Rules of Procedure

1. Scope and Purpose

The ABC-ADR Rules of Procedure govern the procedures applicable to the resolution of both domestic and cross-border disputes between consumers (players) and licensed gaming operators through an Alternative Dispute Resolution (ADR). The ADR mechanism serves as a free, fair, independent and impartial forum for resolving disputes without recourse to court proceedings.

2. Definitions

ADR Entity: A neutral body engaged in resolving disputes between players and gaming operators.

Consumer/Player: A registered player with a licensed operator.

Operator: A B2C gaming license holder.

Dispute: A disagreement relating to the operator's services, decisions, terms or conduct which is not resolved to the consumer's satisfaction through the internal complaint process.

Parties: The Consumer/Player and the Operator.

3. Eligibility and Admissibility of Disputes

Disputes are admissible when:

• The player has first attempted and completed a resolution via the operator's complaints process.
• The dispute is confirmed to be transactional or contractually linked to operator and is submitted within any applicable legal period from the date of the cause of the original complaint.

Disputes are inadmissible if:

• They are frivolous or vexatious.
• The consumer is under 18 or legally incapacitated and unrepresented.
• The dispute is already being or has been already considered by another competent court, ADR or adjudicating body and/or when the player is resurrecting a dispute which was terminated by another ADR due to lack of engagement or for reasons of conflict of interest.
• It falls a) outside the jurisdiction of the licensee, or b) is outside the acceptable parameters set by the Operator, or c) is outside the scope of the definition of a dispute, or d) is of a degree of high complexity which would render a court of law more suited for the dispute at hand.
• The dispute is brought by the Operator against the player.
• The Operator withdraws or is not registered with ABC-ADR.

4. Procedure for Filing and Handling Disputes

A. Submission

Players can submit, free of charge, a completed claim form via online platform or via email address provided on the site. This marks the start of the ADR process. The players are responsible for the completeness of their claim and to provide ABC-ADR with all substantiating documentation for a clear and in depth understanding of their claim.

Once the player has submitted a claim, the claim will be assessed for admissibility.

B. Acknowledgment and Admissibility

I) Acknowledgement of Receipt

ABC-ADR will always acknowledge a receipt to the player of his/her submission of a dispute.

II) Admissibility Assessment

Upon receipt of all required documentation, ABC-ADR shall proceed to assess whether the dispute meets the admissibility criteria under these Rules of Procedure.

A dispute may be declared inadmissible at the outset or may subsequently become inadmissible during the course of the proceedings.

If a dispute is deemed inadmissible at the outset or becomes so during the proceedings, the Player/Parties shall be notified of the determination in writing without delay, together with the reasons thereof.

Where a dispute is deemed admissible, ABC-ADR shall proceed with an independent, fair, and impartial assessment of the dispute based on the information and documentation provided by the Parties.

III) Registration and Assignment

Admissible disputes shall:

• be assigned a unique reference number; and
• be allocated to an adjudicator or adjudication panel.

The assigned adjudicator(s) shall notify both the Player and the Operator of the assignment within three (3) business days.

IV) Requests for Additional Information

ABC-ADR may request additional documentation, evidence, or clarifications from the Player where necessary for the proper assessment of the dispute. The Player shall submit the requested information within the timeframe specified by ABC-ADR.

The Operator shall also be given a specified timeframe within which to submit all documentation, evidence and related materials in support of its position.

C. Communication

All correspondence within the ADR proceedings shall be conducted in writing.

ABC-ADR generally operates on the principle of procedural transparency. Unless expressly classified as confidential information, correspondence within the ADR proceedings, including any submissions, evidence, reports and documents may be shared with both Parties.

Confidential Information, generally includes, but is not limited to, information relating to third parties, commercially sensitive information and confidential internal measures or compliance processes adopted by the Operator. This information will be treated as confidential by ABC-ADR and will not be disclosed to the other Party, unless as is strictly necessary.

I) Communication Channel During Proceedings

Once a claim has been formally accepted by ABC-ADR, all communications relating to the dispute shall be conducted exclusively through ABC-ADR.

The Parties shall refrain from directly contacting each other in relation to the subject matter of the dispute, during the pendency of the dispute proceedings.

II) Language of Proceedings

The language of the ADR proceedings shall be in English.

ABC-ADR may, additionally and at its discretion, accept claims and/or facilitate communication in additional languages, including French, Italian, German and Spanish. In the event of any inconsistency, the English version shall prevail.

It is the sole responsibility of the parties to provide and maintain ABC-ADR with an up-to-date correspondent email address for all or any notifications under these procedures. ABC-ADR cannot be held liable for any delays due to such default.

III) Contact Details and Responsibility

Every Party needs to provide ABC-ADR accurate and up-to-date contact details, including a valid correspondence email address for the purpose of receiving communications and notifications during the ADR process. Each party is solely responsible for this.

ABC-ADR shall not be held liable for any delay, non-receipt, or procedural disadvantage arising from a Party's failure to maintain accurate contact information.

D. Investigation and Determination

ABC-ADR assesses and clarifies the information and documentation provided by the Parties.

I) Scope of Assessment

ABC-ADR does not conduct independent investigations. Its determination is based solely on:

• the submissions and evidence provided by the Parties;
• the applicable contractual terms; and
• any relevant laws, regulations, and licensing standards.

II) Completeness of Submission

The completeness and timely submission of documentation by the Parties is of utmost importance and essential to the proper determination of the dispute.

ABC-ADR is not obliged to accept or consider documentation submitted from either Party after the expiry of the prescribed deadlines.

Where ABC-ADR determines that substantial documentation is missing in order to provide a fair decision, it may, at its sole discretion, request either or both parties to submit further documentation within a specific timeframe. Unless such an express request was made, no additional documentation submitted outside the prescribed timelines shall be taken into consideration.

III) Clarifications

ABC-ADR may, at any stage of the proceedings, request clarifications from either Party in relation to documents or submissions already provided.

IV) Failure to Cooperate

Where a Party fails to provide requested information or documentation within the timeframe specified by ABC-ADR, ABC-ADR may proceed to determine the dispute on the basis of the information available on record.

ABC-ADR shall not be liable for any consequence arising from a Party's failure to comply with procedural directions or requests issued under these Rules.

V) Mediation Sittings

At the sole discretion of ABC-ADR, in appropriate and exceptional cases, and upon the joint request of both Parties, ABC-ADR may, in the interest of efficiency and dispute resolution, facilitate non-binding mediation sittings.

Such mediation shall:

• take place online in a secure forum;
• be conducted under the supervision of ABC-ADR;
• be recorded by ABC-ADR; and
• have minutes prepared and retained by ABC-ADR.

Participation in mediation does not prejudice the continuation of the adjudicative process unless a settlement is reached.

E. Decision Timeline

ABC-ADR is committed to completing the process within 90 days from receipt of all documents by the parties. However, delays and complex issues may be grounds an extension.

The player will also have the option to withdraw from ABC-ADR proceedings at any time, provided written notice is given to ABC-ADR who will notify the operator within 48 hours of the player's withdrawal. Once withdrawn, the player may not reinstitute ADR proceedings based on the same dispute.

F. Outcome

The ultimate goal of ABC-ADR is to reach a timely and smooth amicable settlement between the operator and the player. The decision of ABC-ADR will include a summary of the dispute, legal basis for the decision, and actions to be taken by either or both of the Parties.

Outcomes are binding on the Operator. They do not however waive the player's right to seek further recourse to court.

The decision will be based on ABC-ADR's principles of fairness, impartiality and independence from the Parties. In order to render its decision, ABC-ADR will, non-exhaustively, make reference to the documents submitted by the Parties, the relevant legislation applicable in the licensee's jurisdiction, the Operator's terms and conditions and any applicable license conditions.

Every decision shall be taken by at least one independent expert adjudicator. Each expert shall be required to confirm their independence upon receipt of a competent claim.

The decision shall be communicated to both Parties and shall not be made public.

5. Representation

Legal representation is not mandatory. Players may be represented by a third party (lawyer, parent/guardian) provided that sufficient proof of representation is submitted.

Minors under 18 years of age and/or incapacitated players are obliged to be represented.

6. Confidentiality

The Parties must keep the details of the proceedings confidential. ABC-ADR will process data in accordance with local data protection laws. All reports, communications, documents and information received during the dispute proceedings will be kept confidential and ABC-ADR will not be required and/or compelled to produce the same in any third party competent adjudicating body, including any other ADR or Court of Law, saving the decision on the dispute.

Decisions may be anonymized and published for transparency.

7. Non-Cooperation

If the Operator fails to respond to requests made by ABC-ADR:

• ABC-ADR may decide based on available evidence.
• ABC-ADR may report non-cooperation to the relevant authorities.

If the Player fails to respond to requests made by ABC-ADR:

• ABC-ADR may decide based on available evidence.
• ABC-ADR may deem the claim inadmissible.

8. Fees

ABC-ADR is free of charge to players. Operators are subject to a fee structure agreed with ABC-ADR.

9. Reporting

ABC-ADR retains reports of all disputes. ABC-ADR may be required to periodically report on disputes to relevant authorities, including metrics on volume, resolution times, outcomes, and trends. Some jurisdictions impose this reporting obligation on the Operator. ABC-ADR facilitates this obligation of the Operator by providing timely statistics to the Operator with regards to dispute proceedings and outcomes submitted to ABC-ADR.

10. Legal Effect

Saving Article 4(f), the decision of ABC-ADR is final.

11. Certification

ABC-ADR is in the process of obtaining certification in Curacao.