GENERAL TERMS AND CONDITIONS AS AMENDED ON 27.02.2020
IMPORTANT - PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCEPTING THESE AGREEMENTS, THEN PRINT THESE TERMS AND CONDITIONS AND STORE THEM ALONG WITH ALL CONFIRMATION EMAILS, SMS MESSAGES, ADDITIONAL TERMS, TRANSACTION DATA, GAME RULES AND PAYMENT METHODS RELEVANT TO YOUR USE OF THE PLATFORMS AND/OR SERVICES. WE WILL NOT FILE OUR CONTRACT WITH YOU SO PLEASE PRINT IT OUT FOR YOUR RECORDS. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE (AS SET OUT BELOW).
You accept to be bound by this contract by clicking on 'Submit' or 'I Agree' and/or by using the Services (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 Services, a legally binding agreement on these terms and conditions is concluded between, (a) You, the end user ('You') and (b) ElectraWorks (Malta) Plc, having its registered office at Penthouse, Palazzo Spinola Business Centre, nº 46, St. Christopher Street, Valetta, VLT 1464 Malta, a company registered in Malta under company number C53497. ElectraWorks (Malta) Plc is defined as 'We', 'Us' or 'Our' as appropriate.
In accordance with Gaming Law 13/2011 and implementing regulation, the Company’s address and legal representation in Spain, for notification purposes only – official communications from the regulator, other Spanish authorities and, where applicable, any Spanish court or Judge - are located at C/ Aribau nº 205, 1st floor (08021 Barcelona).
The purpose of these agreements is to set out Our legal relationship with You in connection with the provision of the Services.
In order to use Our Services, You must comply with the legal obligations with respect to Your identification and allow Us to verify, through the appropriate technical means, that You are not excluded or prohibited from playing in accordance with Spanish Law. Only after having provided Us with, the accurate true and complete information required by Law 13/2011 and implementing regulations, and after having accepted this Agreement, You may be registered in the Users Registry, open a gaming account and Use Our Services.
ElectraWorks (Malta) Plc is licensed and regulated by the Spanish Government in accordance with Law 13/2011 and other complimentary decrees and orders, for the purposes of offering in the whole Spanish territory and abroad fixed odds betting and other games: poker, roulette, black jack.
We provide services on bwin.es, partypoker.es and partycasino.es (together the 'Platforms'), and any other online or mobile platform provided by Us (each individual site being a 'Platform') on which You access Our betting, gaming and wagering services, including but not limited to the Sportsbook Services and the Gaming Services, as defined below using Your Account ('Services'). 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 22 below.
IF THESE AGREEMENTS ARE TRANSLATED INTO ANOTHER LANGUAGE, THE SPANISH LANGUAGE VERSION WILL PREVAIL IN THE EVENT OF ANY CONFLICT BETWEEN THE TRANSLATION AND THE SPANISH LANGUAGE VERSION.
Please note that these Terms and Conditions shall prevail in the event of any conflict between these Terms and Conditions and any of the game rules or other documents referred to in these Terms and Conditions.
By clicking on 'Submit' or 'I Agree' and accepting these Terms and Conditions, or by using Our Services, You are also acknowledging and accepting these Agreements. Access to and use of Our Services are governed by these Agreements. If You have any questions about these Agreements, We would encourage You to seek independent legal advice.
The sportsbook services are the services provided by Us via bwin.es (together the 'Sportsbook Services').
If You are using or intending to use the Sportsbook Services You must do so in accordance with Section 28 of these Terms and Conditions which applies specifically to the Sportsbook Services.
The gaming services are the services provided by Us via the following Platforms: partypoker.es, bwin.es (poker and casino), binguez.es and wptpoker.es (together the 'Gaming Services').
If You are using or intending to use the Gaming Services You must do so in accordance with Section 29 of these Terms and Conditions which applies specifically to the Gaming Services.
By using Our Services and/or by acknowledging that You have read these Agreements when You register to join and/or by clicking on the 'Submit' or 'I Agree' button when You install any of the software relating to the Services provided via the Platforms or when You register for Your Account, You agree to comply with these Agreements, and You acknowledge that Your failure to comply with these Agreements may result in disqualification, the closure of Your Account (hereafter as defined in Section 3 below), forfeiture of funds and/or legal action against You, as appropriate and as further specified in these Agreements. You acknowledge that if You accept these Agreements, We will start providing You with the benefit of the Services immediately. As a consequence of this, if You accept these Agreements when registering for Our Services, You will not later be able to cancel Your registration, although You can terminate these Agreements and close Your Account in accordance with Section 18 below.
You may only use the Services if You are 18 years of age or over (or such other higher minimum legal age in Your jurisdiction) and it is legal for You to do so according to the laws that apply in Your jurisdiction. We reserve the right to ask for proof of age from You and Your Account may be suspended until satisfactory proof of age is provided. You understand and accept that We are unable to provide You with any legal advice or assurances and that it is Your sole responsibility to ensure that at all times You comply with the laws that govern You and that You have the complete legal right to use the Services. Without limitation to the above, access to Our Services may be restricted from certain territories. Any use of the Services is at Your sole option, discretion and risk in accordance with Spanish law. By using the Services, You acknowledge that You do not find the Services to be offensive, objectionable, unfair, or indecent in any way.
To use the Services, You will first need to register for an account with Us. You may access any of Our Services from Your Account (as defined below).
You may also be asked to choose a preferred currency for Your Account from the currencies available from time to time ('Account Currency'). Please note that once You have chosen, You will not be able to change Your Account Currency more than once without Our approval (which may be withheld or delayed in Our sole discretion). Should You wish to change Your Account Currency more than once, please contact Customer Services. Any Account Currency changes will be made on the terms and at the Exchange Rates offered by Us at the time of conversion. Please see Currency Converter and Frequently Asked Questions for further details.
There are no set-up charges for opening Your Account. We are not a bank and funds are not insured by any government agency. All payments to and from Your Account must be paid in the currencies available on the Facilities from time to time and shall not bear interest and You shall ensure that all payments into Your Account are from a payment source for which You are the named account holder. If You are making a deposit to or withdrawal from Your Account in a currency other than Your Account Currency, such deposit and/or withdrawal will be made at the Exchange Rates offered by Us at the time of such deposit or withdrawal and may be subject to a small conversion fee. We are required to notify UK Players that the level of protection afforded to their funds is described in the Disclosure Statement. Please note that UK Players will be required to acknowledge receipt of the Disclosure Statement and We will not permit UK Players to use any of their funds deposited for gaming until they have each done so on each of the following occasions: (i) if a UK Player has not previously deposited funds with Us, on the first occasion on which that UK Player deposits funds, (ii) if a UK Player has previously deposited funds with Us, on the next single occasion on which that UK Player deposits funds with Us and (iii) on the occasion of any subsequent deposit by a UK Player, which is the first since a change in Our Disclosure Statement.
Customer funds are kept in accounts separate from business accounts; and arrangements have been made to ensure assets in the customer accounts are distributed to customers in the event of insolvency. This meets the Gambling Commission’s requirements for the segregation of customer funds at the level: medium segregation.
To play Real Money Games or place a bet, You will be required to pay 'real money' funds into Your Account by any of the methods specified from time to time by Us. Such funds will be deposited into Your Account upon actual receipt of funds by Us and/or Our agents. 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 solely by Us. For further details of current deposit and cash out options and fees please see Cashier.
You can request withdrawals from Your Account at any time provided all payments made have been received. We will pay any requested withdrawal partly or in total via the same method of payment and in the same currency with which deposits were made. When using credit/debit card or an e-wallet to make a deposit, We may elect not to accept any withdrawal request within fourteen (14) days after the deposit.
To use certain Services You may first need to download and install software as provided on the relevant Platform.
We are unable to guarantee the continued availability of any particular currency. In the unlikely event that it becomes necessary for Us to stop supporting a particular currency and Your Account Currency becomes unavailable, We reserve the right to require You to convert Your Account Currency into a preferred available alternative at the Exchange Rates offered by Us at the time of conversion.
You may deposit in accordance with the following maximum deposit limits: EUR 600 per day up to a maximum of EUR 1,500 a week up to a maximum of EUR 3,000 per month.
These limits are subject to change from time to time in accordance with Spanish law.
The name on Your Account must match Your true and legal name and identity, and 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. To verify Your identity, We reserve the right to request satisfactory proof of identity (including but not limited to copies of a valid passport/identity card and/or any payment cards used) and satisfactory proof of address (including but not limited to a recent utility bill or bank statement) at any time. Failure to supply such documentation may result in suspension of the Account. You may not hold more than one (1) Account in connection with Your use of the Platforms. If You have more than one (1) Account or Accounts in different names You must contact Us immediately to have Your Accounts managed so that You only have one (1) Account. We reserve the right to close Your Account(s) 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 lost Your Account name / User ID or password, please contact Us for a replacement.
If You are (i) an officer, director, employee, consultant or agent of GVC Holdings PLC or one of its direct or indirect subsidiaries (the 'Group'); (ii) a supplier or vendor of the Group; (iii) (in relation to the Sportsbook Services only) a bookmaker or betting agent or a person otherwise involved in the creation, organisation or execution of an event on which We accept bets (including but not limited to sportspersons, athletes, members of sports club and/ or leagues); and (iv) persons who, at their own free will or by means of a legal resolution are registered in the General Registry of Players Prohibited from Accessing Gambling ("Registro General de Interdicciones de Acceso al Juego") 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. Similarly, relatives of Unauthorised Persons are not permitted to register with Us or to use directly or indirectly any of the Services. For these purposes, the term 'relative' shall include (but not be limited to) any of a spouse, partner, parent, child or sibling.
We reserve the right to suspend, modify, remove and/or add to any of the Services in Our sole discretion with immediate effect and We will not be liable for any such action.
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 at section 29.4. 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 and any balance may be at risk of forfeiture or withholding as per section 17 of these terms and conditions.
We forbid the posting of any prohibited Third Party Content (as that term is hereinafter defined) 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 Our Services, Platforms or any games on Our Platforms from time to time.
No communications or information published on the 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 timezone 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 brands partypoker, bwin, wptpoker, binguez and any other brands used by the Group are trademarks, service marks and/or trade names of the Group or one of its subsidiaries or associated companies or its licensors. Further, any other material used by the 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 obtain no rights in 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 require to receive money from Us. We may use third-party electronic payment processors and/or financial institutions ('ESPs') to process such financial transactions. You irrevocably authorise Us, as necessary, to instruct such ESPs to handle Account deposits and withdrawals from Your Account and You irrevocably agree that We may give such instructions on Your behalf in accordance with Your requests as submitted using the relevant feature on Our Platforms. You agree to be bound by the terms and conditions of use of each applicable ESP. In the event of conflict between these Agreements and the ESP's terms and conditions these Agreements 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 relation to such Services as may be specified when the Bonus is offered to You. Acceptance of any Bonus shall be in accordance with additional 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. Offers may be used only ONCE unless otherwise specified. 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 complying with the applicable terms including, without limitation, those in respect of any qualifiers or restrictions.
Your account balance is the amount of real money held in Your Account (if any), plus any winnings and/or minus any losses accrued from using the Services, less any rakes or entry or other fees, if applicable, and less any amounts previously withdrawn by You or 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 any relevant third-party bank (whether as a result of insufficient funds, charge-backs or otherwise), any Inactive Account Fees (see Section 11 below) or any sums which are otherwise deductible or forfeited under these Agreements ('Account Balance').
Acceptance of a cash out request is subject to You having made a real-money deposit in Your Account, any deposit method restrictions, bonus restrictions and/or Security Reviews (see Section 16 below) and any other terms of these Agreements. All amounts You withdraw are subject to the transaction limits. For further details of current deposit and cash out options please see Cashier.
We reserve the right of establishing monthly limitations for withdrawal of funds from Your Account provided that this practice is compatible with Spanish Legislation.
We may report and withhold any amount from Your winnings in order to comply with any applicable laws. 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 by means of the same payment method You have used to deposit or any other system that we agree.
Payments will be made as soon as reasonably possible (subject to up to twenty-four (24) hours internal processing time), although there may be delays due to any Security Review (see Section 16 below) undertaken by Us and save where We hold any such payments in accordance with these Agreements.
All payments made by bank transfer in EUR within the SEPA region will be processed in accordance with the SEPA criteria. This means that both the remitter and the receiver 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 on' to Your Account using Your Account name / User ID and password and either (i) place a cash wager or bet via the Facilities, or (ii) enter a tournament with a cash entry fee via the Gaming Facilities, or (iii) play a raked hand via the Gaming Facilities, or (iv) make a deposit as applicable, for any consecutive period of 365 days, then after those 365 days (the 'Grace Period') Your Account (and any related account with any ESP) will be deemed 'Inactive'.
Once Your Account has been deemed Inactive We will be entitled to charge You an administrative fee (the 'Inactive Account Fee'). We may deduct an amount up to the Inactive Account Fee amount from Your Account Balance on the day following the end of the Grace Period and then every thirty (30) days thereafter in accordance with the Inactive Account Fee Schedule. We will also remove any unused freeroll entry tournament monies from Your Account, including but not limited to occasions where the tournament for which the freeroll entry applies is no longer valid. If We continue to deem Your Account Inactive for a period of forty-eight (48) consecutive calendar months, in order to safeguard Your monies, We may withhold any remaining monies in Your Account and close Your Account. You may contact Us to reclaim any such withheld monies at any time.You can also reactivate Your Account at any moment within the aforementioned forty-eight (48) months by taking any of the actions set out in 11.1 above. We will stop deducting the Inactive Account Fee from Your Account Balance if Your Account is re-activated by entering a tournament, or making a cash bet or wager, or by playing a raked hand, by making a deposit or upon closure of Your Account in accordance with 11.2 above.
Abusive or offensive language will not be tolerated on Our chat boards, or otherwise by You on the Platforms or with Group staff. 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 Agreements.
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 as may be reasonably required by Us to ensure compliance.
The Account name / User ID and password selected when You apply for membership should not be disclosed to any third party. You are solely responsible for the security of Your Account name / User ID and password.
You agree to keep Your Account name / User ID and password secret and confidential and not to allow anyone else to use it. Every person who identifies themselves by entering a correct Account name / User ID and password is assumed by Us to be the rightful Account holder and all transactions where the Account name / User ID and password have been entered correctly will be regarded as valid. In no event will We be liable for any loss You suffer as a result of any unauthorised use or misuse of Your login details. We shall not be required to maintain Account names / User IDs or passwords. If You have lost Your Account name / User ID, password or any log-in details, please contact Us for a replacement. If You misplace, forget, or lose Your Account name / User ID, password or other log-in details as a result of anything other than Our error, We shall not be liable.
We have a zero tolerance policy towards inappropriate play and fraudulent activity. If, in 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 will require Us to share Your personal information (including Your identity) with appropriate agencies and to report any criminal or suspicious activities to the appropriate authorities.
We reserve the right to void and withhold any or 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 liaison with 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 (including but not limited to dealer table chat boards) 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 services.
With regard to the Sportsbook Services, in the event that We suspect there has been any match rigging, price rigging or other event manipulation, We reserve the right, in Our sole discretion, to (i) suspend the offering of any event or series of events in any of our markets; and (ii) delay and/or withhold payment on any event or series of events in any of our markets until the integrity of such event or series of events has been confirmed by the relevant sports federation.
In the event that the appropriate sports governing bodies confirm that active event manipulation has taken place on any event or series of events, We reserve the right, in our absolute discretion, to suspend any bets placed on such events, either by any individual identified as having possessed insider betting knowledge or information or by any other individual who in Our reasonable opinion is connected to, acting in conjunction with or in any way involved with such individual.
You must inform Us as soon as You become aware of any errors with respect to Your Account or any calculations with respect to any bet or wager You have placed or any currency conversion. In the event of such error or any system failure 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, fees, rake, bonuses or payout, or any currency conversion as applicable ('Error'), We will seek 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 or wagers. If there are insufficient funds in Your Account, We may demand that You pay Us the relevant outstanding amount relating to these bets or wagers. In all circumstances whereby We (in Our sole discretion) determine an Error has been used to gain an unfair advantage, We reserve the right to consider this activity to be subject to Section 17 (Forfeiture & Account Closure) of these Terms and Conditions.
To maintain a high level of security and integrity in the system, We reserve the right 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 Agreements and the policies of the Group and Your financial transactions carried out via the Services for potential breach of these Agreements and of applicable law (a 'Security Review'). As such, You authorize Us and Our agents to make any inquiries of You and to use and disclose to any third party We consider necessary to validate the information You provide to Us or should provide to Us in accordance with these Agreements, including but not limited to, ordering a credit report and/or otherwise verifying the information against third party databases. In addition, to facilitate these Security Reviews, You agree to provide such information or documentation as We, in Our unfettered discretion, may request.
WE RESERVE THE RIGHT, IN OUR UNFETTERED DISCRETION AND IN RELATION TO YOUR ACCOUNT, ANY RELATED ESP (as that term is defined at clause 8) ACCOUNT, ANY ACCOUNTS YOU MAY HAVE WITH OTHER SITES AND/OR CASINOS AND/OR SERVICES OWNED OR OPERATED BY OR ON BEHALF OF THE GROUP AND, IN THE CASE OF YOUR USE OF THE GAMING SERVICES, ANY SERVICES THAT SHARE THE SHARED GAME/TABLE PLATFORM, TO TERMINATE THESE AGREEMENTS, WITHHOLD YOUR ACCOUNT BALANCE, SUSPEND YOUR ACCOUNT, AND RECOVER FROM SUCH ACCOUNT THE AMOUNT OF ANY AFFECTED PAY-OUTS, BONUSES AND WINNINGS IF:
You are in material breach of any of these Agreements;
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' or denied any of the purchases or deposits that You made to Your Account; or
You become bankrupt or analogous proceedings occur anywhere in the world.
You are entitled to close Your Account and terminate these Agreements on seven (7) days notice to Us by withdrawing the entire balance from Your Account and sending a letter or email or telephoning Us using the details at 'contact Us'. We will respond within a reasonable time provided that You continue to assume responsibility for all activity on Your Account until such closure has been affected by Us.
We take Responsible Gaming seriously. If You would like Us to close Your Account for responsible gaming reasons please email email@example.com and We will endeavour to close Your Account as soon as reasonably possible.
Without limitation to section 17, We are entitled to terminate these Agreements on seven (7) days notice (or attempted notice) to You at the email address You have provided to Us. In the event of termination by Us, We shall give notice of the termination to You via email and, other than where termination is pursuant to section 17, as soon as reasonably practicable refund the balance of Your Account. Where We have terminated pursuant to section 17, any payouts, bonuses and winnings in Your Account are non-refundable and deemed forfeited.
Termination of these Agreements will not affect any outstanding wagers or bets, PROVIDED that any outstanding wagers or bets are valid and are not in breach of these Agreements in any way.
The following Sections of these Terms and Conditions shall survive any termination of these Agreements by either party: 14, 17, 18, 19, 21, 22, 23, 24 and 25, along with any other Section which is required for the purposes of interpretation.
YOU AGREE THAT YOU WILL ONLY USE THE SERVICES IN ACCORDANCE WITH THE TERMS AND CONDITIONS SET OUT IN THE AGREEMENTS. YOU WILL COMPENSATE US IN FULL FOR ANY LOSSES OR COSTS (INCLUDING REASONABLE LEGAL FEES) WHICH WE (OR ANY MEMBER OF OUR GROUP) INCUR ARISING FROM ANY BREACH BY YOU OF THESE AGREEMENTS.
If You have elected to use any of the self-exclusion tools in connection with any of the Platforms provided by any Group company from time to time, You acknowledge and agree that You are not permitted to open or use an Account with any other Group company ('Additional Group Account') during the self-exclusion period You have selected.
In the event of a breach by You of 20.1 above, We and/or any Group company shall additionally be entitled (but not obliged) to suspend any funds You may deposit (or have previously deposited) in any Additional Group Account.
For the avoidance of doubt, in the event of a breach by You of 20.1 above, neither We nor any Group company shall be liable to refund to You any funds You may wager in any Additional Group Account during the self-exclusion period You have selected.
YOUR ACCESS TO THE PLATFORMS, DOWNLOAD OF ANY SOFTWARE RELATING TO THE SERVICES FROM THE PLATFORMS AND USE OF THE SERVICES OR ANY INFORMATION WE MAY PROVIDE IN CONNECTION WITH YOUR USE OF THE SERVICES IS AT YOUR SOLE OPTION, DISCRETION AND RISK. WE SHALL NOT BE LIABLE FOR ANY MALFUNCTIONS OF THE COMPUTER PROGRAMS RELATING TO THE SERVICES WE MAKE AVAILABLE FROM THE PLATFORMS, ERRORS AS DESCRIBED IN SECTION 15, BUGS OR VIRUSES RESULTING IN LOST DATA OR ANY OTHER DAMAGE TO YOUR COMPUTER EQUIPMENT, MOBILE PHONE OR MOBILE DEVICE, OR SOFTWARE. FURTHERMORE, WE SHALL NOT BE LIABLE FOR ANY ATTEMPTS BY YOU TO USE THE SERVICES BY METHODS, MEANS OR WAYS NOT INTENDED BY US. WE ARE NOT REQUIRED TO PROVIDE REDUNDANT OR BACKUP NETWORKS AND/OR SYSTEMS.
WE WILL PROVIDE THE SERVICES WITH REASONABLE SKILL AND CARE AND SUBSTANTIALLY AS DESCRIBED IN THE AGREEMENTS. WE DO NOT MAKE ANY OTHER PROMISES OR WARRANTIES ABOUT THE SERVICES.
If You have any complaints, claims or disputes with regard to any outcome regarding the Services or any other activity, You must submit Your complaint to Us in writing as soon as is reasonably practicable, and within three (3) months of the date of the original transaction to which the claim or dispute refers taking place. Any complaints may be submitted by email to firstname.lastname@example.org . You may also submit notices in writing to: Penthouse, Palazzo Spinola Business Centre, nº 46, St. Christopher Street, Valetta, VLT 1464 Malta. Any response We send to You (save as otherwise set out herein) will be sent within one (1) month following the date we receive your complaint to the email address provided by You when You registered Your Account. It is Your responsibility to give Us notice of any changes to this address through the 'Change Email' facility in Our software and to regularly check Your email account for emails from Us.
To the extent that You are not satisfied with Our response You may contact:
- A dispute resolution service (such as eCOGRA Limited at 2nd Floor, Berkeley Square House, Berkeley Square, London W1J 6BD, United Kingdom); and/or;
- The Directorate-General for the Regulation of Gambling (Dirección General de Ordenación del Juego: DGOJ), C/ Atocha nº 3, 28071 Madrid as of the date on which the above mentioned entity be legally established.
You should assume that all use of Our website, and emails, SMS and telephone calls between You and Us will be recorded. These recordings will be Our property and may be used as evidence in the event of any dispute or to improve customer services.
These Agreements shall be governed by and construed in accordance with the laws of Spain. You irrevocably agree to submit to the exclusive jurisdiction of the courts of Spain for settlement of any disputes or matters arising out of or concerning these Agreements or their enforceability. If any part of these Agreements is found to be invalid, illegal or unenforceable in any respect, it will not affect the validity of the remainder of the Agreements, which shall remain valid and enforceable according to their terms.
You may not assign, sublicense or otherwise transfer in any manner whatsoever any of Your rights or obligations under these Agreements.
Except insofar as these Agreements expressly provide that a third party may in their own right enforce a term of these Agreements, a person who is not a party to these Agreements has no right under local law or statute to rely upon or enforce any term of these Agreements. However, this does 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, each member of the Group is an intended third party beneficiary of these Agreements.
You fully understand and agree to be bound by these Agreements, as modified and/or amended by Us from time to time. We may amend these Agreements at any time either by emailing or SMS messaging You notification of the new terms and conditions and/or by publishing the modified Agreement(s) on the relevant page of the Platforms or any place through which You access the Services. Any such modification will take effect within thirty (30) days of publication. If any modification is unacceptable to You, Your only recourse is to terminate these Agreements. Your continued use of the Services following notification or, as the case may be, such thirty (30) day period will be deemed binding acceptance of the modification. It is Your sole responsibility to review these Agreements and any amendments each time You play. These Agreements 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 apply only to Your use of the Sportsbook Services. Please note that in the event of any conflict between this Section 28 and the remaining Sections of these Terms and Conditions, this Section 28 shall prevail to the extent that it applies to Your use of the Sportsbook Services.
28.2. Rules and Procedures of the Sportsbook Services
You must use the Sportsbook Services in accordance with the generally accepted games rules set out in Our Sportsbook Services Rules and any other page that specifically relates to and governs any particular event, game or tournament ('Rules'). We advise You to read all of these Rules carefully.
28.3. Betting Terms
We reserve the right to use symbols (such as 1,X,2) and abbreviations for the indication of betting outcomes. We will at any time maintain a help section on the Sportsbook Services providing information about the betting types and terms used. We advise You to familiarise Yourself with the exact details of any bet before placing it. Any additional information detailed at the top or bottom of events and odds displays forms part of the betting rules for the particular event and in the event of any disparity, shall take precedence over these terms. We advise You to read all of this information carefully.
28.3.1 Limits on Stakes
We reserve the right to limit the maximum amount wagered for each single or multiple bet.
28.3.2 Limits on Winnings
The maximum aggregate amount that You may win via the Sportsbook Services within any seven (7) day period is EUR 250,000. This maximum shall apply independently of the number of bets placed or pending or the amount wagered or pending and acceptance of Your bet or wager by Us does not constitute an agreement to pay out if Your net win exceeds Our limit on winnings (above).It is Your responsibility to be aware that You will not be paid out if Your net win exceeds this limit.
The maximum amount that You may win via the Sportsbook Services on any single bet is EUR 10,000.
These limits are approximate values only and are subject to exchange rate fluctuations. We further reserve the right to impose different winning limits from time to time.
28.3.3 Calculation of winnings
In the case of a fixed odds bet, winnings are calculated by multiplying the stake by the fixed odds. In the case of live bets, You accept any changes in odds during the bet placement process. Changes in odds are understood to be those which change between the pick being added to the bet slip and Our acceptance of the bet. The odds are then displayed in Your bet confirmation notification. In the event that You make more than one bet (including the combination of single and multi bets) and Your total winnings exceed the limits on winnings set out in 28.4.2 above, We shall be entitled to reduce the state to the extent necessary to comply with the limits on winnings.
28.3.4 Accuracy of Bets and Results
In order to ensure the highest accuracy of all bets and results, we calculate Your Account funds using four decimal points. For technical reasons, Your Account balance can only be displayed to two decimal points, which may from time to time lead to discrepancies when a value with four decimal points is rounded off to a value with two decimal points.
28.4 Acceptance and Validation of Terms
Bets must be made via the Sportsbook Services.
A bet is deemed to be valid following confirmation of acceptance from Our remote servers. This acceptance is demonstrated by the bet's transaction code that will appear on screen. When a bet is placed and accepted, the corresponding amount is charged against Your Account. Once accepted, bets cannot be cancelled or amended in any way.
When placing the bet, You confirm that You do not have any previous knowledge of the result of the respective event underlying the bet ('Event'). If, during the period of acceptance of bets, information becomes known through which the outcome of an Event can be determined, We reserve the right to vary the deadline for acceptance of bets or to void any bets placed.
We reserve the right to void any bet, including but not limited to any bet which may be inadvertently accepted, when Your Account does not have sufficient funds to cover the amount of the bet placed prior to the Event taking place. Subject to the foregoing, if Your Account balance partly covers a stake for a bet, We reserve the right to accept Your bet with a stake equal to the sum of Your Account balance. We also reserve the right to take any measures necessary to protect You from further losses should you lose EUR 5,000 (or its equivalent) or more in any four (4) week period.
All bets must be made and accepted before the start of the relevant Event. Any bet placed or received after the start of the Event will be void unless the betting offer is clearly intended to be available after the start of the Event (i.e. live betting, outrights).
If, in the case of live betting, delayed TV coverage or data transmission results in a bet being placed at the incorrect price immediately after the selected participant/team has gained a significant advantage, We reserve the right to void the bet, win or lose.
If an Event is cancelled and deemed void, the respective selection is considered with neutral decimal odds of one (1.00). In the event of an individual bet, the amount of the bet is refunded. In the case of multiple bets in which Events cancelled appear together with other valid events with a winning forecast, the multiple bet is considered won but the accumulated odds are adjusted accordingly.
Multiple bets are not accepted where the outcome of one part of the bet contributes to the outcome of another.
We reserve the right to refuse in whole or in part any bet and all ambiguous bets shall be void.
We reserve the right to suspend, modify, remove and/or add any Sports Service at Our absolute discretion with immediate effect and We will not be liable for any such action.
28.5 Account Currency Changes
For the avoidance of doubt, in the event that You change Your Account Currency during the life of a bet, any winnings will be converted into Your new Account Currency at the Exchange Rates at the time of the payout.
The following terms apply only to Your use of the Gaming Services. Please note that in the event of any conflict between this Section 29 and the remaining Sections of these Terms and Conditions, this Section 29 shall prevail to the extent that it aplies to Your use of the Gaming Services.
29.2 Play Money and Real Money Games
By registering for the Gaming Services You will be able to access (through the Software (as defined below)) both 'play money' games and tournaments ('Play Money Games' or 'Play for Free Games' respectively) and 'real money' games and tournaments ('Real Money Games' or 'Play for Real Money Games' respectively), via the Gaming Services. No purchase is necessary or required to play the Play Money Games, save in respect to any cost You may incur to access the Gaming Services, charged by Your Internet service provider or telecommunications provider, and You may play the Play Money Games without betting money. We reserve the right to suspend, modify, remove and/or add any Gaming Service in Our sole discretion with immediate effect and We will not be liable for any such action.
29.3 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 Service You are using specifically set out in the Games section of the partypoker.es, bwin.es, wptpoker.es and binguez.es online sites, including but not limited to the Promotions section, Tournaments section, Game Instructions & Rules section, the b'friend section, How to Play, Table Stakes, Tournaments, Tournament Rules, Poker Etiquette section and any other page that specifically relates to and governs any particular event, game or tournament ('Rules').
We are committed to preventing the use of unfair practices in the Gaming Services, including but not limited to player collusion. 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 that 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. Go to Our Unfair Advantage Policy.
You may install and use the software We make available from the Platforms used to provide the Gaming Services (the 'Software') on a hard disk or other storage device and make backup copies of the Software, provided that such use and backup copying is only for Your own personal use in using the Gaming Services in accordance with these 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. Save as expressly permitted by law, You are strictly prohibited from, and agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software or any part of it or to create, publish or distribute derivative works from the Software. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by any applicable laws, restrictions or regulations.
29.6 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 Service 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 games/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. Without limitation to the restriction on having multiple Accounts with Us (please see Section 4), We may require that You only have one Account on the Shared Game/Table Platform if the same is used.
29.7 Play Money and Real Money Account Funding
'Play money' funds have no value and are kept separate from 'real money' funds. They are not transferable to a 'real money' account nor are they 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. Further, We reserve the right to set a maximum chip limit for play money Accounts.
29.8 Settlement of In-Game Disputes
You fully accept and agree 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 Services, the activity resulting therefrom and the circumstances in which such activity occurred.
29.9 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 see Currency Converter and 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 offer, withdraw, revoke and/or amend the terms of any membership of Our VIP programme at any time. 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 THESE TERMS AND CONDITIONS AND STORE FOR YOUR FUTURE REFERENCE. IN ADDITION, WE SUGGEST THAT YOU PRINT AND STORE ALL TRANSACTION RECEIPTS AND GAME RULES AS APPLICABLE TO YOUR ACTIVITIES.
If You have any questions, please contact Our 24/7 Customer Care Team.