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- 5 december 2018
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SALE AND PURCHASE AGREEMENT
The undersigned:
a. The Stichting Belangenbehartiging Gedupeerden Online Kansspelen, domiciled in Curaçao at the address Mgr. Kieckensweg 21, duly represented by its officer Mrs. Nardy L. Cramm, hereinafter referred to as ‘the Foundation’;
b. (Your name), residing in (country) at the address XXX, hereinafter referred to as ‘the Player’.
TAKING INTO CONSIDERATION
• That account holder XXX has played on the online casino XXX and that the current balance of his account at the casino is (approx.) XXX (currency). This balance is hereinafter also referred to as ‘the Claim’.
• That the casino did not properly fulfill its (pay out) obligations towards the Player.
• That next to (the operator of) the casino its director and the license issuer are held jointly liable for the claim of the player on the casino.
• That the director and license issuer is domiciled in Curaçao.
• That Player wants to sell the beforementioned claim to the Foundation.
AGREED UPON AS FOLLOWS
1. The Player hereby sells all his claims arising out of his playing at the casino XXX to the Foundation, including the claims on all the (jointly liable) debtors and including all ancillary rights. That the foundation hereby buys these claims.
2. The purchase price is equal to 65% of the current balance of the Player at the casino. The purchase price is only due if and when the outstanding balance has been collected by the Foundation.
3. The Foundation will vigorously try to collect the outstanding balance from the debtor(s) out of court and if necessary, in court.
4. The Foundation, and its lawyer, will keep the Player informed of the collection process.
5. The legal fees connected to the collection process are for account of the Foundation.
6. In case the outstanding balance will not be fully recovered by the Foundation, the purchase price will be lowered pro rata.
7. The Foundation will not make any settlement with any debtor in which not the full outstanding balance will be paid without prior consultation with, and agreement from, the Player.
8. In case the Player withholds his approval for a settlement in which not the full balance will be paid out, the Foundation is entitled to 35% of the amount of the proposed settlement from the Player, while the Player has the subsequent right to restitution of the Claim from the Foundation. As security for this payment obligation, the Player hereby pledges the Claim to the Foundation from the moment the Claim will be restituted to the Player. (Vide Article 3: 239 of the Civil Code of Curaçao.)
9. The Player will as from the moment of signing of this agreement refrain from further playing at the casino.
10. The claim will be transferred to the Foundation via separate ‘deed of assignment’.
11. On this agreement the law of Curaçao is applicable and the court of Curacao is competent.
Thus agreed upon and signed on XXX March, 2019.
Signature: ….................
The undersigned:
a. The Stichting Belangenbehartiging Gedupeerden Online Kansspelen, domiciled in Curaçao at the address Mgr. Kieckensweg 21, duly represented by its officer Mrs. Nardy L. Cramm, hereinafter referred to as ‘the Foundation’;
b. (Your name), residing in (country) at the address XXX, hereinafter referred to as ‘the Player’.
TAKING INTO CONSIDERATION
• That account holder XXX has played on the online casino XXX and that the current balance of his account at the casino is (approx.) XXX (currency). This balance is hereinafter also referred to as ‘the Claim’.
• That the casino did not properly fulfill its (pay out) obligations towards the Player.
• That next to (the operator of) the casino its director and the license issuer are held jointly liable for the claim of the player on the casino.
• That the director and license issuer is domiciled in Curaçao.
• That Player wants to sell the beforementioned claim to the Foundation.
AGREED UPON AS FOLLOWS
1. The Player hereby sells all his claims arising out of his playing at the casino XXX to the Foundation, including the claims on all the (jointly liable) debtors and including all ancillary rights. That the foundation hereby buys these claims.
2. The purchase price is equal to 65% of the current balance of the Player at the casino. The purchase price is only due if and when the outstanding balance has been collected by the Foundation.
3. The Foundation will vigorously try to collect the outstanding balance from the debtor(s) out of court and if necessary, in court.
4. The Foundation, and its lawyer, will keep the Player informed of the collection process.
5. The legal fees connected to the collection process are for account of the Foundation.
6. In case the outstanding balance will not be fully recovered by the Foundation, the purchase price will be lowered pro rata.
7. The Foundation will not make any settlement with any debtor in which not the full outstanding balance will be paid without prior consultation with, and agreement from, the Player.
8. In case the Player withholds his approval for a settlement in which not the full balance will be paid out, the Foundation is entitled to 35% of the amount of the proposed settlement from the Player, while the Player has the subsequent right to restitution of the Claim from the Foundation. As security for this payment obligation, the Player hereby pledges the Claim to the Foundation from the moment the Claim will be restituted to the Player. (Vide Article 3: 239 of the Civil Code of Curaçao.)
9. The Player will as from the moment of signing of this agreement refrain from further playing at the casino.
10. The claim will be transferred to the Foundation via separate ‘deed of assignment’.
11. On this agreement the law of Curaçao is applicable and the court of Curacao is competent.
Thus agreed upon and signed on XXX March, 2019.
Signature: ….................
