General Terms and Conditions

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 FACILITIES. 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 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) Martingale Europe Limited of Penthouse, Palazzo Spinola Business Centre, Number 46, St Christopher Street, Valletta, VLT 1464, Malta, a company registered in Malta under company number C92636. Martingale Europe Limited is defined as 'We', 'Us' or 'Our' as appropriate.

The Company is licensed in Malta and regulated by the Malta Gaming Authority, by means of the Gaming Service licence number MGA/CRP/688/2019 issued on the 1/10/2020 in the name of the reporting entity bwin Holdings (Malta) Limited, located at Penthouse, Palazzo Spinola Business Centre, 46 St Christopher Street, Valletta, VLT 1464, Malta. The Company is authorised to offer the following gaming verticals: Casino, Poker, Sports and Bingo.We provide facilities on partypoker-sochi.com (the 'Party Platform'), and any other online or mobile platform provided by Us (each individual site being a 'Platform') on which You can access Our Poker Facilities ('Facilities').

The Facilities and interactive features (including certain games) may vary according to the Platform You are using to access them from.

In the event that You have any complaints, claims or disputes with regard to any outcome regarding the Facilities or any other activity performed by Us, You should in the first instance contact Us in accordance with Section 21 below.

These Terms and Conditions together with the Privacy Policy, the News and Promotions section, the Tournaments section, the How to Play/Getting Started sections, the Frequently Asked Questions, all additional game rules, the Poker Etiquette section, the Disconnection and Cancellation Policy, Standard Promotional Terms and Conditions, Fees and Commission, the Third Party Content Policy, the Cashback, and any other additional rules and terms published on the Platforms and notified to You by e-mail that specifically relate to and govern any particular event, game, software, promotion or tournament constitute a legally binding agreement between You and Us ('Agreements'). Upon notification of any change to the rules or terms of the Agreements to You by email, You shall have the option to cease gambling and/or terminate Your Account in accordance with Section 17.2. You should read all of these documents carefully as each one forms part of the legally binding agreement between You and Us.

IF THESE AGREEMENTS ARE TRANSLATED INTO ANOTHER LANGUAGE, THE ENGLISH LANGUAGE VERSION WILL PREVAIL IN THE EVENT OF ANY CONFLICT BETWEEN THE TRANSLATION AND THE ENGLISH 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, You are also acknowledging and accepting these Agreements. Access to and use of Our Facilities are governed by these Agreements. If You have any questions about these Agreements, We would encourage You to seek independent legal advice.

Your attention is drawn to Our Privacy Policy which describes how We deal with and protect Your personal information. By clicking the Privacy Policy tick-box which appears when You first register, You are also acknowledging and accepting the Privacy Policy.

 

POKER FACILITIES

The poker facilities are the poker facilities provided by Us via the following Platforms: partypoker-sochi.com and any other gaming platforms provided by Us from time to time (together the Poker Facilities').

If You are using or intending to use the Poker Facilities You must do so in accordance with Section 27 of these Terms and Conditions which applies specifically to the Poker Facilities.

These Terms and Conditions govern your use of the Poker Facilities. You should also read the Party Poker Road to Sochi Leaderboard Terms and Conditions which will explain another qualification route to our tournament.

1. APPLICABILITY OF AGREEMENTS

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 Facilities 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 Facilities immediately. As a consequence of this, if You accept these Agreements when registering for Our Facilities, You will not later be able to cancel Your registration, although You can terminate Your Account in accordance with Section 17.2 below.

2. LEGALITY OF USE OF THE FACILITIES

2.1.

Underage gambling is an offence. You may only use the Facilities 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. You confirm that You are not accessing Our Facilities from Russia or any territory where it is not legal to participate in on-line gaming at the time of placing a bet or participating in a game. 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 Facilities. You acknowledge that underage gambling is not acceptable and we may refer to local prosecution authorities. Without limitation to the above, access to Our Facilities may be restricted from certain territories. Any use of the Facilities is at Your sole option, discretion and risk. By using the Facilities, You acknowledge that You do not find the Facilities to be offensive, objectionable, unfair, or indecent in any way.

2.2.

We may request copies of identity documents and proofs of address from You at any time and We reserve the right to void any transactions You make until We are able to verify Your identity details. If We are unable to satisfactorily verify Your identity within a reasonable time-period, where the period of time shall be determined by Us at Our sole discretion, We reserve the right to either suspend or close Your Account and we may withhold the account balance in Your Account until Our verification process is completed satisfactorily

2.3.

We reserve the right to restrict access to Your account whilst we undergo our verification checks, during which time, subject to our legal and/or regulatory obligations, You may only withdraw any remaining balances deposited in their Accounts together with any associated winnings (including winnings from bonuses where relevant conditions have been met).

3. ACCOUNT/REGISTRATION

3.1.

To use the Facilities, You will first need to register for an account with Us. You may access any of Our Facilities from Your Account (as defined below).

3.2.

You can open an account with Us by choosing a unique account name and password and entering other information that We ask for on Our registration form such as (but not limited to) Your first and last name, address, email, gender, birth date and telephone number (an 'Account'). You shall ensure that the details provided at registration and thereafter are accurate and kept up to date. You may be able to change some (but not all) of the details You provide at registration by editing Your Account preferences or by contacting Us. Please see Our Privacy Policy for further details. Alternatively, You can contact Us for further information.

3.3.

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 ServicesAny Account Currency changes will be made on the terms and at the Exchange Rates offered by Us at the time of conversion. Please see our Frequently Asked Questions for further details.

3.4.

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. Please see Exchange Rates and Frequently Asked Questions for further details.

3.5

Customer funds are kept in accounts separate from business accounts and are protected from creditors of the Company.

3.6.

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 withdrawal options and fees please see Cashier.

You are prohibited from selling and/or transferring your Account.

3.7.

You can request withdrawals from Your Account at any time provided all payments made have been received. We reserve the right to pay any requested withdrawal partly or in total via the same method of payment and in the same currency with which deposits were made.

3.8.

To use certain Facilities You may first need to download and install software as provided on the relevant Platform.

3.9.

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.

4. TRUE IDENTITY AND ONE ACCOUNT

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.

Without derogating from the aforementioned, should you use credit card(s) or other payment accounts which are not in Your true and legal name and identity to deposit or receive monies into Your Account, we will presume that you have received complete and sufficient consent from the rightful owner and/or the named person on such credit card(s) or other payment account(s). We shall not be obligated in any manner to examine such consent and shall bear no responsibility with respect to your representations under these Terms and Conditions.

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. We may carry out additional verification procedures for cumulative deposits of €2,000. Failure to supply such documentation may result in suspension or closure of Your Account and We may withhold the account balance in Your Account until You supply such documentation and our verification process is completed satisfactorily.

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 in connection with Your use of the Platforms. 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.

If we reasonably believe you have opened multiple Accounts, or that you operate multiple Accounts, whether in your own name or under different name, We reserve the right to close Your Account(s). Should We have reasonable grounds to believe that multiple Accounts have been opened with the intention to defraud Us, We reserve the right to cancel any transaction related to said fraud attempt and any funds in those Accounts will be forfeited. If You have lost Your Account name or password, please contact Us for a replacement.

5. NO GROUP EMPLOYEES, AFFILIATES OR SUPPLIERS

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, You are not permitted to register for an Account with Us or to use directly or indirectly any of the Facilities (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 Facilities. For these purposes, the term 'relative' shall include (but not be limited to) any of a spouse, partner, parent, child or sibling.

6. YOUR USE OF THE FACILITIES

6.1.

In the interests of ensuring fairness, We may take any measures as we deem appropriate in order to create a fair and balanced game play environment.

6.2

Without prejudice to any of Your current and pending transactions involving Facilities, We reserve the right to suspend, modify, remove and/or add to any of the Facilities in Our sole discretion by notification to You by email with immediate effect and, to the extent permitted by law, We will not be liable for any such action.

6.3.

We forbid the use of all unfair practices when using the Facilities. We do this to protect Our customers and the integrity of the Facilities. Please read Our Anti-Cheating Policy at section 27.4. 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 16 of these terms and conditions.

6.4.

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.

6.5.

We reserve the right to suspend Your use of certain of our Facilities, Platforms or any games on our Platforms from time to time.

6.6.

No communications or information published on the Facilities is intended to constitute legal or tax advice and we accept no liability for any reliance on such content.

6.7.

For the purpose of any reference to time in connection with your use of the Facilities, We use the timezone GMT+1 unless otherwise specified.

6.8.

Your use of the Facilities is for Your personal use only. You may not use the Facilities for any commercial purpose without our prior consent in writing.

6.9.

We take Responsible Gaming seriously. If (i) You have been diagnosed with a gambling disorder or (ii) You are undergoing treatment for a gambling disorder, You are not allowed to use our Facilities. If You feel You have lost or may lose control over Your gambling or gambling expenses or feel at risk of losing control, You must notify Us immediately. Please also see the responsible gaming function available on Your Account, via the Account, My Details, Responsible Gaming section of Your Account or by clicking here.

7. COPYRIGHT AND TRADEMARKS

The terms GVC Holdings PLC, partypoker-sochi and any other marks used by the Group are the trade marks, service marks and/or trade names of the Group or one of its subsidiaries or associated companies or its licensors. Further, 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 obtain no rights in such copyright material or trade or service marks and must not use them without the Group's written permission.

8. ELECTRONIC SERVICES PROVIDER

In order to use the Facilities, You will be required to send money to and may be required 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 then these Agreements shall prevail.

 

9. BONUSES

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 Facilities 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, in respect of any qualifiers or restrictions.

10. WITHDRAWALS

10.1.

Your account balance is the amount of real money paid into Your Account (by You or Us), plus any winnings (including bonuses which have not met the applicable wagering restrictions) and/or minus any losses accrued from using the Facilities, 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) or any sums which are otherwise deductible or forfeited under these Agreements ('Account Balance').

10.2.

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 Agreements. All amounts You withdraw are subject to the transaction limits and withdrawal methods that We notify You of before cashing out. For further details of current deposit and withdrawal options and fees please see CashierWithdrawals will be remitted only to the same account from which the funds paid into Your Account originated where the payment method permits the processing of withdrawals.

10.3.

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 by wire, credit card and/or any other manner which We select in Our sole discretion, although We will try to accommodate Your preferences as indicated by You when You register. We may carry out additional verification procedures for cumulative deposits of €2,000.  The value of cumulative deposits is calculated on the basis of a rolling period of one hundred and eighty (180) days.

10.4.

Payments will be made as soon as reasonably possible (subject to up to two business days internal processing time), although there may be delays due to any Security Review (see Section 15 below) undertaken by Us and save where We hold any such payments in accordance with these Agreements. Transactions are checked to prevent money laundering and suspicious transactions will be reported to the relevant authorities. 

  

11. THIRD PARTY CONTENT

11.1.

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.

11.2.

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.

11.3.

Any violation of this policy may result in removal of the Third Party Content, a suspension of Your use of the Facilities and/or such other action as may be reasonably required by Us to ensure compliance.

11.4

We may, as part of the provision of the Facilities, provide chat boards, forums and other chat facilities that allow peer to peer communication with other customers and/or Us (the ‘Chat Facilities’).

11.4.1 The Chat Facilities are provided by Us to enhance our customer experience and may only be used in accordance with this clause 12.4.1 as follows:

11.4.1.1 You shall not make any statements or use the Chat Facilities in any way that is liable to that are sexually explicit or grossly offensive, including expressions of bigotry, racism, hatred or profanity;

11.4.1.2 You shall not make any statements that damage a third party’s reputation or which are abusive, harassing or insulting to other users of the Facilities;

11.4.1.3 You shall not make any statements that advertise, promote or otherwise relate to the business of any third party;

11.4.1.4 You shall not make any statements about Us, the Facilities or any other entity forming part of our Group or that is otherwise related to US that are false and/or malicious;

11.4.1.5 You shall not post or transmit any defamatory, threatening, obscene, harmful or pornographic material or material which would violate or infringe in any way upon the rights of others (including intellectual property rights, rights or confidentiality, or rights of privacy) or cause distress or inconvenience or which do not comply with all relevant laws;

11.4.1.6 You shall not post or otherwise make available any material which you do not own without the express permission of the owner of the material;

11.4.1.7 You may not copy, download, reproduce, republish, broadcast, transmit in any manner whatsoever, any material using the Chat Facilities without the permission of a moderator. We reserve the right to edit or delete any messages left, including without limitation, any messages that contravene any rules.

11.4.1.8 Using Chat Facilities for to collude with other customers, or any purpose that would result in a breach of these Terms of Use is strictly prohibited and may result in your Account being closed by Us.

11.4.2 We shall not be responsible for the misuse by third parties of any personally identifiable information that you may voluntarily or inadvertently share with other users using the Chat Facilities.

11.4.3 We shall be responsible for moderating the Chat Facilities and any records kept by us will be done so in accordance with these Terms of Use. If you breach any rules relating to the use of any Chat Facilities, We reserve the right to: (i) remove your access to any Chat Facilities; and (ii) close your account in accordance with these Terms of Use.

12. DISCLOSURE OF ACCOUNT NAME AND PASSWORD

The Account name and password selected when You register for an Account should not be disclosed to any third party. You are solely responsible for the security of Your Account name and password.

You agree to keep Your Account name and password secret and confidential and not to allow anyone else to use it. Every person who identifies themselves by entering a correct username and password is assumed by Us to be the rightful Account holder and all transactions where the username 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 or passwords. If You have lost Your Account name, username or password, please contact Us for a replacement. If You misplace, forget, or lose Your Account name, username or password as a result of anything other than Our error, We shall not be liable. In the event that you are found to have given access to a 3rd party to your account, we reserve the right to suspend and/or close your account and withhold any winnings/balance on it.

13. FRAUDULENT ACTIVITIES, PROHIBITED TRANSACTIONS AND FAILED DEPOSITS

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 Facilities 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 Standard 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 in an attempt to defraud or damage Us and/or the Group and/or the Facilities 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 Facilities and/or the Platforms (including but not limited to dealer table chat boards) to offer or promote any offers, products and facilities (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.

 

14. ERRORS

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 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 16 (Forfeiture & Account Closure) of these Terms and Conditions.

15. SECURITY REVIEW

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 Facilities, including but not limited to Your compliance with these Agreements and the policies of the Group and Your financial transactions carried out via the Facilities 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 for Us 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.

16. FORFEITURE & ACCOUNT CLOSURE

16.1.

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 FACILITIES OWNED OR OPERATED BY OR ON BEHALF OF THE GROUP AND, IN THE CASE OF YOUR USE OF THE POKER FACILITIES, ANY FACILITIES 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:

16.1.1.

You are in material breach of any of these Agreements;

16.1.2.

We become aware that You have used or attempted to use the Facilities 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);

16.1.3.

We become aware that You have played at any other online gaming site or facilities and are suspected of fraud, collusion (including in relation to charge-backs) or unlawful or improper activity;

16.1.4.

You have 'charged back' or denied any of the purchases or deposits that You made to Your Account; or

16.1.5.

You become bankrupt or analogous proceedings anywhere in the world.

17. TERMINATION & FACILITY CLOSURE

17.1.

You are entitled to close your account with us any time and end these contracts with a notice period of seven (7) days by withdrawing all of your account balance and sending us written notification by email. Once the notice period has ended, your account will be considered closed. During the notice period until the account is closed, you are fully responsible for any activities taking place via your account.

.

17.2.

If you wish to temporarily close your account, please activate an indefinite Facility Closure for all Game Facility. For this reason, the handling fee for inactive accounts will also be charged for accounts which are temporarily closed via the function “Facility Closure”.

17.3

Without limitation to section 16, 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 16, as soon as reasonably practicable refund the balance of Your Account. Where We have terminated pursuant to section 16, any payouts, bonuses and winnings in Your Account are non-refundable and deemed forfeited.

17.4.

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.

17.5.

The following Sections of these Terms and Conditions shall survive any termination of these Agreements by either party: 13, 16, 17, 18, 20, 21, 22, 23 and 24, along with any other Sections which are required for the purposes of interpretation.

18. COMPENSATION

YOU AGREE THAT YOU WILL ONLY USE THE FACILITIES 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 AND ARISE FROM ANY BREACH BY YOU OF THESE AGREEMENTS.

19. TIME-OUT AND SELF-EXCLUSION

19.1.

You may be entitled to lodge requests for a temporary time-out or indefinite self-exclusion by using the responsible gaming function available on Your Account, via the Account, Settings, Gambling Controls section of Your Account or by clicking here. Upon indefinite self-exclusion the outpayment of the account balance (less any bonuses) in Your Account will be initiated, subject to the terms of this Agreement. We reserve the right to take any of the above measures ourselves in respect of your Account in Our sole discretion.

19.2.

If You have elected indefinite self-exclusion from any of the Platforms provided by any Group company, 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.

19.2.1

In the event that you have managed to open or use an Account with any of the Platforms provided by any Group company while you have elected to self-exclude, We will take all reasonable measures to prevent You from wagering any real money gameplay across our services within 48 hours. In the event that we are able to link Accounts opened on a Platform provided by any Group company to self-excluded individuals, We shall take all reasonable steps to prevent access to that Account within 48 hours of becoming aware.

19.3.

In the event of a breach by You of 19.2 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.

19.4.

For the avoidance of doubt, in the event of a breach by You of 19.2 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 period You have selected.

19.5.

We allow You to set an individual daily, weekly and/or monthly deposit limit. All requests to reduce your deposit limit will be processed instantly. In order to efficiently prevent compulsive gaming, all deposit limit increase and/or removal requests will be processed after 24 hours from the initiation. You can set, or amend your deposit limits in the Gambling Controls section of Your Account.

 

20. LIMITATIONS AND EXCLUSIONS

20.1.

YOUR ACCESS TO THE PLATFORMS, DOWNLOAD OF ANY SOFTWARE RELATING TO THE FACILITIES FROM THE PLATFORMS AND USE OF THE FACILITIES OR ANY INFORMATION WE MAY PROVIDE IN CONNECTION WITH YOUR USE OF THE FACILITIES IS AT YOUR SOLE OPTION, DISCRETION AND RISK.

20.2

TO THE EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR: (i) ANY MALFUNCTIONS OF THE COMPUTER PROGRAMS RELATING TO THE FACILITIES WE MAKE AVAILABLE FROM THE PLATFORMS, (ii) ERRORS AS DESCRIBED IN SECTION 15, (iii) BUGS OR VIRUSES RESULTING IN LOST DATA, OR (iv) ANY OTHER DAMAGE TO YOUR COMPUTER EQUIPMENT, MOBILE PHONE OR MOBILE DEVICE, OR SOFTWARE.

20.3.

FURTHERMORE, WE SHALL NOT BE LIABLE FOR ANY ATTEMPTS BY YOU TO USE THE FACILITIES BY METHODS, MEANS OR WAYS NOT INTENDED BY US. WE ARE NOT REQUIRED TO PROVIDE REDUNDANT OR BACKUP NETWORKS AND/OR SYSTEMS.

20.4.

WE WILL PROVIDE THE FACILITIES WITH REASONABLE SKILL AND CARE AND SUBSTANTIALLY AS DESCRIBED IN THE AGREEMENTS. WE DO NOT MAKE ANY OTHER PROMISES OR WARRANTIES ABOUT THE FACILITIES.

20.5.

OUR MAXIMUM LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF THESE AGREEMENTS OR YOUR USE OF THE FACILITIES OR THE COMPUTER PROGRAMS RELATING TO THE FACILITIES WE MAKE AVAILABLE FROM THE PLATFORMS, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL BE LIMITED IN ANY TWELVE (12) MONTH PERIOD TO THE AMOUNT, IF ANY, YOU HAVE PAID FROM YOUR ACCOUNT IN BETS, RAKES AND/OR FEES, AS APPLICABLE, IN THE SAME TWELVE (12) MONTH PERIOD AND IN RELATION TO THE FACILITY RELEVANT TO WHICH THE LIABILITY IN QUESTION HAS ARISEN.

20.6.

THE GROUP (INCLUDING ITS OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES) WILL NOT BE LIABLE TO YOU IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR ANY INDIRECT LOSSES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, PROFITS, REVENUE, BUSINESS, OPPORTUNITY, GOODWILL, REPUTATION OR BUSINESS INTERRUPTION OR FOR ANY LOSSES WHICH ARE NOT CURRENTLY FORESEEABLE BY THE GROUP ARISING OUT OF THESE AGREEMENTS OR YOUR USE OF THE FACILITIES.

20.7.

NOTHING IN THESE AGREEMENTS WILL OPERATE SO AS TO EXCLUDE ANY LIABILITY WE MAY HAVE IN RESPECT OF EITHER FRAUD, OR DEATH, OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE.

20.8.

IF ANY PART OF THE AGREEMENTS ARE DEEMED UNLAWFUL, VOID OR FOR ANY REASON UNENFORCEABLE, THEN THAT PART SHALL BE DEEMED TO BE SEVERABLE FROM THE REST OF THE AGREEMENTS AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF THE REMAINING PROVISIONS.

21. NOTICES/COMPLAINTS

21.1

If You have any complaints about any aspect of Our conduct of the Facilities, You must submit Your complaint to Us as soon as is reasonably practicable following the date of the original incident to which the complaint refers by contacting Customer Support in the first instance. Complaints may not be raised via social media. It is Your responsibility to provide a complete summary of Your complaint with all relevant details, including but not limited to specific transaction details; exact date, time and time zone; any screenshot or video material you may have; copy of received promotional material; etc.

21.2

To the extent that you are dissatisfied with the resolution provided by Customer Support to your complaint within the process stipulated in 21.1. above you may submit your complaint in writing to complaints@partypoker-sochi.com. You may also submit notices to Us in writing to: Customer Services Manager, Penthouse, Palazzo Spinola Business Centre, number 46, St. Christopher Street, Valletta VLT 1464, Malta. Any notice We give to You (save as otherwise set out herein) will be sent to the email address that You provide when You register 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.

21.2.1

You should receive an acknowledgement of the receipt of your complaint within 24 hours from the time we have received your complaint as set out above. The final position will be provided via email within 10 days from the time it was received, provided that in certain cases this can be extended by a further 10 days. In the event that more information is required from You, this period would be paused until such time that You provide it, at which point the process would continue from where it had previously stopped. 

21.3

To the extent that You are not satisfied with Our final response through the complaints procedure stipulated above You may contact our alternative dispute resolution (ADR) provider, eCogra (if you are an EU citizen). eCOGRA is a dispute resolution service provider who we have appointed as an independent entity to offer alternative dispute resolution facilities for disputes (namely any complaint which relates to the outcome of a complainant's gambling transaction and is not resolved by Our complaints procedure stipulated above). The ADR service is free of charge. Please note that eCOGRA may reject complaints referred for dispute resolution on the basis they are frivolous or vexatious. A ruling from eCogra does not affect your right to seek further legal or judicial recourse. 

You may escalate your complaint directly to the Malta Gaming Authority by sending them an email on support.mga@mga.org.mt.

22. DATA PROTECTION

22.1.

We may share Your personal data with any of our agents who may only use such data for strictly the same purposes as We shall specify and within the terms of these Agreements. We shall use Your personal data in accordance with the Privacy Policy. Where We enter into a partnership with a third party whereby they carry out certain functions for Us or We operate under the brand of a third party, We may share and/or transfer your Personal Information and any other data relating to your use of the Facility with such third party. By using the Facilities and agreeing to these terms you hereby give your consent, for the purposes of all and any applicable data protection legislation and associated regulations, for Us to share and/or transfer this information and personal data to such third parties.

22.2.

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.

23. GOVERNING LAW

These Agreements shall be governed by and construed in accordance with the laws of Malta. The parties agree that any dispute, controversy or claim arising out of or in connection with these Agreements, or the breach, termination or invalidity thereof, shall be submitted to the exclusive jurisdiction of the Maltese Courts.

24. ASSIGNMENT

We reserve the right to transfer, assign, sublicense or pledge these Agreements, in whole or in part, to any person (but without Your consent) where You are notified of such assignment by email, and provided that any such assignment will be on the same terms or terms that are no less advantageous to You. You may not assign, sublicense or otherwise transfer in any manner whatsoever any of Your rights or obligations under these Agreements.

25. THIRD PARTY RIGHTS

25.1.

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 but this does not affect any right or remedy of a third party which exists or is available other than under local law or statute.

25.2.

For the avoidance of doubt, each member of the Group is an intended third party beneficiary of these Agreements.

26. ENTIRE AGREEMENT, MODIFICATION AND AMENDMENTS

You fully understand and agree to be bound by these Agreements. We may amend them from time to time and we shall email You to notify of the new terms. Upon receipt of any such email You shall have the option to either accept the new terms on next log in or to cease gambling and terminate Your Account in accordance with Section 17.2. It is Your sole responsibility to review these Agreements and any Notifications 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.

27. POKER FACILITIES

27.1.

The following terms apply only to Your use of the Poker Facilities. Please note that in the event of any conflict between this Section 27 and the remaining Sections of these Terms and Conditions, the remaining Sections of these Terms and Conditions shall prevail.

27.2. Play Money and Real Money Games

By registering for the Poker Facilities 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 Poker Facilities. No purchase is necessary or required to play the Play Money Games, save in respect to any cost You may incur to access the Poker Facilities, 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 Poker Facility in its sole discretion with immediate effect by notifying You by email and, to the extent permitted by law, We will not be liable for any such action.

27.3. Rules and Procedures of the Poker Facilities

You must use the Poker Facilities in accordance with the generally accepted games rules set out in the Rules section, and the procedures relevant to the Poker Facility You are using specifically set out in the Games section of the PartyPokersochi.com online site, including but not limited to the Promotions section, Tournaments section, Game Instructions & Rules section, the Tell a 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').

27.4. Cheating

27.4.1 Anti-Cheating Policy

We are committed to preventing the use of unfair practices in the Poker Facilities, including but not limited to player collusion, non-human players (bots), chip-dumping, scripting and other forms of inappropriate behaviour that provide players with an unfair advantage over other players on the site. 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 this Clause 27.4 or any other practices which We deem to be unfair or fraudulent, We reserve a right, in Our sole discretion, to block their account and permanently withhold available funds from within such accounts. 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 on by another player when using the Facilities, 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.

27.4.2 Collusion and Cheating

You are not allowed to gain advantage over others by, including but not limited to, sharing hole card information with another player at a table, sharing any information not available to another player, creating a coordinated strategy with another player, agreeing to share the prizes of a game, tournament or a promotion in any of Our game offerings. If You suspect other players at a table are colluding, You may report the details by emailing Us with as much information as possible about the incident at collusion@partypoker-sochi.com. If, in our reasonable opinion, You are found to be in breach of any of the sections of this clause 27, We reserve the right to put restrictions on Your Account, including account closure and confiscation of any account balance.

27.4.3 Third Party Tools

Refer to our third party tools policy. Any breach of this policy will be deemed by us a breach of this Agreement.

27.4.4 Chip-Dumping

Chip dumping occurs when any player intentionally loses a hand in order to deliberately transfer his chips to another player. Any player who we reasonably suspect of participating or attempting to participate in chip-dumping with any other player, while using the Facilities may be permanently banned from using the Facilities and their account may be terminated and balance forfeited immediately. If You suspect that any player is participating in chip dumping, You can contact Us via email at alerts@partypoker-sochi.com. 

27.4.5. Big Blind Abuse

Upon starting a heads-up match, the player receiving the button is required to play an equal amount of small blinds and big blinds. The player receiving the button in the first hand is required to finish the game in a hand where the opponent receives the button.

27.5. Software

You may install and use the software We make available from the Platforms used to provide the Poker Facilities (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 Poker Facilities 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.

27.6. 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 Poker Facilities 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. 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.

27.7. 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. 

27.8. 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 Exchange Rates 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.

28. Membership of Our VIP Programme

We may offer, withdraw, revoke and/ or amend the terms of any membership of Our VIP programme at any time by notifying You by e-mail. 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.

Created: 08.05.2020

Version 1.0

Last modification date: 11/4/2020