GENERAL TERMS AND CONDITIONS AS AMENDED ON 14.09.2023

IMPORTANT: PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCEPTING THE CONTRACT, AND THEN PRINT THEM OUT AND KEEP THEM TOGETHER WITH THE CONFIRMATION E-MAILS, TEXT MESSAGES, ADDITIONAL PROVISIONS, TRANSACTION DATA, GAMING RULES AND PAYMENT METHODS RELEVANT TO USING THE PLATFORMS AND SERVICES. THE TERMS AND CONDITIONS ARE SUBJECT TO CHANGES (AS EXPLAINED BELOW).

By clicking on 'Submit' or 'I Agree' and/or by using the Services (as that term is hereinafter defined), You accept to be bound by these Terms and Conditions in their entirety and without reservation. After You (as that term is hereinafter defined) click on 'Submit' or 'I Agree' and/or when You use the Services, a legally binding agreement on these terms and conditions is concluded between, (a) You, the end user ('You') and (b) ElectraWorks (Ceuta) SA (formerly named ElectraWorks (Malta) Plc), having its registered office at Calle Real 74, Planta Baja, (51001, Ceuta) and registered in the Companies Register of Ceuta in Book 135, Page 110, Sheet CE-3509 and NIF number A67870402, ElectraWorks (Ceuta) SA, also referred to as 'the Company', 'We', 'Us' or 'Our', as appropriate.

In accordance with Gaming Law 13/2011 and implementing regulation, the Company’s address and legal representation, for notification purposes only – official communications from the regulator, other Spanish authorities and, as the case may be, any Spanish court or Judge, or with regard to complaints under the terms set out in Provision 22 – are located at C/ Aribau nº 205, 1st floor (08021 Barcelona).

ElectraWorks (Ceuta) SA is licensed and regulated by the Spanish Government in accordance with Law 13/2011 and other complimentary decrees and orders, for the purposes of offering in the whole Spanish territory and abroad fixed odds betting and other games: In particular, the Company holds the following general licences granted by the Directorate General for the Regulation of Gambling (Dirección General de Ordenación del Juego), ‘DGOJ’):

  • General licence and Other Games: No/Ref: 5-11/GO/N0461246A/SGR
  • General licence Betting: No/Ref: 6-11/GA/N0461246A/SGR
  • Specific licence Roulette No/Ref: 8-11/RLT/N0461246A/SGR
  • Specific licence Blackjack: No/Ref: 9-11/BLJ/N0461246A/SGR
  • Specific licence Slots No/Ref: MAZ/2014/014
  • Specific licence Poker: No/Ref: 11-11/POQ/N0461246A/SGR
  • Specific licence Sports betting No/Ref: 10-11/ADC/N0461246A/SGR
  • Specific licence Other fixed-odds bets No/Ref: AOC/2021/026

The purpose of these agreements is to set out Our legal relationship with You in connection with the provision of the Services.

Any amendment to this agreement must be explicitly accepted by You. You may access the current applicable version of this contract at any time by downloading it. You may further request previous versions of this contract by e-mailing info@partypoker.es.

In order to use Our Services, You must comply with the legal obligations with respect to Your identification and allow Us to verify, through the appropriate technical means, that You are not excluded or prohibited from playing in accordance with Spanish Law. Only after having provided Us with, the accurate true and complete information required by Law 13/2011 of the Gaming Regulation and other implementing regulations, and after having accepted this Agreement, You may be registered in the Users Registry, open a gaming account and Use Our Services.

We provide services on bwin, PartyPoker and PartyCasino (together the 'Platforms') and any other online or mobile platform provided by Us (each individual site being a 'Platform') on which You access Our betting, gaming and wagering services, including but not limited to the Sportsbook Services and the Gaming Services, as defined below using Your Account ('Services').

In the event that You have any complaints, claims or disputes with regard to any outcome regarding the Services or any other activity performed by Us, You should in the first instance contact Us in accordance with Section 22 below.

These Terms and Conditions together with the Privacy Policy, the Sportsbook Services Rules, the Sports Video Terms and Conditions, the News and Promotions section, the Tournaments section, the How to Play/Getting Started sections and Game Rules (Casino, Bingo) sections, the Frequently Asked Questions, all additional game rules, the Poker Etiquette section, the Disconnection and Cancellation Policy, the Tell-a-Friend Terms and Conditions, Standard Promotional Terms and Conditions, Fees and Commission, the Third Party Content Policy, the Loyalty/Reward Plan, 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 You and Us ('Agreements'). You should read all of these documents carefully as each one forms part of the legally binding agreement between You and Us.

IF THESE PROVISIONS ARE TRANSLATED INTO ANOTHER LANGUAGE, THE SPANISH LANGUAGE VERSION WILL PREVAIL IN THE EVENT OF ANY CONFLICT BETWEEN THE TRANSLATION AND THE SPANISH LANGUAGE VERSION.

Please note that these Terms and Conditions shall prevail in the event of any conflict between these Terms and Conditions and any of the game rules or other documents referred to in these Terms and Conditions.

By clicking on 'Submit' or 'I Agree' and accepting these Terms and Conditions, or by using Our Services, You are also acknowledging and accepting this Contract. Access to and use of Our Services are governed by these provisions. If You have any questions about these, 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.

SPORTSBOOK SERVICES

The Sportsbook Services are the services provided by Us via the following Platform: bwin (together, the 'Sportsbook Services').

If You are using or intending to use the Sportsbook Services You must do so in accordance with Section 28 of these Terms and Conditions which applies specifically to these services.

GAMING SERVICES

The gaming services are the services provided by Us via the following Platforms, excluding Sportsbook Services: PartyPoker, bwin and PartyCasino (together the 'Gaming Services').

If You are using or intending to use the Gaming Services You must do so in accordance with Section 29 of these Terms and Conditions which applies specifically to these services.

The Sportsbook Services and the Gaming Services shall hereinafter in this document be referred to as the 'Services'.

The Company may suspend, amend, delete or add services according at its discretion, with immediate effect.

1. ACCEPTANCE OF THE CONTRACT

By using Our Services and/or by acknowledging that You have read these provisions 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 the present provisions, and You acknowledge that Your failure to comply with them may result in disqualification, the closure of Your Account (hereafter as defined in Section 3 below), blockage and retention of funds and, as the case may be, any legal action that may apply, as described in the present general provisions or provided for in the applicable legislation. You acknowledge that if You accept the Terms & Conditions of this contract, you will be provided with the platform’s services with immediate effect.. As a consequence of this, if You accept these general provisions when registering to use Our Services, You will not later be able to cancel Your registration, although You may terminate this Contract and close Your Account in accordance with Section 18 below.

2. LEGALITY OF USE OF THE SERVICES

2.1

You may only use the Services if You are 18 years of age or over. We reserve the right to ask for proof of age from You and Your Account may be suspended until satisfactory proof of age is provided You understand and accept that We are unable to provide You with any legal advice or assurances and that it is Your sole responsibility to ensure that at all times You comply with the laws that govern You and that You have the complete legal right to use the Services. This includes, although not exhaustively concerning the specifications above, access to Our Services may being restricted from certain territories. Any use of the Services is at Your sole option, discretion and risk in accordance with Spanish law. By using the Services, You acknowledge that You do not find the Services to be offensive, objectionable, unfair, or indecent in any way.

3. ACCOUNT/REGISTRATION

3.1

To use the Services, You will first need to register to create an account on our website. You may access any of Our Services from Your Account (as defined below). Your gaming account shall be linked to your user registration, and in which are reflected the economic transactions associated with the gaming activities and services offered by the Company.

3.2

You can open an account with Us by choosing a unique account name and/or registering your e-mail and a password, and introducing the information we ask from you into the registration form, such as (but not limited to) Your first name and surname, address, e-mail, gender, birth date, identity-card number, nationality and telephone number ( '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, provided that this information is accurate and complete. Please see Our Privacy Policy for further details. Alternatively, You can contact Us for further information via the following link: here.

3.3

The currency of the gaming account shall be in Euros (legal currency in the European Union).

3.4

There are no set-up charges for opening Your Account. We are not a bank and funds are not insured by any government agency. All payments to and from Your Account must be paid in Euros, and shall not bear interest. 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 Euros, 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.

Customer funds are kept in accounts separate from accounts of the Company and the Group; and arrangements have been made to ensure assets in the customer accounts are distributed to customers in the event of insolvency. This is in accordance with Art. 39.1.A) of Royal Decree 1614/2011, of 14 November, and meets the DGOJ’s requirements for the segregation of customer funds.

For more information, please see our FAQ section or the DGOJ website.

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 by Us. Such funds will be deposited into Your Account upon actual receipt of funds by Us and/or Our agents. Minimum and maximum limits may be applied to the payments into Your Account, depending upon Your history with Us, the method of deposit, and other factors as determined solely by the Company. For further details of current deposit and cash out options and fees please see Cashier.

3.6

You can request withdrawals from Your Account at any time provided all payments/charges made have been received. We will pay any requested withdrawal partly or in total via the same method of payment and in the same currency with which deposits were made. When using credit/debit card or an e-wallet to make a deposit into your account, the Company may elect not to accept any withdrawal request within fourteen (14) days after the deposit.

3.7

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

3.8

When first creating your account, and in accordance with the applicable regulations, You may deposit in accordance with the following maximum deposit limits:

  • Daily limit: EUR 600 (00:00 to 24:00)
  • Weekly limit: EUR 1,500 (from 00:00 on the Monday to 24:00 on the Sunday)
  • Monthly limit: EUR 3,000 (from 00:00 on the first day of the month until 24:00 on the last day of the month)

These limits are subject to change from time to time in accordance with Spanish law.

The Company reserves the right to reduce those limits in an individualised manner for a certain player whenever it identifies behaviour that indicates compulsive gambling or the systematic search for risk-free betting based on errors in determining fees, as well as other behaviour that might be collusive or deemed fraudulent.

You may reduce the pre-set deposit limits to a sum below the sums indicated above, which will be applied immediately in accordance with our Safer Gambling Policy.

If you wish to increase or remove Your limits, You must meet the following requirements:

  • You must successfully complete and pass the tests for preventing addictive gaming behaviour and for safe gaming, established for this purpose by the authority responsible for gaming regulation (self-evaluation test).
  • You must not have fallen into risk-associated behaviour over the course of the last three months based on the historical analysis conducted, in response to the request, by the Company on the player's progression, which will at the least relate to Your profile, Your form of participating in games and your conduct not indicating gambling addiction behaviour.

The new limits shall take effect within a maximum term of three days, counted from compliance with the above requirements.

Please note we will not be able to process an increase of the limits, if three months have not elapsed since the last modification of deposit limits.

For further information, please see our Safer Gambling Policy. If you would like guidance aimed at persons (affected or family members) with problems caused by Gaming, please call 900 533 025, a free-phone helpline open around the clock.

3.9

Once an entry into the General Register of Gambling Access Interdictions (Registro General de Interdicciones de Acceso al Juego, 'RGIAJ') of a certain person with an active user account becomes apparent to the Company, We will proceed to suspend their gaming account and inform them of the consequences associated with said suspension, which are as follows:

  1. While the suspension persists, You will be unable to use deposits or to participate in our services.
  2. During the suspension of the gaming account, the user entered in the RGIAJ may request the balance of his or her gaming account to be transferred, including the prizes gained prior to the suspension and prizes won during the suspension of the gaming account resulting from stake participations performed prior to said suspension, without any additional charge. Please contact our Customer Services in order to request said transfer.

Once a person's entry in the RGIAJ is cancelled, we are able to life the gaming-account suspension and to allow participation in stakes, on request.

We will provide You with the opportunity to self exclude, which will entail your gaming account being temporarily suspended, without the possibility to make deposits or to participate. Self-exclusion will take effective within a maximum period of 48 hours once the request has been completed. For further information, visit our Safer Gambling web page.

4. TRUE IDENTITY AND ONE ACCOUNT

Your user Account is personal, non-transferable, for single use and for recreational purposes, and you explicitly state that You will not transfer it to any third party and will not use automated systems, robots, bots nor any other type of similar software tool.

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 or other payment accounts used to deposit or receive monies into Your Account.

To verify Your identity, the Company may request satisfactory proof of identity (including but not limited to copies of a valid passport/identity card and/or any payment cards used) and satisfactory proof of address (including but not limited to a recent utility bill or bank statement) at any time. Failure to supply such documentation may result in suspension of the Account.

Once the data-verification procedure has been finalised, the gaming account will be activated.

However, if a period of one month elapses from the request being registered without the data having been verified, either in the Identity Verification Service for participants of the DGOJ, or in any other identity verification service, it will be cancelled. Users whose identity has not been validated in the Identity Verification Service of DGOJ participants, nor in any other identity verification service, may not play, nor make deposits or withdrawals.

Users correctly identified by means of the identity verification system and who are awaiting documentary verification may make deposits, up to a joint limit of EUR 150 and participate in games, although they are not permitted to withdraw prizes, whatever the sum or nature. Only users correctly identified through documentary verification may therefore make deposits, participate in games and make withdrawals.

The following documents will be deemed valid for the purposes of documentary verification:

  • For natural persons of Spanish nationality, the National Identity Document.
  • For natural persons of foreign nationality, the Residence Card, Foreigner Identity Card, Passport or, in the case of citizens of the European Union or the European Economic Area, the official personal identity card issued by the authorities of the country of origin. Another valid means of identifying foreigners will be the identify document issued by the Ministry of Foreign Affairs and Cooperation for the staff of diplomatic and consular missions of third countries in Spain.
  • As an exception, the Company may accept other personal identity documents issued by a government authority, provided that bear suitable guarantees of authenticity and include a photograph of the holder.

You may not hold more than one (1) Account in connection with Your use of the Platforms. If You have more than one (1) Account or Accounts in different names You must contact Us immediately to have Your Accounts managed so that You only have one (1) Account. Moreover, you may only access the Platforms and user the services through your own account, and may never do so though the account of another person. If any user attempts to open more than one account, either in their own name or in the name of a third party, or if they attempt to use the services through the account of another person, We may close their account immediately, withhold the winnings and bonuses of said accounts, and prevent our services being used in the future. We reserve the right to close Your Account(s) if You open multiple Accounts. Should We have reasonable grounds to believe that multiple Accounts have been opened with the intention to defraud the company, We reserve the right to cancel any transaction related to said fraud attempt.

If You have lost Your Account name / User ID or password, please contact Us for a replacement.

5. NO GROUP EMPLOYEES, AFFILIATES, BOOKMAKERS, SPORTS PARTICIPANTS OR PROHIBITED PERSONS

The following person are not permitted to participate in our Sportsbook Services and gaming services (hereinafter, 'unauthorised person'):

  1. Minors and those incapacitated legally or by court ruling, in accordance with the provisions of civil law;
  2. Persons who have voluntarily requested to be denied access to gambling, or who have been banned from doing so by court ruling;
  3. Shareholders, owners, stockholders or significant title holders of the gaming operator, its management staff and employees directly involved in developing the games (such as managers, directors, employees, consultants and agents of Entain PLC or one of its direct or indirect subsidiaries [the 'Group'], likewise including any provider or distributor of the Group), as well as their spouses or persons cohabiting with them, first-degree ascendants or descendants (parents, children, brothers or sisters), in games that they manage or operate, independently from participation in games on the part of any of the above that comes about directly or indirectly by means of natural or legal third-party persons.
  4. Sportspersons, trainers or other direct participants in the event or sports activity concerning which the wager is made;
  5. The directors of participating or organising sports bodies concerning the event or sports activity concerning which the wager is made;
  6. Judges or umpires exercising their duties at the event or sports activity concerning which the wager is made, as well as persons resolving appeals against the decisions made by those persons;
  7. The President, the board members and directors of the DGOJ, as well as their spouses or persons cohabiting with them, first-degree ascendants and descendants, and any staff of the DGOJ assigned any inspection and monitoring duties concerning gambling;
  8. Any other persons who might establish a standard.

No unauthorised person may therefore open an account on Our website nor directly or indirectly use out services for any purpose other than the obligations they might have as an employee of the Group, where appropriate.

6. YOUR USE OF THE SERVICES

6.1

The Company may suspend, modify, remove and/or add to any of the products offers on Our Platforms, whether or not through a decision on managing and operating its activities (such as disabling old games and enabling new games), with immediate effect and in general.

Overall, the Company may suspend, modify, remove and/or add any of the products offered on Our Platforms, by multiple reasons, such as misuse in using bonuses, behaviour contrary to good faith, and the fair and equitable development within a particular game.

6.2

The Company may also suspend, modify, remove and/or add any of the products or establish one-time limitations as part of the Safer Gambling Policy and the integrity of services, with the Law prohibiting fraudulent, unfair or malicious practices when using the service. For further information, please read our Policy on illegal advantage that accompanies these general provisions, and our Anti-Cheating Policy in Section 29.4. If any customer is found to be participating in any form of collusion or other activities that We consider to constitute cheating, his or her account may be permanently closed and any balance may be blocked or retained as per section 17 of these Terms and Conditions, with the DGOJ being notified.

With a view to guaranteeing a fair gaming on Our Platforms, using any technique or mechanism in order to attempt to cheat Our systems and settings is strictly prohibited. If the game in Your account indicates that You are using said techniques, We will block your account immediately and withhold the existing founds in this, according to applicable regulations. It is prohibited to use any software program that is equipped with artificial intelligence ('AI software') in connection with using the services. In the event we believe that any AI software has been used, We may undertake any action we deem necessary, including immediately blocking the offending user's access to the services, closing said user's account and withholding any balance accumulated in this, notifying the DGOJ of all of this.

Intentionally disconnecting from a game while You are playing on Platforms is also prohibited. If the Company has sufficient evidence to suspect that You were violating this clause, the Company may immediately cancel your access to the services and/or block your account. If Your account is cancelled or blocked in circumstances such as these, the Company may recover the sum of any affected payment, bonus or winnings from your account. In addition to cancelling Your access to the services, the Company may prevent You from accessing its Platforms or servers, as well as any other service it provides.

6.3

We forbid the posting of any prohibited Third Party Content (as that term is hereinafter defined) on Our Platforms. Please read Our Third Party Content Policy which is incorporated in this contract for further details.

6.4

In the event that We detect or suspect improper use of the services and the Platforms, we may suspend Your use of certain services, Platforms or of any game on our Platforms. In the event that the mechanisms and protocols established by the Company detect risk behaviour, in view of the volume, the frequency and the variability of participations, deposits or by means of any other quantitative or qualitative element, We will provide you with our opinion by e-mail and We will establish the appropriate corrective measures.

6.5

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

6.6

For the purpose of any reference to time in connection with Your use of the Services, We use the time zone GMT+1 unless otherwise specified.

6.7

Your use of the Services is for Your personal use only. You may not use the Services for any commercial purpose.

7. COPYRIGHT AND TRADEMARKS

The brands PartyPoker, bwin, PartyCasino and any other brands used by the Group are trademarks, service marks and/or trade names of the Group or one of its subsidiaries or associated companies or its licensors. Further, any other material used by the Group, including but not limited to the software, images, pictures, graphics, photographs, animations, videos, music, audio, text (and any intellectual property rights in and to any of the same) is owned by the Group or one of its subsidiaries or associated group companies and/or licensors and is protected by copyright and/or other intellectual property rights. You obtain no rights in such copyright material or trade or service marks and must not use them without the Group's written permission.

8. ELECTRONIC SERVICES PROVIDER

In order to use the Services, You will be required to make cash deposits with us, and if necessary funds will be transferred to you. We may use third-party electronic payment processors and/or financial institutions ('ESPs') to process such financial transactions. You irrevocably authorise Us, as necessary, to instruct such ESPs to handle Account deposits and withdrawals from Your Account, and You irrevocably agree that We may give such instructions on Your behalf in accordance with Your requests as submitted using the relevant feature on Our Platforms. You agree to be bound by the terms and conditions of use of each applicable ESP. In the event of conflict between these provisions and the ESP's terms and conditions these Agreements shall prevail.

9. BONUSES (FREE OF COST)

We may from time to time offer You complimentary or bonus amounts to be credited by Us into Your Account ('Bonus(es)'). Such Bonuses may only be used in relation to such Services as may be specified when the Bonus is offered to You. Acceptance of any Bonus shall be in accordance with additional terms and conditions We may make available to You in respect of each such Bonus offering and, if none, then in accordance with the Standard Promotional Terms and Conditions and bonus release restrictions contained in the relevant offer. Offers may be used only ONCE unless otherwise specified. You are not entitled to withdraw any Bonus amounts and You may not remove any cash obtained via a Bonus from Your Account without first complying with the applicable terms including, without limitation, those in respect of any qualifiers or restrictions. The Company may cancel any promotion, Bonus or special offer at any time, although in always respecting the rights acquired by players. The Bonuses may be used in selected games only.

A user account consists of 'Available Balance' and 'Restricted Balance'. The Restricted Balance is the total of the bonus funds that have not yet met the applicable betting requirements and any deposit or winning associated with said bonus funds, depending on the type of Bonus. The Available Balance consists of those funds that You have deposited and any winning derived from said funds, as well as any bonus fund that has met the applicable betting requirements. The Available Balance can be: (i) used in any game to which it applies; or (ii) withdrawn once the prior identification verification process has been completed.

Bear in mind that it is possible that your deposit does not reach Your user account immediately, and that a number of days might elapse before said deposit can be processed by Your payment processor and appear in your user account. Until that time, said deposit cannot be deemed Available Balance. Bonuses subject to the betting requirements will require You to place bets for a determined value so as to be able to withdraw bonus funds and any winning associated with those funds.

In the event that the Company has sufficient evidence to believe that a user of the services is using a Bonus or promotion improperly or intending to use one improperly, or might profit through the improper use or lack of good faith from a gaming policy adopted by the Company, the latter may – at its discretion – refuse, withhold or withdraw any Bonus or promotion from said user, or cancel any condition of use concerning him or her, whether temporarily or permanently, and to terminate the user's access to the services and/or block the account of said user, or dissolve the gaming contract.

You may request the cancellation of a Bonus from your account, although be aware that this cancellation might include any winning obtained from said Bonus.

10. CASH OUTS

10.1

As mentioned above, Your account balance is the amount of real money held in Your user Account (if any), plus any winnings derived from funds You have deposited, less any rakes or entry or other fees, if applicable, and less any amounts previously withdrawn by You or amounts forfeited or reclaimed by Us due to any suspected fraud act or due to deposits or other transactions rejected or cancelled by Your bank or any other 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 general provisions.

10.2

Acceptance of a cash out request from the Available Balance is subject to You having made a real-money deposit in Your Account, any deposit method restrictions, bonus restrictions and/or Security Reviews (see Section 16 below) and any other terms of these general provisions. For further details of current deposit and cash out options, and the fees that there are, please see the Cashier.

Prior to the cash out from the Available Balance, Your identity must be duly verified as set out in Section 4 of this contract. To do so, You must provide information and accurate and precise data such as Your first and last names; identity document and number of said document, such as: tax identification number (NIF), national identity number (DNI), foreigner identification number (NIE); nationality, date of birth, address, e-mail, as well as any documentation applicable and relevant for confirming said information provided by the player.

10.3

The Company may report Your transactions, and withhold any sum of Your winnings in order to comply with applicable legislation. You will be responsible for paying any tax relating to the winnings gained. The Account balance cannot be transferred or replaced, or redeemed for another prize. The cash out of any balance You that you request shall be carried out by the same payment method that You used for performing a deposit or by another payment method agreed by both parties, provided that this allows traceability, is not anonymous and it is in Your name.

Whenever we operate a Closed Loop System in order to process cash out requests so as to safeguard our customers and others from card theft and fraud, Your card might occasionally be transferred to other payment methods if the funds are returned to the payments methods used for depositing, as specified in the example below. We may process the cash outs and cash these to the payment methods that You used in order to perform said deposits, up until the total amount deposited, prior to other cash out options being enabled.

When You request a cash out, if this is possible, this will be automatically carried out by means of the payment methods used beforehand, up until the total amount of said deposits. For instance:

  1. On Monday you deposit €50 using Skrill;
  2. On Tuesday you deposit €50 using PayPal;
  3. On Wednesday you deposit €50 using Skrill;
  4. On Thursday you deposit €50 using a Visa debit card;
  5. On Friday you deposit €50 Neteller.

From Monday to Friday the Balance of Deposits made by the player will be €250:

  • 100 with Skrill;
  • 50 with PayPal;
  • 50 with Visa debit card;
  • 50 with Neteller.

On Saturday You request a cash out of €450.

The first €250 of your cash out will be paid as follows:

  • €100 will be paid to the Skrill account(s);
  • €50 will be paid to the PayPal account;
  • €50 will be paid to the Visa debit card account;
  • €50 will be paid to the Neteller account;

The cash out amount outstanding or the sum of €200 (i.e. the amount exceeding your Deposits Balance) will be paid according to the payment method(s) you have selected.

10.4

All cash outs are subject to Our cash withdrawal procedures as follows: All cash out requests are assessed by our in-house review team, and must be approved by them in order for any amount to be paid out. This in-house review process might last up to 24 hours, and may be subject to a security review as described in Section 16 of these general provisions. From then onwards, there might be an additional waiting time until the money is received in the corresponding bank account, depending on the payment method used and the processing time of the corresponding bank or third parties involved in processing payments.

Please bear in mind that the status of your cash out request might appear in your user Account as 'in process' or 'being processed' even when the internal review process has been concluded satisfactorily. Said status may be updated and presented in your user Account as 'processed' or 'completed' once the corresponding bank has satisfactorily delivered the funds requested for your cash out into the corresponding bank account.

Cash outs requested with a difference of under 8 (eight) hours may be consolidated and treated as a single request. The above will be taken into consideration prior to processing the payment according to the limit of the option selected.

The Company may process cash outs with the same payment method(s) used for performing the deposit up until the total amount paid in (provided this/these allow traceability and are not anonymous, while other options are not enabled). The payment method(s) will be chosen at Our sole discretion and might include, although by no means exhaustively, credit or debit cards.

10.5

All payments made by bank transfer in EUR within the SEPA (Single Euro Payments Area) region will be processed in accordance with the SEPA criteria. This means that both the remitter and the receiver will be charged regular domestic fees for the transaction by their respective banks, even if the transfer takes place between two different countries within the SEPA region.

10.6

Every user of the Services bears full responsibility to pay any sum owed to the Company. You accept that You shall not carry out nor attempt to carry out any cancellation of charges, nor decline nor cancel any payment carried out, and shall refund to the Company any cancellation charge or payment that you have denied or cancelled, or for any loss that the Company might suffer as a consequence of this. At its discretion, the Company may cease to offer Services or withhold payments to users who use certain credit cards to carry out their payments, according to applicable regulations.

The Company may user electronic payment processors of third parties and/or financial institutions for processing payment made by You or for You relating to using the Services. Provided there are not conflicts with the terms of this contract, You accept to be governed by the terms and conditions of such third parties, electronic payment processors or financial institutions.

If the existence of any fraudulent payment is suspected or if this occurs, including the use of stolen credit cards or any other fraudulent activity (including cancellation of the debit or any other type of payment denied), we will proceed to blocking the user Account, to reverse any payment and to receiver any amount that said user might have won the game. The Company will notify the relevant authority or body (including credit reference agencies) of any fraudulent payment or other illegal activity.

Nevertheless, the Company can under no circumstance be held liable for any unauthorised use of credit or debit cards that have been used that way or not reported or stolen.

All deposits assigned to Your Account must be performed through a single payment source, such as a credit or debit card, on which You are named as the account holder.

11. INACTIVE ACCOUNT FEES AND ABANDONMENT OF ACCOUNTS

11.1

If You do not access Your Account using Your Account name / User ID and password and either (i) place a 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, or (iv) not make a deposit as applicable, for any consecutive period of 24 months, then after this period (the 'Grace Period') Your Account (and any related account with any ESP) will be deemed 'Inactive', and we may suspend Your account.

11.2

Once Your Account has been deemed Inactive, We will be entitled to charge You an administrative fee (the 'Inactive Account Fee'). We may deduct an amount up to the Inactive Account Fee amount from Your Account Balance on the day following the end of the Grace Period and then every thirty (30) days thereafter in accordance with the provisions in relation to the fees applicable for each inactive account, without the balance being negative. In any event, we will notify You with sufficient notice of the alternatives in order to avoid that charge. We will also remove any unused Freeroll entry tournament monies from Your Account, including but not limited to occasions where the tournament for which the Freeroll entry applies is no longer valid.

Once a period of four (4) years – forty-eight (48) months – has passed since Your Account being suspended, in order to safeguard the deposit, we will withhold any amount that there might be in Your Account, and close this. You may contact Us to reclaim any such withheld monies at any time. You can also reactivate Your Account at any moment within the aforementioned forty-eight (48) months by taking any of the actions set out in 11.1 above.

We will stop deducting the Inactive Account Fee from Your Account Balance if Your Account is re-activated by entering a tournament, or making a cash bet or wager, or by playing a raked hand, by making a deposit or upon closure of Your Account in accordance with 11.1 above.

12. THIRD PARTY CONTENT

12.1

As part of using the Services, the Company might offer You a chat service through which You may communicate with the Company's Customer Service agents or with other users of the Services. Abusive or offensive language will not be tolerated on Our chat boards, or otherwise by You on the Platforms or with Group staff. In addition, You are not entitled to make untrue and/or malicious and/or damaging comments with regard to the Group's operation in any media or forum. Moreover, You are not permitted to make explicitly sexual or seriously offensive comments, including expressions of intolerance, racism, hate or blasphemy, and You may not make inappropriate, defamatory, harassing, bullying or insulting comments.

Failure to comply with any of the provisions above will mean the Company may cancel use of the char or even to cancel Your Account, temporarily or permanently. In that case, the Company will reimburse the funds that You might have in Your Account after deducting any sum that You might owe to the Company at that time.

12.2

In accordance with the terms of Our Third Party Content Policy, We may reject or delete any text, files, images, photos, video, sounds, or any other materials ('Third Party Content') posted by You on the Platforms which in Our sole opinion breaches the terms of these general provisions.

12.3

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

12.4

Please bear in mind that when using the chat service with other users of the Services, any personal information that You provide might be read, gathered and/or used by other members of the same char service. The Company cannot be held responsible for the identifiable personal information You chose to share with other users when using the char service.

13. DISCLOSURE OF ACCOUNT NAME / USER ID AND PASSWORD

The Account name / User ID and password selected when You apply for membership should not be disclosed to any third party. You are solely responsible for the security of Your Account name / User ID and password.

You agree to keep Your Account name / User ID and password secret and confidential and not to allow anyone else to use it (even family members). Every person who identifies themselves by entering a correct Account name / User ID and password is assumed by Us to be the rightful Account holder and all transactions where the Account name / User ID and password have been entered correctly will be regarded as valid. In no event will We be liable for any loss You suffer as a result of any unauthorised use or misuse of Your login details.

You must notify us immediately if You suspect that a third party is misusing Your Account and/or accessing your Account name / User ID, so that we can investigate this matter, and You must provide the cooperation we require during the course of said investigation. We cannot be held liable for any loss You suffer as a result of any unauthorised use or misuse of Your login details.

We shall not be required to maintain Account names / User IDs or passwords If You have lost Your Account name / User ID, password or any log-in details, please contact Us for a replacement. If You wrongly introduce, forget, or lose Your Account name / User ID, password or other log-in details as a result of anything other than Our error, the Company shall not be deemed liable.

You likewise assume responsibility for your Account being hacked or the combination of your Account name / User ID and password, due to viruses or malware present on the computer with which You access Your account. You must notify the Company immediately of any possible attempt to hack or security breaches occurring on Your computer. The Company cannot be held liable for any loss You suffer as a result of any unauthorised or incorrect use of Your computer.

14. FRAUDULENT ACTIVITIES, PROHIBITED TRANSACTIONS AND FAILED DEPOSITS

We have a zero-tolerance policy towards inappropriate play and fraudulent activity. Should it come to Our attention that You have cheated or attempted to defraud Us and/or the Group or any other user of any of the Services in any way, (including but not limited to game manipulation or payment fraud, manipulation of the multi-currency facilities, chip dumping, betting on all possible outcomes of a game or event, or any other conduct described in these general terms & conditions or in the specific rules of the various types of game) or if We suspect You of fraudulent payment, including use of stolen credit cards, or any other fraudulent activity (including but not limited to any chargeback or other reversal of a payment) or prohibited transaction (including but not limited to money laundering) or if Your deposits failed to be honoured by Your bank for any reason, We reserve the right to suspend and/or close Your Account and recover bad debts using whichever method may lawfully be available to Us including, but not limited to, (i) debiting the amount owed by You from Your Account; and (ii) instructing third party collections agencies to collect the debt. This may have a detrimental impact on Your credit rating and will require Us to share Your personal information (including Your identity) with appropriate agencies and to report any criminal or suspicious activities to the appropriate authorities.

You must therefore state that the origins of the funds You use for participating in the Services on the Platforms is not illegal, and that under no circumstance will You use the Services as a money-transfer system. You must not use the Services for any illegal or fraudulent activity, or transactions (including money laundering) prohibited by the law of any jurisdiction applicable in Your case (Spanish legislation in particular).

The Company may cancel and withhold any winning gained by a person or group of persons, as well as cancel or retain the player points of a person or group of person, should We have reasonable grounds to believe that said person or group of persons are acting or have acted in order to commit fraud or in any way to harm the Group and/or Us and/or the Services and/or the Platforms.

In the interests of data protection, security and avoidance of fraud We do not permit use of any communication channels included within the Services and/or the Platforms (including but not limited to dealer table chat boards) to offer or promote any offers, products and services (whether Yours or a third party's). You are expressly prohibited from posting information or contacting Our customers to offer or promote any offers, products or services, both in Your name and that of third parties. With regard to the Sportsbook Services, in the event that We suspect there has been any match rigging, price rigging or other event manipulation, We reserve the right, in Our sole discretion, to (i) suspend the offering of any event or series of events in any of our markets; and (ii) delay and/or withhold payment on any event or series of events in any of our markets until the integrity of such event or series of events has been confirmed by the relevant sports federation.

In the event that the appropriate sports-governing bodies confirm that active event manipulation has taken place on any event or series of events, We reserve the right, in our absolute discretion, to suspend any bets placed on such events, either by any individual identified as having possessed insider betting knowledge or information or by any other individual who in Our reasonable opinion is connected to, acting in conjunction with or in any way involved with the person or persons responsible for such manipulation.

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 pay-out, or any currency conversion as applicable ('Error'), We will seek to place all parties directly affected by such Error in the position they were in before the Error occurred. We reserve the right to declare null and void any wagers or bets that were the subject of such Error, and to take any money from Your Account relating to the relevant bets or wagers; if there are insufficient funds in Your Account, We may demand that You pay Us the relevant outstanding amount relating to these bets or wagers.

In all circumstances whereby We (in Our sole discretion) determine an Error has been used to gain an unfair advantage, We reserve the right to consider this activity to be subject to Section 17 (Forfeiture & Account Closure) of these Terms and Conditions.

16. SECURITY REVIEW

To maintain a high level of security and integrity in the system, We reserve the right to conduct a security review at any time to validate Your identity, age, the registration data provided by You, to verify Your use of the Services, including but not limited to Your compliance with these general provisions and the policies of the Group and Your financial transactions carried out via the Services for potential breach of these general provisions and of applicable law (a 'Security Review'). As such, You authorise Us and Our agents to make any inquiries relating to Your data and to use and disclose this to any third party We consider necessary to validate the information You provide to Us or should provide to Us or should provide to us in accordance with these general provisions, including but not limited to validating your identity-verification systems mentioned in Section 4 of this contract, requesting creditworthiness reports and/or verifying the information against third party databases. In addition, to facilitate these Security Reviews, You agree to provide such information or documentation as We may request.

17. FORFEITURE & ACCOUNT CLOSURE

17.1

In accordance with the provisions in Article 33.2 of Royal decree 1614/2011, we may provisionally suspend Your Account in the event of suspected fraud, collusion, third-party use of Your Account, use of fraudulent or manipulated documents, or the use of automated systems, robots, bots or any other AI software. In the even that Our suspicion is confirmed, we may terminate this contract, withhold the balance of Your Account and recover from said account the amount of any bonus, winning and cash out, as a result of which You will only be refunded the amount corresponding to the deposits that remain in Your Account, on the condition that this is in accordance with applicable legislation and as stipulated by the competent authorities.

Should these acts as described in the foregoing section be committed, the DGOJ shall be notified.

17.2

Consequently, if indications are ascertained that You are performing and/or are aiming to perform any prohibited use of the Services and/or of the internet Platform and, in general, that You are carrying out and/or aim to carry out any illicit, irregular, dishonest or fraudulent activity, or that in any way contravenes these Terms and Conditions, this will entitle Company to restrict and/or unilaterally to dissolve the contractual relationship with You. By way of illustration although be no means exhaustively, the Company may take such decisions in the following scenarios:

  • Use of your account by third parties.
  • Use of fraudulent or manipulated documentation.
  • Performing wagers making use of automated systems, processes or tools that distort the genuinely random nature of the corresponding bets and Gaming Services; using two or more gaming account; performing wagers once the event concerned has already occurred or knowing the result that is the object of the bet in advance (late bets); acting in bad faith in a recurrent manner and abusing the right to perform Your wagers; or, performing any action with the aim of altering the odds of a bet in a substantial manner, including but not limited to, the use of odds-comparison software or platforms.
  • Intentionally disconnecting from the Platform while You are using the Services or performing a wager.
  • When, as a result of the process implemented by the Company specifically for monitoring possible attempts by registered players in the General Register of Gambling Access Interdictions (Registro General de Interdicciones de Acceso al Juego, 'RGIAJ') to play again by impersonating another player, identity theft is detected. In this case, the detected gaming account will remain suspended until the Company verifies the identity through specific documentary verification.
  • When opening or use of a gaming account by minors or individuals registered in the General Register of Access Interdictions is detected.
  • When a fraudulent use of methods of payment is detected.
  • When any other fraudulent activity is detected.

17.3

In compliance with current legislation regarding player protection and our commitment to creating a safer gambling environment, we have established mechanisms and protocols to proactively detect potentially problematic behaviors related to user gaming. These behaviors may indicate the development of pathological, compulsive, or risky patterns. For this purpose, objective criteria or indicators that reveal patterns of activity will be taken into account, such as volume, frequency, and variability of participation or deposits, without prejudice to other quantitative or qualitative elements that may also be relevant according to the mechanics of the different games or the Company’s experience.

The Company reserves the right to take necessary measures to prevent the development of such behaviors, which may include suspending the user's account. Upon the completion of the suspension period, the user will be notified that their account has been reactivated.

Furthermore, the Company has the right to implement additional measures to address these situations. These measures may include restrictions on the sending of commercial communications, limitations on access to promotional activities, denial of an increase in the deposit limits or internal imposition of limits.

Additionally, if the user's gaming activity falls below certain thresholds at any given time, they will receive a communication notifying them that they are no longer classified as a risky player.

Finally, if there is sufficient evidence to indicate that the user has developed problematic, compulsive, or pathological behaviors related to gaming, the Company reserves the right to terminate the contractual relationship and close the user's account, as outlined in section 18 below.

18. TERMINATION

18.1

You are entitled to close your account and end your contractual relationship, withdrawing the balance from your account, in the case of which you must communicate this to the Company by letter or e-mail or by contacting Customer Services using the contact details in the ‘Contact’ section. If you decide to close your account, you shall continue to bear all of the responsibilities for all of your account activity until its closure.

18.2

Safer gambling is of great importance to us. If you would like us to close your account for safer gambling reasons, send us an e-mail at juego.seguro@partypoker.es and we will do everything we can to close your account as quickly as possible.

18.3

Without prejudice to the provisions of Section 17, and in accordance with the provisions of Article 85.4 of the Royal Legislative Decree 1/2007 of 16 November, approving the revised text of the General Law for the Protection of Consumers and Users and other complementary laws, the Company may unilaterally terminate the contractual relationship with you, without providing reasons, although the Company reserves the right to provide reasons if it sees fit.

The Company must give reasonable notice of seven (7) days of its decision, using the e-mail address you provided, and maintaining the bets you have already arranged at this time.

Consequently, if the Company decides to end the contractual relationship pursuant to this clause, we will refund the Available Balance from your account as soon as possible, after e-mail communication and a period of seven (7) days has elapsed, and after deducting any amount you owe us.

During the notice period of seven (7) days prior to closing the user Account, the Company may establish restrictions or limits on the player's account until reaching the average of the amount or participations and the number of those bets or participations of the week prior to the dissolution of the contractual relationship being communicated.

Unilateral termination of the contract must be notified to the DGOJ in accordance with the application regulations.

18.4

Termination of the contract will not affect any outstanding wagers or bets, provided that any outstanding wagers or bets are valid and are not in breach of these provisions in any way. Once the contract is dissolved and this Agreement is terminated, You must cease using the Platforms and the Services, as well as pay all sums due and owed to the Company.

18.5

The following Sections of these Terms and Conditions shall survive any termination of this contract by either party: 14, 17, 18, 19, 21, 22, 23, 24 and 25, along with any other Section which is required for the purposes of interpretation.

19. COMPENSATION

YOU AGREE THAT YOU WILL ONLY USE THE SERVICES IN ACCORDANCE WITH THE TERMS AND CONDITIONS SET OUT IN THIS CONTRACT. YOU WILL COMPENSATE US IN FULL FOR ANY LOSSES OR COSTS (INCLUDING REASONABLE LEGAL FEES) WHICH WE (OR ANY MEMBER OF OUR GROUP) INCUR ARISING FROM ANY BREACH BY YOU OF THESE PROVISIONS.

You agree to hold entirely harmless, and immediately to defend protect the Company and the Group, executives, directors and employees if they request this, faced with any lawsuit, obligation, claim or damage, loss, costs and expenses, including legal costs and any other charge, that may arise from:

  • any non-compliance with this contract on Your part;
  • any infringement on Your part of any Law or third party's rights;
  • using the Services or the Platforms on Your part or on the part of any other person who accesses the Service or the Platforms using Your Account name / user ID, with or without Your authorisation; or
  • Accepting any illicit winning or one originating from fraud or collusion.

In addition to any other possible resource, if You violate any of the terms and conditions of this contract or if the Company has sufficient evidence to suspect that You have failed to comply with the terms and conditions of said contract, Your winnings may be cancelled, and the Company may void any balance existing in Your Account, according to applicable regulations, with all of this being reported to the DGOJ.

Non-compliance with this contract might give rise to Your Account being closed and/or legal actions being taken against You.

In addition to any other possible resource, if You violate any of the terms and conditions of this Agreement or if the Company has sufficient evidence to suspect that You have failed to comply with the terms and conditions of this Agreement, Your winnings may be cancelled, and the Company may void any balance existing in Your Account, according to applicable regulations, with all of this being reported to the DGOJ.

Non-compliance with this Agreement might give rise to Your Account being closed and/or legal actions being taken against You.

20. SELF-PROHIBITION

20.1 Time-out or Cool-Off periods

partypoker.es customers can take a break from gaming at any time. These breaks can go from 1 week, 1 month or any other period up to 1 year. The request to temporarily block access will be imposed during the Cool-Off period chosen by the player and will be irrevocable. The account will be automatically reactivated following the expiration of the period set.

20.2 Self-prohibition

You can exclude yourself or activate the self-prohibition function with respect to any gambling websites by registering in the General Registry of Gambling Access Interdictions (Registro General de Interdicciones de Acceso al Juego), in the following link: www.sede.ordenacionjuego.gob.es/tramite/login/inicio.jjsp?idConvocatoria=10.

The registration in the General Registry of Gambling Access Interdiction will be for an indefinite period, however you can request a cancellation after 6 months from the date when the registration was made.

20.3 Self-exclusion with us

Self-exclusion involves a joint commitment from the customer and us. We will take reasonable steps to prevent the customer from re-opening their account or opening new accounts. However, during the period of self- exclusion the customer must not attempt to re-open their account nor try to open new accounts. Self-exclusion periods have a minimum duration of 12 months. The maximum length of the self-exclusion can be indefinite.

Please note that during a time-out/cool-off or self-exclusion period, customers will not be able to deposit funds or play. Also, they will be excluded from targeted commercial communication.

To set up a time-out/cool-off period or to self-exclude, please click here.

In addition to self-exclusion, access to gambling sites can be blocked with Gamblock. Parental control software like Cybersitter and NetNanny, can also be used to block access to gambling sites.

20.4

If You have elected to use any of the self-exclusion tools in connection with any of the Platforms provided by any Group company from time to time, You acknowledge and agree that You are not permitted to open or use an Account with any other Group company ('Additional Group Account') during the self-exclusion period You have selected.

20.5

In the event of a breach by You of 20.1 above, We and/or any Group company shall additionally be entitled (but not obliged) to suspend any funds You may deposit (or have previously deposited) in any Additional Group Account.

20.6

For the avoidance of doubt, in the event of a breach by You of 20.1 above, neither We nor any Group company shall be liable to refund to You any funds You may wager in any Additional Group Account during the self-exclusion period You have selected.

20.7 Service Closure

Through this function, the user may opt to suspend the use of specific products (Poker, Sports Betting, Casino or all of the aforementioned).

To use this function, the user must select the products to be closed and the duration and reason for the closure. Users should be aware that they can reverse this decision at any time, and that this function is not a Safer Gambling tool. If you have problematic gaming behaviour, or you would like to apply a pause for a certain period, you are required to register in the General Register of Gaming Access Interdictions, or self-exclude with us. For further information, visit our Safer Gambling page: <https://partypoker.es/en/p/safer-gambling/gambling-controls#selfexclusion_es.

Applying a Service Closure on the user’s account will have the following consequences:

  • You will not be able to play with real money in the products you have opted to close.
  • You will not be able to collect points or take part in promotions for the products you have opted to close.
  • If all of the products are closed, you will not be able to make deposits; however, you will be able to withdraw your available balance.
  • Users should not participate in free-to-play games in products for which they have applied a Service Closure. If a user does participate in free-to-play games in products for which a Service Closure has been applied, and receives a prize or reward, this prize or reward will not be awarded to that user.

21. LIMITATIONS AND EXCLUSIONS

21.1

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 WE SHALL NOT BE LIABLE FOR ANY FAULTS IN YOUR COMPUTER PROGRAMS THAT MIGHT AFFECT THE SERVICES WE MAKE AVAILABLE FROM OUR PLATFORMS, ERRORS AS DESCRIBED IN SECTION 15, BUGS OR COMPUTER VIRUSES RESULTING IN LOST DATA OR ANY OTHER DAMAGE TO YOUR COMPUTER EQUIPMENT, MOBILE PHONE OR MOBILE DEVICE, OR SOFTWARE, UNLESS SAID FAULTS OR ERRORS ARE DIRECTLY ATTRIBUTABLE TO THE COMPANY AND ARE IRREFUTABLY DEMONSTRABLE. FURTHERMORE, WE SHALL NOT BE LIABLE FOR ANY ATTEMPTS BY YOU TO USE THE SERVICES BY METHODS, MEANS OR WAYS NOT INTENDED BY US. WE ARE NOT REQUIRED TO PROVIDE REDUNDANT OR BACKUP NETWORKS AND/OR SYSTEMS, AND ANY ERROR MUST BE REPORTED IMMEDIATELY TO OUR CUSTOMER SERVICES DEPARTMENT.

21.2

WE WILL PROVIDE THE SERVICES WITH PROFESSIONALISM AND CARE, AS DESCRIBED IN THESE GENERAL PROVISIONS. WE DO NOT MAKE ANY OTHER PROMISES OR WARRANTIES ABOUT THE SERVICES.

22. NOTIFICATIONS/NOTICES/COMPLAINTS

If You have any complaints, claims or disputes with regard to any outcome regarding the Services, Your Account or any other activity, You must submit Your complaint to Us in writing as soon as is reasonably practicable after date of the original transaction to which the claim or dispute refers taking place. Any complaints may be submitted by email to: info@partypoker.es You may also submit notifications, notices or complaints in writing to: C/Aribau, n.º 205, 1ªplanta (08021 Barcelona). Any notice or notification the Company sends to You (save as otherwise set out herein) will be sent within one (1) month following the date we receive your complaint to the email address provided by You when You registered Your Account. It is Your responsibility to give Us notice of any changes to this address through the 'Change Email' facility in Our software and to regularly check Your email account for emails from Us.

To the extent that You are not satisfied with Our response You may contact:

  • The dispute resolution service (such as eCOGRA Limited at 2nd Floor, Berkeley Square House, Berkeley Square, London W1J 6BD, United Kingdom); and/or;
  • The DGOJ headquarters at C/ Atocha nº 3, 28071 Madrid, in accordance with the provisions set out in https://www.ordenacionjuego.es/es/reclamaciones.
  • You can also send Your complaint relating to a gaming transaction via the Platform of the European Union's Online Dispute Resolution available at http://ec.europa.eu/consumers/odr/

23. DATA PROTECTION

23.1

You hereby accept that when registering and when using the Services, You must provide Us with certain personal data (including information on payment methods) and documents for verifying your identity. We will handle all information you provide to Us with discretion and not disclose this to third parties, except in the cases stipulated in the Privacy Policy. We ask You to read the Privacy Policy in order to ensure that you accept our policies relating to managing the information provided.

We may share Your personal data with any of Our agents who may only use such data for strictly the same purposes as We shall specify and within the terms of our Privacy Policy. We shall use Your personal data in accordance with the Privacy Policy. Where We enter into a partnership with a third party whereby they carry out certain functions for Us under the brand of a third party, We may share and/or transfer your Personal Information and any other data relating to your use of the Service with such third party. By using the Service and agreeing to our Privacy Policy you hereby give your consent, for the purposes of all and any applicable data protection legislation and associated regulations, for Us to share and/or transfer this information and personal data to such third parties. In accordance with Spanish Law, we are required to keep your personal data and details of the corresponding transaction for a period of ten (10) years.

23.2

You should assume that all use of Our website, and emails, text messages and telephone calls between You and Us will be recorded. These recordings will be Our property and may be used as evidence in the event of any dispute or to improve customer services.

24. GOVERNING LAW

The present general provisions shall be governed by and construed in accordance with the laws of Spain. You irrevocably agree to submit to the exclusive jurisdiction of the courts of Spain for settlement of any disputes or matters arising out of or concerning this contract or its enforceability. You may apply to the court corresponding to Your place of residence. If any section or clause of these provisions is declared to be invalid, illegal or unenforceable in any respect, it will not affect the validity of the remainder of the provisions, which shall remain valid and enforceable according to their terms.

25. TRANSFER

You may not assign, sublicense or otherwise transfer in any manner whatsoever any of Your rights or obligations under these provisions.

26. THIRD PARTY RIGHTS

26.1

Except insofar as these provisions expressly provide that a third party may in their own right enforce a term of these Agreements, a person who is not bound by these Agreements has no right under any local law or regulation to rely upon or require enforcement of any term of these general provisions. However, this does not affect any right or remedy of a third party which exists or is available other than under local law or legislation.

26.2

For the avoidance of doubt, each member of the Group is an intended third-party beneficiary of these Agreements, under the terms allowed by Law.

27. INTEGRITY OF THE CONTRACT, MODIFICATION AND AMENDMENTS

You fully understand and agree to be bound by these general provisions. In the event that these are amended or corrected, You must explicitly accept them, as set out in Section 1 of this Contract. If you do not accept any of the provisions of this Agreement, You must cease using the Platforms and Services immediately. We may alter, amend and update these provisions at any time (including the policies and additional rules), in which case We will notify You of the new terms by e-mail or text message, so that you are able to accept these explicitly prior to them being published on the corresponding page of our Platforms, or at any other location through which You access the Services. If you believe any amendment is unacceptable, the only measure you are able to take will be to terminate your contractual relationship and to close Your Account. You must review these provisions and any amendment to the same whenever You play. These provisions and the documents referred to herein represent the complete, entire and final agreement between You and the Company in relation to these provisions and supersede any and all prior agreements between You and Us.

28. SPORTSBOOK SERVICES

28.1

Every single wager constitutes a separate and individual contract concluded within the scope of the gaming contract, although distinct from this. Consequently, the following terms will apply only to Your use of the Sportsbook Services. Please note that in the event of any conflict between this Section 28 and the remaining Sections of these Terms and Conditions, Section 28 shall prevail to the extent that it applies to Your use of the Sportsbook Services.

28.2 Rules and Procedures of the Sportsbook Services

You must use the Sportsbook Services in accordance with the generally accepted games rules set out in Our Sportsbook Services Rules and any other page that specifically relates to and governs any particular event, game or tournament ('Rules'). We advise You to read all of these Rules carefully.

28.3 Betting Terms

We reserve the right to use symbols (such as 1,X,2) and abbreviations for the indication of betting outcomes. We will at any time maintain a help section on the Sportsbook Services providing information about the betting types and terms used. We advise You to familiarise Yourself with the exact details of any bet before placing it. Any additional information detailed at the top or bottom of events and odds displays forms part of the betting rules for the particular event and in the event of any disparity, shall take precedence over these terms. We advise You to read all of this information carefully.

28.3.1 Limits on Stakes

The Company may limit the maximum amount wagered for each single or multiple bet, whether or not in an overall manner for a certain type of stakes, or individually for a player or group of players.

28.3.2 Limits on Winnings

The maximum aggregate amount that You may win via the Sportsbook Services within any seven (7) day period is EUR 250,000. This maximum shall apply independently of the number of bets placed or pending or the amount wagered or pending and acceptance of Your bet or wager by Us does not constitute an agreement to pay out if Your net win exceeds Our limit on winnings (specified above). It is Your responsibility to be aware that You will not receive any pay-out if Your net win exceeds this limit.

The maximum amount that You may win via the Sportsbook Services on any single bet is EUR 10,000.

28.3.3 Calculation of winnings

In the case of a fixed odds bet, winnings are calculated by multiplying the stake by the fixed odds. In the case of live bets, You accept any changes in odds during the bet placement process. Changes in odds are understood to be those which change between the pick being added to the bet slip and Our acceptance of the bet. In the event that You make more than one bet (including the combination of single and multiple bets) and Your total winnings exceed the limits on winnings set out in 28.3.2 above, We shall be entitled to reduce the state to the extent necessary to comply with the limits on winnings.

28.3.4 Accuracy of Bets and Results

In order to ensure the highest accuracy of all bets and results, we calculate Your Account funds using four decimal points. For technical reasons, Your Account balance can only be displayed to two decimal points, which may from time-to-time lead to discrepancies when a value with four decimal points is rounded off to a value with two decimal points.

28.4 Acceptance and Validation of Terms

28.4.1

Bets must be made via the Sportsbook Services.

28.4.2

A bet is deemed to be valid following confirmation of acceptance from Our remote servers. This acceptance is demonstrated by the bet's transaction code that will appear on screen. When a bet is placed and accepted, the corresponding amount is charged against Your Account. Once accepted, bets cannot be cancelled or amended in any way.

28.4.3

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') If, during the period of acceptance of bets, information becomes known through which the outcome of an Event can be determined, We may vary the deadline for acceptance of bets or to void any bets placed.

28.4.4

The Company may void any bet, including but not limited to any bet which may be inadvertently accepted, when Your Account does not have sufficient funds to cover the amount of the bet placed prior to the Event taking place. Subject to the foregoing, if Your Account balance partly covers a stake for a bet, We reserve the right to accept Your bet with a stake equal to the sum of Your Account balance. We also reserve the right to take any measures necessary to protect You from further losses should you lose EUR 5,000 (or its equivalent) or more in any four (4) week period.

28.4.5

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, event that this is open in the case of a pre-match book error, unless the betting offer is clearly intended to be available after the start of the Event (such as live betting or outright winners), and said betting offer is explicitly referred to as open for bets after the event has commenced.

28.4.6

If, in the case of ‘live’ betting, delayed television coverage or data transmission results in a bet being placed at the incorrect price immediately after the selected participant or team has gained a significant advantage, We shall subsequently cancel all of the bets made and reimburse the funds bet to all of the players.

28.4.7

If an Event is cancelled and deemed void, the respective odds shall be 1 without decimal points (1). 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.

28.4.8

Multiple bets are not accepted where the outcome of one part of the bet contributes to the outcome of another.

28.4.9

The Company may refuse in whole or in part any bet and all ambiguous bets shall be void.

28.4.10

The Company may suspend, modify, remove and/or add any Sports Service at Our absolute discretion with immediate effect, and no liability whatsoever shall be derived from any such action.

28.5 Professional players

The Company may limit or block any User’s bet or amount they can bet if it detects in that their game operations or methods have a professional profile. This includes – but is not limited to – cases in which participants place bets in events with little or no tradition in Spain, when they are located in a place that is remote with respect to Spain, when bets are placed on sports that have no connection with each other, as well as when the number of bets placed daily is considerably higher than the average of all players or the bets are for an amount that is higher than the average of other players, if the use of ‘bots’ or other similar devices or automated artificial intelligence systems is detected, and ultimately when the User’s gaming pattern or method of operating shows that that player is not participating for recreational ends, but, rather, is a professional player.

29. GAMING SERVICES

29.1

The following terms apply only to Your use of the Gaming Services. Please note that in the event of any conflict between this Section 29 and the remaining Sections of these Terms and Conditions, this Section 29 shall prevail to the extent that it applies to Your use of the Gaming Services.

29.2 Play Money and Real Money Games

By registering for the Gaming Services, You will be able to access (through the Software (as defined below)) both 'play money' games and tournaments ('Play Money Games' or 'Play for Free Games' respectively) and 'real money' games and tournaments ('Real Money Games' or 'Play for Real Money Games' respectively), via the Gaming Services. No purchase is necessary or required to play the Play Money Games, save in respect to any cost You may incur to access the Gaming Services, charged by Your Internet service provider or telecommunications provider, and You may play the Play Money Games without betting money. We may suspend, modify, remove and/or add any Gaming Service in Our sole discretion with immediate effect and We will not be liable for any such action.

29.3 Rules and Procedures of the Gaming Services

You must use the Gaming Services in accordance with the generally accepted game rules set out in the Game Rules section, and the procedures relevant to the Gaming Service You are using specifically set out in the Games section of the PartyPoker, bwin and PartyCasino, including but not limited to the Promotions section, Tournaments section, Rules section, How to Play, Poker Etiquette section and any other page that specifically relates to and governs any particular event, game or tournament ('Rules').

29.4 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 that are designed to enable artificial intelligence to play on Our Platforms, including but not limited to opponent-profiling, cheating software or anything else that We deem that enables You to have an unfair advantage over other players not using such programs or systems ('AI Software'). You acknowledge and accept that We will take measures to detect and prevent the use of such programs and AI Software using methods (including but not limited to reading the list of currently running programs on a player's computer) and You agree not to use any AI Software and/or any such programs. Go to Our Unfair Advantage Policy.

If there is a reasonable suspicion that a player is involved in one of the practices described in the present Clause 29.4, or in any other practice that could be considered unlawful or fraudulent, their account will be blocked whilst the appropriate investigation is conducted. During this time, any existing funds will be retained. If, once the investigation has been concluded, no evidence is found of any irregularities, the account will be unblocked and the corresponding funds will be freed and placed at the player’s disposal. However, if evidence is found of non-compliance with the provisions of the present section 29.4, and in the case of fraud on the player’s part that affects other users, the account will be closed and the existing balance will be blocked and distributed among the players who may have been affected by the said fraudulent activity. If, when making use of the Services, a player becomes the victim of another player’s cheating, the Company will solely be liable for refunding any amounts that the affected player lost as a consequence of the cheating, as long as the Company can locate the account from which such unlawful or fraudulent conduct occurred and is able, where applicable, to access the funds in question. If more than one player is affected by unlawful or fraudulent practices from another account, and the Company can locate that account, the funds that are found in the same will be distributed pro rata between the players affected, in accordance with the losses that may have occurred.

Our software can fulfil all or each of the functions as described below to detect the use of unlawful programs, and to guarantee that a secure environment is maintained for players, in which no unlawful or fraudulent conduct occurs: (1) scan the list of software applications players have active whilst using the Services; (2) scan the list of processes players have active whilst using the Services; (3) scan players’ files in the installations and program files relating to the website to be certain that only the original (not ‘pirated’) versions of Our software are used. If in one of the aforementioned processes the use of a suspicious application or process is detected, Our software can scan the files associated with the suspicious application or process and compile data on any composite mesh (i.e. a profile that characterises the files associated with the application or process) to compare them with program profiles known to be unlawful. Our software will not conduct thorough ad-hoc searches on your hard drive, equipment or files, and the Company or a third party will not be transmitted any information other than what is strictly necessary to identify the use of unlawful automated programs as described hereinabove. Our software will not modify any file or information on your computer or other device and will not interfere in the operation of any of your applications. You may stop the use of Our software at any time by uninstalling Our software package. We conduct the process referred to under legitimate interest with a view to our objective of providing a safe and fair game platform for all Our players. You may consult our Privacy Policy using the link (here).

29.4.1 Collusion and cheating

Gaining an advantage over other players is strictly prohibited, including – but not limited to – sharing information on a hand of cards with another player on the same table, sharing information that isn’t available to another player, creating a coordinated strategy with another player and accepting prize-sharing in a game, tournament or promotion in any of Our game offers. If You suspect that other players have colluded or cheated on a game table, you may inform us by e-mail, containing all the details available on the incident, to gameintegrity@partypoker.es. If there is evidence that determines You have breached the present Clause 29.4.2, Your account will be suspended, which may imply its closure, as well as the retention of any balance on the account.

29.4.2 Third-party tools

The use of the tools described in section 29.4.2.1 is strictly prohibited when using our Services. If there is evidence that determines You have breached one of the sections included in the present Clause 29.4.2, your account will be suspended, which may imply its closure, as well as the retention of any balance on the account.

29.4.2.1 Prohibited third-party tools

  • The use of any tool that has the aim of obtaining one of the following functions or results is under all circumstances prohibited: any tool designed to circumvent our restrictions on downloadable hand histories.
  • Any tool that plays without human intervention (a 'bot’).
  • Any tool that makes decisions for the player or provides guidance, thereby reducing the human or chance element inherent to the game (‘assistance software’).
  • Any tool that automates the process of joining a specific table or game based on a defined set of criteria, such as player statistics or notes (‘seating script’).
  • Any virtual software or machine tool that allows screen-sharing and remote access.

29.4.2.2 Permitted third-party tools

By analysing card hand or game histories, players can find out patterns, strengths and weaknesses in their game (and that of their opponents), and determine areas for improvement. The Company can provide complete statistics on card hand or game histories stored in our software.

Programs that add hand histories to profile a player’s own game and/or the game of the opponents in the same poker table are permitted. Those programs include PokerTracker, Hold’em Manager and Hand2Note.

29.4.3 Chip dumping

Chip dumping occurs when players intentionally lose a hand in order to deliberately transfer their chips to another player. The account of any player who is reasonably suspected of participating or attempting to participate in chip dumping with any other player whilst using the Services will be suspended, and the suspension will be maintained whilst the corresponding in-depth investigation is conducted and the competent authorities are notified. If the Company has any evidence of intentional chip dumping practices, the player will be prohibited from using the Company’s Services, and the account will be permanently closed, with the ensuing retention of the existing balance in the accounts of the players involved in the said chip dumping. If You suspect that a player is participating in chip dumping practices, please contact us by e-mail on gameintegrity@partypoker.es

29.4.4 Abuse of the Big Blind

When starting to play heads up, the player who is on the button must play the same amount of small blinds and big blinds. The player who is on the button in the first hand must finish the game on a hand in which the opponent is on the button.

29.4.5 Queueing

Queueing is when a player – or group of players – intentionally tries to alter or avoid specific opponents in games where registration is ‘blind’. Namely, where you shouldn’t be able to choose your opponents.

If there is evidence that a player has intentionally manipulated Our registration process, this shall be deemed a breach of the present Contract, and that account will be suspended, which may imply its closure as well as the retention of any balance on the account.

29.4.7 Fast-forward buy-in obligations

‘Ratholing’ or ‘Going South’ are common terms to refer to when a player removes a portion of their chips to reduce their stake in a game. This occurs when players stand up from the ‘fast-forward’ pool and immediately sit back down using a buy-in less than what they previously had on the table.

Players may not stand up from the fast-forward pool and immediately re-join with a stake less than the amount they previously had in the pool. To re-join with a lesser stake, at least 40 minutes must have passed for this to be deemed a new playing session.

Accounts found to be systematically abusing this feature will be given a warning, and persistent behaviour may result in further sanctions being placed against the holder of the account, which may imply its closure as well as the retention of any balance on the account.

29.5 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 provisions, and further, that such installation and use is made through a computer or other device of which You are the primary user. The Software's structure, organisation and code are the valuable trade secrets of the Group and/or its associated companies and/or its licensors. You obtain no rights to the Software except to use it in accordance with these provisions. Save as expressly permitted by law, You are strictly prohibited from, and agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software or any part of it or to create, publish or distribute derivative works from the Software. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by any applicable laws, restrictions or regulations.

29.6 Shared Games, Table and Database Platform

We reserve the right, but are not obliged, to run and utilise a shared table, server and database platform or system ('Shared Game/Table Platform') which enables Gaming Service users to play with players coming into the games, tables and tournaments from other websites and brands operating on the same Shared Game/Table Platform. If a Shared Game/Table Platform is used, You agree that You may be pooled into these common games/tables, at Our sole discretion, and that to the extent that You breach the terms and conditions of one site or brand that operates on the Shared Game/Table Platform, We may have You blocked, in part or full, from the entire system so that You may not play through any site or brand using or on the Shared Game/Table Platform Without limitation to the restriction on having multiple Accounts with Us (please see Section 4), We may require that You only have one Account on the Shared Game/Table Platform if the same is used.

29.7 Play Money and Real Money Account Funding

'Play money' funds have no value and are kept separate from 'real money' funds. They are not transferable to a 'real money' account nor are they redeemable for any currency. We do not promise to accurately record the number of play money chips held by You and Your play money chips may be lost at any time. Further, We reserve the right to set a maximum chip limit for play money Accounts.

29.8 Settlement of In-Game Disputes

You fully accept and agree that random number generator ('RNG') software will determine the shuffling and dealing of cards and other randomly generated events required in the Gaming Services. If there is a discrepancy between the result showing on the Software (as installed and operated on Your hardware) and Our server, the result showing on Our server shall govern the result. Moreover, You understand and agree that (without prejudice to Your other rights and remedies) Our records shall be the final authority in determining the terms of Your use of the Gaming Services, the activity resulting therefrom and the circumstances in which such activity occurred.

29.9 Real Money Game and Tournament Currency

Where a Real Money Game or tournament is only available in a currency which is different from Your Account Currency You may in some cases be given the option to buy-in to the same in the currency of the relevant game/tournament. Such buy-in (together with any winnings) will be subject to the terms and Exchange Rates offered by Us at the relevant time. Please see Currency Converter and Frequently Asked Questions for further details. In all other cases You will only be permitted to place bets and wagers in Your Account currency.

30. MEMBERSHIP OF OUR VIP PROGRAMME

We may offer, withdraw, revoke and/or amend the terms of any membership of Our VIP programme at any time. For the avoidance of doubt, membership of Our VIP programme is at the Company's discretion, and Your status as a member of Our VIP programme may be altered by Us at any time.

PLEASE PRINT THESE TERMS AND CONDITIONS AND STORE FOR YOUR FUTURE REFERENCE. IN ADDITION, WE SUGGEST THAT YOU PRINT AND STORE ALL TRANSACTION RECEIPTS AND GAME RULES AS APPLICABLE TO YOUR ACTIVITIES.

If You have any questions, please contact Our 24/7 Customer Care Team.