casino as any other interaction with Stake would only support their side and it has been concluded in your previous complaints against them as well.

The complaint will be now closed as the casino is not obligate to refund any balance to you.

Best regards,

Nick

THIS DID NOT ANSWER MY QUESTION.... WHAT TERMS DID I BREACH?

you havent answered a single question og mine.

You guys are corrupt as fuck, in this case Casino can just fuck over all people!

Thank you for wasting my time while you get a payout from Stake.

Please delete my account and all my complaints!

I'd like to inform you that your Casino.Guru account will be now deleted as per your request.