Terms and Conditions of Use
IMPORTANT - PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCEPTING THESE AGREEMENTS, THEN PRINT THESE TERMS AND CONDITIONS AND STORE THEM ALONG WITH ALL CONFIRMATION EMAILS, SMS MESSAGES, ADDITIONAL TERMS, TRANSACTION DATA, GAME RULES AND PAYMENT METHODS RELEVANT TO YOUR USE OF THE PLATFORMS AND/OR SERVICES. WE WILL NOT FILE OUR CONTRACT WITH YOU SO PLEASE PRINT IT OUT FOR YOUR RECORDS. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE (AS SET OUT BELOW).
You accept to be bound by this contract by clicking on 'Submit' or 'I Agree' and/or by using the Service. After you click on 'Submit' or 'I Agree' or when you use the Service, a legally binding agreement on these terms and conditions is concluded between, (a) you, the end user ('you'), and (b) ElectraWorks (Alderney) Limited of York House, Victoria Street, Alderney, Channel Islands GY9 3TA, a company registered in Alderney (registered number 1576) in the event that the gambling transaction is effected on telecommunications equipment situated in the Bailiwick of Guernsey, and (c) to the extent you are using the Sports Services, as defined below, at all times PartyBets Limited of Suite 711, Block 7, Europort, Gibraltar a company registered in Gibraltar, and (d) to the extent you are using the Gaming Services, as defined below , at all times ElectraWorks Limited, a Gibraltar company, of Suite 711 Europort, Gibraltar under company number 94014. (ElectraWorks (Alderney) Limited, PartyBets Limited and/or ElectraWorks Limited respectively defined as 'Group', 'we', 'us' or 'our' as appropriate depending on which Services or parts of the Platforms you are using. ElectraWorks (Alderney) Limited and PartyBets Limited are wholly-owned subsidiaries of ElectraWorks Limited)
ElectraWorks (Alderney) Limited is licensed and regulated by the Alderney Gambling Control Commission under The Alderney eGambling Ordinance 2006 and is a full eGambling licencee. ElectraWorks Limited is licensed and regulated by the Government of Gibraltar under the Gambling Act 2005 for purposes of operating online casino games. PartyBets Limited is licensed and regulated by the Government of Gibraltar under the Gambling Act 2005 for online fixed odds betting.
The Group provides the services on PartyPoker.com, PartyCasino.com, PartyGammon.com, and PartyBingo.com, PartyBets.com, Gamebookers.com and any other online or mobile platform provided by us ('Platforms') on which you access our betting, gaming and wagering services, including but not limited to the Sports Services and the Gaming Services, as defined below using your Account ('Services').
In the event that you have any complaints, claims or disputes with regard to any outcome regarding the Services or any other activity performed by the Group, you should in the first instance contact the Group in accordance with Section 21 below. To the extent that you are not satisfied with the Group's response you may contact the Alderney Gambling Control Commission (P.O. Box 15, Alderney, Channel Islands GY9 3HT) and/or the Gibraltar Government (6 Convent Place, Gibraltar).
These Terms and Conditions together with the Privacy Policy, the Sports Services Rules, the News section (Poker, Casino, Gammon, Bingo) Promotions section, the Tournaments section (Poker, Gammon), Game Instructions and Rules section, the Frequently Asked Questions Games Section, the How to Play (Poker, Gammon) and Game Rules (Casino, Bingo) sections, the Frequently Asked Questions (Poker, Casino, Gammon, Bingo), all additional game rules, the Poker Etiquette section, the Disconnection and Cancellation Policy ( Poker, Casino, Gammon, Bingo), the Tell-a-Friend Terms and Conditions, Standard Promotional Terms and Conditions, Inter-Account Transfer Terms, the Gift Certificate Term Fees and Commission (Poker, Gammon), the Player's Club and any other additional rules and terms published on the Platforms or otherwise notified to you that specifically relate to and govern any particular event, game, software, promotion or tournament constitute a legally binding agreement between the Group and you ('Agreements'). You should read all of these documents carefully as each one forms part of the legally binding agreement between us.
IF THESE AGREEMENTS ARE TRANSLATED INTO ANOTHER LANGUAGE, THE ENGLISH LANGUAGE VERSION WILL PREVAIL IN THE EVENT OF ANY CONFLICT BETWEEN THE TRANSLATION AND THE ENGLISH LANGUAGE VERSION.
Please note that these Terms and Conditions shall prevail in the event of any conflict between these Terms and Conditions and any of the game rules or other documents referred to in these Terms and Conditions.
By clicking on 'Submit' or 'I Agree' and accepting these Terms and Conditions, or by using our Services, you are also acknowledging and accepting these Agreements. Access to and use of our Services are governed by these Agreements. If you have any questions about these Agreements, we would encourage you to seek independent legal advice.
Your attention is drawn to our Privacy Policy which describes how we deal with and protect your personal information. By accepting these Terms and Conditions, you are also acknowledging and accepting the Privacy Policy.
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SPORTS SERVICES
The sports services are the services provided by us via the following Platforms: PartyBets.com and Gamebookers.com (together the 'Sports Services').
If you are using or intending to use the Sports Services you must do so in accordance with Section 27 of these Terms and Conditions which applies specifically to the Sports Services.
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GAMING SERVICES
The gaming services are the services provided by us via the following Platforms: PartyPoker.com, PartyCasino.com, PartyGammon.com, and PartyBingo.com PartyMobile.com and any other Party branded platform provided by us (together the 'Gaming Services').
If you are using or intending to use the Gaming Services you must do so in accordance with Section 28 of these Terms and Conditions which applies specifically to the Gaming Services.
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1. APPLICABILITY OF AGREEMENTS
By using our Services and/or by acknowledging that you have read these Agreements when you register to join and/or by clicking on the 'Submit' or 'I Agree' button when you install any of the software relating to the Services provided via the Platforms or when you register for your Account, you agree to comply with these Agreements, and you acknowledge that your failure to comply with these Agreements may result in disqualification, the closure of your Account (hereafter as defined in Section 3 below), forfeiture of funds and/or legal action against you, as appropriate and as further specified in these Agreements. You acknowledge that if you accept these Agreements, we will start providing you with the benefit of the Services immediately. As a consequence of this, if you accept these Agreements when registering for our Services, you will not later be able to cancel your registration, although you can terminate these Agreements and close your Account in accordance with Section 18 below.
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2. LEGALITY OF USE OF THE SERVICES
2.1. You may only use the Services if you are 18 years of age or over (or such other higher minimum legal age in your jurisdiction) and it is legal for you to do so according to the laws that apply in your jurisdiction. Group reserves the right to ask for proof of age from you and your Account may be suspended until satisfactory proof of age is provided. You understand and accept that the Group is unable to provide you any legal advice or assurances and that it is your sole responsibility to ensure that at all times you comply with the laws that govern you and that you have the complete legal right to use the Services. Without limitation to the above, access to our Services may be restricted from certain territories. Any use of the Services is at your sole option, discretion and risk. By using the Services, you acknowledge that you do not find the Services to be offensive, objectionable, unfair, or indecent in any way.
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3. ACCOUNT/REGISTRATION
3.1. To use the Services, you will first need to register for an account with us. You may access any of our Services from your Account (as defined below).
3.2. You can open an account with us by choosing a unique account name and password and entering other information that we ask for on our registration form such as (but not limited to) your first and last name, address, email, gender, birth date and telephone number (an 'Account'). You shall ensure that the details provided at registration are accurate and kept up to date. You can change the details you provide at registration at any time by editing your Account preferences. Please see our Privacy Policy for further details. Alternatively, you can contact us for further information.
3.3. You may also be asked to choose a preferred currency for your Account from the currencies available from time to time ('Account Currency'). Please note that once you have chosen, you will not be able to change your Account Currency more than once without Our approval (which may be withheld or delayed in Our sole discretion). Should you wish to change your Account Currency more than once, please contact Customer Services. Any Account Currency changes will be made on the terms and at the Exchange Rates offered by us at the time of conversion. Please see Currency Converter and Frequently Asked Questions for further details.
3.4. There are no set-up charges for opening your Account. The Group is not a bank and funds are not insured by any government agency. All payments to and from your Account must be paid in the currencies available on the Services from time to time and shall not bear interest and you shall ensure that all payments into your Account are from a payment source for which you are the named account holder. If you are making a deposit to or withdrawal from your Account in a currency other than your Account Currency, such deposit and/or withdrawal will be made at the Exchange Rates offered by Us at the time of such deposit or withdrawal and may be subject to a small conversion fee. Please see Currency Converter and Frequently Asked Questions for further details.
3.5. To play Real Money Games or place a bet, you will be required to pay 'real money' funds into your Account by any of the methods specified from time to time by us. Such funds will be deposited into your Account upon actual receipt of funds by the Group and/or its agents. Minimum and maximum limits may be applied to the payments into your Account, depending upon your history with us, the method of deposit, and other factors as determined solely by the Group. For further details of current deposit and cash out options and fees please see PartyCashier. If permitted, you may make transfers from your Account to fund another player's Account solely for the purposes of using the Services and such transfers will be subject to the Inter-Account Transfer Terms or the Gift Certificate Terms (where applicable) and any other applicable terms and the restrictions on cash outs therein.
3.6. You can request withdrawals from your Account at any time provided all payments made have been received. Group reserves the right to pay any requested withdrawal partly or in total via the same method of payment and in the same currency with which deposits were made. When using credit/debit card or an e-wallet to make a deposit, Group may elect not to accept any withdrawal request within fourteen (14) days after the deposit.
3.7. To use certain of the Services you may first need to download and install software indicated and usually provided on the relevant Platform.
3.8. The Group is unable to guarantee the continued availability of any particular currency. In the unlikely event that it becomes necessary for the Group to stop supporting a particular currency and your Account Currency becomes unavailable, the Group reserves the right to require You to convert your Account Currency into a preferred available alternative at the Exchange Rates offered by Us at the time of conversion.
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4. TRUE IDENTITY AND ONE ACCOUNT
The name on your Account must match your true and legal name and identity and the name on your Account registration must match the name on the credit card(s) or other payment accounts used to deposit or receive monies in your Account. To verify your identity, Group reserves the right to request at any time satisfactory proof of identity (including but not limited to copies of a valid passport / identity card and/or any payment cards used) and proof of address (including but not limited a recent utility bill or bank statement). Failure to supply such documentation may result in suspension of the Account. You are prohibited from holding more than one (1) Account. If you have more than one (1) Account or Accounts in different names, then you must contact us immediately to have your Accounts managed so that you only have one (1) Account. Group reserves the right to close your Account(s) if you open multiple Accounts. Should Group have reasonable grounds to believe that multiple Accounts have been opened with the intention to defraud the company, Group reserves the right to cancel any transaction related to said fraud attempt. If you have lost your Account name or password, please contact us for a replacement.
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5. NO GROUP EMPLOYEES OR AFFILIATES
If you are an officer, director, employee, consultant or agent of the Group or one of its subsidiary parent or associated companies, or suppliers or vendors, you are not permitted to register for an Account with Group or to use directly or indirectly any of the Services (each an 'Unauthorised Person'), other than in the course of your employment as a Group employee. Similarly, relatives of Unauthorised Persons are not permitted to register with Group or to use directly or indirectly any of the Services. For these purposes, the term 'relative' shall include (but not be limited to) any of a spouse, partner, parent, child or sibling.
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6. YOUR USE OF THE SERVICES
6.1. The Group reserves the right to suspend, modify, remove and/or add to any Service in its sole discretion with immediate effect and without notice and the Group will not be liable for any such action.
6.2. The Group forbids the use of all unfair practices when using the Services. We do this to protect our customers and the integrity of the Services. Please read our Unfair Advantage Policy which is incorporated in this agreement for further details and our Anti-Cheating Policy at section 28.4. If any customer is found to be participating in any form of collusion or other activities that we consider to constitute cheating his or her account may be permanently closed and any balance may be at risk of forfeiture or withholding as per section 17 of this agreement.
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7. COPYRIGHT AND TRADEMARKS
The terms PartyGaming, PartyPoker, PartyCasino, PartyGammon, PartyBingo, PartyAccount, PartyPoker Million, PartyBets, PartyMobile, Gamebookers and any other marks used by Group are the trade marks, service marks and/or trade names of the Group or one of its subsidiaries or associated companies or its licensors. Further, all other material used by Group, including but not limited to the software, images, pictures, graphics, photographs, animations, videos, music, audio, text (and any intellectual property rights in and to any of the same) is owned by the Group or one of its subsidiaries or associated group companies and/or licensors and is protected by copyright and/or other intellectual property rights. You obtain no rights in such copyright material or trade or service marks and must not use them without the Group's written permission.
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8. ELECTRONIC SERVICES PROVIDER
In order to use the Services, you will be required to send money to and may be required to receive money from us. The Group may use third-party electronic payment processors and/or financial institutions ('ESPs') to process such financial transactions. You irrevocably authorise us, as necessary, to instruct such ESPs to handle Account deposits and withdrawals from your Account and you irrevocably agree that the Group may give such instructions on your behalf in accordance with your requests as submitted using the relevant feature on our Platforms. You agree to be bound by the terms and conditions of use of each applicable ESP. In the event of conflict between these Agreements and the ESP's terms and conditions then these Agreements shall prevail.
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9. BONUSES
We may from time to time offer you complimentary or bonus amounts to be credited by the Group into your Account ('Bonus(es)'). Such Bonuses may only be used in relation to such Services as may be specified when the Bonus is offered to you. Acceptance of any Bonus shall be in accordance with additional terms and conditions we may make available to you in respect of each such Bonus offering and, if none, then in accordance with the Standard Promotional Terms and Conditions and bonus release restrictions contained in the relevant offer. Offers may be used only ONCE unless otherwise specified. You are not entitled to withdraw any Bonus amounts and you may not remove any cash obtained via a Bonus from your Account without first complying with the applicable terms including, without limitation, in respect of any qualifiers or restrictions.
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10. CASH OUTS
Your account balance is the amount of real money held in your Account (if any), plus any winnings and/or minus any losses accrued from using the Services, less any rakes or entry or other fees, if applicable, and less any amounts previously withdrawn by you or amounts forfeited or reclaimed by the Group due to any known or suspected fraud or due to deposits or other transactions rejected or cancelled by your bank or any relevant third-party bank (whether as a result of insufficient funds, charge-backs or otherwise), any Inactive Account Fees (see Section 11 below) or any sums which are otherwise deductible or forfeited under these Agreements ('Account Balance'). Before you are able to cash out monies deposited by you or received by way of Inter-Account Transfer or Gift Certificate you must first have earned Standard Player Points with such monies (excluding any bonus points awarded) greater than or equal to15% of the amount received in USD ("Release Requirements"). Where such monies are deposited or received in a currency other than USD, the required 15% of Player Points must be calculated on the value of such monies in USD (based on the exchange rates offered by us at the point of cash out. Please see Currency Converter). In addition, acceptance of a cash out request is subject to any deposit method restrictions, bonus restrictions and/or Security Reviews (see Section 16 below) and any other terms of these Agreements. All amounts you withdraw are subject to the transaction limits and any processing fees for deposits and withdrawal methods that we notify you of before cashing out. For further details of current deposit and cash out options and fees please see PartyCashier. Further, the Group may report and withhold any amount from your winnings in order to comply with any applicable law. All taxes due in connection with any winnings awarded to you are your sole liability. Account balances cannot be transferred, substituted or redeemed for any other prize. Payment of funds which you withdraw shall be made by cheque, wire, credit card and/or any other manner which the Group selects in its sole discretion, although we will try to accommodate your preferences as indicated by you when you register. Payments will be made as soon as reasonably possible, although there may be delays due to any Security Review (see Section 16 below) undertaken by the Group and save where the Group holds any such payments in accordance with these Agreements.
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11. INACTIVE ACCOUNT FEES AND ABANDONMENT OF ACCOUNTS
11.1. If you do not access your Account by 'logging on' to your Account using your Account name and password and either (i) place a cash wager or bet via the Services, or (ii) enter a tournament with a cash entry fee via the Gaming Services, or (iii) play a raked hand via the Gaming Services, as applicable, for any consecutive period of 180 days, then after those 180 days (the 'Grace Period') your Account (and any related account with any ESP) will be deemed 'Inactive'.
11.2. Once your Account has been deemed Inactive the Group is entitled to charge you an administrative fee (the 'Inactive Account Fee'). TheGroup will deduct an amount up to the Inactive Account Fee amount from your Account Balance on the day following the end of the Grace Period and then every thirty (30) days thereafter in accordance with the Inactive Account Fee Schedule.
We will stop deducting the Inactive Account Fee from your Account Balance if your Account is re-activated by entering a tournament, or making a cash bet or wager, or by playing a raked hand.
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12. ABUSIVE OR OFFENSIVE LANGUAGE
Abusive or offensive language will not be tolerated on the Group's chat boards, or otherwise by you on the Platforms or with Group staff. Any violation of this policy will result in a suspension of your use of the Services or such other action as may be reasonably required by the Group to ensure compliance. In addition, you are not entitled to make untrue and/or malicious and/or damaging comments with regard to the Group's operation in any media or forum.
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13. DISCLOSURE OF ACCOUNT NAME AND PASSWORD
The Account name and password selected when you apply for membership should not be disclosed to any third party. You are solely responsible for the security of your Account name and password.
You agree to keep your Account name and password secret and confidential and not to allow anyone else to use it. Every person who identifies themselves by entering a correct username and password is assumed by Group to be the rightful Account holder and all transactions where the username and password have been entered correctly will be regarded as valid. In no event will the Group be liable for any loss you suffer as a result of any unauthorised use or misuse of your login details. The Group shall not be required to maintain Account names or passwords. If you have lost your Account name, username or password, please contact us for a replacement. If you misplace, forget, or lose your Account name, username or password as a result of anything other than Group's error, the Group shall not be liable.
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14. FRAUDULENT ACTIVITIES AND PROHIBITED TRANSACTIONS
The Group has a zero tolerance policy towards inappropriate play and fraudulent activity. If, in the Group's sole determination, you are found to have cheated or attempted to defraud the Group or any other user of any of the Services in any way, including but not limited to game manipulation or payment fraud, or manipulation of the multi-currency facilities, or if the Group suspects you of fraudulent payment, including use of stolen credit cards, or any other fraudulent activity (including but not limited to any chargeback or other reversal of a payment) or prohibited transaction (including but not limited to money laundering), the Group reserves the right to suspend and/or close your Account and to share this information (together with your identity) with the police, regulatory authorities and other online gaming sites, banks, credit card companies, and other such appropriate agencies. Please see our Privacy Policy for further details.
We reserve the right to void and withhold any or all winnings made by any person or group of persons where we have reasonable grounds to believe that said person or group of persons is acting or has acted in liaison in an attempt to defraud or damage Group and/or the Services and/or the Platforms in any way.
In the interests of data protection, security and avoidance of fraud the Group does not permit use of any communication channels included within the Services and/or the Platforms (including but not limited to dealer table chat boards) to offer or promote any offers, products and services (whether yours or a third party's). You are expressly prohibited from posting information or contacting our customers to offer or promote any offers, products or services.
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15. ERRORS
You must inform us as soon as you become aware of any errors with respect to your Account or any calculations with respect to any bet or wager you have placed or any currency conversion. In the event of such error or any system failure or game error (a divergence from the normal functioning of the game logic for whatever reason) that results in an error in any odds calculation, charges, fees, rake, bonuses or payout, or any currency conversion as applicable, (' Error') the Group will seek to place all parties directly affected by such Error in the position they were in before the Error occurred. The Group reserves the right to declare null and void any wagers or bets that were the subject of such Error and to take any money from your Account relating to the relevant bets or wagers, if there are insufficient funds in your Account, the Group may demand that you pay us the relevant outstanding amount relating to these bets or wagers. In all circumstances whereby the Group (in its sole discretion) determines a Error has been used to gain an unfair advantage, the Group reserves the right to consider this activity to be subject to Section 17 (Forfeiture & Account Closure) of these Terms and Conditions.
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16. SECURITY REVIEW
To maintain a high level of security and integrity in the system, the Group reserves the right to conduct a security review at any time to validate your identity, age, the registration data provided by you, to verify your use of the Services, including but not limited to your compliance with these Agreements and the policies of the Group and your financial transactions carried out via the Services for potential breach of these Agreements and of applicable law (a 'Security Review'). As such you authorize us and our agents to make any inquiries of you and for us to use and disclose to any third party we consider necessary to validate the information you provide to us or should provide to us in accordance with these Agreements, including but not limited to, ordering a credit report and/or otherwise verifying the information against third party databases. In addition, to facilitate these Security Reviews, you agree to provide such information or documentation as the Group, in its unfettered discretion, may request.
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17. FORFEITURE & ACCOUNT CLOSURE
17.1. THE GROUP RESERVES THE RIGHT, IN ITS UNFETTERED DISCRETION AND IN RELATION TO YOUR ACCOUNT, ANY RELATED ESP ACCOUNT, ANY ACCOUNTS YOU MAY HAVE WITH OTHER SITES AND/OR CASINOS AND/OR SERVICES OWNED OR OPERATED BY OR ON BEHALF OF THE GROUP AND, IN THE CASE OF YOUR USE OF THE GAMING SERVICES, ANY SERVICES THAT SHARE THE SHARED GAME/TABLE PLATFORM, TO TERMINATE THIS AGREEMENT, WITHHOLD YOUR ACCOUNT BALANCE, SUSPEND YOUR ACCOUNT, AND RECOVER FROM SUCH ACCOUNT THE AMOUNT OF ANY AFFECTED PAY-OUTS, BONUSES AND WINNINGS IF:
17.1.1. you are in material breach of any of these Agreements;
17.1.2. the Group becomes aware that you have used or attempted to use the Services for the purposes of fraud, collusion (including in relation to charge-backs) or unlawful or improper activity (including without limitation, any manipulation of the multi-currency facilities);
17.1.3. the Group becomes aware that you have played at any other online gaming site or services and are suspected of fraud, collusion (including in relation to charge-backs) or unlawful or improper activity;
17.1.4. you have 'charged back' or denied any of the purchases or deposits that you made to your Account; or
17.1.5. you become bankrupt or analogous proceedings occur anywhere in the world.
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18. TERMINATION
18.1. You are entitled to close your Account and terminate these Agreements on seven (7) days notice to Group by withdrawing the entire balance from your account and sending a letter or email or telephoning us using the details at 'contact us'. We will respond within a reasonable time provided that you continue to assume responsibility for all activity on your Account until such closure has been affected by us.
18.2. We take Responsible Gaming seriously. If you would like us to close your Account for responsible gaming reasons please email responsiblegaming@partyaccount.com and we will endeavour to close your Account as soon as reasonably possible.
18.3 Without limitation to section 17, the Group is entitled to terminate these Agreements on seven (7) days notice (or attempted notice) to you at the email address you have provided the Group. In the event of termination by Group, Group shall give notice of the termination to you via email and, other than where termination is pursuant to section 17, as soon as reasonably practicable refund the balance of your Account. Where the Group has terminated pursuant to section 17, any payouts, bonuses and winnings in your Account are non-refundable and deemed forfeited.
18.4. Termination of these Agreements will not affect any outstanding wagers or bets, PROVIDED that any outstanding wagers or bets are valid and are not in breach of these Agreements in any way.
18.5. The following Sections of these Terms and Conditions shall survive any termination of these Agreements by either party: 14, 17, 18, 19, 20, 21, 22, 23 and 24, along with any other Sections which are required for the purposes of interpretation.
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19. COMPENSATION
YOU AGREE THAT YOU WILL ONLY USE THE SERVICES IN ACCORDANCE WITH THE TERMS AND CONDITIONS SET OUT IN THE AGREEMENTS. YOU WILL COMPENSATE THE GROUP IN FULL FOR ANY LOSSES OR COSTS (INCUDING REASONABLE LEGAL FEES) WHICH THE GROUP INCURS ARISING FROM ANY BREACH BY YOU OF THE AGREEMENTS.
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20. LIMITATIONS AND EXCLUSIONS
20.1. YOUR ACCESS TO THE PLATFORMS, DOWNLOAD OF ANY SOFTWARE RELATING TO THE SERVICES FROM THE PLATFORMS AND USE OF THE SERVICES IS AT YOUR SOLE OPTION, DISCRETION AND RISK. THE GROUP SHALL NOT BE LIABLE FOR ANY MALFUNCTIONS OF THE COMPUTER PROGRAMS RELATING TO THE SERVICES WE MAKE AVAILABLE FROM THE PLATFORMS, ERRORS AS DESCRIBED IN SECTION 15, BUGS OR VIRUSES RESULTING IN LOST DATA OR ANY OTHER DAMAGE TO YOUR COMPUTER EQUIPMENT, MOBILE PHONE OR MOBILE DEVICE, OR SOFTWARE. FURTHERMORE, THE GROUP SHALL NOT BE LIABLE FOR ANY ATTEMPTS BY YOU TO USE THE SERVICES BY METHODS, MEANS OR WAYS NOT INTENDED BY THE GROUP. THE GROUP IS NOT REQUIRED TO PROVIDE REDUNDANT OR BACKUP NETWORKS AND/OR SYSTEMS.
20.2. GROUP WILL PROVIDE THE SERVICES WITH REASONABLE SKILL AND CARE AND SUBSTANTIALLY AS DESCRIBED IN THE AGREEMENTS. GROUP DOES NOT MAKE ANY OTHER PROMISES OR WARRANTIES ABOUT THE SERVICES.
20.3. THE GROUP'S MAXIMUM LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF THESE AGREEMENTS OR YOUR USE OF THE SERVICES OR THE COMPUTER PROGRAMS RELATING TO THE SERVICES WE MAKE AVAILABLE FROM THE PLATFORMS, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL BE LIMITED IN ANY TWELVE (12) MONTH PERIOD TO THE AMOUNT, IF ANY, YOU HAVE PAID FROM YOUR ACCOUNT IN BETS, RAKES AND/OR FEES, AS APPLICABLE, IN THE SAME TWELVE (12) MONTH PERIOD AND IN RELATION TO THE SERVICE RELEVANT TO WHICH THE LIABILITY IN QUESTION HAS ARISEN.
20.4. THE GROUP (INCLUDING ITS PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES) WILL NOT BE LIABLE TO YOU IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR ANY BUSINESS LOSSES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, PROFITS, REVENUE, BUSINESS, OPPORTUNITY, GOODWILL, REPUTATION OR BUSINESS INTERRUPTION OR FOR ANY LOSSES WHICH ARE NOT CURRENTLY FORESEEABLE BY US ARISING OUT OF THESE AGREEMENTS OR YOUR USE OF THE SERVICES.
20.5. NOTHING IN THESE AGREEMENTS WILL OPERATE SO AS TO EXCLUDE ANY LIABILITY THE GROUP MAY HAVE IN RESPECT OF EITHER FRAUD, OR DEATH, OR PERSONAL INJURY CAUSED BY THE GROUP'S NEGLIGENCE.
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21. NOTICES\COMPLAINTS
If you have any complaints, claims or disputes with regard to any outcome regarding the Services or any other activity, you must submit your complaint to Group in writing as soon as is reasonably practicable following the date of the original transaction to which the claim or dispute refers. Complaints may be submitted by email to info@partyaccount.com. You may also submit notices to us in writing at: for Sports Services; Player Claims, Suite 711, Block 7, Europort; and for Gaming Services: Player Claims, ElectraWorks Limited, Suite 711, Block 7, Europort. Any notice we give to you (save as otherwise set out herein) will be sent to the email address that you provide when you register your Account. It is your responsibility to give us notice of any changes to this address through the 'Change Email' facility in our software and to regularly check your email account for emails from the Group.
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22. DATA PROTECTION
22.1. Group may share your personal data with any of its agents who may only use such data for strictly the same purposes as Group shall specify and within the terms of these Agreements. The Group shall use your personal data in accordance with the Privacy Policy.
22.2. You should assume that all use of our website, and emails, SMS and telephone calls between you and Group will be recorded. These recordings will be the sole property of Group and may be used as evidence in the event of any dispute or to improve customer services.
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23. GOVERNING LAW
These Agreements shall be governed by and construed in accordance with the laws of Alderney. You irrevocably agree to submit, for the benefit of the Group, to the exclusive jurisdiction of the courts of
(a) Alderney or
(b) in the event that you are resident within the European Union, the courts of Gibraltar
for settlement of any disputes or matters arising out of or concerning these Agreements or their enforceability. If any part of these Agreements is found to be invalid, illegal or unenforceable in any respect, it will not affect the validity of the remainder of the Agreements, which shall remain valid and enforceable according to their terms.
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24. ASSIGNMENT
We reserve the right to transfer, assign, sublicense or pledge these Agreements, in whole or in part, to any person (but without your consent) without notice, provided that any such assignment will be on the same terms or terms that are no less advantageous to you. You may not assign, sublicense or otherwise transfer in any manner whatsoever any of your rights or obligations under these Agreements.
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25. THIRD PARTY RIGHTS
Except insofar as these Agreements expressly provide that a third party may in their own right enforce a term of these Agreements, a person who is not a party to these Agreements has no right under local law or statute to rely upon or enforce any term of these Agreements but this does not affect any right or remedy of a third party which exists or is available other than under local law or statute.
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26. ENTIRE AGREEMENT, MODIFICATION AND AMENDMENTS
You fully understand and agree to be bound by these Agreements and as modified and/or amended by the Group from time to time. The Group may amend these Agreements at any time either by emailing or SMS messaging you notification of the new terms and/or by publishing the modified Agreement(s) on the relevant page of the Platforms or any place through which you access the Services. Any such modification will take effect within thirty (30) days of publication. If any modification is unacceptable to you, your only recourse is to terminate these Agreements. Your continued use of the Services following notification or as the case may be such thirty (30) day period will be deemed binding acceptance of the modification. It is your sole responsibility to review these Agreements and any amendments each time you play. These Agreements and the documents referred to herein represent the complete and final agreement between you and the Group in relation to this agreement and supersede any and all prior agreements between you and the Group.
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27. SPORTS SERVICES
27.1. The following terms apply only to your use of the Sports Services. Please note that in the event of any conflict between this Section 27 and the remaining Sections of these Terms and Conditions, this Section 27 shall prevail to the extent that it applies to your use of the Sports Services.
27.2. Rules and Procedures of the Sports Services
You must use the Sports Services in accordance with the generally accepted games rules set out in our Sports Services Rules and any other page that specifically relates to and governs any particular event, game or tournament ('Rules'). We advise you to read all of these Rules carefully.
27.3. Betting Terms
Group reserves the right to use symbols (such as 1,X,2) and abbreviations for the indication of betting outcomes. Group will at any time maintain a help section on the Sports Services providing information about the betting types and terms used. Group advises you to familiarise yourself with the exact details of any bet before placing it. Any additional information detailed at the top or bottom of events and odds displays forms part of the betting rules for the particular event and in the event of any disparity, shall take precedence over these terms. Group advises you to read all of this information carefully.
27.4. Limits on Stakes and Winnings
Group reserves the right to limit the maximum amount wagered for each single or multiple bet. The maximum aggregate amount that you may win via the Sports Services within any seven (7) day period is USD 250,000 (net win excluding stakes) or, where your account currency is in EUR, GPB, HUF, PLN or RON at the time such maximum is reached: EUR 175,000, GBP 125,000, HUF 45,000,000, PLN 700,000 or RON 600,000 as appropriate. . This maximum shall apply independently of the number of bets placed or pending or the amount wagered or pending and acceptance of your bet or wager by Group does not constitute an agreement to pay out if your net win exceeds our limit on winnings (above) and it is your responsibility to be aware that you will not be paid out if your net win exceeds this limit.
27.5. Acceptance and Validation of Terms
27.5.1. Bets must be made via the Sports Services.
27.5.2. A bet is deemed to be valid following confirmation of acceptance from Group's remote servers. This acceptance is demonstrated by the bet's transaction code that will appear on screen. When a bet is placed and accepted, the corresponding amount is charged against your Account. Once accepted, bets cannot be cancelled or amended in any way.
27.5.3. When placing the bet, you confirm that you do not have any previous knowledge of the result of the respective event underlying the bet ('Event').
27.5.4. Group reserves the right to void any bet which may be inadvertently accepted when your Account does not have sufficient funds to cover the amount of the bet placed.
27.5.5. All bets must be made and accepted before the start of the relevant Event. Any bet placed or received after the start of the Event will be void unless the betting offer is clearly intended to be available after the start of the Event (i.e. live betting, outrights).
27.5.6. If, in the case of live betting, delayed TV coverage or data transmission results in a bet being placed at the incorrect price immediately after the selected participant/team has gained a significant advantage, Group reserves the right to void the bet, win or lose.
27.5.7. If an Event is cancelled and deemed void, the respective selection is considered with neutral decimal odds of one (1.00). In the event of an individual bet, the amount of the bet is refunded. In the case of multiple bets in which Events cancelled appear together with other valid events with a winning forecast, the multiple bet is considered won but the accumulated odds are adjusted accordingly.
27.5.8. Multiple bets are not accepted where the outcome of one part of the bet contributes to the outcome of another.
27.5.9. Group reserves the right to suspend, modify, remove and/or add any Sports Service at its absolute discretion with immediate effect and without notice and it will not be liable for any such action.
27.6. Account Currency Changes
For the avoidance of doubt, in the event that you change your Account Currency during the life of a bet, any winnings will be converted into your new Account Currency at the Exchange Rates at time of payout.
28. GAMING SERVICES
28.1. The following terms apply only to your use of the Gaming Services. Please note that in the event of any conflict between this Section 28 and the remaining Sections of these Terms and Conditions, the remaining Sections of these Terms and Conditions shall prevail.
28.2. Play Money and Real Money Games
By registering for the Gaming Services you will be able to access (through the Software (as defined below)) both 'play money' games and tournaments ('Play Money Games' or 'Play for Free Games' respectively) and 'real money' games and tournaments ('Real Money Games' or 'Play for Real Money Games' respectively), via the Gaming Services. No purchase is necessary or required to play the Play Money Games, save in respect to any cost you may incur to access the Gaming Services, charged by your Internet service provider or telecommunications provider, and you may play the Play Money Games without betting money. The Group reserves the right to suspend, modify, remove and/or add any Gaming Service in its sole discretion with immediate effect and without notice and the Group will not be liable for any such action.
28.3. Rules and Procedures of the Gaming Services
You must use the Gaming Services in accordance with the generally accepted games rules set out in the Game Rules section, and the procedures relevant to the Gaming Service you are using specifically set out in the Games section of the PartyPoker.com, PartyCasino.com, PartyGammon.com, and PartyBingo.com online sites, including but not limited to the Promotions section, Tournaments section, Game Instructions & Rules section, the Tell a Friend section, How to Play, Table Stakes, Tournaments, Tournament Rules, Poker Etiquette section and any other page that specifically relates to and governs any particular event, game or tournament ('Rules').
28.4. Anti-Cheating Policy
We are committed to preventing the use of unfair practices in the Gaming Services, including but not limited to player collusion. We are also committed to detecting and preventing the use of software programs which are designed to enable artificial intelligence to play on our Platforms including, but not limited to, opponent-profiling, cheating software or anything else that we deem enables you to have an unfair advantage over other players not using such programs or systems ('AI Software'). You acknowledge that the Group will take measures to detect and prevent the use of such programs and AI Software using methods (including but not limited to reading the list of currently running programs on a player's computer) and you agree not to use any AI Software and/or any such programs. Go to our Unfair Advantage Policy.
28.5. Software
You may install and use the software we make available from the Platforms used to provide the Gaming Services (the 'Software') on a hard disk or other storage device and make backup copies of the Software, provided that such use and backup copying is only for your own personal use in using the Gaming Services in accordance with these Agreements, and further, that such installation and use is made through a computer or other device of which you are the primary user. The Software's structure, organisation and code are the valuable trade secrets of the Group and/or its subsidiary or parent or associated companies and/or its licensors. You obtain no rights to the Software except to use it in accordance with these Agreements. Save as expressly permitted by law, you are strictly prohibited from, and agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software or any part of it or to create, publish or distribute derivative works from the Software. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by any applicable laws, restrictions or regulations.
28.6. Shared Games, Table and Database Platform
The Group reserves the right, but is not obliged, to run and utilise a shared table, server and database platform or system ('Shared Game/Table Platform') which enables Gaming Service users to play with players coming into the games, tables and tournaments from other websites and brands operating on the same Shared Game/Table Platform. If a Shared Game/Table Platform is used, you agree that you may be pooled into these common game/tables, at the Group's sole discretion, and that to the extent that you breach the terms and conditions of one site or brand that operates on the Shared Game/Table Platform, the Group may have you blocked, in part or full, from the entire system so that you may not play through any site or brand using or on the Shared Game/Table Platform. Without limitation to the restriction on having multiple accounts with us (please see Section 4), the Group may require that you only have one account on the Shared Game/Table Platform if the same is used.
28.7. Play Money and Real Money Account Funding
'Play money' funds have no value and are kept separate from 'real money' funds. They are not transferable to a 'real money' account nor are they redeemable for any currency. We do not promise to accurately record the number of play money chips held by you and your play money chips may be lost at any time. Further, we reserve the right to set a maximum chip limit for play money Accounts. 28.8. Settlement of In-Game Disputes
You fully accept and agree that random number generator ('RNG') software will determine the shuffling and dealing of cards and other randomly generated events required in the Gaming Services. If there is a discrepancy between the result showing on the Software (as installed and operated on your hardware) and our server, the result showing on our server shall govern the result. Moreover, you understand and agree that (without prejudice to your other rights and remedies) the Group records shall be the final authority in determining the terms of your use of the Gaming Services, the activity resulting therefrom and the circumstances in which such activity occurred.
28.9. Real Money Game and Tournament Currency
Where a Real Money Game or tournament is only available in currency which is different from your Account Currency you may in some cases be given the option to buy-in to the same in the currency of the relevant game/tournament. Such buy-in (together with any winnings) will be subject to the terms and Exchange Rates offered by Us at the relevant time. Please see Currency Converter and Frequently Asked Questions for further details. In all other cases you will only be permitted to place bets and wagers in your Account currency.
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PLEASE PRINT THESE TERMS AND CONDITIONS AND STORE FOR YOUR FUTURE REFERENCE. IN ADDITION, WE SUGGEST THAT YOU PRINT AND STORE ALL TRANSACTION RECEIPTS AND GAME RULES AS APPLICABLE TO YOUR ACTIVITIES.
If you have any questions, please contact our 24/7 Customer Care Team .
Modified/Created 29 May 2008 |
