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Spinia - Can not edit profile en cash out

Ruling

Found for the Casino - This player registered their account under entirely false details and as such has voided the contract they entered into.

Read our Spinia Casino Review.

Player's Complaint

Dear Sir Madam,

I report to you for a dispute following the submission of a decision from www.spinia.com. I was referred to you by the MGA who told me that the ADR provider for N1 Interactive Limited, spinia.com is The Pogg.com.

My dispute concerns the confiscation by Spinia.com of all my credits with the reason that my personal profile was incorrectly entered.

When registering, not all data was entered correctly.

My first name and address were incorrect. I tried to change this after logging in with the change button for this. However, this button did not work.

I contacted support with the request to adjust this based on ID with selfie, bank statements, letter with home address and my telephone number to contact me.

After a few days the answer was that my winnings were taken and only the last deposit can be refunded, 100 euros out of 1100 euros. My account then stood at a 1000 euro profit.

I was completely surprised and shocked because:

It was not based on any fradular act.

I was prepared on all fronts to submit my ID and prove incl. Telephone or skype etc.

I could deposit money and play with a profile error, but didn't pay, I would of course never have paid more if I knew that.

There is nowhere explicitly warned about this severe sanction in the notification.

It is written in the terms and conditions that efforts are made to call the person for verification see below passage from the terms and conditions.

I understand very well that an online gambling game has to restore serious fraud demands. But in my opinion it is a different story if an error in the profile has to be corrected in good faith. The General Terms and Conditions also provide ample room for this telephone verification.

I request that the situation be restored as it was. This can be done by transferring the credits that have been sorted to my account to pay out. Or restore the status of my account and adjust the personal profile with all data so that I can play again.

I have all communication from the casino support f but I can not attach. This can also be traced back to which account it is, [EDIT], e-mail. [EDIT].

Spinia.com has all my documents, bank cards, ID with selfie, mobile, etc. that I submitted earlier for verification. These are owned by Spinia.com.

I would love to hear from you and hope for a successful outcome and thanks for the mediation.

Greeting,

[EDIT]

Part form terms and conditions Spinia.com

USE OF PLAYER’S ACCOUNT

Until the account is fully verified, no cashouts will be processed. In case the provided phone number is incorrect, missing or false or the player will not answer the phone call, we reserve the right to confiscate your winnings and/or disable your user account. We will make reasonable efforts trying to contact you regarding the withdrawal of the funds, but if we are not able to reach you (by email or phone) in two (2) weeks, the funds will be retained by the Company, since you have failed to pass the KYC procedure. 

ANTI-FRAUD POLICY

If the player is suspected of fraudulent actions including but not limited to:

* participating in any type of collusion with other players,

* development of strategies aimed at unfaithful winnings,

* fraudulent actions against other online casinos or payment providers,

* charge back procedures with a credit card or denial of some payments made,

* other types of cheating,

* or is known to have gone bankrupt in the country of his residence

* providing incorrect information about personal data during registration

the Company reserves the right to terminate the user account and suspend all payouts to the player. This decision is at sole discretion of the Company and the player will not be notified or informed about the reasons of such actions. The Company also reserves the right to inform the regulatory bodies of such fraudulentactions performed by the player. 

The administration of the casino reserves the right to call its players if regarded as a necessary part of verification. The account will not be verified and the win will not be processed till the conversation with the manager came about (the call is realized via phone number provided at the player's account). In case the phone number is invalid or missing herewith possible fraud take place, casino reserves the right to terminate the account and confiscate the win

Read the casino review

10 Responses

User icon
ThePOGG
June 19, 2019

Hi volkje - welcome to ThePOGG.com!

As we are the ADR for the N1 Interactive Ltd license under the Malta Gaming Authority license there is certain information we have to provide you now.

You can find all the relevant information about this service here – http://thepogg.com/terms-of-use/ and the terms of use for our complaint service here - https://thepogg.com/terms-of-use-for-dispute-resolution-service/

To summarise.

– Use of this service does not preclude your seeking redress through court proceedings .

– This service is free to use for both the complainant and operator.

– At any point during the procedure the submitting party retains the right to withdraw their complaint. This does not preclude our right to continue the discussion with the involved operator of general issues related to the complaint (i.e. insufficiently clear terms and conditions).

– You are not obliged to obtain independent or legal advice or representation, though you may choose to do so.

If you have any questions about the above, let me know.

Moving on to your complaint specifically, I have significant concerns about your actions. The first name you provide for yourself is entirely different to that you claim to have registered on your account. This is not a typo or something that could have happened by accident. It is a totally different name.

Reviewing the Spinia registration terms we see the following:

"4. To be registered as a player, an individual must submit an application for registration and provide at least the following information:

date of birth (showing that the player is over eighteen (18) years of age);

first and last name;

registered address;

correct email address;

username and a password;

telephone number."

Given that you've not provided your first name your account could legitimately be considered not to have met the registration criteria.

I need you to explain why you entered a totally different name when registering your account?

Thanks,

ThePOGG

User icon
Vlokje
June 19, 2019

Dear Sir / Madam, Thank you for your quick response. I understand your question and will answer it as clearly as possible and truthfully. When registering with Spinia.com this was my first experience with playing online. In order to prevent my name from being visible to other players and to protect my privacy, it seemed wise to let me only change my first name. This was not wise. In my previous letter I also did not claim that it was a typo. When it appeared later in the registration that I could also assign a game name, I tried to adjust my personal profile because I understood that my given profile name would not be used as a game name. The change button that was intended for this within the Spinia.com interface did not respond. To correct this, I have proactively contacted Spinia with an ID and selfie and the request me if necessary. to call. I understand that you and Spinia.com want to strictly monitor the prevention of any form of fraud and I fully support this. However, what has taken place here has to do with inexperience with online gambling and this is not based on any bad will. It would be very stupid of me to knowingly make a mistake that would prevent me from losing my money. In retrospect, I am somewhat surprised that basic documents are not verified in advance when depositing funds instead of afterwards when paying out. This prevents misunderstanding. In addition, with all online crypto exchanges there is an ID check of any deposit in advance. Only then can the deposit be made. Such a procedure prevents such misunderstandings for inexperienced online players like me. I hope that based on this statement and arguments you give me the option to verify me with my personal ID with a telephone check (as Spinia often reads in the terms and conditions) or possibly with Skype, ID and selfie (which I already supplied). All documents prove that I am in good faith. This is a considerable amount of private money that hurts a lot. Hoping for a positive decision and with kind regards, [EDIT]

User icon
ThePOGG
June 19, 2019

Hi Vlokje,

Thank you for providing further information.

Did you contact the operator to change this information before you experienced a win?

Thanks,

ThePOGG

User icon
Vlokje
June 20, 2019

Dear ThePogg

After accessing my account I tried to adjust my profile with the change button. This button didn't work so I couldn't make the changes to my profile. Because I did have access to then transfer money and play, I assumed things were okay.

At the time of requesting payment, I was not on profit either. My deposit was still larger than the request to pay out. At the moment I discovered that documents had to be submitted to match the profile. If I had to do this directly for my deposit, I would of course not have made a deposit until my profile fully matched all the documents submitted. I then looked for how I could get in cotact with Spinia support.

In summary, I think it is completely clear that I have never operated in bad faith. I have been proactive in providing all kinds of evidence and have already tried to restore my profile immediately. However, as previously indicated, the change button did not work.

In my opinion, the purpose of the rules is to prevent and tackle fraud, and not to punish those who have good intentions, but perhaps because of the novelty of the game, not going through everything at once. The fact that you can play without a problem, but cannot pay after checking the profile is, in my opinion, somewhat confusing. I believe in the correct intentions of Spinia.com and that they are and want to be a reliable provider. I hope this also goes to new customers.

I would love to hear from you.

User icon
Vlokje
July 3, 2019

I was wondering if you already had the time to discuss the issue as we have been corresponding about, Thanks in advance. I would love to hear from you.

User icon
ThePOGG
July 19, 2019

Hi Vlokje,

I've now discussed this issue fully with the operator and unfortunately we cannot uphold your claim.

Contrary to your account, where you assert you entered an incorrect name due to being unsure whether this information would be displayed publicly, you also entered other significant information incorrectly that no-one would reasonably conclude would be displayed publicly. On this basis it is reasonable to conclude that you did not in fact enter false information due to concerns about the information being displayed publicly. Beyond this however, if you had concerns of this nature simply contacting support before registering your account would have rectified them.

Further to this, having reviewed your communication history with the operator you did not in fact "proactively" contact Spinia to address the incorrect information. This contact only occurred after you had won and were looking to withdraw at the point where you knew the erroneous information would present a barrier to withdrawal. This was by definition a "reactive" response intended to remove an impediment to you rather than a proactive response to try address an error.

Given the above we cannot agree that your actions can be viewed to be without intent or knowledge and would conclude that the operator are within their rights to enforce their terms in this instance.

ThePOGG

User icon
Vlokje
July 20, 2019

Dear Pogg Thank you in the first instance for your mediation and effort in my file. I am, however, very disappointed in the response. In all ways it seems that my arguments are not weighted and it seems that the course of events is somewhat one-sided. In my opinion, Spinia has a duty towards the player. Entering your answers. 1. It is true that more information deviates from my profile, but that is entirely consistent with the uncertainty as to whether privacy data would be treated properly and I have a need for direct mail to my home address. 2. Why am I not zooming in on the fact that I have proactively attempted to change my data but the edit profile button did not work? I also went through the procedure at Everum casino and could I change all my details after logging in? If this were possible, there would have been no problem. 3. Why is it possible to play with a not completely correct profile of documents but do not pay. That seems like randomness. This means that you can play for a huge amount of money and ultimately never pay out? In my opinion, an online game, and certainly in this industry, has an extra caution obligation towards the player. I don't think this is the case. I hope that Spinia still sees that there has been no abuse whatsoever. If Spinia does not want to comment on this, I will go to the investment company Betson and personally to [EDIT] who is in my network. I am convinced that this is a one-sided view by Spinia of the file and still hope a good collection. Greeting, [EDIT]

User icon
ThePOGG
July 20, 2019

Hi Vlokje, While I'm sorry to hear your opinion it does not change the outcome of this case. The simple facts are that you agreed to a set of terms and conditions when you registered. You very intentionally then provided information that you knew to be inaccurate in violation of this agreement. The explanation you gave - that you were concerned that this information would be publicly visible - does not bear scrutiny. Basic observation of the site demonstrates that player information is not publicly available and if you simply do not want an organisation to have your personal information you could simply opt out of engaging with them. By the point where you've provided your financial information you've provided information far more sensitive than information you doctored. Your claim that you've tried to edit your profile information to address this issue is also subject to question from the duel facets of there being a lack of any system record of such an effort, no other reports having been received of similar issue and the simple common sense observation that after intentionally providing inaccurate information what incentive would you have had to correct this prior to a win? Further to this, the profile edit button was far from the only avenue you could have pursued to correct this situation, with both Live Chat and email contact being available and of minimal inconvenience. For obvious reasons, verification of an account occurs before the operator makes any financial payments. It is the sending party that are responsible for knowing who they are sending money to. Further to this however, there are regulator defined limits at which point the operator are required to verify an account even if no payouts have been made. You did not pass those thresholds. The simple facts here is that you agreed to terms stipulating that you would provide accurate information. You did not do that. The operator are therefore entitled to void the agreement you entered into and reset both parties to pre-agreement conditions. We reviewed the situation with the operator to determine whether 'benefit of the doubt' or a 'good will gesture' was appropriate, but upon review concur with the operator that this would not be appropriate as the violation has clearly been of an intentional and not an accidental nature. In violation of terms you consciously chose to provide the operator with incorrect identity information and only at the point where you were financially disadvantaged by this action did you take reasonable efforts to attempt to correct it. The infringing actions in this situation were yours alone. As to Betsson and [EDIT], while it's interesting to hear you claim to know this individual personally this is of absolutely zero relevance to your case. Betsson are an entirely independent company to Spinia or their license holders. [EDIT] would have no authority to intervene in a complaint against any private business other than his own. I would also point out that this relationship would appear to be incongruous with your previous claim to be "inexperience[d] with online gambling". While it is not inconceivable that you could have some line of communication with this individual who you clearly respect and trust (based on raising his name as an authority in this conversation) without having any direct experience with online gambling, it does seem unlikely if that were to be the case that you would choose to play with an entirely unrelated company that you clearly have security concerns about as your first choice rather than opting to register with one of the Betsson owned properties? You also claim to have already engaged in similar practices with Everum Casino, demonstrating that you are not so inexperienced with online gambling not to understand the constraints that are applicable to registering an account with an online gambling operator. These two factors are significant when considering whether this was a mistake based on ignorance or an action taken with knowledge. I'm sorry you are unhappy with the outcome but there is nothing further we can do to help you. All I can suggest you do is not repeat this same behaviour in future. ThePOGG

User icon
Vlokje
July 21, 2019

Dear Pogg, What a bad situation I am now in. Anyway. I would really appreciate contacting Spinia one last time. I know through a friend that the change profile button is not working at this time. Perhaps based on this argument that it is not possible to make adjustments to the profile after it has been created, you can enter another strong argument. I would really appreciate this. Intentions were never wrong. A solution as a compromise might also offer a reasonable solution. Like to hear from you again! Greeting, [EDIT]

User icon
ThePOGG
July 23, 2019

Hi Vlokje,

I'm sorry but there is nothing further we can do for you.

As indicated above you need to ensure in future you do not enter false or misleading information when registering with businesses you intent to engage in financial transactions with.

ThePOGG

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Agreement

Vlokje consented for ThePOGG to act on their behalf and share the personal information that they provide to ThePOGG with the following agencies for the purposes of resolving their complaint:

  • Spinia
  • Malta Gaming Authority
  • N1 Interactive Ltd

June 19, 2019

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