GENERAL CUSTOMER TERMS

INTRODUCTION

5.1

We may from time-to-time ask for information to comply with our legal, regulatory or business requirements, for example to check you meet the App Requirements from time-to-time.

5.2

If necessary to meet our regulatory or other legal obligations or business requirements, we may at any time ask you to comply with Verification Requests. For example, if we suspect that you are under 18 years old, then we may ask you to comply with certain Verification Requests before you will be allowed to continue using the App. This could include providing personal details and copies of documentation such as your passport, driving license, other government-issued photo ID, utility bills and/or bank statements, attending phone or video calls, and/or recording playing sessions. 

6.1

People located in certain jurisdictions (the “Prohibited Jurisdictions”) are not allowed to make in-App purchases or otherwise access or use the Services. The Prohibited Jurisdictions are: (a) any location which is subject to any trade or economic sanctions, embargos or similar laws or regulations from time to time, such as Cuba, Iran, North Korea, Syria and the Luhansk, Donetsk and Crimea Regions of the Ukraine; and (b) any other locations that (acting reasonably) we determine from time to time. These restrictions apply equally to residents of Prohibited Jurisdictions as to residents of other nations when located in a Prohibited Jurisdiction. If you are a resident of another nation and you move or travel to a Prohibited Jurisdiction, you must stop using the Services (or the relevant part of them) while you are there. It is a Prohibited Event if we discover or have reason to believe that you are accessing or attempting to access the Services (or a prohibited part of them) from a Prohibited Jurisdiction.

6.2

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

7.1

Please carefully read Part B Section 4 below, which explains that you do not “buy” Virtual Items, because they have no monetary value. What you are “buying” when you make an in-App purchase or subscribe to a Subscription is a limited license to use the relevant Virtual Items in the App. Any payments you make for such in-App “purchases” of Virtual Items, and any Subscriptions you subscribe to, are processed directly by the Platform Store you downloaded the App from, not by us. As such, any queries about your transactions, including any refund request, should be directed to the relevant Platform Store.

7.2

If you do not receive any Virtual Items you were expecting to receive, then you can contact us. You will need to provide us with your Username, otherwise we won’t be able to confirm your Subscriptions or any in-App “purchases” of Virtual Items that you have made, or “refund” any Virtual Items to you. In this context, because we don’t handle any payments, “refund” means crediting you with Virtual Items, for example by crediting your balance with play money chips. It is not a refund of real money. For example, if you made an in-App “purchase” of 500,000 play money poker chips, and for some reason your Account wasn’t credited with those chips, we won’t be able to verify your transaction or credit your Account with any play money chips unless you tell us your Username. 

8.1

Part B Section 8 explains what the Prohibited Events are, and Part B Section 10 explains when we will restrict, suspend or permanently prevent your access to the Services (or any part of them) for Prohibited Events. If we discover or determine (acting reasonably) that you have engaged in any Prohibited Event, then we will wipe from your Account or the App any Virtual Items that are attributable to such Prohibited Event.

9.1

Except under Part B Section 14.1, our maximum liability to you under the General Terms in relation to any one incident or series of related incidents is limited to GBP 250. For example, if any digital content we supply to you damages any device or other digital content you are using, and we are found to be legally responsible to you for that, the most we would ever compensate you for that is GBP 250.

9.2

Except under Part B Section 14.1, we will not be responsible to you under the General Terms, nor do we owe you a duty of care, for our compliance or non-compliance with any regulatory obligations that we may be under from time to time including those relating to safer gambling or social responsibility.

11.1

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

11.2

Despite what we say in Section 11.1 above, nothing in the General Terms affects either: (a) any rights granted to you as a consumer under mandatory provisions of any law applicable to you; or (b) our right to take proceedings against you in any court of competent jurisdiction, nor will the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.

13.1

Except for our responsibility under Part B Section 14.1, the Services are provided on an “as is” and “as available” basis. We do not guarantee which Games will be available via the App at any time, or that the Services or Software will be free from Errors, Malfunctions or Interruptions. Part B Section 3 explains our rights if any Error, Malfunction or Interruption happens to the Services or Software while you are using them.

13.2

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

1.1

There is no payment required for downloading or accessing the Services or Software. You will have the option to make in-App purchases and subscribe to Subscriptions once you have downloaded the App and accepted the General Terms.

1.2

We are under no obligation to let you use our Services or play any Games. We may refuse your use of our Services (or any part of them) for any reason (including failure to meet any App Requirements).

2.1

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

2.2

Any avatar, image, username or other name you choose to use in connection with the Services must not include any Unauthorised Content. You grant us, for the benefit of the Flutter Group, a worldwide, irrevocable, transferable, royalty free, sublicensable license to use such items for any purpose connected with the Services.

3.1

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

3.2

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

3.3

If, as a result of an Error, Malfunction or Interruption in the Services, your Account is credited with Virtual Items that you would not have received were it not for that Error, Malfunction or Interruption, we will wipe them from your Account. This applies even if the relevant part of the Services could have produced the same or similar amount of Virtual Items absent the Error, Malfunction or Interruption and applies whether or not the Error, Malfunction or Interruption was apparent to you or to us at the time. 

3.4
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If, due to an Interruption, you are disconnected from a multiplayer poker Game, then you will be treated as sitting out and default actions will be taken on your behalf (for example check, fold, or the automatic posting of blinds) until you are able to re-join the relevant Game.
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4.1

You may be able to “earn” Virtual Items through gameplay or other use of the Services and/or “buy” them with real money. These “real world” terms are used figuratively, which means you have no right in or title to any Virtual Items, whether “earned” in a Game or through other use of the Services or “bought”. Any virtual currency or similar virtual balance shown in your Account or the App does not constitute a real-world balance or reflect any stored value, but instead represents the extent of your license to use the relevant Virtual Items in-App. If any Game or other part of the Services allows you to “buy” Virtual Items for real money and we or the Platform Store send an email or other on-screen message confirming how many Virtual Items you have “bought”, you should check it is correct and keep a copy for your records.

4.2

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

4.3
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Virtual Items are for in-App use only. You must not sublicense, trade, sell, or transfer Virtual Items for value of any kind outside of the App or Platform Store, or attempt to do any of these things (to do so would be a serious breach of the General Terms and therefore a Prohibited Event). You must not use or attempt to use in the App any Virtual Items that you have bought or received outside of the App or Platform Store (to do so would be a serious breach of the General Terms and therefore a Prohibited Event).

4.4

Virtual Items will not be usable if: (a) the App is withdrawn for any reason; (b) the Game in question is withdrawn for any reason; or (c) the Virtual Item in question is withdrawn for any reason. We will try to give you reasonable prior notice of any withdrawal of a Game, Virtual Item or the App. If you do not use your Virtual Items before the Game/Virtual Item/App is withdrawn, they will be lost. 

You must not:

6.1.1

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

6.1.2

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

6.1.3
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use any Prohibited Tools and Services;

6.1.4

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

6.1.5

directly or indirectly use more than one account in the same player or prize pool at the same time (e.g. if you play on or have more than one account open at the same poker table or in the same poker tournament, you buy-in to any Game using more than one account, or you enter into any prize pool with more than one account), whether any play activity actually occurs on any such account or not;

6.1.6

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

6.1.7

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

6.1.8

attempt to bypass any filters we apply to chat facilities on the Services;

6.1.9

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

6.1.10

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

6.1.11

attempt to do any of the things listed in Sections 6.1.1 to 6.1.10 above.

6.12

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

6.13
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We will review chat content, keep a record of all statements made on the chat facility, and take action retrospectively if necessary. Please let us know if you have been a victim of chat abuse. We will keep your complaint anonymous and deal with every case seriously.

7.1

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

7.2

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

7.3
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You must not, except to the extent permitted by applicable laws:

7.3.1

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

7.3.2

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

7.3.3

extract any Software from the Services;

7.3.4

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

7.3.5

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

7.3.6
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export any Software or any part of the Services to any country (whether by physical or electronic means); 

7.3.7
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attempt to gain unauthorised access to the App, the servers on which the App is stored, or any server computer or database connected to the App;

7.3.8
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use our trademarks, content or other intellectual property without our permission; or

7.3.9
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attempt to do any of the things listed in Sections 7.3.1 to 7.3.8 above.

8.1

The following are "Prohibited Events":

8.1.1

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

8.1.2
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if at any time you fail to comply with any Verification Request and/or any other check or request for information reasonably required to meet our legal, regulatory or internal requirements;

8.1.3

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

8.1.4
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if we discover or have reason to believe you have breached the security of someone else’s Account (for example you have used someone else’s Account without their permission);

8.1.5

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

8.1.6

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

8.1.7

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

8.1.8
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if you breach the General Terms or any Rules in some other serious way (we give some examples of serious breaches throughout the General Terms – see Part B Section 4.3, Part B Section 9 and Part A Section 7 – but these are not the only ways serious breaches could occur), or you repeatedly breach the General Terms or any Rules in such a way as to reasonably justify the opinion that your conduct is inconsistent with you having the intention or ability to give effect to the General Terms or such Rules;

8.1.9
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if we discover or have reason to believe you have made a fraudulent or criminal transaction in connection with your use of the Services.

8.2
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You must tell us straight away if you suspect or become aware that any Prohibited Event has been or is being committed by any User, and reasonably assist us with any investigation into it (including by providing any information we reasonably request).

10.1

We will restrict or suspend your access to or use of the Services, in whole or part, where we have reason to believe that you have been involved, or are likely to be involved, in a Prohibited Event. 

10.2

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

10.3

If we restrict, suspend or permanently prevent your use of the Services in whole or part under this Section 10 then:

10.3.1

we may notify the relevant Platform Store, who may close your Platform Account with them or restrict, suspend or permanently prevent your access to or use of the relevant Platform Store (in whole or part);

10.3.2

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

10.3.3

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

10.3.4

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

12.1

If you decide to close your Account or delete the App, then you will be able to recover your progress in Games and any Virtual Items that were associated with your Account at the time of such closure/deletion.

12.2

If we permanently prevent you from using the App, then your progress in Games and all Virtual Items associated with your Account will be wiped and will not be recoverable.

12.3

Whether you close your Account or delete the App, or we permanently prevent you from using the App, you will need to manually end any subscriptions you have subscribed to through the relevant Platform Store.

12.4

You remain responsible for all use of the App via your Account until such time as your Account is closed, you delete the App, or we permanently prevent you from using the App.

13.1

Except under Part B Section 14.1, we will not be responsible for any failure or Interruption in or to any part of the Services or the performance of our obligations under the General Terms, or for any other liability or loss, resulting from any Event Beyond Our Control. For example, we are not responsible if your connection or equipment is slower than other Users’, and it affects your performance in time critical products.

13.2

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

16.1

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

16.2

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

16.3

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

16.4

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

1.1

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

16.1

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

16.2

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