GENERAL TERMS AND CONDITIONS AS AMENDED ON 09.10.2020
PLEASE NOTE: PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE YOU ACCEPT THEM. THEN PRINT THESE TERMS AND CONDITIONS OF USE OUR AND KEEP THEM SAFE TOGETHER WITH ALL CONFIRMATION E-MAILS, SMS MESSAGES, ADDITIONAL TERMS AND CONDITIONS, TRANSACTION DATA, GAME RULES AND PAYMENT METHODS WHICH ARE RELEVANT FOR THE USE OF OUR SERVICES AND/OR THE FEATURES. THESE TERMS AND CONDITIONS OF USE MAY BE AMENDED OR MODIFIED AS DESCRIBED BELOW.
You accept to be bound by this contract by clicking on 'Submit' or 'I Agree' and/or by using the Facilities (as that term is hereinafter defined). After You (as that term is hereinafter defined) click on 'Submit' or 'I Agree' or when You use the Facilities, a legally binding agreement on these Terms and Conditions is concluded between, (a) You, the end user ('You') and (b) Electraworks (Svenska) Ltd of Penthouse, Palazzo Spinola Business Centre, Number 46, St Christopher Street, Valletta, VLT 1464, Malta a company registered in Malta under company number C89089. Electraworks (Svenska) Ltd is defined as ‘Company’, 'We', 'Us' or 'Our' as appropriate.
The Company is licensed and regulated by the Malta Gaming Authority, hereinafter the “MGA”, by virtue of license number MGA/CRP/688/2019 (issued 05/10/2020), issued in the name of the reporting entity Electraworks (Svenska) Ltd Malta Limited, a company registered under the laws of Malta with company number C89089, having its registered office situated at Penthouse Spinola Business Centre, Number 46, St Christopher Street, Valletta, Malta.
Your agreement on the provision of the present Services shall enter into force on Electraworks (Svenska) Ltd.
The aim of these General Terms and Conditions of Use is to define our legal relationship with you in connection with the provision of the "Services" (as defined below).
We offer Services on the platform partypoker which you may use to access our stakes, gaming and betting line-up, such as poker and virtual slot games, as defined below (the "Services"), via your account.
In the event that You have any complaints, claims or disputes with regard to any outcome regarding the Services or any other activity performed by Us, You should in the first instance contact Us in accordance with Section 21 below.
These General Terms and Conditions, together with the General Betting Rules, the Terms and Conditions of Use for Video, the "Tournaments" section, the How To Play/Getting Started and Game Rules sections, Frequently Asked Questions, all additional game rules, the Disconnection and Cancellation Policy, the General Terms and Conditions for Promotions, the Gift Certificate Terms, fees, the Third-Party Content Policy and all other rules and conditions which are published on the platform and of which You are made aware by e-mail and You have agreed to, and relate to and regulate a specific event, game, software, promotion or tournament shall constitute a legally binding agreement between You and Us (the "Agreements"). Upon notification of any change to the rules or terms of the Agreements to You by e-mail, You shall have the option to cease gaming and/or terminate Your Account in accordance with Section 18. Please read these documents carefully as each one of them forms part of the legally binding Agreement between You and Us.
IF THESE AGREEMENTS ARE TRANSLATED INTO ANOTHER LANGUAGE, THE GERMAN-LANGUAGE VERSION SHALL PREVAIL IN THE EVENT OF ANY CONFLICT BETWEEN THE TRANSLATION AND THE GERMAN-LANGUAGE VERSION
Please note that these Terms and Conditions of Use shall prevail in the event of any conflict between these Terms and Conditions of Use and any of the game rules or other documents referred to in these Terms and Conditions of Use.
By clicking on 'Submit' or 'I Agree' and accepting these Terms and Conditions of Use, You also confirm and accept these Agreements concluded with you. Access to and use of Our Services is subject to these Agreements. If You have any questions about these Agreements, We kindly ask You to contact Us in accordance with Section 21 below.
The Gaming Services are services which are provided by Us via the following platforms: partypoker and gaming platforms (jointly referred to as the "Gaming Services").
If You use the Gaming Services or intend to use the same, You must do so in accordance with Section 26 of these General Terms and Conditions of Use, which especially apply to Gaming Services.
By acknowledging that You have read and accepted these Terms and Conditions of Use of when You register to join and/or by clicking on the 'I Agree' button when You install the software relating to the Services provided via the platforms or when You log in to Your Account, You agree to comply with these Terms and Conditions of Use, and at the same time You acknowledge that Your failure to comply with these Terms and Conditions of Use may result in disqualification, the closure of Your Account (as defined in Section 4 below), forfeiture of funds and/or legal action against You, as appropriate and as further specified in these Terms and Conditions of Use. By accepting these General Terms and Conditions of Use, You acknowledge that We will provide you with those Services immediately. You may terminate this Agreement and close Your Account in accordance with Section 18 below.
The present Agreements are subject to Maltese law and shall be interpreted accordingly. This shall not apply, however, in the case that protection granted to you by those provisions is removed, which provisions may not be avoided according to the law which must be applicable in the absence of a choice of law.
For disputes in connection with the present Agreement or its execution, the competent court at Your place of residence shall have jurisdiction.
You may only use the Services if you are aged 18 or over. We are obliged to check that You have reached the age of majority by means of an identification process. You acknowledge Your consent thereto by accepting these Terms and Conditions. We shall be entitled and obliged to carry out a query with the central blocking system OASIS during registration and before You use Our Services. The State of Hessen, represented by Regional Council of Darmstadt, operates the central blocking system to protect players and combat gambling addiction. Players blocked in this system may not use these Services. They may not create a player account. You give Your consent to this query, in particular to transmission of your data, by accepting these Terms and Conditions.
If You select preliminary verification when selecting the verification methods provided by Us, You may open a preliminary account until the information provided by You has been checked. If You provide incomplete or incorrect data during registration or do not meet Our request to provide the necessary evidence for the accuracy and completeness of the information, Your account must be closed.
No withdrawals may be made from a preliminary account to a player's bank account. No preliminary account may be created for players who are blocked by the central blocking system.
You acknowledge and accept that We are not able to provide you with legal advice or representations, and that it is Your sole responsibility to comply with the legal provisions applicable from time to time and to ensure that You are entitled to use the Services without legal restriction. Notwithstanding the above regulations, access to Our Services may be restricted by certain regions. By using the Services, You confirm that You do not deem the Services to be offensive, unreliable, unfair or indecent in any way.
To use these Services, You must first register for an Account with Us. You may access any of Our Services via Your Account (as defined below).
All Account credit will be displayed in euros.
No fees will be charged when opening an Account. We are not a banking institute. All payments made into and from Your Account will be made in euros and shall be not be subject to interest. You must ensure that all payments to Your Account are made from a payment source for which You are the designated account holder. We are obliged to check this, which You authorise Us to do by accepting these Terms and Conditions.
To play real-money games or place a bet, You must deposit "real-money" funds into Your Account using one of the methods specified by Us. Such funds will be credited to Your Account upon actual receipt of the funds by Us and/or Our staff. Minimum and maximum limits may be applied to the payments into Your Account, depending upon Your history with Us, the method of deposit, and other factors as determined exclusively by Us. You may set daily, weekly or monthly deposit and loss limits. You will be asked to do so upon registration. Your application to set a deposit or loss limit shall enter into force immediately upon receipt; We shall confirm receipt of the application. An application to increase the deposit or loss limits set shall enter into force after seven (7) days. An application to lower the deposit limit set shall enter into force immediately upon receipt.
You can request withdrawals from Your Account at any time provided all payments made have been received, You must withdraw the requested amount to Your own registered account. We shall grant you direct access to the information about the status of your Account, gaming history (inter alia, stakes, winnings and losses), deposits and withdrawals, and other related transactions and, following identification and authentication, shall display such information for the previous twelve (12) months.
The name on Your Account must match Your true and legal name and identity. In addition, the name on Your Account registration must match the name on the credit card(s) or other payment accounts used to deposit or receive monies into Your Account. We will check Your identity in accordance with the provisions of the German State Treaty on Gambling, the German Anti-Money Laundering Act, and the provisions of the licencing authority.
For this purpose, We use the verification services listed below
AUTHADA GmbH, Julius-Reiber-Strasse 15A, 64293 Darmstadt
IDnow, Auenstrasse 100, 80469 Munich
Paypal, 2-24 Boulevard Royal, 2449 Luxembourg
Klarna Bank AK, Sveavägen 46, 11134 Stockholm, Sweden
SOFORT GmbH, Theresienhöhe 12, 80339 Munich, Germany
Trustly Group AB, Norrtullsgatan 6, 113 29 Stockholm, Sweden
GB Group, The Foundation, Heronsway, Chester Business Park, Chester, CH4 9GB, United Kingdom
(GBGroup provide access to the Schufa database that is utilised for verification purposes)
You allow us to pass on the data you provided during registration to the companies listed above for the purpose of verifying your identity.
The named providers will only process your personal data for this purpose and in accordance with all applicable data protection laws.
You may not hold more than one (1) Account in connection with Your use of this website. If You have more than one (1) Account or Accounts in different names, then You must Contact Us immediately to have Your Accounts managed so that You only have one (1) Account. You may only use these Services on Your own account. By using these Services, You confirm that You are acting on Your own account. We will close Your Account and/or Accounts if You open multiple Accounts. Should We have reasonable grounds to believe that multiple Accounts have been opened with the intention to defraud the company, We reserve the right to cancel any transaction related to said fraud attempt. If You have forgotten Your Account name or password, please Contact Us for a replacement.
If You are (i) an manager, director, employee, consultant or representative of the Entain Group or (ii) a supplier or vendor of the Group; You are not permitted to register for an Account with Us or to use directly or indirectly any of the Services (each an "Unauthorised Person"), other than in the course of Your employment as a Group employee. Relatives of Unauthorised Persons are not permitted to register with Us or to directly or indirectly use any of the Services. For these purposes, the term 'relative' shall include (but not be limited to) any a spouse, partner, parent, child or sibling.
Our aim is to ensure fairness. We therefore take any and all measures as we deem appropriate in order to create a fair and balanced gaming environment.
We reserve the right, at Our sole discretion, to suspend, modify, remove and/or add to any of the Services with immediate effect and without prior notice. We shall not be liable for such actions.
We forbid the use of all unfair practices when using the Services. We do this to protect Our customers and the integrity of the Services. Please read Our Unfair Advantage Policy which is incorporated in these Agreements for further details and Our Anti-Cheating Policy in Section 26.4. If any customer is found to be participating in any form of collusion or other activities that We consider to constitute cheating, his or her account may be permanently closed. In such cases, Account credit may be forfeited or withheld in accordance with Section 15 of these General Terms and Conditions.
We forbid the posting of any prohibited Third-Party Content (as defined below) on Our Platforms Please read Our Third-Party Content Policy, which is incorporated in these Agreements, for further details.
We reserve the right to suspend Your use of certain of certain Services, Platforms or any games on our Platforms.
No communications or information published via these Services is intended to constitute legal or tax advice and We accept no liability for any reliance on such content.
For the purpose of any reference to time in connection with your use of the Services, We use the time zone GMT +1 unless otherwise specified.
Your use of the Services is for Your personal use only. You may not use the Services for any commercial purpose.
The names partypoker and any other marks used by the Group are the trademarks, service marks and/or trade names of the Group or one of its subsidiaries or associated companies or its licensors. Furthermore, all other material used by Group, including but not limited to the software, images, pictures, graphics, photographs, animations, videos, music, audio, text (and any intellectual property rights in and to any of the same) is owned by the Group or one of its subsidiaries or associated group companies and/or licensors and is protected by copyright and/or other intellectual property rights. You shall obtain no rights to such copyright material or trade or service marks and must not use them without the Group's written permission.
In order to use the Services, You will be required to send money to and may be able to receive money from Us. We may use third-party electronic payment processors and/or financial institutions ("ESPs") to process such financial transactions, whose identity, contact details and terms and conditions we shall inform you of separately by e-mail. You agree that, to the extent necessary, the ESPs may be instructed to handle deposits into and withdrawals from Your Account. Moreover, You agree that We may give such instructions on Your behalf in accordance with Your requests as submitted via the relevant features on Our platforms. You agree to be bound by the general terms and conditions of the ESPs communicated to you. In the event of conflict between these Terms and Conditions of Use and the ESP's terms and conditions, these Terms and Condition shall prevail.
We may from time to time offer You complimentary or bonus amounts to be credited by Us into Your Account ('Bonus(es)'). Such Bonuses may only be used in connection with those Services specified when the Bonus is offered to You. Acceptance of any Bonus shall be in accordance with additional General Terms and Conditions We may make available to You in respect of each such Bonus offering and, if none, then in accordance with the Standard Promotional Terms and Conditions and bonus release restrictions contained in the relevant offer. Unless specified otherwise, offers may only be used ONCE. You are not entitled to withdraw any Bonus amounts and You may not remove any cash obtained via a Bonus from Your Account without first fulfilling the applicable conditions including, without limitation, in respect of any qualifiers or restrictions. You may only withdraw any funds obtained via a Bonus from Your Account when You have wagered a sum equivalent to five times the Bonus amount and five times the deposit amount that led to the Bonus amount at decimal odds of 1.7 or above.
Your account balance is the amount of real money available in Your Account, plus any winnings and/or minus any losses accrued from using the Services, where applicable less any amounts previously withdrawn from Your Account or all amounts forfeited or reclaimed by Us due to any known or suspected fraud or due to deposits or other transactions rejected or cancelled by Your bank or - if Your Account has be financed by a transfer from another account and/or by means of a voucher - by a relevant third-party bank (whether as a result of insufficient funds or charge-backs).
Acceptance of a withdrawal request is subject to You having made and sufficiently wagered a real-money deposit or non-restricted bonus in Your Account, accrued winnings, any deposit method restrictions, bonus restrictions and/or Security Reviews (see Section 16 below) and any other terms of these Terms and Conditions of Use. All amounts You withdraw are subject to the transaction limits and processing fees for deposit and withdrawal methods that We notify You of before withdrawing. For further details on current deposit and withdrawal options and fees, please see the checkout.
We may report and withhold any amount from Your winnings in order to comply with any applicable law. All taxes due in connection with any winnings awarded to You are Your sole liability. Account balances cannot be transferred, substituted or redeemed for any other prize. Payment of funds which You withdraw shall be made to the account registered by You.
Payments shall be made as quickly as possible (internal processing time of up to three working days). Delays may occur due security reviews undertaken by Us (see Section 16 below). We process all payments securely and in accordance with these Terms and Conditions of Use.
All Payments made by bank transfer in EUR within the SEPA region will be processed in accordance with the SEPA criteria (European Payment Area). This means that both the remitter and the recipient will be charged regular domestic fees for the transaction by their respective banks, even if the transfer takes place between two different countries (within the SEPA region).
If You do not access Your Account by 'logging in' to Your Account using Your Account name and password and either (i) place a cash wager or bet via the Services, or (ii) make a deposit for any consecutive period of 365 days, then after those 365 days (the "Grace Period") Your Account and all related accounts with any ESP will be deemed 'Inactive'.
Currently, there are no fees payable for inactive Accounts with a positive Account balance.
Abusive or offensive language will not be tolerated in Our chat forums. You must adhere to rules when You are active on the platforms or contact Group employees. In addition, You are not entitled to make untrue and/or malicious and/or damaging comments with regard to the Group's operation in any media or forum.
In accordance with the terms of Our Third-Party Content Policy, We may reject or delete any text, files, images, photos, video, sounds or any other materials ("Third-Party Content") posted by You on the platforms which in Our sole opinion breaches the terms of these Terms and Conditions of Use.
Any violation of this policy may result in removal of the Third-Party Content, a suspension of Your use of the Services and/or such other action that may be reasonably required by Us to ensure compliance with the policy.
The Account name and password selected when You apply for membership must not be disclosed to any third party. You are solely responsible for the security of Your Account and password.
You agree to keep Your Account name and password secret and confidential and not to allow make them available to any other person, especially minors, or those persons who are known to display problematic gaming behaviour or who have been blocked from taking part in games of chance as defined in the German State Treaty on Gambling, or to allow such persons to use them. Any person who identifies themselves by entering a correct user ID and password shall be deemed by Us to be the rightful Account holder. All transactions where the user ID and password have been entered correctly shall be deemed valid. In no event shall We be liable for any loss You suffer as a result of any unauthorised use or misuse of Your log-in details which may be attributed to You. We shall not be responsible for keeping safe Account names and passwords. If You have lost Your Account name, user ID, or password , please contact Us for a replacement. If You misplace, forget, or lose Your Account name, user ID or password and this may not be attributed to our fault, We shall not be liable.
We have a zero-tolerance policy towards inappropriate play and fraudulent activity. If, an Our sole determination, You are found to have cheated or attempted to defraud Us and/or the Group or any other user of any of the Services in any way, including but not limited to game manipulation or payment fraud, manipulation of the multi-currency facilities, betting on all possible outcomes of a game or event or if We suspect You of fraudulent payment, including use of stolen credit cards, or any other fraudulent activity (including but not limited to any chargeback or other reversal of a payment) or prohibited transaction (including but not limited to money laundering) or if Your deposits failed to be honoured by Your bank for any reason, We reserve the right to suspend and/or close Your Account and recover bad debts using whichever method may lawfully be available to Us including, but not limited to, (i) debiting the amount owed by You from Your Account and (ii) instructing third-party collections agencies to collect the debt. This may have a detrimental impact on Your credit rating and may require Us, in line with applicable law and to protect Your personal data, to transmit Your personal information (including Your identity) with appropriate agencies and to report any criminal or suspicious activities to the competent authorities.
We reserve the right to void and withhold any and all winnings made by any person or group of persons and to void and withhold any Player Points gained by any person or group of persons where We have reasonable grounds to believe that said person or group of persons is acting or has acted in collusion in an attempt to defraud or damage Us and/or the Group and/or the Services and/or the platforms in any way.
In the interests of data protection, security and avoidance of fraud, We do not permit use of any communication channels included within the Services and/or the Platforms to offer or promote any offers, products and Services (whether Yours or a third party's). You are expressly prohibited from posting information or contacting Our customers to offer or promote any offers, products or facilities.
You must inform Us immediately if You become aware of any errors with respect to Your Account or any calculations with respect to any bets placed by You or any currency conversion. In the event of such an error or a system or game error (a divergence from the normal functioning of the game logic for whatever reason) that results in an error in any odds calculation, charges, bonuses or payouts ("Error"), We will endeavour to place all parties directly affected by such Error in the position they were in before the Error occurred. We reserve the right to declare null and void any wagers or bets that were the subject of such Error and to take any money from Your Account relating to the relevant bets. If there are insufficient funds in Your Account, We may demand that You pay Us the relevant outstanding amount relating to these bets. In all circumstances where We have reasonable grounds to suspect that erroneous activity exists with the intention of gaining an illegal advantage, We reserve the right to consider this activity to be subject to Section 17 (Forfeiture & Account Closure) of these Terms and Conditions of Use.
In order to maintain a high level of security and integrity in the system, We reserve the right, in addition to the statutory identification obligations, to conduct a security review at any time to validate Your identity, age, the registration data provided by You, to verify Your use of the Services, including but not limited to Your compliance with these Terms and Conditions of Use and the policies of the Group and Your financial transactions carried out via the Services with regard to a potential breach of these Terms and Conditions of Use and of applicable law (the "Security Review"). In order to make this Security Review possible, You additionally agree to provide us with the necessary information and documents that we may request at our unrestricted discretion.
WE RESERVE THE RIGHT TO TERMINATE ANY AGREEMENTS CONCLUDED WITH YOU WITH IMMEDIATE EFFECT, TO INITIALLY WITHHOLD YOUR ACCOUNT BALANCE IN JUSTIFIED CASES AND IN THE CASE OF A STATUTORY PREREQUISITE, TO CLOSE YOUR ACCOUNT AND/OR TO RECOVER FROM SUCH ACCOUNT THE AMOUNT OF ANY AFFECTED PAY-OUTS, BONUSES AND WINNINGS IF:
You are in violation of a material obligation resulting from the Agreements concluded with You;
We become aware that You have used or attempted to use the Services for the purposes of fraud, collusion (including in relation to charge-backs) or unlawful or improper activity (including, without limitation, any manipulation of the multi-currency facilities);
We become aware that You have played at any other online gaming site or services and are suspected of fraud, collusion (including in relation to charge-backs) or unlawful or improper activity;
You have charged back from Your Account or disputed any of the purchases or deposits that You have made into Your Account.
You shall be entitled to close Your Account and terminate this agreement by giving seven (7) days' notice by withdrawing Your entire Account balance and sending Us notification of termination in writing, by e-mail, or by telephone. Please use the Contact option for this purpose. We will answer within a reasonable time period. Following termination You shall continue to bear the responsibility for all activities in Your Account and in connection with the same until We have closed Your Account.
We take "Responsible Gambling" very seriously. If You wish to close Your Account, please select the relevant features within the Service.
Notwithstanding the regulations in Section 17, We shall be entitled to terminate the Agreements concluded with You by giving seven (7) days' notice. The relevant notification shall be sent to the e-mail address stated by You upon registration. We shall provide You with notice of termination by e-mail and, except for in cases in which termination occurs in accordance with Section 17, we shall refund Your Account balance as soon as is reasonably possible. In cases where notice of termination has been given according to Section 17, all payments, bonuses and winnings in Your Account which are related to improper or fraudulent activity shall be deemed non-refundable and shall be forfeited.
Termination of the Agreements concluded with You shall not affect any outstanding wagers or bets, provided that any such wagers or bets are valid and are not in breach of the Agreements concluded with you in any way.
The following Sections of these General Terms and Conditions of Use shall survive any termination of the Agreements concluded with you by either party: 15, 18, 19, 20, 22, 23, 24, 25 and 26, along with any other Sections which are required for the purposes of interpretation.
YOU AGREE THAT YOU WILL ONLY USE THE SERVICES IN ACCORDANCE WITH THE AGREEMENTS CONCLUDED WITH YOU. YOU SHALL COMPENSATE US IN FULL FOR ANY LOSSES OR COSTS (INCLUDING REASONABLE LEGAL FEES) WHICH WE (OR ANY MEMBER OF OUR GROUP) INCUR AND ARISE FROM ANY VIOLATION BY YOU OF THE AGREEMENTS CONCLUDED WITH YOU.
We have made available to You a feature which You may use to request temporary break from gaming or a block of Your Account. We will respond to a request to block Your Account immediately. A temporary break from gaming (cool-off period) lasts 24 hours. Such a temporary break from gaming will result in Your Account being deactivated for this period. In the case of a permanent block, we will close Your Account and register such block with the state central blocking system. You may only register again after a period of one (1) year following closure of Your Account. Moreover, You have the option to temporarily or permanently exclude Yourself from the gaming line-up.
If, based on the experience of our staff or legitimate information from third-parties or other actual evidence, we must assume that you are at risk of gambling addiction or are over-indebted, are not able to meet your financial obligations or risk stakes which are not proportionate with your income or assets, we will close Your account and register such a block with the state central blocking system (third-party exclusion). You may object to such an exclusion.
We are obliged to notify the central blocking system OASIS (Section 2 of these Terms and Conditions) of such a self-exclusion or third-party exclusion. You hereby agree to this notification and the related transfer of data (family name, first name, birth name, aliases, false names used, date of birth, place of birth, address, photographic ID, reason for exclusion, exclusion period).
If You wish to make any complaints, claims or disputes regarding the Services or other activities, You must send us Your complaint in writing as soon as possible following the transaction to which your claim or dispute relates. You may also notify our Customer Service team in writing. Notifications from Us shall (unless stipulated otherwise in the present Terms and Conditions of Use) be sent to the e-mail address stated by You upon registration of Your Account. You undertake to notify Us immediately if Your e-mail address changes by using the "Change E-Mail" feature, and to regularly check Your inbox for new e-mails.
To the extent that You are not satisfied with Our response to Your complaint You may contact our independent alternative dispute resolution, eCOGRA. eCOGRA is an alternative dispute resolution ("ADR") provider, whose services You may use free of charge at eCOGRA.org.
If You wish to direct a complaint regarding virtual slot machines or poker directly to the Malta Gaming Authority, You may do so by sending an e-mail to firstname.lastname@example.org .
We reserve the right to transfer, assign, or sublicense Our rights and obligations arising from the Agreements concluded with you in whole or in part without prior notification or Your specific consent, provided that any such assignment is effected on terms which constitute no disadvantage for You. You shall not be entitled to assign, sublicense or otherwise transfer in any manner whatsoever any of Your rights or obligations under the Agreements concluded with you to third parties.
To the extent that the Agreements concluded with You expressly provide that a third party may enforce a term of these Agreements, a person who is not a party to these Agreements shall have no right to rely upon or enforce any term of these Agreements; this shall not affect any right or remedy of a third party which exists or is available other than under local law or statute.
For the avoidance of doubt, We wish to point out that each member of the Group is entitled to assert claims based on the Agreements concluded with You.
You agree to the Agreements concluded with you including modifications and amendments which We may make from time to time and undertake to comply with the same. We reserve the right to modify these Agreements at any time and to notify You of the new terms and conditions by e-mail or SMS notification or by publication of the modification(s) on the relevant platform and/or any other place accessible by You via the Services. Such amendments shall enter into force thirty (30) days from the time of publication unless We inform You in advance and make specific reference to the circumstances and You do not object to the amendments. If You do not agree with an amendment, you may terminate the concerned Agreement concluded with You. By continuing to use the Services following notification or expiry of a period of thirty (30) days, you accept the amendment as binding. You shall be solely responsible for reviewing these Agreements and any amendments each time before you participate in a game. The Agreements concluded with you and the documents referred to herein represent the complete and final agreement between You and Us in relation to these Agreements and supersede any and all prior agreements between You and Us.
The following Terms and Conditions apply only to Your use of the Gaming Services. Please note that in the event of any conflict between this Section 26 and the remaining sections of these General Terms and Conditions, the remaining sections of these General Terms and Conditions shall prevail.
26.2. Play Money and Real Money Games
By registering for the games You will be able to access (through the software (as defined below)) both play-money games and tournaments ("Play Money Games" or Play for Fun Games) respectively) and real-money games and tournaments (Real Money Games or Play for Real Games) respectively), via the Gaming Services. No purchase is required to play the Play Money Games, with the exception of any costs which may be charged to You by Your Internet service provider or telecommunications provider when accessing the Gaming Services , and You may play the Play Money Games without spending real money. We reserve the right, at our sole discretion to suspend, modify, remove and/or add any Gaming Services with immediate effect by notifying You by e-mail. To the extent permitted by law, We shall not be liable for any such action.
26.3 Rules and Procedures of the Gaming Services
You must use the Gaming Services in accordance with the generally accepted game rules set out in the "Game Rules" section, and the procedures relevant to the Gaming Facility You are using specifically set out in the Games section of the partypoker website, including but not limited to the "Promotions" section, "Tournaments" section, "Game Instructions & Rules" section, the "Refer a Friend" section, "How to Play", "Table Stakes", "Tournaments"," Tournament Rules", "Poker Etiquette" sections and any other page that specifically relates to and governs any particular event, game or tournament (Rules).
26.4.1 Anti-Cheating Policy
We are committed to preventing the use of unfair practices in the use of the Gaming Services, including but not limited to player collusion, non-human players (bots), chip-dumping, scripting and other forms of inappropriate behaviour that provides players with an unfair advantage (Unfair Advantage Policy). We are also committed to detecting and preventing the use of software programs which are designed to enable artificial intelligence to play on Our platforms including, but not limited to, opponent-profiling, cheating software or anything else that We deem enables You to have an unfair advantage over other players not using such programs or systems (AI Software). You acknowledge that We will take measures to detect and prevent the use of such programs and AI Software using methods (including but not limited to reading the list of currently running programs on a player's computer) and You agree not to use any AI Software and/or any such programs. In the event that We suspect that a player has been involved in any practices outlined in Clause 27.4 or any other practices which We deem to be unfair or fraudulent, We reserve the right, in Our sole discretion, to block their account and refuse any outpayments due. No player shall have the right to require Us to take any other steps against players suspected of collusion, cheating, scripting or any other form of unfair or fraudulent behaviour. If a player has been cheated by another player when using the Services, We shall only refund the amounts lost by the player as a result of being cheated in the event that We can locate the cheating account and access the funds in question. In the event that more than one player is affected by the cheating account and We can allocate that cheating account, then the remaining funds in the cheating account will be distributed on a pro rata basis in accordance with the loss of each affected player.
26.4.2 Collusion and Cheating
Collusion occurs when two or more players attempt to gain an unfair advantage by sharing knowledge of their cards or other information. Any player who in our reasonable opinion colludes or attempts to collude with any other player while using the Services may be permanently banned from using the Services or the software, their account may be terminated immediately and We shall be entitled to retain all monies in such player's account. If You suspect that any player is colluding with another or cheating, please Contact Us immediately.
26.4.3 Automated Players (Bots)
The use of artificial intelligence which plays without human intervention or reduces the requirement of a human playing including the use of “robots”, is strictly prohibited when using Our Services. All actions taken when using Our Services must be executed by players themselves via the user interface accessible by them. If You suspect that any player is using any kind of artificial intelligence, please Contact Us immediately.
26.4.4 Chip Dumping
Chip dumping occurs when any player intentionally loses a hand in order to deliberately transfer his or her chips to another player. Any player who we reasonably suspect of participating or attempting to participate in chip dumping with any other player when using the Services may be permanently banned from using the Services and their account may be terminated immediately. If You suspect that any player is participating in chip dumping, please Contact Us immediately.
You may install and use the software We make available from the Platforms used to provide the Gaming Facilities (the 'Software') on a hard disk or other storage device and make back-up copies of the Software, provided that such use and back-up copying is only for Your own personal use in using the Gaming Services in accordance with the present Agreements, and further, that such installation and use is made through a computer or other device of which You are the primary user. The Software's structure, organisation and code are the valuable trade secrets of the Group and/or its associated companies and/or its licensors. You obtain no rights to the Software except to use it in accordance with these Agreements. Unless expressly permitted by applicable law, You are strictly prohibited from modifying, adapting, translating, reverse engineering, decompiling, disassembling or otherwise attempting to discover the source code of the Software or any part of it or from creating, publishing or distributing derivative works from the Software, and You agree to refrain from doing so. Moreover, You agree that the Software will not be shipped, transferred or exported to any country or used in any manner prohibited by any applicable laws, restrictions or regulations.
26.6 Shared Games, Table and Database Platform
We reserve the right, but are not obliged, to run and utilise a shared table, server and database platform or system ('Shared Game/Table Platform') which enables Gaming Services users to play with players coming into the games, tables and tournaments from other websites and brands operating on the same Shared Game/Table Platform. If a Shared Game/Table Platform is used, You agree that You may be pooled into these common game/tables, at Our sole discretion, and that to the extent that You breach the Terms and Conditions of one site or brand that operates on the Shared Game/Table Platform, We may have You blocked, in part or full, from the entire system so that You may not play through any site or brand using or on the Shared Game/Table Platform. We reserve the right to restrict the number of Accounts on the Shared Game/Table Platform to one (1) Account; this shall not apply to the restriction on having multiple Accounts with Us (see Section 4).
26.7 Deposits into Play Money and Real Money Accounts
Play-money funds have no value and are kept separate from real-money funds. Play-money deposits may not be transferred to a real-money account and are redeemable for any currency. We do not promise to accurately record the number of play money chips held by You, and Your play money chips may be lost at any time. Furthermore, We reserve the right to set a maximum chip limit for play money Accounts.
26.8 Settlement of In-Game Disputes
You accept and agree without restriction that random number generator ('RNG') software will determine the shuffling and dealing of cards and other randomly generated events required in the Gaming Services. If there is a discrepancy between the result showing on the Software (as installed and operated on Your hardware) and Our server, the result showing on Our server shall govern the result. Moreover, You understand and agree that (without prejudice to Your other rights and remedies) Our records shall be the final authority in determining the terms of Your use of the Gaming Facilities, the activity resulting therefrom and the circumstances in which such activity occurred.
26.9 Real Money Game and Tournament Currency
Where a Real Money Game or tournament is only available in a currency which is different from Your Account currency, You may in some cases be given the option to buy in to the same in the currency of the relevant game/tournament. Such buy-in (together with any winnings) will be subject to the terms and exchange rates offered by Us at the relevant time. Please refer to our Frequently Asked Questions for further details. In all other cases, You will only be permitted to place bets and wagers in Your Account currency.
We may amend the terms of any membership of Our VIP programme at any time or terminate a membership. For the avoidance of doubt, membership of Our VIP programme is at Our sole discretion and Your status as a member of Our VIP programme may be altered by Us at any time.
Please print out the present Terms and Conditions of Use and keep them safe for future purposes. In addition, we recommend that You print out and keep safe any transaction confirmations and Game Rules applicable to Your activities.
If you have any questions, please contact our 24/7 Customer Service team.Amended/Created on 23/12/2020