1. General Information
Nexa Poker Terms and Conditions
1.1. WPT Global.com (the “Site” or “site” or “WPT Global”) is operated by Everstronglink Limitada, a company licensed and regulated by the laws of Tobique under license number 0000005 and registered at Province 01 San Jose, Canton 02 Escazu, San Rafael, On La Ceiba Street, House No. 400, Costa Rica (the “Company”, "company", “we”, “our” or “us”). Kashxa Limited, a Cyprus company with registration number 427606, having its registered office at Aigyptou, 12, Nicosia, 1097, Cyprus, is acting as a payment agent on behalf of the license holder entity Everstronglink Limitada.
1.2. This agreement establishes the Terms and Conditions (the "Agreement" or "Terms and Conditions") which constitute a binding contractual relationship between the Company and any person (“Player”, "Customer", "customer", “you”, or “your”) who opens an account with the Site and uses the services on the Site which includes without limitation playing the games and placing bets on the Site (the “Services”).
1.3. The commercial contractual relationship established in these Terms and Conditions is governed by the laws applicable in Tobique and you irrevocably submit to the exclusive jurisdiction of the courts located in Tobique in relation to any dispute in relation to the Terms and Conditions, the Services, and the Site.
1.4. It is essential that all Players read, accept, and agree to be bound by the following Terms and Conditions before accessing, registering, or using any of the gambling services offered on the Site.
1.5. By registering with the Company and/or by using the Services and/or by marking the "I accept these Terms and Conditions" box (or any other similar wording) you agree to be bound by the Terms and Conditions in its entirety and without reservation. As such, the Agreement constitutes a binding legal document between you and the Company, and the Agreement shall govern your use of our gambling services at all times.
1.6. If the Player disagrees with any of the following Terms and Conditions or does not wish to be bound by them, we strongly advise them to exit the Site immediately and not to open an account with us.
1.7. These Terms and Conditions also incorporate the Customer Dispute Resolution and the Sports Betting Rules and the Sports Betting Rules are included in the definition of "Terms and Conditions" and "Agreement".
1.8. The Terms and Conditions may be revised from time to time, and it is the Player’s sole responsibility to read this page on a regular basis (at least once a month). Whenever there will be material changes to the Terms and Conditions, the Company will notify Players before the new rules come into effect via the Player’s e-mail address provided during registration (“Registered Email Address”). It is the Player’s responsibility to keep their contact details up-to-date, as failure to do so may result in you failing to receive important account related notifications and information from the Company.
1.9. Players are solely responsible for the security and confidentiality of their account. In particular, Players agree to keep their login details confidential and are also solely responsible for any misuse of their account.
1.10. The Player cannot hold the Company, its employees, offices, directors, licensees, distributors, wholesalers, affiliates, subsidiaries, advertisers, promoters or other agencies, media partners and retailers responsible for any costs or expenses incurred, or for any liabilities and damages that may arise as a result of the Player's: (i) entry, use, or re-use of the Site, (ii) use of any materials on the Site, (iii) participation in the games, (iv) participating in the sports betting services; or, (v) acceptance of any prizes.
1.11. These Terms and Conditions may be provided in several languages. While we endeavor to accurately translate the present Terms and Conditions into other available languages, in the event of any discrepancy or inconsistency between the English language version and the versions in other languages, the English language version shall prevail as the main reference and in case of any disputes.
2. Opening an Account
2. 1. Personal Information
2.1.1. Cyrillic, Greek, Arabic, and other non-Latin scripts are not allowed.
2.1.2. Personal details should always be entered in Latin letters only; and for verification purposes, requested and provided supportive documents should bear the same information in Latin letters.
2.1.3. To play on WPT Global, the Player is required to open an account through which he/she can access the various products. To open an account, the Player must complete the registration process. Upon registration, the Player will be asked to enter their ‘Email Address ‘, ‘Country’, ‘Username’, ‘Password’. Before the Player is allowed to make a deposit or withdrawal, it is required to also enter the following information: ‘First name’, ‘Surname’, ‘Full address’ including ‘City’, ‘Zip Code’, valid ‘Phone number’, ’Gender’ and ‘Date of birth’. The Player agrees to provide complete, accurate and current information. The Player further agrees to inform the Company immediately if there is any change to such information.
2.1.4. The name registered on the Player’s account must match the legal name and identity of the Player. In addition, it must also match the name on the funding options, (bank cards, e-wallet, bank account) or any other payment method used to deposit or withdraw funds.
2.1.5. The Player can only possess one single account. We reserve the right to close any additional accounts opened in any way referable to the same person and we reserve the right to retain any monies in such accounts. If you notice that you have or can access more than one Player Account, you must notify us immediately.
2.2. Password
2.2.1. The Player is prompted to create a password that should have at least eight (8) characters, containing uppercase letters, lowercase letters and numbers.
2.2.2. The Player should not disclose his/her login and password to any third party. It is the Player’s responsibility to keep his/her account information, login, and password secret and confidential. Any unauthorized use of the Player’s login or password shall be the sole responsibility of the Player and be deemed as his/her use.
2.2.3. You will notify us immediately if you suspect that your login credentials might have become known to a third party. The Player is responsible for all activity on his/her account and all transactions will be regarded as valid, upon entering correct login and password details and is assumed to be the Player that originally registered with us.
2.3. Legal Age and Verification
2.3.1. The Services are restricted to individuals over 18 years of age, or the legal age at which gaming activities are allowed under Applicable Law ("Legally of Age"). Anyone who is not Legally of Age is prohibited to register, log in, access or perform any activity on this Site which includes without limitation from using the Services.
"Applicable Law" for the purposes of the Agreement means all applicable laws, orders, regulations, legal requirements (including the applicable codes, regulations, license conditions and standards of all gaming authorities, gambling authorities or Competent Authorities), and codes having legal effect.
"Competent Authorities" for the purposes of this Agreement means any applicable government, semi-government, administrative, judicial or quasi-judicial and regulatory authority, body, department, commission or agency.
2.3.2. We retain the right to perform background checks on you at any time including without limitation to check the identity and age of the Player. For the avoidance of doubt, we may at any time ask you for additional documentation, without limitation, in order to validate information or if you have breached this Agreement or any of our policies or procedures.
2.3.3. We reserve the right to request video interviews and enhanced KYC (Know Your Customer) verification to validate information related to historical gameplay, historical betting and poker knowledge. Processes include but are not limited to, answering questions in a live video interview, complete enhanced Identity verification with liveness detection and/or in rare cases the user will be required to play under security supervision via webcam to compare historical gameplay, historical betting and poker knowledge.
2.3.4. Whenever, following the completion of age verification, a player is identified as under the legal age, winnings will be forfeited and shall be retained by the Company, and the respective account will be closed.
2.4. Profile Updates
2.4.1. To make any changes to a Player’s registered personal details, we must receive and verify related supportive documents and/or information issued by the relevant authorities in the Player’s jurisdiction (i.e. address update – proof of new residential address; change of surname – marriage certificate; bank details – new bank details). We reserve the right to apply restrictions or close any account without prior notice in those cases where we find evidence of non-conformance or breach of these Terms and Conditions.
2.5. Serviced countries
2.5.1. All players are welcome at WPT Global. However, prior to attempting to open an account on the Site, it is the Player’s entire responsibility to ensure that they are not located in a jurisdiction where gambling is not allowed or is illegal and the Player is not in breach of any legislation or gambling regulation in force in a given jurisdiction.
2.5.2. We do not accept players from the countries falling into the below categories:
- Countries classified as high-risk or monitored jurisdictions by financial regulators.
- Countries where online gambling is strictly prohibited.
- Countries that are blacklisted or classified as critical or high risk by our service providers.
- Miscellaneous Countries.
Excluded territories
The following list may be amended at any time at our sole discretion if the classification and circumstances of the category criteria change. This list is not exhaustive, and it may not include all countries in which we do not allow players to register.
IT IS YOUR DUTY TO REGULARLY CHECK THIS AGREEMENT REGARDING ANY CHANGES TO THE FOLLOWING EXCLUDED TERRITORIES LIST.
The Excluded Territories are as follows:
Afghanistan, American Samoa, Aruba, Australia, Austria, Belarus, Belgium, Belize, Bolivia, Bonaire, Bulgaria, Burkina Faso, Central, African Republic, Chile, China, Christmas Island, Cocos (Keeling) Islands, Colombia, Congo - Kinshasa, Cook Islands, Costa Rica, Curaçao, Cyprus, Czechia, Denmark, Dominican Republic, Ecuador, El Salvador, Estonia, France, French Guiana, French Polynesia, French Southern Territories, Germany, Greece, Guadeloupe, Guam, Guatemala, Guyana, Honduras, Hungary, Iran, Iraq, Isle of Man, Israel, Italy, Japan, Latvia, Lebanon, Libya, Lithuania, Malta, Martinique, Mayotte, Mexico, Myanmar, North Korea, Netherlands, New Caledonia, Norfolk Island, Northern Mariana Islands, Ontario, Panama, Paraguay, Philippines, Portugal, Puerto Rico, Réunion, Romania, Russia, Saint Barthélemy, Saint Martin, Saint Pierre and Miquelon, Serbia, Sint Maarten, Singapore, Slovakia, Slovenia, South Africa, Spain, Suriname, Sweden, Syria, United Arab Emirates, United Kingdom of Great Britain, United States Minor Outlying Islands, United States of America, Uruguay, Venezuela, Virgin Islands, Wallis and Futuna, Yemen, Zimbabwe.
You are prohibited from using the Services from any of the Excluded Territories.
3. Privacy Policy
For information on how we use the data you provide us with, please see the Privacy Policy.
The Company must retain Players data for a minimum of five years.
4. Risk Management
4.1. Players warrant that they shall not use the Site for any unlawful or fraudulent activity and that the source of money used by the Player on the Site is not originating from illegal and criminal activities.
4.2. The Player is prohibited from selling or transferring his/her account and or balance to other individuals, and also from providing their login details to any third parties. This prohibition includes the transfer of any assets of value of any kind, including but not limited to ownership of accounts, winnings, deposits, bets, rights and/or claims in connection with these assets, legal, commercial or otherwise. The prohibition on said transfers also includes but is not limited to the encumbrance, pledging, assigning, usufruct, trading, brokering, hypothecation and/or gifting in cooperation with a fiduciary or any other third party, company, natural or legal individual, foundation and/or association in any way shape or form.
4.3. To successfully and fully validate personal details entered during the registration process and in order to conduct any background check on you (which may be conducted at any time), we may ask the Player to verify his/her identity and to provide us with all documents requested to confirm their registration information and financial details, including but not limited to: front and back copies of government-issued identification documents; proof of address issued within the last 3 months; front and back copies of funding options/methods used on the Site or any other documents evidencing your source of funds as may be necessary.
4.4. The copies of the documents provided to us must be clear, legible, in color and in high-quality. Requested documentation should be sent via the Registered Email Address or uploaded through the dedicated section within the application.
4.5. We reserve the right to apply restrictions or terminate the accounts where the registered holders have failed to provide the requested documentation within 30 days from the request. Restrictions on Players’ accounts could also be applied until full verification to our satisfaction has been completed.
4.6. Should we have reasonable grounds to believe that a Player attempts to elude or evade the security checks, supply false information, submit documents that are forged, stolen or which have been tampered with, submits documents which are not true and accurate and/or indulge in criminal activities, the result will not only be the immediate and irrevocable closure of the Player's account in question and the retaining of the funds in such account, but the Player will be added to the operator players' black list too. The banks shall also be notified and the Player will be reported to the relevant authorities.
4.7. Players are allowed to hold only one active account with us at any single point in time. Any similarities between several accounts in any way referable to the same person can prompt an inquiry by our security department. If a player attempts to open more than one account with the Site, they will be blocked. The Company reserves the right to retain any deposits, winnings, or bonuses which have been gained or accrued during the use of an extra active player account.
4.8. We reserve the right, at any time and at our own discretion, to verify Player's registration details and to ask for additional documentation to conduct checks against provided or retrieved information; or just to remain in line with governing compliance requirements.
4.9. If the Company blocks or suspends your account, your access to funds, log-in, gameplay, betting, deposits, and withdrawals are restricted (and which may be a combination of the foregoing).
5. Bonuses
For further information regarding our bonuses please see our Bonus Policy, which forms part of this Agreement.
6. Play
6.1. General
6.1.1. The Player agrees that deposits and withdrawals initiated on the Site will be processed by third-party payment processors and/or financial institutions referred to as ‘Payment Service Providers’ (PSPs). Thus, for the furtherance of such processing, the Player irrevocably authorizes us, as necessary, to instruct such PSPs to handle account deposits and withdrawal requests from their Player’s account, and irrevocably agree that we may give such instructions on their behalf. Furthermore, the Player agrees to be bound by the terms and conditions of each applicable PSP and in the event of conflict between this Agreement and the PSP’s terms and conditions, this Agreement shall prevail.
6.1.2. By entering and playing on the Site, you are acknowledging that by using the Site, our Services and/or the related software you are under the risk of losing money. It is the Player’s sole responsibility to assume the losses suffered through the Player’s account.
6.1.3. All funds will be processed, tracked and maintained in the currency chosen upon registration unless indicated otherwise.
6.1.4. We may carry out systematic verification procedures to confirm at least the Player’s identity at our own discretion.
6.1.5. Transactions are monitored to prevent money laundering and terrorism-financing activities. Suspicious activities will be reported to the relevant authorities in accordance with the relevant laws and regulations.
6.1.6. When choosing a payment method, you agree to its terms and to any charges or service fees displayed and that applies on the deposits and/or withdrawals you make through such payment method, if any. WPT Global shall not be held responsible for any variations in the amount of payments resulting from fluctuations in fiat or cryptocurrency exchange rates.
6.1.7. Players must not treat the Company as a financial institution. We will not tolerate activities aiming at saving or hiding funds on the Site, using the Site mainly to transfer funds from one payment account to another, exchanging currencies, and so on.
6.1.8. For security and anti-money laundering reasons, we reserve the right not to execute or validate financial transactions (deposits, withdrawals, refunds) to or from frozen, self-excluded, or closed accounts. The same applies to accounts under investigation.
6.2. Deposits
6.2.1. When you open an account on WPT Global, the payment methods available in your jurisdiction will appear on the cashier page of your Player’s account when you click on “Deposit”. We require you to make a minimum deposit before you can start playing the Real Money Games and place any wager with the sports betting services. This may change from time to time at the Company's sole discretion.
6.2.2. Deposits on the Site should be made with the sole intention of being able to access and enjoy the gaming services with real money.
6.2.3. Players are only permitted to fund their account using a payment method (e.g., card or bank account) registered in their own name and issued by a licensed financial institution or its authorised licensees. If it is determined that a player is depositing funds originating from another individual’s account or from third parties in general—including, but not limited to, receiving third-party funds into their own payment method and subsequently depositing such funds into their player account—the WPT Global reserves the right to:
Void any winnings,
Forfeit the full account balance (including both winnings and deposited funds),
and/or
Suspend or permanently close the account.
6.2.4. When making a cryptocurrency deposit, it is the Player's responsibility to execute the payment instructions properly. We will not compensate for any payment sent to an erroneous address, or any payment made using the wrong network.
6.2.5. Minimum and maximum limits apply to deposits depending on the method of deposit and as determined solely by us. We reserve the right to change the respective limits at any time should we deem so appropriate.
6.2.6. Deposited funds will be credited to your Account once the transaction has been authorised by your bank or chosen payment provider. WPT Global does not guarantee the processing time and accepts no responsibility for any delays caused by third-party financial institutions or payment service providers.
6.3. Withdrawals
6.3.1. The Player must first make a deposit and wager it at least once in order to be eligible to withdraw any funds from his/her account. All withdrawal requests are subject to transaction limits that may change from time to time at the Company’s sole discretion. Please note that funds are consumed instantly when playing. WPT Global may hence not provide refunds, cancellation of services or returns of goods with regards to deposits and/or in-game play.
6.3.2. Any subsequent amount deposited on a Player's account must be wagered at least one time in full to be eligible for a withdrawal. Players must generate rake or gross gaming revenue (GGR) equivalent to at least 10% of their deposited amount before a withdrawal request can be processed
6.3.3. When making a cryptocurrency withdrawal, it is the Player's responsibility to execute the payment instructions properly. We will not compensate for any payment sent to an erroneous address, or any payment made using the wrong network.
6.3.4. It is important to note that the declaration and payment of any and all applicable taxes and fees in connection with any winnings awarded to you and any other payments to you are your sole responsibility. The Company may report and/or withhold any amount from winnings if required by the relevant legislation or regulations.
6.3.5. Withdrawals by the Player can only be paid to the account and payment method from where the Player’s deposit had originated. If we are unable to do so, we will effect the withdrawal to an alternate account in the Player’s name, once the ownership of such an alternate account has been confirmed and verified.
6.3.6. If you deposit using several payment methods, we reserve the right to split your withdrawal across such payment methods and process each part through the respective payment method at our discretion and in accordance with governing regulations and policies.
6.3.7. Any withdrawal or refund which we agree to provide you may be subject to security reviews required by the Company. In order to withdraw any amount of money from a player account, the full amount of the deposit must be wagered at least once. We reserve the right to impose a 30% processing fee if any circumstance authorised by them warrants a withdrawal before the full amount is wagered. In order to make a withdrawal or provide you with a refund, we may ask you to provide one or more of the following documents:
6.3.7.1. Front and back copies of the card used or proof of e-wallet.
6.3.7.2. For Cards: The first 6 and last 4 digits visible on the front of the card.
6.3.7.3. Photographic ID: Front and back copies of the player’s current photo identification. The photographic ID can be in the form of a Driving License, Passport or National ID Card.
6.3.7.4. Proof of Address: A utility bill or a credit card statement (showing the player’s full name, address and the issuing body’s name or logo).
We reserve the right to request further information and/or documentation regarding your age, identity, source of funds, and place of residence following any deposits or prior to any withdrawal or refund, in particular prior to your first withdrawal, in order to validate your personal and financial details before having the funds released to you.
If verification with respect to your withdrawal or refund is not completed by us within 30 days we may cancel your withdrawal or refund request (as applicable).
6.3.8. Once we have completed the verification to our satisfaction, we will endeavor to process withdrawals or refunds within 72 hours.
6.3.9. Large withdrawals might take longer to be processed as they need to go through enhanced checks before being approved by our Security department.
6.3.10. The minimum amount you can withdraw at any time shall be five US Dollars ($5) or currency equivalent. We may also reserve the right to impose maximum withdrawal amounts per individual transaction on a general or individual basis. We reserve the right to change the respective limits at any time should we deem so appropriate.
6.3.11. Withdrawal processing times may vary depending on the selected payment method. While WPT Global will make reasonable efforts to ensure that all transfers to and from your Account are processed promptly, no guarantees are made regarding the exact duration of processing times, nor can we warrant that any timeframes provided will be met precisely.
6.4. Transfer of Funds
6.4.1. Players cannot transfer funds from one account to another.
7. Abandonment of Account Balance
7.1. If your account does not record any login and/or log out for a period exceeding thirteen (13) consecutive months (the “Grace Period”), your account shall be deemed to be inactive.
7.2. Once your account has been deemed inactive, you shall be notified thereof, and should you fail to withdraw the remaining (withdrawable) funds within thirty (30) days from the day the notice was sent, we shall be entitled to charge your account an administration fee of USD $10 (the “Inactive Account Fee”) which shall be deducted from your credit account balance as from the first day immediately following the Grace Period and shall continue to be so charged every thirty (30) days thereafter.
7.3. Notices given via Registered Email Address shall constitute valid and effective notices for the purposes of this article.
8. Play on the Site
THIS SITE HAS BEEN DESIGNED TO OFFER SERVICES, BETTING AND GAMES FOR PLAYER'S PERSONAL USE.
8.1. If available, players may enjoy the games in demo mode for free without betting real money, or they may log in and play for real money.
8.2. Players are prohibited from using devices such as robots or any other external player assistance (EPAs) program that distort normal play on the Site and give the player an unfair advantage. Players are required to make their own decisions when playing, without the aid of any information other than that obtained during the Players’ own play.
8.3. Players agree that steps may be taken to prevent the use of prohibited programs, which may include, but are not limited to, running checks on software operating concurrently with the poker room software.
8.4. Stakes and bets are confirmed only when received on our servers. Should there be a break in communication after you place a wager and it has been received on our servers it will still be considered to be valid, irrespective of the outcome. You will be informed that it has been accepted once communication is re-established.
8.5. If a game is started but fails or produces an inexact result due to a breakdown of the game account management software and/or of the game and/or of the random number generator (RNG), all the stakes and winnings coming from that game will be canceled and the game account balance will be restored to its position prior to the start of the game.
8.6. If a Player disconnects their session with the Company during an active game, the amount of the stake will be returned to the customer’s game account except in those instances when the stake has already been entered into play and transferred in favor of the winning player.
8.7. If for any reason, the Company incorrectly credits the Player’s account balance, we may void any amount or bonus which has been incorrectly credited to the Player’s account and/or if your account has been incorrectly credited with any amount the Player will immediately repay us such amount and/or we may deduct it from your account. It is your responsibility to immediately notify the Company of the error as soon as you become aware of it.
8.8. In the event of software or RNG malfunctioning, the amount of the stake will be returned back to the Player and all winnings of the Player derived from the stake will be void.
8.9. We reserve the right to terminate a game or any offer at our absolute discretion without cause at any time if there are technical difficulties affecting the game or the offer or the market.
8.10. The Company reserves the right to cancel any winnings obtained as a result of a fault in the server or gaming or betting system or any other malfunction, in such event of any winnings credited to your account, the Player will immediately repay us such amount and/or we may deduct it from your account. You waive all claims and indemnity in this regard. Any Player who abuses these technical faults will be subject to legal proceedings brought before the competent courts.
8.11. For our casino offering, a return to player pay-out ratio applies. In order to review specific pay-out ratios per game players may refer to the return to player rates (RTP) listed within the individual game frame. The term pay-out ratio or RTP refers to the relationship between stakes and winnings.
9. Bugs in the System
9.1. The exploitation of errors, programming bugs, or editorial errors used to the Player’s own advantage is prohibited and referred to as “bug-using”. Each Player is expected to notify the Company as soon as a bug is discovered by such Player. Players using bugs to their own advantage shall have their player account blocked for as long as it takes our technical teams to restore the Player’s account to what it was prior to taking advantage of the bug in question. The same rules apply to all Players who could have benefitted in whatever way from failing to report bugs or irregularities.
9.2. Because all actions and modifications performed on the Site are recorded, (registration, account modification, purchases, withdrawals, bets placed, etc), the Company is able to return an account to its original status prior to the appearance of any errors or programming bugs, in relation to the code of conduct of the Site.
9.3. If any of the above incidents occur and they have a negative impact on a Player or WPT 0or the Company, as applicable, the Player will be re-credited any unfairly lost funds, funds will be debited from the Player’s account for any funds unfairly won and/or you shall pay us the relevant amount you have won as a result of the bug in question.
9.4. The Company will determine, at its sole discretion, whether a Player has taken advantage of a situation, has benefited, or tried to benefit from an error, programming bug or editorial error. Once this has been ascertained, the Company will determine what further action to take, whether to proceed to a “rollback” of the account or its closure. The Player must accept these rules and regulations and modus operandi in advance, together with the possible decisions that could be taken following the event.
10. Disputes
10.1. Should the Player at any time feel dissatisfied with our products/services or feel in any way that we have not lived up to their expectations, they may send a dispute to [email protected] with the word ‘DISPUTE’ in the subject. The dispute will be passed immediately on to our management. We will handle your dispute in the shortest possible time.
10.2. You accept and agree that our records shall govern any dispute with respect to the Services.
10.3 If the player is not satisfied with the outcome of the dispute, the player can escalate the dispute with the Management team. The player can follow the following process here.
10.4. Once our Management team completes their investigation, the decision with respect to any dispute is final and binding.
10.5. If the Player is not satisfied with the final outcome, Player has the right to escalate to alternative dispute resolution (ADR) through CADRE via:
https://cadre.online/file-a-claim-international
10.6. If the Player is not satisfied with the final outcome, Player has the right to escalate the disputes to the Tobique Authority, via [email protected].
11. Limitation of Liability and Indemnification
11.1. The Services and/or the Site are provided "as-is". The Company makes no warranty nor any representation, whether express or implied in relation to the Services and/or Site, either of their condition, quality, fitness for purpose and/or accuracy. The Company further disclaims that the Services and the Site will be error-free, uninterrupted or that the Service is free from viruses or other malicious codes, or the accuracy of any information presented to the Player. You understand and agree that the use of the Services and/or the Site is entirely at your own risk and responsibility.
11.2. The Company and/or its affiliates shall not be liable to you or any third party in: (i) contract, tort, negligence, and/or otherwise, for any loss or damage whatsoever arising from or in any way connected with your and/or any third parties, use of the software, Site and/or the Services, whether direct or indirect, including, without limitation, damage for loss of business, loss of profits (including loss of or failure to receive anticipated winnings), business interruption, loss of business information, or any other pecuniary or consequential loss (even where we have been notified by you of the possibility of such loss or damage).
11.3. We and our affiliates shall not be liable to you with respect to our breach of these Terms and Conditions and with respect to the Site and/or the Services as a result of “Force Majeure”. Force Majeure shall mean any act beyond our control which includes without limitation: (i) any act of God (such as, but not limited to, fires, explosions, earthquakes, drought, tidal waves and floods); (ii) any war, hostilities (whether war be declared or not), invasion, act of foreign enemies, mobilization, requisition, or embargo; (iii) any rebellion, revolution, insurrection, or military or usurped power, or civil war; (iv) any riot, commotion, strikes, go slows, lock outs or disorder; or acts or threats of terrorism; and/or (v) any epidemic or pandemic.
11.4. You agree to fully indemnify, defend and hold the Company, its affiliates, their respective officers, directors and employees harmless immediately on demand from and against all claims, demands, liabilities, damages, losses, costs and expenses, including legal fees and any other charges whatsoever, howsoever caused, that may arise as a result: (i) any breach of the Terms and Conditions; (ii) any winnings received by you; (iii) your violation of a right of any third party; (iv) use by you of the Services and/or the Site; and/or (v) use by any other person accessing the Services and/or your account using your user identification, whether or not with your authorization.
11.5. You understand and agree that you will not have any recourse against any supplier who provides Services through us nor any member of its group nor any third party who is engaged by the supplier who has licensed or otherwise provides any part of the Services through us. Subject to Sections 12.1, 12.2 and 12.3, you acknowledge and agree that your sole recourse in relation to any complaint, dispute or claim related in any manner to the Services is with the Company alone.
11.6. Where we provide Services supplied by any supplier, you acknowledge and agree that the such supplier is the sole and exclusive owner of all intellectual property rights in and to their software and services.
12. Prohibited Activities
12.1. You agree not to use the Site and the Services for any unlawful, fraudulent, deceitful and/or dishonest activity (“Prohibited Activity”). Examples of Prohibited Activity can be found in Annex A - Prohibited Activity list.
12.2. If the Company has reason to believe that you have participated in or are connected with any form of Prohibited Activity, we reserve the right to lock the suspected Player’s account, access to funds, log-in, gameplay, betting, deposits and withdrawals. We also reserve the right to give warnings to Players who are in violation of the Prohibited Activities (two warnings may result in account closure), conduct enhanced due diligence and if deemed necessary, permanently terminate a Player’s account (any attempt to recreate a new account may lead to immediate confiscation of funds), retain all monies in such account, void your winnings fully or partially and/or recover any other sum from you which may be attributable to your participation in or connection to a Prohibited Activity. Without derogating from the foregoing, we may suspend or restrict your account or limit your access to games and tournaments and/or from placing sports bets.
12.3. The Company may inform relevant governmental authorities, financial institutions or other relevant third parties of the Player's identity and of any suspected unlawful or fraudulent activities.
12.4. In the interest of data protection, security, and avoidance of fraud, the Company does not permit the use of any communication channels included within the Services and/or the Platform to offer or promote any offers, products, or services (whether the Player’s or a third party's). The Player is expressly prohibited from posting information or contacting our customers to offer or promote any offers, products or services that have not been pre-approved by the Company.
12.5. We reserve the right to scan the user’s active software applications and processes to detect the possible use of AI or RTA assistance.
13. Warranties and Representations and Acknowledgment
13.1. You warrant and represent to us: (i) you are not under the age of 18 or the legal age for engaging in the activities included in the Site and/or Services under the law or any jurisdiction that applies to you, whichever is higher; (ii) you are not located in any of the jurisdictions detailed and/or described in Section 2.5.2; (iii) your use of the Site and/or Services shall comply with all Applicable Law; (iv) (iv) you are fully aware that there is a risk of losing money when gambling by means of the Services and/or the Site and you are fully responsible for any such loss. You agree that your use of the Services and/or the Site is at your sole option, discretion, and risk. In relation to your gambling losses you shall have no claims whatsoever against the Company or its affiliates; (v) you shall use the Services and the Site in complete accordance with the terms and conditions of the Agreement, as amended from time to time; (vi) you shall abide by all of the rules and instructions for playing the games and placing the wagers that comprise the Services; and/or (vii) you are solely responsible for recording, paying and accounting to any relevant governmental, taxation or other authority for any tax or other levy that may be payable on any winnings paid to you.
13.2. You acknowledge and agree that you must comply with all Applicable Law.
14. Breach of the Terms and Conditions
In the event we determine that you have breached the Terms and Conditions, or we believe that you have breached the Terms and Conditions, we reserve the right to terminate your account, retain all monies in such account, void your winnings fully or partially and/or recover any other sum from you which may be owed to us. Furthermore, without derogating from the foregoing we reserve the right to restrict your account.
15. Termination of Your Account
15.1. If you wish to terminate your account with the Company, please send an email to [email protected], with such termination to take effect upon the Company terminating your account.
15.2. We may terminate your account at any time if for any reason we decide to discontinue providing the Site and/or the Services in general or specifically to you or for any other reasonable grounds we see fit.
15.3. You remain responsible for activities using your account until it is closed.
15.4. Any negative balance on your account will fall immediately due and payable to us.
15.5. On termination of your account for any reason you shall discontinue the use of the Site and/or Services. In addition, should your account be terminated or suspended for any given reason you shall forfeit your right to any rake back, cash back or any other bonuses which are due to be received in regards to the poker product offered on the Site after the said termination or suspension.
16. Responsible Gaming
16.1. Gambling is an amusing way of spending time, and it can be very entertaining, but we would like to encourage Players who feel their gambling is becoming problematic, to utilize the tools available on the Site and to reach out for help, especially if you are experiencing financial difficulties due to excessive gambling. Should that be the case, we strongly advise you to immediately cease any gambling activities and seek professional help. There are a number of organizations available to help compulsive gamblers, including Gambling Therapy, Gamblers Anonymous, and Gam-Anon.
16.2. Any Player can request to be temporarily or permanently self-excluded by contacting Customer Service at [email protected]. Any request to increase the period of self-exclusion shall take effect 24 hours upon the request made by the Player, whereas any request to decrease the period of self-exclusion shall take effect 7 days upon the request made by the Player and only at the operator’s discretion.
16.3. We reserve the right to enforce a cooling period of up to one year, or a definite closure of accounts with:
• frequent temporary self-exclusion or
• frequent temporary self-exclusion requests.
16.4. The request to unblock an account before the end of its self-exclusion period will be thoroughly scrutinized by our responsible gambling department. It could be approved, but the final determination lies at the sole discretion of the Company.
16.5. In the event that a Player succeeds in opening a new account using false data or via any deceitful means during a self-exclusion period, the liability for any losses incurred by this Player as a result of opening this new account will fall on the Player and not on us.
16.6. Any request to withdraw the remaining balance standing in the Player’s favor (excluding any bonus funds) should be submitted prior to any self-exclusion and cannot be validated during the self-exclusion period.
16.7. In case of definite self-exclusion or account closures following responsible gambling issues, the remaining balance standing in customers’ favor (excluding any bonus funds) will be only eligible to withdraw up to the value of the deposit from which the winnings constituting this balance have derived.
17. Intellectual Property and Information Technology
17.1. All rights, patents, trademarks, and other intellectual property rights on any material or content (including without this list being exhaustive, all software, texts, brands, logos, sounds, illustrations, data, symbols, names, distinctive signs, videos, images, interfaces, screens, as well as terms of use vision the Site ("Content"), belong to the Company or have been granted for our benefit by the owners or licensors of the rights. Use of such Content and intellectual property rights relating thereto without the prior written and express consent of the owner is not permitted and constitutes an infringement punishable by law. Nothing contained in these Terms and Conditions shall be construed as conferring by implication any license or right to use any trademark, patent, design right or copyright that belongs to us or any third party. All rights are reserved.
17.2. You hereby acknowledge and agree that with respect to the Services and the related software and any documentation we provide you with (the "Services, Software and Documentation"), you shall not:
17.2.1. use, copy, modify, create derivative works from or distribute the Services, Software and Documentation, any part of it, or any copy, adaptation, transcription, or merged portion of it;
17.2.2. decode, reverse engineer, disassemble, decompile or otherwise translate or convert the Services, Software and Documentation or any part of it
17.2.3. transfer, loan, lease, assign, rent, or otherwise sublicense the Services, Software and Documentation;
17.2.4. remove any copyright, proprietary or similar notices from the Services, Software and Documentation (or any copies of it); and
17.2.5. operate the Services, Software and Documentation or any part of it whatsoever, including by way of application services, provider services, internet services provider services, timesharing arrangements, outsourcing services or bureau services.
18. Essentials of Anti-Money Laundering (AML) Procedures
18.1. As an operator we endeavor to comply with the Prevention of Money Laundering Act and all associated regulations. We are determined to be completely on guard on preventing cases of money laundering and financing of terrorism and will make all efforts to protect ourself and our affiliates from such activities.
18.2. All transactions are monitored and/or reviewed to prevent money laundering. We may suspend, block, close the Player’s account, and/or withhold funds, according to the relevant Anti-Money Laundering directives.
18.3. Therefore, the Company applies the following actions:
18.3.1. Prevents players residing from high risk or non-reputable jurisdictions from playing.
18.3.2. Asks all players to fill in their identification details while opening an account and to supply us with all information and supporting documentation needed in order to comply with applicable AML related regulations.
18.3.3. Keeps in its possession a secure list of all registered Players, their identification, and transactional documentation.
18.3.4. Prevents underage players from accessing and using the Site.
18.3.5. Prevents players from opening or operating more than one account.
18.3.6. Rejects or blocks anonymous accounts or accounts in fictitious names where the beneficial owner can’t be clearly and easily identified.
18.3.7. Forbids cash transfers to and from Players. Funds can be received from Players only by electronic and traceable funding options available on our deposit page.
18.3.8. Requires that the source of funds used to deposit belongs to the Player’s account holder.
18.3.9. Requires likewise, for winnings to be only paid out to beneficiary accounts belonging to the Player’s account holder and after proper anti-money laundering checks.
18.3.10. Prevents means of funds transfer between accounts or account holders via the Site.
18.3.11. Checks the background and intentions of any complex or large transactions and any transactions which are likely to be related to money laundering or the funding of terrorism.
18.3.12. Cooperates with all relevant administrative, enforcement, and judicial authorities in their duties to prevent and detect criminal activity.
19. General
19.1. If any of the Terms and Conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining Terms and Conditions which will continue to be valid to the fullest extent permitted by law.
19.2. You may not transfer, assign, sublicense or pledge the Terms and Conditions, in whole and in part, without our prior written consent. The Company reserves the right to transfer, assign, sublicense or pledge the Terms and Conditions, in whole or in part, without your consent.
19.3. Nothing in the Terms and Conditions shall be construed as creating any agency, partnership, or any other form of joint enterprise between you and us.
19.4. No failure or delay by us in exercising any right under these Terms and Conditions shall operate as a waiver of this right. Similarly, any single or partial exercise of any right shall not preclude any further exercise of any of these rights or the exercise of any other right.
19.5. The Terms and Conditions and any document expressly referred to in them and any guidelines or rules posted on the Site represent the entire agreement between us in relation to the subject matter of the Terms and Conditions and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
19.6. Unless otherwise expressly stated, nothing in the Terms and Conditions shall create or confer any rights or any other benefits to third parties.
19.7. Nothing in the Terms and Conditions shall be construed so as to grant you any security interest whatsoever over the assets of the Company, including for the avoidance of doubt on any amounts standing to the credit of your account.
ANNEX A - PROHIBITED ACTIVITY LIST
1. Use of the Site or the Services in any way as a money transfer system.
2. Use of the Site or the Services in any way for money laundering.
3. Collusion, which includes without limitation:
- Any attempt to collude with any other user.
- Cooperating with other users to the financial detriment of others.
- Card sharing.
- Sharing future strategy decisions.
- Soft playing.
4. Abusing or attempting to abuse a bonus or promotion.
5. Accessing or attempting to access the Site or Services from one of the Excluded Territories.
6. Using or attempting to use any third-party software add-ons, which includes without limitation:
- Using or attempting to use any tool, service, script, or software that automates or aids in decision making of bet sizing or strategy.
- Referencing software, strategy charts or plots, range matrices, or any other aid that includes betting or strategy information.
7. Data mining & information sharing or attempting to do such which includes without limitation:
- any act to data mine information about Players’ tendencies, hand histories, or strategies.
- sharing or recording hand histories that were not played on an individual's account.
- sharing Player notes or hand histories.
8. Sitting at the same table with someone with whom you have close financial ties which includes without limitation staking, swapping, profit-sharing or bankroll sharing.
9. Attempting to or circumventing any of our policies, rules, or automated restrictions.
10. Intentionally disconnecting from a game or tournament while playing or while placing a bet.
11. Using false or misleading information to open your account.
12. Any attempt to hide or mask your location, which includes without limitation: Use of a VPN, proxy or geolocation service or application to hide, mask or alter the location or the identity of the device used to access the Site or the Services.
13. You are located in any territory in which the use of the Services or Site is not legal.
14. You break into, access or attempt to break into or access or otherwise circumvent the Site’s security measures.
15. Use of the Site or the Services other than for your personal and recreational use.
16.You allow (whether intentionally or unintentionally) someone else to use your account.
17. You are accessing or attempting to access the Services or Site in contravention of the laws of the country where you are located.
18. If we have received a “chargeback” and/or a "return" notification via a deposit mechanism used on your Account.
19. Utilization of software to gain an unfair advantage.
20. Game or tournament manipulation, unethical play, use of strategies aimed at winnings including without limitation progressive or negative betting systems such as martingale betting, using the Paroli Betting System, low risk betting, and/or using the Reverse Labouchere.
21. Chip dumping.
22. Using or attempting to use screen scrapers.
23. Using or attempting to use sutomatic note takers.
24. Using or attempting to use HUDS: display Player information.
25. Using or attempting to use automated seating, betting or table monitoring software (table organization and resizing tools are permitted)
26. Using or attempting to use Screen sharing or remote desktop applications.
27. Using or attempting to use virtual machines, rooted devices, or Emulators.
28. Making untrue and/or malicious comments with regards to the Company's operation in any media or forum.
29. Engaging or attempting to engage in predatory behavior which includes without limitation:
- Seat hopping.
- VIP hunting.
- Seat scripting.
- Ratholing.
- Grimming.
- Hit and running.
- Buttoning.
- Tanking.
30. Any attempt to mislead or misleading an investigation including but not limited to circumventing our KYC procedures, forging documents, or faking identity.
31. Taking or attempting to take advantage of any error.
32. Using or attempting to use stolen sources of funds.