pokercasinosports

GENERAL CUSTOMER TERMS

INTRODUCTION

Welcome to PokerStars – we hope you have fun with us! We pride ourselves on providing the most exciting Games in a safe and secure environment, and we believe in educating our players to empower them through knowledge.

These general terms of service (the “General Terms”) explain the things you need to know about using our Services. Thank you for taking the time to read them. If you would like to keep a copy you can download the General Terms here, and if after reading them you still have questions, or you would like to request an earlier version of the General Terms, you can get help here.

THE ESSENTIAL BITS

The General Terms are a legally binding contract made between you and us, which you accept by checking the box when you create an Account. Everything in the General Terms is important and has the potential to affect your interests, so please read the General Terms in full before you accept them. Reading them will take about 20 minutes. However, to make it easier for you to understand the General Terms and what they mean for you, we’d like to highlight the following:

  • Flutter Group is one of the most licensed online gaming organisations in the world. Part A – Website Specific Terms sets out the things we need to tell you according to the license you are playing under. This includes details about who we are, our contract with you, and the license we hold for the Website, as well as practical information such as the personal information you need to provide to create an Account and how you can get help with or make a complaint about the Services. In Part A we also tell you about additional terms and conditions that apply to specific Games and Services and which also form part of the General Terms. You should read these additional terms and conditions before you accept the General Terms or use the relevant Games and Services.
  • We want to provide a safe, enjoyable space for all players. This includes holding players to certain standards of conduct when using our Services. The account terms and standards that apply to all our players, wherever they play, are set out in Part B – Generally Applicable Terms.
  • When you see capitalised words and phrases in the General Terms, it means they have a specific meaning. Those meanings are given in Part C – Definitions, which you can always refer to. Part C also contains a full Contents List, so that you can easily navigate between the different Parts and Sections of the General Terms.

Key things you need to know:

  • Download – register – play. To get started, all you need to do is download our app or software and create an Account. There are some eligibility criteria you need to meet to hold an Account, such as being a certain minimum age, and the Account must be for your own, personal use. To see all Account Requirements click here. You are only allowed one Account on the Website. We will close any additional Accounts (or all Accounts if multiple Accounts are opened deliberately or fraudulently). Please see Part B Section 3 for more detail.
  • Safety and security. Gambling involves an inherent risk of losing money. You can manage your budget when playing online by using our player-friendly tools (see our Responsible Gaming page). We hold players’ funds in segregated accounts, so that your money is always protected.
  • Withdrawals and when they may be delayed. We provide you with easy access to your funds. You may request a withdrawal at any time and it will usually be processed quickly. However, if the funds you want to withdraw are the subject of a chargeback, reversal or other cancellation claim, or we are investigating any Error, Malfunction or Interruption related to your use of the Services or your involvement in any Prohibited Event, the withdrawal will not be processed unless and until those issues are resolved. Please carefully read Part B Section 9, which explains this process in full, and see below for what we mean about Errors, Malfunctions, Interruptions and Prohibited Events.
  • Inactive Accounts. If you have not logged in or out of your Account and/or have not made any transactions on it for a period of at least 6 months, then you will need to comply with certain Verification Requests before you will be allowed to gamble or request a withdrawal of any positive balance. If you have not logged in or out of your Account and/or have not made any transactions on it for a consecutive period of 24 months or more, then it will be deemed to be “inactive” and will be suspended. We will close your Account if it remains inactive for a period of 4 years from the date it was suspended.
  • Errors, Malfunctions and Interruptions - when we will void transactions and recover or not pay out winnings. In certain situations where something goes wrong with the Services, we will void transactions and either not pay out winnings, rewards and other credits (such as bonus amounts) or ask you to pay them back if you have already received them. Specifically, we will take these actions if an ‘Error’, ‘Malfunction’, or ‘Interruptionhappens to the Services or Software while you are using them. Each of these words has a particular meaning, so please read the definitions carefully. We will take these actions even if the Error, Malfunction or Interruption in the Services or Software was not apparent to you or to us at the time, and only came to light after we reviewed the completed transaction(s). Please carefully read Part B Section 10, which explains this in full.
  • Prohibited Events - when we will restrict, suspend or close your Account. Integrity of the Services and between players is important to us. To maintain it, we will restrict or suspend your Account, your ability to play certain Games, and/or any other aspect of your access to or use of the Services, if we believe you have taken part in a Prohibited Event. A ‘Prohibited Event’ is an event or practice that is not allowed in relation to the Services or Software. It includes things like cheating, collusion, using stolen funds, providing untrue or misleading information, and using the Services in a disruptive, offensive or illegal way. Please carefully read Part B Section 14, which lists all the different Prohibited Events, and ensure you do not take part in any of these things. Please also carefully read Part B Section 17, which provides more detail about our rights to restrict, suspend or close your Account for Prohibited Events.
  • Prohibited Events - when we will void transactions and recover or not pay out winnings. If we find out you have taken part in a Prohibited Event, then to maintain the integrity of the Services we will void transactions attributable to the Prohibited Event and either not pay out related winnings, rewards and other credits (such as bonus amounts) or ask you to pay them back if you have already received them. Please see Part A Section 14.
  • Prohibited Events - when you must compensate us. If we find out you have taken part in a Prohibited Event, then we will ask you to compensate us for any loss we or other players suffer as a result of your participation in it. For example, if you win a Game by cheating, we expect you to pay back the money you won.
  • When we are always legally responsible to you. There are certain things prescribed by law we will always be responsible for, and nothing in the General Terms affects that, even if something we say suggests otherwise (such as in the following bullet points). For example, nothing in the General Terms affects any statutory rights you have as a consumer.
  • We have no responsibility for things we can’t control. You won’t be entitled to any compensation if we can’t provide any Services or do any of the things we say we will under the General Terms, or if you lose out financially in any way, because of things we don’t have control over. For example, we won’t compensate you if change in a law or regulation means we can’t operate the Website, or if your bank charges you a fee to deposit funds into your Account. We call each of these things an ‘Event Beyond Our Control’. Please carefully read this definition, which gives you more examples, as well as Part B Section 20 which explains all this in more detail.
  • Other situations where we have no responsibility. We have no responsibility to you (for example we don’t have to compensate you) when neither of us could have anticipated the outcome of a situation, or we are not at fault in a situation. For example, we will not be responsible for anything: (1) you could have avoided by taking reasonable action; (2) caused by you providing invalid, incomplete or incorrect information; (3) caused by your use of Permitted Tools and Services; (4) resulting from a Prohibited Event; (5) resulting from an Error, Malfunction or Interruption; or (6) resulting from our decision to restrict, suspend or close your Account as allowed by the General Terms. Please carefully read Part B Section 21, which explain all this – as well as when you need to compensate us and when we will and will not be legally responsible – in more detail.

PART A: WEBSITE SPECIFIC TERMS


INFORMATION ABOUT YOUR ACCOUNT AND YOUR CONTRACT WITH US

1. Who we are
1.1

TSG Interactive Spain S.A. is a company incorporated in Ceuta (company number A16799330) with registered address at Paseo de las Palmeras, Number 10, Mezzanine office No. 1, Ceuta 51001, Spain (“TSG”); and (b) Stars Mobile Limited is a company incorporated in the Isle of Man (company number 008457V) with registered address at Douglas Bay Complex, King Edward Road, Onchan, IM3 1DZ (“Stars Mobile”). TSG and Stars Mobile are companies in Flutter Group.

1.2

TSG's address for notices is Asensi Abogados, Avenida Jaime III, No. 1, Primera Planta, 07012 Palma de Mallorca, Balearic Islands.


2. The contract between you and us
2.1

The General Terms apply to your access and use of the Services. By clicking to accept the General Terms when you create an Account a contract is created, and otherwise accessing and using the Services, and you will be legally bound by the General Terms and any additional terms and conditions that form part of the General Terms (these are listed in Part A Section 21 and called ‘Rules’). If you don’t agree to the General Terms or any part of them (including the Rules), you shouldn’t access or use the Services or the relevant part of them. The contract between you and us will stay in force until you or we decide to end it.

2.2

When you play Play Money Games, the contract is between you and Stars Mobile, and PokerStars/we/us/our in the General Terms means Stars Mobile. For all other uses of the Services, the contract is between you and TSG, and PokerStars/we/us/our in the General Terms means TSG. This means TSG has no responsibility or obligation to you in relation to Play Money Games, and Stars Mobile has no responsibility or obligation to you in relation to Real Money Games.

2.3

Betting contract. When you play Real Money Games, each bet or wager you place with us constitutes a distinct betting contract between you and us on the following terms:

2.3.1 the betting contract typically comprises: (a) an offer from us; (b) your acceptance of our offer and consequent betting/wagering of a specified amount; and (c) our acceptance of your bet/wager and our confirmation to you that your bet/wager has been concluded with us;

2.3.2 until we confirm your bet/wager to you, it cannot be deemed to have been effectively concluded. We will not confirm your bet/wager in the following circumstances:

(a) to protect you (for example if you display pathological behaviour and/or refuse to self-exclude or self-prohibit);

(b) to protect the viability of the markets offered from time to time (for example in relation to those offered events where there is an extraordinary or unbalanced number of bets on the same market, being a minority or unique event/market);

(c) to protect other Users (for example if we discover or have reason to believe you have taken part in any Unethical Play); or

(d) to protect us and Flutter Group (for example if you participate in any Prohibited Event); and

2.3.3 depending on the level of risk, instead of rejecting your bet/wager, we may offer to accept your bet/wager up to a certain amount. In such a case, you will always have the right to refuse our offer and therefore not to conclude such a bet/wager. Again, for the avoidance of doubt, no bet/wager will be deemed as completed until we have confirmed it.

2.4

Your rights. When you play Games, you have the following rights: (a) to receive clear and accurate information about the rules of the Game you want to play; (b) to collect any prizes owed to you in the time and format stated in, and otherwise in accordance with, the rules of the relevant Game; (c) to play each Game for the period of time corresponding to the price you have paid for the round in question; (d) to play Games freely, without coercion or threats from other Users or any third party; (e) to manage your Account information and funds, and have available to you at all times information about the balance of your Account as well as the amount you have played or bet over at least the last 30 days; (f) to obtain clear information about the time you have spent playing Games; (g) to provide proof of identity securely and have your personal data protected; (h) to have information about who we are available to you at all times; (i) to file claims with the DGOJ against decisions made by us that affect your interests; and (j) to obtain information about our responsible gaming practices and to access the General Register of Prohibited Access to Gambling (RGIAJ) when required.

2.5

Your obligations. When you play Games, without limiting your obligations under any other parts of the General Terms, you have the following obligations: (a) to identify yourself to us in accordance with Spanish gambling regulations; (b) to not interfere with the normal progress of the Games; (b) to conduct yourself in an honest and respectful manner towards us and other Users; (c) to follow Spanish gambling regulations applicable to the Games; (d) to not transfer your Username or Account to any third party nor facilitate its unauthorized use; and (e) to not transfer any funds or other assets from your Account to any other User’s Account.

2.6

Our rights. PokerStars will have all those rights that are established in the General Terms.

2.7

Our obligations. TSG has the following obligations towards you: (a) to verify at least once a year that Users are not enrolled in the General Register of Prohibited Access to Gambling (RGIAJ); (b) to retain the gambling contract for a period of 6 years from the date your Account was closed and take all necessary measures to protect your data; (c) to request your express consent if we make changes to our contractual relationship or if we want to transfer the contract to someone else; (d) to keep a detailed record of your Account transactions and bets made for a period of 6 years; (e) to perform routine checks on the correct use of your Account. If an anomaly or potential violation is discovered, we will report it immediately to the DGOJ and SEPBLAC (Spain’s financial intelligence unit); (f) to record all transactions concerning your Account, including debits and credits, by correctly documenting all identifying details. This will notably include all details relating to bets, winnings, refunds, deposits, withdrawals and bonuses received; (g) to pay out prizes in accordance with applicable Spanish gambling regulations; and (h) without affecting any other actions we are entitled to take under the General Terms, to report to the DGOJ any Users who are suspected of collusion or fraudulent use of credit cards in connection with their Account.


3. Changes to the General Terms
3.1

We may change the General Terms at any time, for example to correct information, reflect changes to the Services or our business practices, or to comply with applicable law or a change in our regulatory requirements. We will tell you about and ask you to re-accept any significant changes. If you don’t agree to the changes then you should stop using the Services and you may request a withdrawal of any positive balance on your Account. We will process that request unless we have a right to delay the withdrawal, void any related transactions, or recover or not pay out any winnings, rewards or other credits under the General Terms.

3.2

We encourage you to visit the Website regularly to check the version of the General Terms in force at that time.

4. Our license details

TSG holds the following licenses issued by Dirección General de Ordenación del Juego (“DGOJ”) to provide Real Money Games: OTHER GAMES No/Ref: 03-11/GO/461241/SGR, POKER No/Ref: 04-11/POQ/46124I/SGR, BLACKJACK No/Ref: BLJ/2014/006, ROULETTE No/Ref: RLT/2014/008, SLOTS No/Ref: MAZ/2014/004, BETS No/Ref: GA/2014/004, OTHER BETS No/Ref: AOC/2017/006, HORSE RACING BETS No/Ref: AHC/2017/004 and FIXED-ODDS SPORTS BETTING No/Ref: ADC/2014/003.

5. Website(s)

6. Account Requirements
6.1

To create and use an Account you must:

6.1.1 be at least 18 years of age;

6.1.2 not have been declared disabled by law or judicial resolution, pursuant to civil legislation;

6.1.3 not be a shareholder, owner, significant participant or member of TSG, nor a spouse, co-habitant or first-degree relation of any such person;

6.1.4 not be an employee or contractor of Flutter Group involved in the development, management or operation of the Games, nor a spouse, co-habitant or first-degree relation of any such person;

6.1.5 not be an athlete, trainer or any other person who directly participates in the sporting event or activity on which a bet via our sportsbook Services is placed;

6.1.6 not be a judge or referee who exercises their duties during the sporting event or activity on which a bet via our sportsbook Services is placed, or a person who resolve appeals against decisions made by such judges or referees;

6.1.7 not be a manager of any participating sporting bodies or organisers related to the sporting event or activity on which a bet via our sportsbook Services is placed;

6.1.8 not be a chairman, director or executive of the DGOJ, nor a spouse, co-habitant or first-degree relation of any such person;

6.1.9 not be a member of DGOJ staff who is in charge of carrying out inspections and controls of gaming matters;

6.1.10 not previously have held an Account that has been closed by us for a Prohibited Event, or had an account closed by any other company in Flutter Group for similar reasons;

6.1.11 not currently be self-excluded from the Website or any other Flutter Group website (except to the extent you have chosen to self-exclude only from specific Games or parts of the Services) or had your access to the Website forbidden by a final unappealable court resolution;

6.1.12 not currently be on any list of persons that would prohibit us from offering the Services to you (for example a sanctions list or the General Register of Prohibited Access to Gambling (RGIAJ));

6.1.13 register the Account in your own name, on the basis of your own freely made choice, and solely for your own personal use, entertainment and benefit, not on behalf of or at the direction of anyone else; and

6.1.14 reside in a jurisdiction from which we accept Users from time to time and ensure that your use of the Services is lawful in your jurisdiction (we are not able to verify the legality of the Services in every jurisdiction).

6.2

By creating an Account you confirm and promise that: (a) you meet the Account Requirements at the point of registration; (b) you will continue to meet the Account Requirements for so long as you have an active Account; and (c) you will promptly tell us if you stop meeting any of the Account Requirements for any reason.


7. Personal details needed to create an Account
7.1

As set out in Part B Section 1.1, you need to create an Account to use certain Services and choose a Username and secret password. You must also provide your email address, country of residence and date of birth, and you will also be asked to confirm that you are aged at least 18 years old. To play Real Money Games, you will also need to provide your first name, last name, second last name (if you have one), gender, mobile phone number, home address, nationality and community. If you are a Spanish resident then you will also need to provide your national identity number (DNI) or foreign identity number (NIE), and if you are not a Spanish resident then you will also need to provide your Government-issued identity document number (such as passport or national identity card number).

7.2

We may from time-to-time also ask for other information to comply with our legal, regulatory or internal requirements, for example to check you meet the Account Requirements or Deposit Requirements from time-to-time.

7.3

You must ensure the details provided by you at registration are true, accurate, and up to date, and that they remain so while you have an active Account. You must promptly tell us about any changes to your details (including those which could impact the use of your Account, such as a change to your email address or bank details). You can do this in your Account.


8. When we will verify your information
8.1

To meet our regulatory, licence and other legal obligations and business requirements, we may from time to time (including during and/or at any time after registration) ask you to comply with Verification Requests. This could include providing personal details and copies of documentation such as your passport, driving license, other government-issued photo ID, utility bills and/or bank statements, attending phone or video calls, and/or recording playing sessions. You will always be asked to comply with the Verification Requests set out in Section 8.2 or Section 8.3 below, as applicable, before you will be allowed to make deposits into or request withdrawals from your Account. If at any time you exhibit ‘risky behaviour’ (based on a historical analysis of your activity on the Website), we will issue to you a Verification Request to verify you own the methods of payment associated with your Account, unless we are able to do this using other available means.

8.2

Account activation when you have a DNI or NIE: If you are a resident of Spain or have provided a national ID number (DNI) or a foreign identity number (NIE), then:

8.2.1 we will: (a) check that you are not registered in the General Register of Gaming Access Bans; and (b) check the identification data that appears in your records through the Identify Verification System of the DGOJ. You must also provide documentary evidence of your identity;

8.2.2 if we are unable to validate your identity via the Identity Verification System of the DGOJ then you will also need to provide documentary evidence of your home address and you will not be allowed to play Real Money Games or make deposits to or withdrawals from your Account until documentary verification is complete;

8.2.3 if your identity has been validated via the Identity Verification System of the DGOJ but documentary verification is not yet complete, then you will be able to make deposits into your Account up to a total of EUR 150 and play Games, but you will not be able to withdraw any winnings, whatever their amount or nature. Your Account will be set as “temporary” until documentary verification is complete; and

8.2.4 once documentary verification is complete your Account will be set as “active”, and you will be able to make deposits to and request withdrawals from your Account and play Games.

8.3

Account activation when you do not have a DNI or NIE: If you are not a resident of Spain and do not have a national ID number (DNI) or a foreign identity number (NIE), then:

8.3.1 you will need to provide documentary evidence of your identity and home address within 1 month of Account creation;

8.3.2 your Account will be set as “temporary”, and you will not be allowed to play Real Money Games or make deposits to or withdrawals from your Account until documentary verification is complete; and

8.3.3 once documentary verification is complete your Account will be set as “active”, and you will be able to make deposits to and request withdrawals from your Account and play Games.


9. Geographical restrictions
9.1

People located in certain jurisdictions (the “Prohibited Jurisdictions”) must not make deposits into their Accounts, play Real Money Games, and/or otherwise access or use the Services. The Prohibited Jurisdictions are: (a) any location which is subject to any trade or economic sanctions, embargos or similar laws or regulations from time to time, such as Cuba, Iran, North Korea, Syria and the Luhansk, Donetsk and Crimea Regions of the Ukraine; and (b) the USA. These restrictions apply equally to residents of Prohibited Jurisdictions as to residents of other nations when located in a Prohibited Jurisdiction. If you are a resident of another nation and you move or travel to a Prohibited Jurisdiction, you may request a withdrawal of any positive Account balance. We will process that request unless we have a right to delay the withdrawal, void any related transactions, or recover or not pay out any winnings, rewards or other credits under the General Terms. It is a Prohibited Event if we discover or have reason to believe that you are accessing or attempting to access the Services from a Prohibited Jurisdiction.

9.2

You must not attempt to circumvent any geographical restrictions related to holding or using an Account. To do so would be a serious breach of the General Terms and therefore a Prohibited Event. An attempt at circumvention includes manipulating the information used by us to identify your location (such as by using a VPN) and/or providing us with false or misleading information about your location or place of residence.


10. Funding your Account
10.1

Part A Section 8.2 (if you are a Spanish resident and have a DNI or NIE) and Part A Section 8.3 (if you are not a Spanish resident and do not have a DNI or NIE) explain the Verification Requests you will need to comply with before you will be allowed to make any deposits into your Account, and Part B Section 4 and Part B Section 5 explain the Deposit Requirements and other general rules about deposits and balances.

10.2

The amounts displayed in the Gaming Platform will always be denominated in EUR, in compliance with Spanish gambling regulations.

10.3

Unless there has been an Error, your Account will never have a negative balance. Without affecting our rights under Part B Section 10, any negative balance present in your Account due to any Error will be immediately payable to us, and your Account will not be closed unless and until any such amounts are paid to us in full.


11. Setting limits on your Account
11.1

Setting deposit limits. You can set your own daily, weekly, and monthly real money deposit limits. When you create an Account, your default deposit limits are EUR 600 per day, EUR 1,500 per week, and EUR 3,000 per month. If you would like to change your deposit limits, please contact us. If your request is to reduce your deposit limits, then we will make the changes immediately. If your request is to increase your deposit limits, then we will check that: (a) you pass the DGOJ’s tests for the prevention of addictive gambling behaviour and responsible gambling; and (b) you have not engaged in risky behaviour during the last 3 months (based on a historical analysis of your activity on our Website). Your new deposit limits will be set within 3 days of the date we confirm you satisfy those 2 conditions. You may not request any further increase to your deposit limits until 3 months have passed since your last increase.

11.2

Setting gaming session limits. You will need to set limits on your play each time you start a new gaming session on the Website. A gaming session is opened when you select to play any poker or casino Real Money Games, except for poker tournaments. Before you start a gaming session, you will be presented with a gaming limits form within which you can set the maximum play time and spend amount for the relevant gaming session. The spend limit is calculated on a ‘net loss’ basis, meaning the use of winnings earned during the gaming session, credits and bonuses will not apply towards the spend limit. If you reach the time or spend limit during your session of play, the gaming session will automatically end. You may also choose (at your option) to limit your ability to start a further gaming session for a set period if you reach either limit before choosing to end the relevant gaming session. Please note that the limits you select are final. Once you have confirmed your selections for a gaming limits form and start a gaming session, you will not be able to change the selected limits during the relevant gaming session.

11.3

Self-exclusion. If you believe that playing Games might be a hindrance to your life rather than a form of entertainment, we provide you with the ability to exclude yourself from playing for various periods of time. Please note that all self-exclusions and time outs are irreversible for the duration of the specified time except those lasting longer than 6 months. If you self-exclude for a period longer than 6 months, then you will be able to cancel the self-exclusion any time after the first 6 months. Your self-exclusion will apply to your Account and any part of the Services that requires your Username to play, including all Games (both Real Money Games and Play Money Games).

11.4

Self-prohibition. If you believe that playing Games might be a hindrance to your life rather than a form of entertainment, you can exclude yourself from the Website by registering in the General Register of Prohibited Access to Gambling (RGIAJ). Please note that self-prohibition will only result in the suspension of your Account with us. If you wish to cease all gambling activities, you will also need to self-prohibit from each other operator's site. Registration is permanent, but you can cancel it after 6 months.

For more information about setting deposit limits, self-exclusion and self-prohibition, please see our Responsible Gaming page.


12. Requesting a withdrawal
12.1

You may request a withdrawal from your Account at any time. Each withdrawal request will be processed within 24 hours of it being made, so long as you have complied with the Verification Requests set out in Part A Section 8.2 (if you are a Spanish resident and have a DNI or NIE) or Part A Section 8.3 (if you are not a Spanish resident and do not have a DNI or NIE). Withdrawals will not be processed unless and until you have complied with those Verification Requests. In addition Part B Section 9 explains the general rules about how withdrawals and returns are processed and when they may be delayed.

12.2

If you self-exclude or self-prohibit as set out in Part A Sections 11.3 and 11.4, we will pay any winnings accrued from your participation in Games prior to self-exclusion or self-prohibition and you may request a withdrawal of any positive balance in your Account to the payment method linked to your Account.


13. How we deal with inactive Accounts
13.1

If you have not logged in or out of your Account and/or have not made any transactions on it for a period of at least 6 months, then you will need to comply with certain Verification Requests before you will be allowed to gamble or request a withdrawal of any positive balance.

13.2

If you have not logged in or out of your Account and/or have not made any transactions on it for a consecutive period of 24 months or more, then it will be deemed to be “inactive” and will be suspended. We will close your Account if it remains inactive for a period of 4 years from the date it was suspended.


14. Prohibited Events - when we will void transactions and recover or not pay out winnings
14.1

Part B Section 14 explains what the Prohibited Events are, and Part B Section 17 explains when we will restrict, suspend or close your Account for Prohibited Events. If we discover or determine (acting reasonably) that you have engaged in any Prohibited Event then:

14.1.1 we will: (a) void any transactions (including, if applicable, bets and purchases of Virtual Items); and/or (b) withhold all or part of any winnings, rewards or other credits awarded to you, in each case to the extent the relevant transactions/ winnings/rewards/credits are attributable to such Prohibited Event;

14.1.2 if we ask you to, you must repay all or part of any such winnings, rewards or other credits that you have withdrawn or used, and any chargebacks, in each case to the extent attributable to such Prohibited Event; and

14.2

we may use any such withheld or repaid winnings, rewards or other credits for any reason, including to compensate any Users that may be affected by any Prohibited Event.


15. Closing your Account for convenience and consequences of closure
15.1

You may at any time ask us to close your Account. To do so, please contact us.

15.2

We may close your Account at any time in our discretion by giving you reasonable notice.

15.3

Except where we suspect money laundering or in other extraordinary circumstances, we will give you at least 48 hours’ notice before closing your Account for any reason (whether for cause or for convenience).

15.4

Part B Section 19 describes what will happen if your Account is closed for any reason (whether for cause or for convenience). See also Part A Section 10.3.


16. Responsibility for regulatory obligations

Except under Part B Section 21.1, we will not be responsible to you under the General Terms, nor do we owe you a duty of care, for our compliance or non-compliance with any regulatory obligations that we may be under from time to time including those relating to safer gambling or social responsibility.


17. How to get help with or make a complaint about the Services
17.1

If you need to contact us, either with a general query or to make a complaint, you can do this via the Help Center. You can also contact support and submit complaints by email to quejas@pokerstars.es or to our postal address stated in Part A Section 1.1. Our customer support representatives will ensure your query or complaint is answered or referred to the appropriate specialist team.

17.2

If you have a complaint, you must submit it within 3 months of the date the relevant Game event took place (this applies to all types of Games), and we will review and respond to it within 1 month from the date you submitted it.

17.3

Should you feel your complaint has not been satisfactorily handled or resolved by us, or more than 1 month has passed since the date you submitted it, you may refer the matter to:

(a) the DGOJ, who will address the complaint within 2 months from the date you refer it to them. For information about the DGOJ’s dispute resolution services, please visit their website; or

(b) the EU’s Online Dispute Resolution Platform. For more information about this service please visit their website and follow the guidance provided to log your complaint.


18. Governing law and jurisdiction
18.1

The General Terms are governed by the laws of Spain and the courts of Spain will have exclusive jurisdiction in relation to any claim, dispute or difference concerning the General Terms and any matter arising under them. You waive any right that you may have to object to an action being brought in those courts, or to claim that the action has been brought in an inconvenient forum, or that those courts do not have jurisdiction.

18.2

Despite what we say in Section 18.1 above, nothing in the General Terms affects either: (a) any rights granted to you as a consumer under mandatory provisions of any law applicable to you; or (b) our right to take proceedings against you in any court of competent jurisdiction, nor will the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.

19. Prevailing language
19.1

The Spanish language version of the General Terms will take precedence if there is any discrepancy between it and any translated versions of the General Terms.

19.2

Despite what we say in Part B Section 23.4, the provision which is most advantageous to you will prevail if there is any inconsistency between the provisions of the various parts of the General Terms.

19.3

Nothing in the General Terms prevents you from requesting a withdrawal of any deposits you have made into your Account. In line with this, the words ‘balance’ and ‘funds’ are deemed deleted from any references in the General Terms to our right to recover or not pay out any balance, winnings, funds, rewards or other credits (including in Part B Section 8.1, Part B Section 9.3 and Part B Section 19).

19.4

Part B Section 17.3.1 and Part B Section 17.3.2 are deemed deleted. Our Privacy Policy explains how we use your personal information.

INFORMATION ABOUT GAMES AND SERVICES


20. Availability of the Services

20.1

Except for our responsibility under Part B Section 21.1, the Services are provided on an “as is” and “as available” basis. We do not guarantee which Games or other Services will be available via the Website at any time, or that the Services or Software will be free from Errors, Malfunctions or Interruptions. Part B Section 10 explains our rights if any Error, Malfunction or Interruption happens to the Services or Software while you are using them.

20.2

We may suspend, modify, or remove in whole or part and/or add to the Services in our discretion. Where possible this will be on prior notice to you, however some amendments to the Services may need to be made with immediate effect and without notice (for example if any urgent maintenance is required).


21. Other terms and conditions that form part of the General Terms
21.1

Poker. The game of poker successively alternates rounds in which users place their bets with rounds in which cards are dealt. The User’s objective is to get a combination of cards that, according to the values established by the particular rules of the Game, allows them to take the jackpot or a corresponding part of it. Depending on the version of the Game in which a User is participating, the winner may be either the player who obtains the highest value combination, the player who gets the lowest value combination, or both, depending on the combinations that the other participants in the game have. Poker Rules apply whenever you play poker Games and Our Commission terms apply when you play poker Real Money Games (cash games and tournaments). More information about the types of poker Games we offer is available here. Our Home Games Services enable you to arrange your own private poker Games for you and your friends - Home Games Rules apply whenever you use Home Games Services.

21.2

Sports. To make a bet, please choose the match or selections of your choice from those made available by us. Once you have chosen the type of bet, you can enter the amount you want to bet and the potential return will be shown. To place the bet, you must accept the bet. For some sports and events, you will be able to place bets live, meaning that it is possible to make bets on events that have already started. Our Sports Rules provide more information about the types of bet we offer and apply whenever you use our sportsbook Services.

21.3

Casino. Casino Game Rules are additional terms and conditions found within certain casino Games (including Flutter Group Games and third party Games) that apply whenever you play the relevant Game. Please note:

21.3.1 Blackjack. Each table clearly shows the minimum and maximum bets that a User can place, and the size of the bets. Once the bet(s) have been placed, two cards will be dealt to each User face up, and the banker will receive either one card face up (classic style) or two cards, one face up and one face down (American style), depending on the Game variation being played. The objective in any hand of blackjack is to beat the banker. To do this, you should have a hand that scores higher than the banker's hand, but that does not exceed a total value of 21. More information about the rules of blackjack can be found here.

21.3.2 Slots. Slot machine Games consist of the User placing their bet and turning the rollers to receive rewards. To access the rules and options for each slot machine Game we offer, please select the relevant slot machine Game on this page.

21.3.3 Roulette. Roulette Games consist of guessing the number, colour or location of the box on which a ball, which is spun on a horizontal wheel supported by a central axis and divided into numbered radial boxes, will finally stop. Before the ball starts rolling, the User must place a bet on the table. You can place many bets in roulette, and they will all be final once the ball touches the cylinder. We offer European roulette and live roulette. More information about the roulette Games we offer can be found here and here.

21.3.4 RTP. Alongside each casino Game, you will find the mathematical forecast of the return to player (“RTP”) for that Game, which refers to the relationship between stakes and winnings calculated on a 1 year basis. Additionally, you will be able to review information on the actual percentage return of prizes in relation to the amount gambled for each casino Game, calculated with respect to the preceding 6 month period. Prizes allocated to jackpots are excluded from the calculation of such percentage.

21.4

Rewards. PokerStars Rewards Terms apply if you opt-in to PokerStars Rewards.

21.5

Promotions. General Promo Terms for sports, casino and poker apply whenever you take part in a promotion, along with any Key Terms relevant to the individual promotion displayed on the Website, Gaming Platform or other communication (such as email). You will not be eligible to receive promotions if you exhibit ‘risky behaviour’ (based on a historical analysis of your activity on the Website) or are self-excluded or self-prohibited. Additionally, if you are aged 25 or under, then you will not be eligible to receive promotions which grant prizes or rewards that are not affiliated with the activities of the Website.

21.6

By checking to confirm you’ve read and understood the General Terms, you are also confirming that you have read and understood the Rules set out in Sections 21.1 to 21.5 above, which are incorporated into the General Terms by reference. The Rules are important. You should read the relevant Rules carefully and in full before accepting the General Terms and in any event before using the Services or playing the Games to which they relate. The Rules apply in addition to the General Terms. When using the relevant Services or Games, references to the General Terms include the Rules corresponding to them. If you don’t agree to the Rules or any part of them, you shouldn’t access or use the Services or Games to which they relate.


PART B: GENERALLY APPLICABLE TERMS

SETTING UP YOUR ACCOUNT 

1. How to create an Account

1.1

You need to create an Account to use certain Services. You can do this by clicking ‘Join’ and following the on-screen instructions. You will need to choose a Username and secret password.

1.2

There is no payment required for downloading or accessing the Services or Software or creating an Account. The costs of playing the Games are set out on the Website and in the Gaming Platform

1.3

We are under no obligation to open any Account. We may refuse to open an Account for any reason (including failure to meet any Account Requirements).


2. Account security and your choice of Username
2.1

You must maintain the confidentiality and security of your Login Credentials, and not disclose your Login Credentials to anyone. You are solely responsible for all use of the Services under your Login Credentials, whether or not authorised by you (unless such use is directly caused by our failure to exercise reasonable care and skill). If young people are sharing or have access to your devices, you should install parental control software. We recommend that you use a strong password and you change it on a regular basis. You must tell us about any unauthorised use of your Login Credentials or Account as soon as you suspect or become aware of it.

2.2

Users are only allowed one, unique Username across all Services. Your Username and any avatar, image or other name you choose to use in connection with the Services must not include any Unauthorised Content. You grant us, for the benefit of Flutter Group, a worldwide, irrevocable, transferable, royalty free, sublicensable license to use those items for any purpose connected with the Services.

3. How we deal with Duplicate Accounts

3.1

You are only allowed to register one Account on the Website, and you must only use the Services with such single Account. Each additional Account will be classified as a “Duplicate Account”.

3.2

If we discover that you hold one or more Duplicate Accounts, then (unless you have opened them deliberately or fraudulently) we will close each Duplicate Account, leaving you with only a single Account. Acting reasonably, we will determine which is the Account to leave open, and which are the Duplicate Accounts to close.

3.3

If we discover that you have deliberately or fraudulently opened one or more Duplicate Accounts, then that will be a Prohibited Event and we will close all your Accounts and take other appropriate action as set out in Part B Section 17 and Part A Section 14.

HOW YOUR FUNDS ARE MANAGED


4. Deposits
4.1

Subject to the General Terms, you may hold an Account and deposit or withdraw funds to and from it in the currencies and payment methods available on the Website from time to time.

4.2

The “Deposit Requirements” are that you must:

4.2.1 make deposits to your Account using a payment card, account or wallet that is held in your own personal name;

4.2.2 if requested, prove that the name on the payment card, account or wallet used to make deposits corresponds to the name used for your Account;

4.2.3 be the rightful owner of the money which you deposit in your Account;

4.2.4 not deposit any money into your Account which originates from criminal or other unlawful or illegal activities, or use such money to make transactions via the Services; and

4.2.5 without limiting any of the above, not use a stolen, cloned or otherwise unauthorised payment method as a source of funds in connection with your Account or any transactions made via the Services.

4.3

A minimum and/or a maximum may apply to the amount that you can deposit into your Account in a single transaction using certain payment methods. If applicable, the amounts will be stated on the Website and/or in the Gaming Platform.

4.4

Your deposit will be available in your Account as soon as your bank or other payment method authorises the amount you choose to deposit. We give no guarantees about the amount of time needed to complete processing, because it is an Event Beyond Our Control.

5. Balances
5.1

Account balances are kept in segregated accounts and are not used by us for operational expenses. This ensures that your funds are always available for you to withdraw in accordance with our banking and security policies and procedures, our license requirements, best practice, and the General Terms.

5.2

We are not a bank or financial institution. Monies deposited with us will not accrue interest and we do not offer any credit.

6. Placing bets
6.1

You may only place bets up to the value of the cleared funds in your Account.

6.2

We only accept bets made online via the Website and on the Gaming Platform. Bets are not accepted in any other way, including by email, post or phone, and will not be valid if received in such a way.

6.3

It is your responsibility to ensure that the details of your bet are correct. Once a bet has been confirmed by us, you cannot cancel or change it without our consent. If you've placed a bet and wish to cancel or change it, please contact us before the relevant event upon which the bet is placed has started and we will consider your request, although any decision will be at our reasonable discretion.

6.4

No bet is placed unless you receive an on-screen message confirming that it has been received.

7. Currency conversion (where available)
7.1

If any Real Money Games are available for you to play in a currency which is different to the currency of your Account, then to play them you can add a second currency to your Account. Alternatively, you can simply attempt to join a Game in the currency you would like to add, and we will automatically add the currency and make the conversion for you. With automatic conversion selected, any time that a currency conversion is required it will be performed automatically, and you won’t be notified. A minimum conversion amount will apply, as set out on the Website and/or in the Gaming Platform.

7.2

All currency conversions made via the Website and Gaming Platform will take place at the current prevailing rate that we offer for the transaction type in question (this will be notified to you on the Website or Gaming Platform when you make a conversion). Where currency conversion is available, the rate of exchange we offer is the mid-market exchange rate offered by XE plus a small margin (though we may, in our discretion, waive the margin for some types of transactions). The conversion rates will be updated on a regular basis, and it is possible that different rates may be offered depending on the type of transaction and movement in currency value. We may, in our discretion, revoke or withdraw support for any particular currency without notice.

7.3

When currency is converted, any cancelled or rejected withdrawals from your Account will be returned to you in the currency and amount you originally requested, not the converted amount (for example, if your Account is in EUR and you tried to withdraw EUR 100 converted to USD, EUR 100 will be returned to your Account). Any cancelled or rejected deposits to your Account will debited from your Account in the converted amount (for example, if your Account is in EUR and you made a deposit in USD, the EUR value will be debited from your Account), and if you don’t have enough funds in your Account to cover the debited amount you will need to top up your Account.

7.4

You should be aware of fluctuations in the exchange rate and the impact this could have on your available funds. Where currency conversion is available for your Account, it is your responsibility to check the applicable rates before proceeding with transactions involving currency conversion. We are not responsible for gains or losses incurred by making currency conversions through the Services.

7.5

We are not a currency exchange. Where available, currency conversion via your Account is only to facilitate genuine gameplay. You must not use your Account or any other part of the Services to engage in currency trading, speculation or arbitrage (to do so would be a serious breach of the General Terms and therefore a Prohibited Event).

7.6

We will take action to help maintain the integrity of any available currency conversion facilities. This could include:

7.6.1 declining or reversing any currency conversion transactions made via your Account;

7.6.2 limiting the number of currencies held in your Account and/or the amount of money that you may convert between currencies;

7.6.3 if permitted by the relevant license, requiring any converted funds in your Account to be used for playing Real Money Games before being withdrawn, transferred (where transfers are available) or used for any other purpose; and/or

7.6.4 retroactively applying any margin which was waived as part of a currency conversion transaction.


8. Winnings and taxes
8.1

Subject to the General Terms (including any right to void any transactions and recover or not pay out any balance, winnings, funds, rewards or other credits under the General Terms), we will credit your Account with your winnings as soon as practicable.

8.2

You are solely responsible for reporting your winnings and losses if required by any law, regulation or relevant authority (including any tax authority) applicable to you, and for paying any taxes that may be payable on any funds or prizes awarded to you through your use of the Services. We do not provide advice about tax regulatory or legal matters. If you need any such advice, you should contact appropriate advisors and/or authorities independently.

8.3

If any sales or value-added tax applies to any payments made by you in connection with your use of the Services, such payments shall be treated as inclusive of all such tax.

9. How withdrawals and returns are processed
9.1

To request a withdrawal, log into your Account and follow the on-screen instructions. The withdrawal methods offered to you vary depending on your country of residence and will be notified to you on the Website and/or in the Gaming Platform. If you need to withdraw an amount which is less than any applicable minimum for a particular payment method, you can either use a different payment method or you can contact us.

9.2

Each withdrawal request, and any return to you of funds, will be processed so long as:

9.2.1 all payments made into your Account have been confirmed as cleared and are not the subject of any chargeback, reversal or other cancellation claim; and

9.2.2 there is no ongoing (or, where applicable, completed) investigation into:

  1. any Error, Malfunction or Interruption related to your use of the Services; or
  2. your involvement in any Prohibited Event.
9.3

If there is an ongoing investigation into any Error, Malfunction or Interruption or suspected Prohibited Event related to your use of the Services, the withdrawal will not go through unless and until the investigation has been resolved to our reasonable satisfaction. Part B Section 10 explains when we will void transactions and recover or not pay out winnings, funds, rewards or other credits resulting from any Error, Malfunction or Interruption related to your use of the Services. Part B Section 17 explains when we will restrict, suspend or close your Account or void transactions and recover or not pay out winnings, funds, rewards or other credits attributable to any Prohibited Event. You should read these sections carefully and ensure you understand what they mean for you.

9.4

You acknowledge that any delay in providing information we ask for in connection with any investigation may result in a delay to the processing time for the withdrawal or return.

9.5

When you withdraw or we return any funds to you, they will be credited to the same payment method that you used to make the deposits. If that payment method is no longer available, then we will credit them to a different payment method agreed by us in accordance with the General Terms. For each payment method, withdrawals are applied back to your oldest deposit first and your most recent deposit last. When applying withdrawals back to previous deposits, they are converted to the currency your previous deposits were processed in (where applicable). Withdrawals that exceed the total amount you’ve deposited are converted to the currency your last deposit with the given payment method was processed in (where applicable).

9.6

Withdrawal and return processing times vary according to the type of payment method used. We will make reasonable efforts to ensure that transfers in and out of your Account are processed in a timely manner, but we can’t guarantee the amount of time needed to complete processing (or that any estimates will be processed exactly as described), because it is an Event Beyond Our Control.

WHEN WE WILL VOID TRANSACTIONS AND RECOVER OR NOT PAY OUT BALANCES AND WINNINGS

10. Errors, Malfunctions and Interruptions - when we will void transactions and recover or not pay winnings
10.1

Errors, Malfunctions or Interruptions in the Services or Software may or may not be apparent to us or to you at the time, and they may only come to light as and when settlement instructions, Game outcomes, winnings or withdrawal requests are investigated and analysed by us retrospectively. You must not abuse or take advantage of any Error, Malfunction or Interruption which is or becomes apparent to you (for example by exploiting it to obtain winnings). If any Error, Malfunction or Interruption is or becomes apparent to you, or you suspect that it may be occurring to any part of the Services you are using, you must stop using that part of the Services immediately and tell us about it.

10.2

You must provide any information we reasonably require in connection with any investigation into any Error, Malfunction, or Interruption.

10.3

If, as a result of an Error, Malfunction or Interruption in the Services, your Account is credited with winnings, funds, rewards and/or other credits that you would not have received were it not for that Error, Malfunction or Interruption (“Erroneous Credits”), we will void the relevant transaction and withhold or recover the Erroneous Credits. This applies even if the relevant part of the Services could have produced the same or similar amount of winnings/funds/rewards/credits absent the Error, Malfunction or Interruption and applies whether or not the Error, Malfunction or Interruption was apparent to you or to us at the time. If you have withdrawn any Erroneous Credits, you must pay them back to us as and when we ask you to.

10.4

If, due to an Interruption, you are disconnected from a multiplayer poker Game, then you will be treated as sitting out and default actions will be taken on your behalf (for example check, fold, or the automatic posting of blinds) until you are able to re-join the relevant Game.

HOW VIRTUAL ASSETS ARE MANAGED


11. Virtual Items in Play Money Games
11.1

Some Play Money Games include virtual items such as virtual chips (“Virtual Items”). Depending on which (if any) such Game(s) is/are available on the Website, you may be able to “earn” Virtual Items through gameplay and/or “buy” them with real money. These “real world” terms are used figuratively, which means you have no right in or title to any Virtual Items, whether “earned” in a Game or “bought”. Any virtual currency or similar virtual balance shown in your Account (for example in any Play Money Games where the amount of your balance is shown in dollars) does not constitute a real-world balance or reflect any stored value, but instead represents the extent of your license to use the relevant Virtual Items in-Game. If any Game on the Website allows you to “buy” Virtual Items for real money and we send an email confirming how many Virtual Items you have “bought”, you should check it is correct and keep a copy for your records.

11.2

Where it is possible to “buy” Virtual items, we may change the pricing for any such Virtual Items at any time. Prices will be stated on the Website, Gaming Platform and/or in the relevant Game.

11.3

Virtual Items (where available) are for in-Game use only. You must not sublicense, trade, sell, or transfer Virtual Items for value of any kind outside of the relevant Game, or attempt to do any of these things (to do so would be a serious breach of the General Terms and therefore a Prohibited Event).

11.4

Virtual Items (where available) will not be usable if either: (a) the Game in question is withdrawn for any reason; or (b) the Virtual Item in question is withdrawn for any reason. We will try to give you reasonable prior notice of any withdrawal of a Game/Virtual Item. If we do not give you such prior notice for whatever reason, you will be entitled to contact us for a refund of any unused Virtual Items that you have “purchased” with real money (but not where “earned” through gameplay) and which are affected by the withdrawal of the Game/Virtual Item. However, if we give you reasonable prior notice of a withdrawal of a Game or Virtual Item, you will not be entitled to a refund of any affected Virtual Items and we will have no further responsibility to you.

YOUR USE OF THE SERVICES


12. What we mean by ‘Unacceptable Conduct’
12.1

You must not:

12.1.1 engage in any behaviour when using the Services which: (a) is abusive, offensive, malicious, threatening, harassing, insulting, intimidatory, defamatory, racist, discriminatory (including when playing Games or waiting for other Users to make a move in a Game, and in your general interactions with our staff or other Users); (b) is intentionally disruptive (for example by sending multiple and frequent messages to drown out legitimate chat (“flooding”) or repeatedly asking other Users for chips); or (c) could otherwise cause distress, harm or inconvenience to any other person;

12.1.2 use the Services or Software in any way which is fraudulent, dishonest, unlawful, illegal or criminal, or may lead to the encouragement, procurement or carrying out of any fraudulent, dishonest, unlawful, illegal or criminal activity;

12.1.3 use any Prohibited Tools and Services;

12.1.4 take part in any Prohibited Player Assistance Practices or Unethical Play;

12.1.5 directly or indirectly use more than one account (whether an Account or any other Flutter Group account) in the same player or prize pool at the same time (e.g. if you play on or have more than one account open at the same poker table or in the same poker tournament, you buy-in to any Game using more than one account, or you enter into any prize pool with more than one account), whether any play activity actually occurs on any such account or not (this does not affect anything we say elsewhere in the General Terms about Duplicate Accounts);

12.1.6 after elimination from any tournament or prize pool, directly or indirectly re-join the tournament or prize pool using a different Account or any other Flutter Group account;

12.1.7 post or share any Unauthorised Content via any chat facilities or any other part of the Services, or in any correspondence to us;

12.1.8 attempt to bypass any filters we apply to chat facilities on the Services (for example where we asterisk out profanities and other unacceptable words);

12.1.9 make any public statement about any part of the Services or any company in Flutter Group which is untrue or malicious or do anything which could damage the image or reputation of any part of the Services or any company in Flutter Group;

12.1.10 use any part of the Services (or any information gained through it) or any Software for commercial or business purposes; or

12.1.11 attempt to do any of the things listed in Sections 12.1.1 to 12.1.10 above.

Each of these actions is “Unacceptable Conduct”.

12.2

You acknowledge and accept that: (i) communications you send via the Services are not private or confidential and may be viewed and used by others accessing the Services; and (ii) we will moderate chat facilities.

12.3

We will review chat content, keep a record of all statements made on the chat facility, and take action retrospectively if necessary. Please let us know if you have been a victim of chat abuse. We will keep your complaint anonymous and deal with every case seriously.

13. Our intellectual property and what we mean by ‘Unauthorised Use’
13.1

We are proud of the products we have created and which we make available to you, and it’s important to us (and our licensors) to protect them. Flutter Group and its licensors are the owners of all rights, title and interest, including all copyright, trade secrets, trademarks and other intellectual property rights, in and to the Services and Software. All such rights are reserved.

13.2

Subject to the General Terms we grant you a royalty-free, limited, non-exclusive, non-transferable, non-sublicensable, revocable right to install and use the Gaming Platform on your device and to play Games. This license is granted for your private personal use only. You must only use the Services in accordance with their intended functionality and these General Terms.

13.3

You must not, except to the extent permitted by applicable laws:

13.3.1 copy, distribute, publish, interfere with, reverse engineer, decompile, disassemble, modify, or translate the Software or Services in any way;

13.3.2 access the source code of the Software or Services, whether to create derivative works or otherwise;

13.3.3 extract any Software from the Services;

13.3.4 sell, assign, sublicense, transfer, distribute or lease any Software or any part of the Services;

13.3.5 make any Software or any part of the Services available to any third party through a computer network or otherwise;

13.3.6 export any Software or any part of the Services to any country (whether by physical or electronic means);

13.3.7 attempt to gain unauthorised access to the Website or Gaming Platform, the servers on which the Website/Gaming Platform are stored, or any server computer or database connected to the Website or Gaming Platform;

13.3.8 use our trademarks, content or other intellectual property without our permission; or

13.3.9 attempt to do any of the things listed in Sections 13.3.1 to 13.3.8 above.

Each of these actions is an “Unauthorised Use”.


14. Prohibited Events

14.1

The following are “Prohibited Events”:

14.1.1 if at any time you provide incorrect or misleading registration details for your Account;

14.1.2 if at any time you do not meet or fail to comply with any of the Account Requirements;

14.1.3 if at any time you fail to comply with any Verification Request and/or any other check or request for information reasonably required to meet our legal, regulatory or internal requirements;

14.1.4 if you deliberately or fraudulently open one or more Duplicate Accounts;

14.1.5 if we discover or have reason to believe that the security of your Account has been breached (unless caused directly by our failure to exercise reasonable care and skill), for example because you have failed to maintain the confidentiality and security of your Login Credentials;

14.1.6 if we discover or have reason to believe you have breached the security of someone else’s Account (for example you have used someone else’s Account without their permission);

14.1.7 if at any time you do not meet or fail to comply with any of the Deposit Requirements;

14.1.8 if we receive a fraudulent chargeback and/or return notification via a payment method used on your Account;

14.1.9 if we discover or have reason to believe that you have engaged in any Unacceptable Conduct;

14.1.10 if we discover or have reason to believe that you have engaged in any Unauthorised Use;

14.1.11 if we discover or have reason to believe you have abused or taken advantage of any Error, Malfunction or Interruption;

14.1.12 if you breach the General Terms or any Rules in some other serious way (we give some examples of serious breaches throughout the General Terms – see Part B Section 7.5, Part B Section 11.3, Part B Section 15.1 and Part A Section 9 – but these are not the only ways serious breaches could occur), or you repeatedly breach the General Terms or any Rules in such a way as to reasonably justify the opinion that your conduct is inconsistent with you having the intention or ability to give effect to the General Terms or such Rules.

14.2

You must tell us straight away if you suspect or become aware that any Prohibited Event has been or is being committed by any User, and reasonably assist us with any investigation into it (including by providing any information we reasonably request).

15. Rules about using third party tools and services
15.1

We may (in addition to our other rights) take steps to detect and prevent the use of Prohibited Tools and Services and Prohibited Player Assistance Practices. You must not attempt to bypass, interfere with, or block such steps in any way, whether by using software designed for the purpose or otherwise (to do so would be a serious breach of the General Terms and therefore a Prohibited Event).

15.2

We do not endorse or provide any guarantees about any Permitted Tools and Services, as they are not within our control. Your use of them is entirely at your own choice, risk and cost.

16. Our decisions about Games are final

The historical data of each Real Money Game will be recorded on our servers and in our databases. In the event of any discrepancy between a result displayed on your device and the records on our server or in our databases, our records will prevail. You also accept that our “Instant Hand History” and “Hand Replayer” features will not be considered as the official historical record of any hand.

ACCOUNT CLOSURE, RESTRICTION AND SUSPENSION

17. When we will restrict, suspend or close your Account for Prohibited Events
17.1

We will restrict or suspend your Account, your ability to play Games, and/or any other aspect of your access to or use of the Services, where we have reason to believe that you have been involved, or are likely to be involved, in a Prohibited Event.

A “restriction” is where a limitation is placed on your access to or use of a particular product, feature or part of the Services or your Account. An example of a restriction is that if you take part in Unethical Play, we will restrict seating and/or prohibit Users from playing at a particular poker table or in a particular tournament (this may include restricting two or more Users from playing together at the same table or in the same tournament and does not affect any other actions we are allowed to take under the General Terms).

A “suspension” is where you are temporarily prevented from accessing your Account or the Services as a whole.

17.2

Your use of the Services/Account will remain restricted/suspended while the matter is investigated and/or until our checks have been completed. If the investigation results in our decision (acting reasonably) that the issue has been resolved to our satisfaction, we will lift the restrictions/suspension (either in full or in part). However, if the investigation results in our decision (acting reasonably) that you have been involved in any Prohibited Event, then we will permanently restrict or close your use of the Services/Account.

17.3

If we restrict, suspend or close your use of the Services/Account under this Section 17 then:

17.3.1 we may notify other companies in Flutter Group and any account(s) you hold with them may also be restricted, suspended or closed;

17.3.2 you may be temporarily or permanently excluded from access to services/products offered by other companies in Flutter Group (including live events where applicable); and

17.3.3 we will if appropriate report you to the relevant authorities or other third parties, and/or take legal action against you.

17.4

Your funds cannot be accessed or withdrawn during periods of suspension, and any balance will remain in your Account.

17.5

If you have engaged in any illegal activity, we are under no obligation to permit you to withdraw or return to you any funds in your Account.

18. Other ways your Account can be restricted, suspended or closed by us for cause

We will restrict, suspend or close your Account, the Services (in full or part) or your access to or use of them, if required for legal or regulatory reasons or if we reasonably believe there to be a security risk.


19. What happens when your Account is closed for any reason

You remain responsible for activities using your Account until it is closed. We will tell you when your Account will be closed and we will return any positive balance on your Account at that time, unless we have a right to delay the return, void any related transactions, or recover or not pay out any balance, winnings, funds, rewards or other credits under the General Terms.

WHEN WE ARE NOT RESPONSIBLE AND WHEN YOU MUST COMPENSATE US


20. We are not responsible for any Event Beyond Our Control
20.1

You acknowledge and accept that gambling involves an inherent risk of losing money, and we have no responsibility for any such loss.

20.2

Except under Part B Section 21.1, we will not be responsible for any failure or Interruption in or to any part of the Services or the performance of our obligations under the General Terms, or for any other liability or loss, resulting from any Event Beyond Our Control. For example, we are not responsible if your connection or equipment is slower than other Users’, and it affects your performance in time critical products.

20.3

We may suspend or cancel all or any part of the Services if, despite making reasonable efforts to do so, we are not able to provide the Services or any part of them due to any Event Beyond Our Control.


21. General exclusions of and limits on our liability, and when you must compensate us
21.1

Nothing in the General Terms excludes or limits our responsibility for:

21.1.1 our fraud or fraudulent misrepresentation;

21.1.2 death or personal injury resulting from our negligence or the negligence of our employees or agents; or

21.1.3 any other liability which may not be excluded or limited by applicable law (such as liability under mandatory provisions of applicable consumer law).

21.2

Except under Section 21.1, we will not be responsible under the General Terms for any loss:

21.2.1 that could not have been reasonably expected by you and us at the time you register your Account or enter into a transaction on the Services. In all circumstances this includes any loss of income, business, savings or profits;

21.2.2 that you could have avoided by taking reasonable action;

21.2.3 arising from your provision to us of any invalid, incomplete or incorrect financial or personal data;

21.2.4 arising from any Prohibited Event;

21.2.5 arising from your use of any Permitted Tools and Services;

21.2.6 arising from any Error, Malfunction or Interruption; or

21.2.7 arising from our restriction, closure or suspension of your Account, or our taking of any other action, in accordance with the General Terms.

21.3

You must compensate us for any costs, charges or losses sustained or incurred by us arising from your participation in a Prohibited Event.

21.4

If there is a cap on our total liability to you, or your liability to us, it will be set out in Part A. Any such cap(s) on liability will not affect our responsibility under Section 21.1.

LEGAL STUFF


22. How we use your information

We process information about you in accordance with our Privacy Policy, which you should also read.

23. How we treat the General Terms
23.1

The General Terms are personal to you. You may not transfer your rights or obligations under the General Terms to anyone else.

23.2

We may transfer any or all of our rights and/or obligations under the General Terms to another company in Flutter Group or any other legal entity (for example if we restructure or there is a sale of our business). We will ensure that the transfer will not negatively affect your rights under the General Terms.

23.3

If you breach the General Terms and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the General Terms (including if the same breach happens again).

23.4

If there is any inconsistency between the provisions of the various parts of the General Terms, the order of precedence (1 taking highest precedence) is: 1) Part A; 2) Part B; 3) Part C; 4) the summary; 5) the introduction.

PART C: DEFINITIONS AND CONTENTS

1. Definitions
1.1

The following capitalised words and phrases have the following meanings in the General Terms:

Account: A User account on the Gaming Platform and/or Website (on the Website and in the Gaming Platform also referred to as “Stars Account”).

Account Requirements: The eligibility criteria for creating and using an Account, as set out in Part A Section 6.

Deposit Requirements: The deposit requirements listed in Part B Section 4.2.

Duplicate Account: This is defined in Part B Section 3.1.

Erroneous Credits: These are defined in Part B Section 10.4.

Error: Any omission, incompleteness, mistake or error in or relating to the Services, whether human, technical, administrative, operational, systematic, a combination of any or all of these, or otherwise. For example, the mistaken offer of incorrect prices or terms for participation in a Game.

Event Beyond Our Control: Any event beyond our reasonable control such as: (a) war, terrorist activity, riots, malicious damage, fire, flood, storm, nuclear accident, disease, epidemic or pandemic (such as Covid-19); (b) the actions of any government or authority (including the introduction of any new law, any governmental, authority or court order, rule, regulation or direction, and the refusal or revocation of any license or consent); (c) any defect, outage, slowness, capacity constraint or other deficiency affecting any telecommunications network, internet access service or device used by you to access or use the Services; (d) any delay, failure or suspension affecting any banking network or other payment processing system used in connection with the Services (including any processing delay, reprocessing or reversal of a transaction, or the seizure or freezing of funds by any third party involved in the processing of funds); and (e) any charge or fee applied by your card issuer, bank, wallet provider, or financial institution in connection with your use of the Services.

Flutter Group: The group of companies that are controlled, directly or indirectly, by Flutter Entertainment Plc (including us).

Games: The Real Money Games and Play Money Games (and ‘Game’ means any one of them).

Gaming Platform: The gaming platform(s) made available to you in connection with the Website.

Interruption: Any break in the continuity or uniformity of or interruption or delay in or to any part of the Services, for example if a Game freezes while you are playing it or you lose internet connectivity.

Login Credentials: Your Username, password, and any other security credentials used to access your Account (such as multi-factor authentication, RSA token data and any PIN, depending on what is available for the Website).

Malfunction: When any technology, software, automated process or set of instructions, data or programs used to execute specific tasks fails to operate as designed or intended. For example, if a virus affects the Services, or when computer hardware or software deviates from its intended performance specifications or parameters or where two pieces of software fail to interface or communicate with each other in the manner designed or intended, in either case producing a result which is not the result that was designed or intended.

Permitted Tools and Services: Any online or offline tool or service used to help improve your performance in a Game, which is not made available by us but is expressly permitted by us for use in connection with the Services, as stated on the Website and/or in the Gaming Platform.

Play Money Games: Any “play money” or play for free games available via the Website or Gaming Platform.

PokerStars/we/us/our: The relevant Flutter Group contracting party, as identified in Part A Section 2.2.

Prohibited Events: Certain events and practices that are not allowed in relation to the Services or Software, as defined in Part B Section 14.1.

Prohibited Player Assistance Practices: In connection with the Services the practices of: (a) datamining hands, results, statistics or feeds (for example observing Games without playing in order to build up a database of hand histories for future reference); (b) using hands, results, statistics or feeds acquired through datamining; or (c) mass sharing hands, results, statistics or feeds for the purpose of analysing opponents.

Prohibited Tools and Services: Any online or offline tool or service (including artificial intelligence, “bots” and other computer programs and software) which is used to execute or assist in the execution of any action relating to the Services and is designed to provide an unfair advantage to Users, including those which: (a) play without human intervention or reduce the requirement of a human to make decisions (for example by helping you decide what action to take in respect of a bet or the exact relative size of any bet or raise, including “auto-folders” and tools that randomise the size of bets); (b) offer real-time advice on what action to take; (c) share hole card data with other Users or services; (d) is targeted towards the manipulation of opponents in Games in which you are unable to choose a specific table to play on; (e) is designed for poker table selection efficiency, for example by filtering or sorting available tournaments, or automating/semi-automating the process of joining available tournaments based on opponent gameplay statistics or notes; (f) is designed for ring game selection efficiency; (g) automate mouse clicking or simulate keyboard input (“auto clickers”); (h) delay a player’s decision by either a specific or randomized amount of time; or (i) during Game play: (i) provide advice beyond a basic level (such as a large collection of tables offering recommendations beyond whether to play certain hands or not in unopened pots); (ii) are designed specifically to ease referral to reference material; or (iii) compute advanced equity calculations, such as range vs range simulators, ICM or Nash Equilibrium-based programs.

Real Money Games: The real money gaming and gambling products available via the Website and Gaming Platform.

Rules: Any additional terms and conditions identified in Part A as forming part of the General Terms.

Services: The Website, Gaming Platform and Games.

Software: All software underlying the Services (whether downloadable or not).

Unacceptable Conduct: This is defined in Part B Section 12.1.

Unauthorised Content: Any content (including photographs, images and text) which: (a) is offensive, racist, discriminatory, blasphemous, pornographic, obscene, vulgar, profane, indecent, abusive, threatening, harassing, insulting, intimidatory, defamatory, expresses or is liable to incite racism, bigotry or hatred, unlawful or illegal; (b) advertises, promotes or otherwise relates to any online or offline ventures, products or services other than the Services; (c) infringes any intellectual property, privacy, image or other rights; and/or (d) you’re not permitted to use.

Unauthorised Use: This is defined in Part B Section 13.3.

Unethical Play: Cheating, collusion, team play, game manipulation, or other unethical play of any kind when using the Services, including: (a) sharing poker hole cards; (b) playing less aggressively against a partner in a poker Game (“soft playing”); (c) playing a Game a certain way for the benefit of another User, for example by intentionally losing a poker hand in order to deliberately transfer chips to another User (“chip-dumping”); (d) intentionally manipulating play in order to end a poker Game quickly or prematurely (for example “flipping”); (e) card counting (except in peer-to-peer poker Games); and/or (f) during Game play, discussing table strategies, chatting about the hand in play, or engaging in any other communication that might give an advantage to other Users.

User: Any end user of any Services (including you).

Username: The unique username used for your Account login/identity.

Verification Requests: Any request for you to prove you are who you claim to be, including any request for you to prove your identity, addresses, age, circumstances, funds and/or other details.

Virtual Items: Certain virtual items within Games, as defined in Part B Section 11.1.

Website: The website(s) listed in Part A Section 5 and any related mobile sites and apps.

You/you: You as the User of the Services.

1.2

The terms include, including, for example, such as and in particular or any similar expressions used in the General Terms mean something is illustrative only, and they do not limit the scope of the words preceding them.

1.3

Headings used in the General Terms are for convenience only, to help you find your way around the document and understand what the relevant section is mainly about. They do not affect the interpretation of the General Terms.


2. Contents

PART A: WEBSITE SPECIFIC TERMS

INFORMATION ABOUT YOUR ACCOUNT AND YOUR CONTRACT WITH US

1. Who we are
2. The contract between you and us

3. Changes to the General Terms

4. Our license details

5. Website(s)

6. Account Requirements

7. Personal details needed to create an Account

8. When we will verify your information

9. Geographical restrictions

10. Funding your Account

11. Setting limits on your Account

12. Requesting a withdrawal

13. How we deal with inactive Accounts

14. Prohibited Events – when we will void transactions and recover or not pay out winnings

15. Closing your Account for convenience and consequences of closure

16. Responsibility for regulatory obligations

17. How to get help with or make a complaint about the Services

18. Governing law and jurisdiction

19. Prevailing language

INFORMATION ABOUT GAMES AND SERVICES

20. Availability of the Services
21. Other terms and conditions that form part of the General Terms

PART B: GENERALLY APPLICABLE TERMS

SETTING UP YOUR ACCOUNT

1. How to create an Account
2. Account security and your choice of Username

3. How we deal with Duplicate Accounts

HOW YOUR FUNDS ARE MANAGED

4. Deposits
5. Balances

6. Placing bets

7. Currency conversion

8. Winnings and taxes

9. How withdrawals and returns are processed

WHEN WE WILL VOID TRANSACTIONS AND RECOVER OR NOT PAY OUT BALANCES AND WINNINGS

10. Errors, Malfunctions and Interruptions - when we will void transactions and recover or not pay winnings

HOW VIRTUAL ASSETS ARE MANAGED

11. Virtual Items

YOUR USE OF THE SERVICES

12. What we mean by ‘Unacceptable Conduct’
13. Our intellectual property and what we mean by ‘Unauthorised Use’

14. Prohibited Events

15. Rules about using third party tools and services

16. Our decisions about Games are final

ACCOUNT CLOSURE, RESTRICTION AND SUSPENSION

17. When we will restrict, suspend or close your Account for Prohibited Events
18. Other ways your Account can be restricted, suspended or closed by us for cause

19. What happens when your Account is closed for any reason

WHEN WE ARE NOT RESPONSIBLE AND WHEN YOU MUST COMPENSATE US

20. We are not responsible for any Event Beyond Our Control
21. General exclusions of and limits on our liability, and when you must compensate us

LEGAL STUFF

22. How we use your information
23. How we treat the General Terms


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Version no: v1.3

In force from: March 11, 2024 12:00