by Lush Drive
31/05/18

Intro & definitions

 

Welcome to the most boring part of Lush Drive! We tried to make our terms and conditions halfway digestible, but we may need to update, amend, edit and supplement the rules at any time. This is work in progress.

 

Any substantial amendment to the rules will be notified in advance by Lush Drive (that’s us) to our Members (if you’re reading this, that’s you) before coming into effect, and will require your consent.

 

Side note: we don’t always talk about ourselves at the third person, but when we do, it’s 10 pages long. 😉

 

If you don’t like the amendment(s) made, we’ll have to ask you to stop using our services. No offense, really. We know we can’t please everyone, that’s just how life goes.

 

Also, all references in these T’s & Cs to the singular includes the plural and vice versa, and all references to “the” includes “a/an” and vice versa. You’re welcome.

 

An Account Holder is an individual having a contractual relationship with Lush Drive. Meaning someone who created a Lush Drive account on the website. Usually a human, although on the Internet, nobody knows you’re a dog.

 

A Lush Drive Account is a fancy way of referring to an account held by an account holder (above) for bona fide transactions, with a strict aim to establish a normal commercial relationship with Lush Drive and its community, and with the strict purpose of conducting betting and other gaming and gambling transactions.

 

The Contract is the contractual relationship between Lush Drive and an account holder and shall be constituted under and governed by the Lush Drive rules, aka the “Terms and Conditions” (“T’s & C’s”).

 

The Website is the Internet gateway accessible through (you guessed it) the Internet address lushdrive.com where all current and relevant info regarding Lush Drive operations is published, and through which the services are provided to the account holders.

 

The Services are the gaming and betting offers provided by Lush Drive to the account holders through the website.

 

A Card refers to all types of cards with a function of payment, charge, debit, credit, virtual and/ or similar.

 

A Payment Solution Provider is an intermediary acting as a payment agent for various payment methods.

 

A Financial Institution is a bank and/ or other institution regulated by an applicable domestic financial services Act or similar.

 

Force Majeure refers to an occurrence or condition beyond one’s reasonable control which leads to a delay or default in the performance of the affected party’s contractual obligation. Your dog eating your homework when you were still in school was probably force majeure, even though your teacher didn’t buy it. It shall include, in this case, Acts of God (no comment, that’s legal stuff), government restrictions (including the denial or cancellation of any necessary license where such denial or cancellation is made through no fault of the affected party), wars, outbreak of hostilities, riots, civil disturbances, insurrections, acts of terrorism, fire, explosions, floods, theft, malicious damage, strikes, lockouts, and /or any other cause beyond the reasonable control of the party whose performance is affected.

 

Client Application means the web browser app opened by the account holder to use the services.

 

Software means all software used by Lush Drive to offer and /or operate the services and /or run the client application.

 

A Prize is an amount, a bonus or a reward which can be won by the account holder.

 

An Inactive Account is a Lush Drive account which has not recorded any login and /or logout for a period exceeding 12 consecutive months.

 

All trademarks, service marks and trade names as well as images, graphics, text, concepts or methodologies (collectively “Intellectual Assets”) found on the website, the client app and the material contained therein are the exclusive property of Lush Drive and /or Lush Drive’s suppliers and partners. The account holder isn’t entitled to exploit or otherwise use any Intellectual Asset for whatever purpose, except for what is allowed by law.

Account rules

 

Creating a Lush Drive Account

 

You can play for fun as much as you like, but members can’t play for money unless they are an account holder. To be registered as a member, you have to register personally and submit an application for registration. The following info has to be provided:

  • Date of birth. You need to show valid ID proving that you are over eighteen (18) years of age or the applicable legal age for majority in your jurisdiction of residence. ID docs which can be submitted include a valid ID card, passport or driver’s license.
  • Player’s first and last name;
  • Player’s valid email address;
  • Player’s valid phone number;
  • Country of residence;
  • A username and a password.

 

Kids can’t register as players and can’t hold a Lush Drive account, so if you apply to become an account holder, you warrant and represent not to be under the age of eighteen (18) years. We reserve the right to request additional proof of age and perform additional checks to verify the info provided. A Lush Drive account may be suspended until satisfactory proof of age is provided. Better safe than sorry!

 

In addition to the above, if you apply to become an account holder at Lush Drive, you warrant and represent:

  • To be a human being (legal entities will not be accepted)
  • Not to be a resident of a country in which betting and gaming are prohibited;
  • Not to be restricted by limited legal capacity;
  • Not to be acting on behalf of another party;
  • Not to be classified as a compulsive problem gambler and /or be included (voluntarily or not) on any register or database of excluded players;
  • Not to be depositing monies originating from criminal and /or other illegal activities;
  • Not to be depositing monies through a card which the account holder is not authorized to use and /or using a card in a jurisdiction in which betting and gaming are prohibited;
  • Not to be conducting criminal activities whereby a Lush Drive account is directly or indirectly involved;
  • Not to use the services if it is illegal in your country of residence or otherwise restricted from you to open a gaming account, purchase or use services from Lush Drive and /or participate in the games offered. It’s your responsibility to ensure your use of our website and services is legal in your country;
  • Not to find our website or services offensive, objectionable, unfair nor indecent,
  • To maintain your Lush Drive account details up-to-date in terms of the following: first and last name, country of residence, email address and phone number.

 

If you apply for a Lush Drive account, you acknowledge and accept:

  • All definitions and stipulations as stated under these T’s & C’s;
  • The T’s & C’s as currently published on the website, as well as any possible future changes made to the rules;
  • That the contract is governed by:
    • The Lush Drive Rules (T’s & C’s) are published in English;
    • Any regulatory provisions or other decisions made from time to time by the Governing Authorities;
    • The Governing Law of the Place of the Contract.

 

General rules

 

Betting rules

 

So many rules… Every time downloading the client’s application, regardless of the use of the media resource (via Internet or mobile services), by opening an account and using an existing account, betting or participating in any games, taking any prize, you confirm your agreement with the current version of the Rules and the obligation to act in accordance with these Rules.

 

Anytime you download the client, register an account, use an existing account, bet on any games, take any winnings, etc., you are marking your agreement and obligation to act in accordance with the current rules.

 

Lush Drive has the right to make any changes and additions to the rules set forth herein, the provisions and procedures of payments without an individual prior written notice. Members are notified about this with appropriate announcements. The conditions of previously staked (placed) bets remain unchanged, and bets which are accepted are subject to the posted rules at the time of acceptance.

 

Lush Drive reserves the right to refuse service to any person without disclosing the reason(s).

 

Using the site in general

 

We don’t bear any responsibility for any losses or damages claimed as resulting from the use of this site or from its content. This provision equally applies to the use or misuse of the content of the site by any person, inability to access the site or use it, to delay in functioning or transmission of data, failures in communication lines, any errors, misprints or omissions in the content of the site.


Loading photos and video from the website or its sub-sites is permitted only for private use. Publication, transmission or reproduction of this data for any other purpose is not cool and strictly prohibited.


We actively monitor traffic of our website and reserve the right to block access in cases of suspected automated betting (sorry robots, we said humans only; your time will come).

 

Registering for an account

 

Only registered members can participate in our bonus and rewards programs. To register, the member must fully (and accurately) fill in the registration form.

 

Did we mention registration and betting is allowed exclusively to people over 18 years old (or the allowed age range in the given country from which the user has opened a deposit and made bets)?

 

Members have complete responsibility as to dealing with the legality of Internet gambling in the region where they live and/or for providing the appropriate authorities of their country with information on winnings. We reserve the right to require proof of age and block the member’s account before receiving the appropriate documentation.

 

All information provided during the registration must be accurate and complete. In particular, when using credit or debit cards, the cardholder’s name and surname must match the name and surname indicated in the registration form, otherwise the account will be blocked. All bets made before locking the account are recognized as valid.

 

Lush Drive reserves the right to block the accounts of members who have reported false data, as well as to deny them the payment of any winnings. At our request, the member must present an official document with a photograph, identifying his identity (such as a passport copy) and also proof of authenticity of the indicated address data and telephone.

 

Each member can have only one account. Registered members cannot re-register as a new client with a new name or a new email address. In case of violation of this rule, the company has the right to void all bets made by the member.

 

The member has no right to permit any third party use their game account.

 

Please note that you should not send us the details about your credit card account or other sensitive financial information via an unencrypted email. Ever. If someone ever asks you, it’s probably not us. We wouldn’t do that to you.

 

We do allow all our members to choose their own combination of username and password. Unless the username you want has already been taken, obviously. Then your out of luck. You should keep such information secret. If your username and password are entered correctly while accessing the site, all bets remain in force and cannot be canceled or changed by you. If you suspect that someone other than you knows your password, change it immediately on our website. If you’ve forgotten the password or a part of it, please send a request to Live Chat for a new password and follow the instructions.

 

Members who place their bets in Lush Drive via a mobile should remember that Lush Drive is not responsible for any loss of data in the mobile phone of the member, and is not responsible for any commission of mobile and Internet operators. By registering, the member confirms that he accepts and agrees to these Terms.

 

About bonuses

 

All bonuses of members are limited individually to one person, home address, telephone number and email address, one bill of payments (such as by card number), as well as the computer being used (including the institute, Internet club if that’s still a thing where you live, and other public institutions). We have the right to refuse a bonus to any member or group. Bonus programs are available only to members who have made a deposit in real currency (including crypto) to their account in Lush Drive.


In case of violation of any requirement of the bonus programs, and also if there is any evidence of conspiracy, regardless of the result of the given bets, Lush Drive reserves the right to deprive members from a bonus and to consider the corresponding bets as invalid. For the purposes of protection against fraud, we have the right to demand a document from the member proving identity before transferring a bonus.

 

Deposits

 

Available methods of payments are determined by the country and the currency selected during registration. A complete list of fees, limits on them and other items is displayed on the Deposits and Withdrawals page. Lush Drive reserves the right to change these terms and details.

 

A confirmation receipt is sent out to members’ email address upon every deposit, for future reference purposes.

 

When conducting any financial transactions, it’s necessary that the name of the owner of the debit/credit card or bank account exactly match the name of the owner of the appropriate account of Lush Drive. In short, you can’t gamble using someone else’s money (or credit). Otherwise, Lush Drive reserves the right to cancel all transactions and make a return on all bets made while using someone else’s account or credit/debit card.

 

If any funds have been transferred to a member erroneously, the member is obliged to notify us immediately. Any winnings arising from such an error shall be considered invalid, and such bets are refundable, regardless of the delay between the origin of the error and the time it was seen.


If the deposits to the account were made for any other purpose than bets, poker and casino (particularly in case of suspected fraudulent money turnover), Lush Drive reserves the right to cancel a deposit and collect from the member all costs incurred as a result of processing the deposit.

 

Payments & withdrawals

 

If the member’s deposit exceeds the bet’s amount, at the member’s request for withdrawal Lush Drive reserves the right to charge the member all costs incurred as a result of processing deposits and withdrawals.

 

Payments are processed in a time not exceeding 72 hours starting from the moment that the request was approved. Before the first payment can be made to the member by electronic payment methods (credit or debit card, etc.), the member is obliged to attach an electronic copy of a passport to the Verifications section to confirm their identity. Remember that forgery is really bad and severely punished by law, and in cases of suspicion of placing a counterfeit or an edited copy of the documents by electronic methods, Lush Drive reserves the right to send such documents to the appropriate regulatory authorities.

 

Before making the payment, our customer service rep will verify the correspondence of the name, surname, birth dates of the member as well as other data. If differences are found between the actual data and the data provided by the member, Lush Drive reserves the right to make a refund for all bets by the member and refuse to pay out winnings to the member unless they prove the identity and accuracy of entered data.

 

If it turns out that the member has opened several accounts at Lush Drive, we reserve the right to refuse to pay out for these accounts, except the member’s assets legitimately transferred to the account at Lush Drive. That is after payment of a fine in the measure of 10% of the total amount of deposits. Lying is expensive, so don’t do it.

 

In the first order for a withdrawal in cash, the member must enter valid passport details exactly as in the passport in the language of the country that issued the passport (or in the case of foreign passports – in English).

 

Group and family members should regulate personal relationships with each other – payments are made only in the name of the owner of the appropriate account. We don’t care if you’re the sister, husband, half cousin or identical twin, it won’t fly. Even if your own mother can tell you apart.

 

The member agrees to provide Lush Drive with information about his bank account from which the bets will be made in particular, in order to transfer his winnings.

 

Lush Drive is not responsible for changes in the amount of payments related to fluctuations of currency (exchange rates). Especially not cryptocurrencies. That’s at your own risk.

 

If the member has requested a withdrawal of 1,000 USD or more (or the equivalent in another currency at the interbank rate), Lush Drive pays a commission on the transfer and subsequent operations of withdrawals in the given calendar month. Otherwise, the commission is paid to the bank by the member.

 

We reserve the right to select the method of payment for withdrawals requested by winning players (including credit/debit card or to the player’s bank account).

 

Before ordering the first payment, the member must bet on at least 50% of their deposit amount. This requirement was introduced to combat fraud and money laundering by gamblers (not ours specifically, just historically speaking).

 

Financial limitations

 

Maximum stake per bet must be equal or smaller than the last deposit amount.

 

Over a 24-hour period, the maximum winnings of each individual member is 100,000 USD (net winnings, without counting the amount of set money).

Placing bets

 

The member is the only person responsible for their bet. Once a bet is made and its acceptance is confirmed, it cannot be changed or canceled by the member. Lush Drive doesn’t provide any guarantees with respect to the “lost” or “double” bets made by members. Please carefully check all the bets you’ve made. And don’t chargeback on your card because you believe you should have won, that’s the worst possible thing you could do.

 

Loss of your password cannot be a reason for the withdrawal rates or cancellation of the request for payment of winnings, meaning: keep your password safe, don’t tell anyone and take your precautions please.

 

A bet is accepted as soon as it is confirmed by us. All accepted bets are displayed in your “History”. In some cases, there may be a delay until a bet is listed in your history. In case of any dispute, the time when the bet was registered in our system is considered to be its true submission time. If you didn’t receive any notification about the acceptance of bet, the rate is still considered to be accepted if it is displayed in the “History.”

 

Failures of communication or other technical failures in customer communications aren’t a valid reason for the cancellation of a bet if the bet has been registered in the server.

Restrictions

 

We live in a world full of ill intentioned people. Money launderers, bonus hunters… This is why Lush Drive has the right to refuse bets from any member without giving any reason and reserves the right to close or temporarily block the accounts of members without prior notice.

 

We also reserve the right to impose special restrictions on the accounts of individual members. Fear not; if you haven’t done anything wrong, it’s unlikely to ever apply to you. These measures are here to prevent bad stuff from happening, so keep it cool and so will we.

 

Because we take our precautions to avoid the bad stuff, we also don’t recommend two or more users to place bets from the same IP address (same computer or LAN). That’s to avoid suspicion of collusion (cheating). In such cases, it’s necessary to reconcile the possibility of the game with us by explaining the circumstances. We have the right to block the account of such a member and ask them to send the documents verifying their registered ID.

 

Winnings are paid only within the limits set. If the member has made a bet and the winning exceeds the maximum, we won’t pay any amount of money exceeding the maximum limit.

Obvious and technical errors

 

Sh*t happens. We aren’t responsible for errors in typing, transfer or counting of bets. In particular, we reserve the right to correct obvious errors made while entering information on return to player, volatility, betting coefficients and/or calculation of the amounts at the bets. In the cases of correcting obvious errors, bets are returned. The right to determine whether or not an obvious or a technical error was made in any case belongs exclusively to Lush Drive.

 

We’re not saying it happens a lot, but the most common types of technical errors are the following:

  • We reserve the right to abolish the bets made on deliberately incorrect coefficients and obvious errors. Affected members will be informed about changes in their balance immediately.
  • In cases when, due to technical reasons, the member’s bets were not provided with the necessary amount of funds in the account, the bets are considered invalid.
  • In case of mistakenly having credited the means to the member’s account, the latter shall immediately notify Lush Drive about the mistake. If, due to an error, a negative balance has been formed, we have the right to cancel the uncalculated bets, despite the fact that they were made before the error occurred.
  • We reserve the right to oblige the member to liability for any damage caused to us if the member used a technical or administrative error intentionally when making a deposit and/or during the receipt of money on the account.

 

Bets on credit

 

It’s kind of obvious, but Lush Drive doesn’t accept any bets or provide services to members on credit. All bets must be confirmed with funds existing in the account of the member. There’s no getting out of this one.

Calculation of bets

 

All operations on accounts are made in USD unless the member asks to have an account set up in another currency. At the moment, doing so requires reaching out to customer service through Live Chat, email or phone.

 

Currently, members have the right to place bets in the following currencies: EUR, GBP, AUD South African Rand and USD. Lush Drive reserves the right to block the reception of bets and operating activities in any of the indicated currencies. In this case, all the necessary payments on the accounts of blocked currency would be held in another currency equivalent at the interbank exchange rate for that day.

 

More legal stuff

 

We’d like to take a moment to state explicitly that bet placement and betting organization, as well as participation in sports betting, multiplayer poker, game in casinos and games like lottery may be restricted by law or even prohibited in some countries.

 

Such restrictions or prohibitions may be imposed even if the company obtained the necessary permission (license for betting or organizing gaming) to place bets and betting organizations.


Members should note that if the placement of bets or participation in sports betting, multiplayer poker and games such as lotteries is prohibited or permitted only under certain conditions, which aren’t followed, the responsibility for any damage caused by this rests solely with the member.

 

We know, it sounds rather harsh, but we can’t possibly keep up with every and all regulations, at all times, for all countries.

 

The member must also take note that Lush Drive isn’t required to provide members with information, instructions and warnings in a wider range than in the present paragraph. In particular, we’re not liable for damages suffered by the member due to the violation of the relevant legislative prohibitions functioning in his/her country.


We said it before, but we’ll say it again, by rating or participating in the games, the member confirms that s/he has reached the lowest age of consent limited by law of his country and confirms her/his capacity to enter into the agreement with us. In case of non-fulfillment of these requirements the member’s account will be closed and necessary measures will be applied.


The member agrees that her/his personal information provided to us during betting, casino games and games such as lotteries, as well as in any other game is stored and used by automatic means.

 

If you’ve registered on websites which belong to us more than once and/or you have more than one account, we have the right to block all the accounts at our discretion and to leave only one account corresponding to your country of residence. By registering, you confirm the exclusive intellectual property of the our regulations, as well as the system controlled by them.

 

We reserve the right to inform members about special promotions and new products by telephone and email.

 

Legal relations between the member and Lush Drive are a subject to laws of Malta and are regulated by it with the exception of the appropriate legal rules of international private law. The place of performance of all obligations at betting and gaming, as well as at the appropriate bets, is Malta. All disputes arising over or regarding bets made by members are resolved if it does not contradict the law, by the court in Malta, having the relevant territorial and subject matter jurisdiction. Have you ever been to Malta? It’s such a beautiful place.

 

Also, we don’t provide members with any advice (consultation) on tax matters and/or legal matters.

 

No disputes about the bets can lead to a lawsuit, legal action, as well as claims on licenses if the company complies with the provisions of arbitration.

 

In case of any claims and disputes from members’ side and people representing their parties, our liabilities are limited by the size of bets or its possible winnings.

 

In case of any disputes or claims, Lush Drive’s database has priority over any other data.

 

If there is discrepancy between the English version of these rules and the translation into another language, the English version is considered to be the correct one.

 

Lush Drive does not hold members’ funds in segregated or separately protected bank accounts. It is important for the member to understand that deposits of Lush Drive are not in banks and no interest is accrued upon them.

 

Privacy of our members’ data

 

Have a look at the Privacy Policy page for the whole thing, this is just a quick reminder. You’re responsible for maintaining the confidentiality of any information related to your account and need to take all measures to prevent the use of personal accounts by unauthorized people. Any operations confirmed by the username and password of the account holder shall be valid and have legal force.


If you suspect that your username and password are known to a third person, you have the right to send a request to Lush Drive to block the account temporarily for all circumstances to be made clear.

 

To ensure the security of personal data of members, Lush Drive communicates with members via the email indicated by them during registration, as well as occasionally by telephone, also using the number indicated by them during registration.

 

As a member, you’re responsible for maintaining the confidentiality of any information related to your email and need to take all measures to prevent the use of email address by third parties. We’re not responsible for any loss or damage resulting from the connection between ‘a member’ and us using the member’s registered email address.