GENERAL TERMS AND CONDITIONS
GENERAL TERMS AND CONDITIONS
- SCOPE OF APPLICATION OF CONTRACTS
- LEGAL TERMS AND CONDITIONS GOVERNING USE OF THE SERVICES
- ACCOUNT BALANCE
- GROUP EMPLOYEES AND AFFILIATES
- FAIR USE
- COPYRIGHTS AND TRADEMARKS
- ELECTRONIC SERVICE PROVIDER
- INACTIVE AND ABANDONED ACCOUNTS
- THIRD-PARTY CONTENT
- ACCOUNT USERNAME AND PASSWORD CONFIDENTIALITY
- FRAUDULENT ACTIVITY AND PROHIBITED TRANSACTIONS
- SECURITY CHECK
- ACCOUNT FORFEITURE AND CLOSURE
- LIMITATIONS AND EXCLUSIONS
- DATA PROTECTION
- APPLICABLE LAW
- THIRD-PARTY RIGHTS
- ENTIRE AGREEMENT, AMENDMENTS AND SUPPLEMENTS
- NON-BANKING CARD GAMES SERVICES
- VIP MEMBERSHIP
As soon as You (as defined below) click "Submit" or "I agree", or when You use the Services, an enforceable contract is concluded based on these General Terms and Conditions of Use (hereinafter the "GTCU") between (a) You, the end user ("You"), and (b) B.E.S. SAS, a simplified joint-stock company with registered capital of EUR 148,260.00, registered on the Paris Trade and Companies Register under the number 521 353 235 00026, and its registered office at 19 Boulevard Malesherbes, 75008 Paris, France, "We", "Our" or "Us", ("BES").
B.E.S. SAS is an online gaming operator approved and regulated by the French Regulatory Authority for Online Games (ARJEL) in accordance with Law no. 2010-476 of 12 May 2010 on the introduction of competition and regulation of the gambling and online gambling sector (the French Gambling Act).
To contact Us, please see the information provided on the Contact page of Our website.
Our Services are available on the partypoker.fr site (the "partypoker Platform"), and through any other web or mobile platform We operate (each site being individually referred to as a "Platform" and collectively as the "BES Platforms") that enables You, via Your Account as defined in Article 1, to access Our gambling, gaming services, including, but not limited to, the Non-Banking Card Games Services as defined below (the "Services").
Any complaints, claims or disputes concerning any outcome associated with the Services or any other activity We engage in should be addressed to Us by contacting Us as described in Article 22.
Please kindly read through all of these documents carefully. Each one forms an integral part of the binding Contract between You and Us.
In the event of a dispute between these GTCU and any of the game rules or any other document referred to herein, these GTCU shall take precedence.
If You have any questions or concerns about these Contracts, We recommend You seek legal advice from an independent third party.
CIRCLE GAMES (POKER)
The Circles Games are the Services We provide via the following Platforms: partypoker.fr and any other gaming Platform We may implement in the future (collectively referred to as the "Circles Games" or "Non-Banking Card Games Services").
If You use, or wish to use, the Non-Banking Card Games Services, You shall comply with the stipulations of Article 29 of these GTCU.
To use certain Services, You may need to download and install software provided by the Platform in question.
Refers to one BES Platform individually
Refers to all web or mobile Platforms operated by BES
Refers to the partypoker Platform, which can be accessed at the following URL
Refers to the gambling, betting and games of chance provided for players by BES, particularly the Circle Games.
Refers to a customer registered on a BES Platform in accordance with the procedure described in Article 4 .
Refers to all funds held by Players in their Account, including, but not limited to, funds deposited by the Players, any earnings or prizes won by the Players, any in-play wagers and any loyalty scheme bonuses or other bonuses. Customer funds include the balance available to withdraw (the "Redeemable Balance") and the balance not available to withdraw (the "Non-Redeemable Balance"), which includes, in particular, in-play wagers and any loyalty scheme earnings.
Refers to BES
Also referred to as the "Player", refers to anyone entering the Platform and taking part in the games provided by BES.
2. SCOPE OF APPLICATION OF CONTRACTS
By using Our Services and/or by declaring that You have read the Contracts during Your registration, and/or by clicking the "Submit" or "I Agree" button while installing any of the software associated with the Services provided via the BES Platforms, or while creating Your Account, You undertake to comply with the terms of said Contracts and You acknowledge that any breach of this obligation may result in Your exclusion, the forfeiture of Your Account (under the conditions set out in Article 17), the confiscation of any funds and/or legal action against You, where necessary, in accordance with the provisions of the Contracts. We will provide You with immediate access to the Services when You accept the terms of the Contracts. This means that if You accept the terms of the Contracts while registering for the Services, You will not be able to cancel Your registration later, but You can terminate the Contracts and close Your Account in accordance with Article 18.
3. LEGAL TERMS AND CONDITIONS GOVERNING USE OF THE GAMES
You may only use the Services if You are at least 18 years old (or You have reached the age of legal majority in Your country where this is higher) and if the current laws in Your country permit You to do so.
In particular, minors, even those who are emancipated, legal entities and people subject to a gambling ban are prohibited from using the Services.
We will ask You for proof of Your age, and Your Account may be suspended until You provide satisfactory evidence of Your age.
You acknowledge that We cannot provide You with any legal advice or guarantee. You are solely responsible for checking that You are complying with the laws applicable to You at all times and that You have full authorisation to use the Services.
Without affecting the scope of the foregoing, access to Our Services may be restricted in certain countries. You use the Services of Your own free will, at Your own discretion and at Your own risk.
You are not permitted to hold more than one (1) Account associated with Your identity for Your use of the partypoker Platform. If You hold multiple Accounts in different names, You must contact Us immediately to have these Accounts merged so that You only have one (1) Account. We reserve the right to close Your Account(s) if You open multiple Accounts or use a third-party Account. If We have reason to believe that multiple Accounts have been opened with the intention of defrauding Us, We reserve the right to cancel any transaction associated with said fraud attempt.
If You lose Your user name or password, please contact Us to obtain a replacement.
4.1. ACCOUNT CREATION
To use all of Our Services, You first need to open an Account on Our Platform.
4.2. OPENING A TEMPORARY ACCOUNT
To open an Account, choose a user name and password that are unique to You and provide the other information We request on Our registration form, including (without being limited to) Your first and last name, postal address, email address, gender, date of birth and phone number.
You must ensure that the information provided during Your registration is accurate, complete, up to date and correct.
You may change some of the information provided during Your registration at any time by going to Your Account settings. You must ensure that the information You provide to Us during Your registration matches the proof of identity You will be required to send Us (see Article 4.3).
Please note that the registration procedure will initially involve creating a Temporary Account on the Platform ("Temporary Account"). We would like to draw Your attention to the fact that You will not be able to transfer any sums from Your Temporary Account to Your Payment Account. The ability to perform transfers to Your Payment Account is only available once We have received and verified the documents specified in Article 5.3.
You can also contact Us for more information.
4.3.1. General requirements
In accordance with the provisions of Article 5 of Decree No. 2010 518 of 19 May 2010, as cited above, You are required to provide Us with a copy of either Your national identity card, passport, residence permit or driving licence within 30 days following the submission of Your registration form so Our teams can verify Your identity and check Your date of birth.
You may choose one of the following options to enable Us to verify Your address: (i) Send Us a document showing Your postal address – rent receipt, water bill, etc. – or (ii) Enter a code We send to the address You entered during Your registration.
If We have not received one of the supporting documents, or if the activation code has not been entered, after 30 days, Your Account will be disabled.
If We have not received one of the documents requested, or if the activation code has not been entered, after 60 days from the request to open a Temporary Account, We will close Your Temporary Account.
If You fail to provide supporting documents to verify the truth of the information You have given Us during any checks We may conduct after Your Account is activated, Your Account will be closed.
You will also not be able to open another Account without submitting the supporting documents requested during the checks that resulted in Your Account being closed.
4.3.2. Obvious typos
In the event of a discrepancy between the data You provided Us with when opening Your Account and the data shown on the documents You submit to Us due to an obvious typo, We will amend the data entered in Your Account.
You will receive an email after these changes asking You to confirm the changes. If You do not confirm the changes, You may receive reminder emails from Us. Your Account will be disabled until You confirm the changes.
The changes must be confirmed within 60 days. At the end of this period, in the absence of any action by You, the Account will be closed.
We will reactivate Your Account as soon as We receive all the documents required for the checks, and/or You have entered the verification code.
Disabling Your Account will prevent You from placing any bets and requesting even a partial payout of the credit balance in Your Account to Your Payment Account. You may still have access to Your Account data as mentioned in Article 13 of Decree No. 2010-518 of 19 May 2010 on the offer of online betting and gaming by accredited operators.
4.4. CHANGING YOUR DETAILS
You may change the personal information (excluding Your date and place of birth) about Your marital status or Your postal address You gave Us at any time.
The same verification procedures as those detailed in Article 4.3 will apply when You change Your details. You must send Us the supporting documents requested in paragraphs 1 and 2 of this article within 30 days. If We have not received these supporting documents upon expiry of said period, We will disable Your Account.
If We have not received these supporting documents within a period of 60 days, We will close Your Account.
4.5. ACCOUNT RESTRICTIONS
4.5.1. DEPOSIT AND STAKE LIMITS
When You open Your Account and before You make Your first deposit, We will ask You to define Your play limits by setting the total deposit amount You can make over a 7-day period. Before Your first bet, We will ask You to set a limit on the maximum amount You can bet over a 7-day period.
You can change these limits at any time but bear in mind that any increase to these limits will only take effect 48 hours after receiving Your request. If You lower the limits, the change will take effect immediately.
You will not be able to play without having set these limits.
4.5.2. PLAY TIME LIMITS (circle games - poker)
If You use Our Non-Banking Card Games Services, You must define Your play limits by setting a play time limit (total time spent by a player at a gaming table from the cards being dealt in the first game they take part in until they leave the table) before You place Your first poker stake.
This limit will apply immediately to Your cumulative play time over a 7-day period.
You can check Your play time using the counter provided. This shows how much time You have already played for over the period in question. A warning will appear once 75% of Your play time has passed, or thirty minutes before its expiry at the latest, and again 10 minutes before its expiry.
If this limit is reached during a cash game round, You will not be able to make any further gaming transactions from the end of the hand until the end of the 7-day period.
If this limit is reached during a tournament or after registering for a tournament You have paid to enter, at the end of that tournament You will not be able to make any further gaming transactions until the end of the 7-day period.
You can change this limit at any time before the first warning.
If You increase the limit, this change will take effect 48 hours from receipt of Your request at the earliest. If You lower the limits, the change will take effect immediately.
4.5.3. CREDIT PAYOUTS
Once Our Teams have verified Your identity, You must set the minimum amount to be reached before any available credit in Your Account is automatically paid out into Your Payment Account.
4.6. ACCOUNT OPENING FEES
There are no fees for opening Your Account. We are not a banking institution and funds are not covered by any public body. Payments made and received into Your Account must be denominated in the currencies available within the Services and will not earn interest. You are responsible for ensuring that all payments received into Your Account come from a source where You are the named account holder. Please see the FAQ for more information.
4.7. ACCOUNT CURRENCY
The currency used for Your Account will be euros. We will tell You if Your stake or bet requires any currency conversion transactions by Us.
5. ACCOUNT BALANCE
The Redeemable Balance in Your Account is the actual sum of money paid into Your Account (where applicable) by You or by Us, plus any winnings (including bonuses, even those You have not yet met the requirements to obtain or unlock) and/or minus the total of any losses from Your use of the Services, minus rakes, registration fees or other fees applied, where applicable, and minus any amounts You have already withdrawn or sums We have confiscated or recovered following proven fraudulent activity or deposits or other transactions rejected or cancelled by Your bank, or by any other bank, (due to lack of funds, the payment being stopped or for any other reason), or any other sums We are entitled to deduct or confiscate pursuant to the Contracts. Please see Our Payments FAQ for more information.
To play Real-Money Games or place a bet, You must pay a "real money" sum into Your Account within the maximum limit previously set. These funds will be deposited in Your Account once We and/or Our authorised representatives have actually received them.
You acknowledge that We may set a minimum and maximum limit on the amounts paid into Your Account based on Your history and the deposit method where We have legitimate reason to do so.
Please see Our Payment FAQ for more information about deposit and redemption terms.
5.3. FIRST PAYOUT
The Redeemable Balance in Your Account may only be paid out into Your Payment Account once You have provided Us with a document showing Your Payment Account ("Payment Account") details. The Account must be in Your name.
This Payment Account must be held with an established payment services provider in France.
You can request payouts from Your Account to Your Payment Account at any time as long as the payments have been received. The requested payouts will be made by bank transfer in the same currency used for the deposits.
You are responsible for ensuring that the information provided about Your Payment Account is accurate and up to date. We reserve the right to close Your Account if the bank account used to receive payouts of Your Redeemable Balance and/or the credit/debit card used to deposit money into Your Account does not match Your name, as registered in Your Account.
Please see Our Payment FAQ for more information about deposit and redemption terms.
Payout requests are granted providing You have a Permanent Account and the payment method used complies with these GTCU, subject to any restrictions applicable to Bonuses, and/or Security Checks (see Article 16 below), and any other stipulation in the Contracts. Any sums You withdraw will be subject to the restrictions and processing fees applicable to the deposit and withdrawal methods. We will tell You about these before You cash out.
Please see Our Payment FAQ for more information about deposit and payout methods and current fees.
We may have to declare and make deductions from Your winnings to comply with Our legal obligations. You will be responsible for all tax owed on winnings paid out to You. Balances may not be transferred, substituted or exchanged for any other prize whatsoever. The funds You withdraw will be paid by bank transfer.
Payouts will be made as soon as possible, subject to any delays due to any Security Checks We may perform (see Article 16 below) and except where We have reason to suspend said payments under the terms of the Contracts.
6. GROUP EMPLOYEES AND AFFILIATES
If You are a corporate representative, executive, employee, consultant or agent of Entain, or one of its direct or indirect subsidiaries, (the "Group"), or a distributor or supplier to the Group, You are only permitted to open an Account or use any of the Services, directly or indirectly, as required by Your duties as a Group employee. Moreover, family members of Non-Authorised Persons are not permitted to register with Us or use any of the Services directly or indirectly. For the purposes of this clause, "family member" includes, without being limited to, spouses, partners, parents, children and siblings.
7. FAIR USE
We hereby prohibit any unfair practices during use of the Services. We aim to protect Our customers and preserve the integrity of the Services. Please see Article 29 below, which forms an integral part of any Contracts, and Our Anti-Fraud Policy in Article 29.3, for more information. If it emerges that a customer is participating in any form of collusion, or any other activity We consider fraud, their Account will be permanently closed, and the balance in the Account, where applicable, may be seized or withheld in accordance with the terms of Article 17 of these GTCU.
Prohibited Third-Party Content (as defined below) is strictly forbidden on Our BES Platforms. Please see Our Third-Party Content Policy, which forms an integral part of the Contracts, for more information.
8. COPYRIGHTS AND TRADEMARKS
The terms partypoker.party, and any other brand name used by the Group are trademarks, service marks and/or trade names belonging to the Group or one of its subsidiaries or affiliate companies or its licensors. All other elements used by the Group, in particular, without being limited to, software, images, graphics, photographs, animations, videos, music, audio content and texts (and any intellectual property rights associated with the same) are the property of the Group, or one of its subsidiaries or affiliate companies, and/or its licensors and are protected by copyright and/or other intellectual property rights. You are not granted any rights in respect of these protected elements, trade names or service marks, and You shall refrain from using them without the Group's written authorisation.
9. ELECTRONIC SERVICE PROVIDER
To use the Services, You are required to send money to Us and receive money from Us. We may use third-party payment processing service providers and/or financial establishments ("Electronic Service Providers (ESPs)") to process these financial transactions. You irrevocably authorise Us to issue instructions to these ESPs to process deposits into and withdrawals from Your Account, where necessary, and You irrevocably agree to Us issuing such instructions in relation to Your Account, in accordance with Your requests, as communicated through the sections on Our Platforms provided for this purpose.
We may, from time to time, offer You free of charge, or by way of a bonus, sums which will be credited to Your Account (the "Bonus(es)"). These Bonuses may only be used in the Services specified when the Bonus is given to You. The acceptance of any Bonus will be in accordance with the supplementary terms and conditions applicable to the Bonus in question, as communicated to You, where applicable, and, failing which, in accordance with the Standard Promotional Terms and Conditions and subject to any bonus award restrictions included in the promotion in question. Unless otherwise stipulated, promotions can only be used ONCE. You may only withdraw Bonus amounts or withdraw any winnings earned using such Bonuses once You have fulfilled the applicable conditions and, in particular, without being limited to, the eligibility criteria.
11. INACTIVE AND ABANDONED ACCOUNTS
Your Account (and any associated account with an ESP) will be deemed "Inactive" and closed after a period of twelve consecutive months (the "Grace Period") in which You have not (i) accessed Your Account by logging in with Your user name and password, or (ii) staked or bet money through the Services, or (iii) participated in a tournament by paying registration fees through the Non-Banking Card Games Services, or (iv) played a raked hand in the Non-Banking Card Games Services, or (v) made a deposit, as appropriate.
12. THIRD-PARTY CONTENT
You are strictly prohibited from using insulting or offensive language in Our discussion forums or on any part of the BES Platforms or with Group employees. You are also prohibited from making misleading or malicious and/or negative comments about the Group's activities on any Platform or forum whatsoever.
We may reject or delete any text, file, image, photo, video, audio content or other elements ("Third-Party Content) You put online on the Platforms that breach the stipulations of the Contracts.
Any breach of this clause may result in deletion of the Third-Party Content, a temporary ban from using the Services and/or any other measure We may deem reasonably necessary to ensure compliance with this clause. We will tell You why We deemed it necessary to take such steps.
We make every effort to ensure the security and safety of Our Platforms and Our Services for all Our Players.
We do not claim any property rights in respect of Third-Party Content (as defined above, including but without being limited to, player images) You post on Our Platforms. You accept sole responsibility for any Third-Party Content You post under Your alias.
You hereby grant Us a worldwide, non-exclusive licence for the applicable term of protection under French law, free from any right or claim (which includes the right to grant a sub-licence) to use and make any number of copies We deem necessary of Your Third-Party Content to enable its publication and archiving on Our Platforms, or in connection with a promotion, on all existing or future media.
You warrant to Us that You have full capacity and the requisite authority to grant the licence above and that the Third-Party Content You post (a) does not constitute a breach of a third party's intellectual property right, any other property, publicity or confidentiality right; (b) does not violate any law, statute, decree or regulation;(c) is not commercially slanderous or defamatory in nature, does not pose a threat or constitute unlawful harassment; (d) is not pornographic or obscene and does not contain pornography; (e) does not breach any unfair competition, false advertising or anti-discrimination laws; (f) does not constitute any of the prohibited Third-Party Content scenarios stated below and (g) is free from any viruses, Trojan horses, worms, time bombs, cancelbots, corrupt files or any other software or programmes intended to damage, detrimentally interfere with, intercept or destroy any system, database or personal information.
You agree to pay copyright fees, charges or any other sums of money to a third party resulting from Your publication of Third-Party Content on Our Platforms.
You acknowledge that the following elements (without this list being exhaustive) will be deemed prohibited Third-Party Content: all Third-Party Content that:
- is obviously offensive and promotes racism, fanaticism, hate or physical damage of any kind against a group or person, or which exploits, harasses or incites harassment of a third-party individual;
- deliberately provides incorrect or misleading information or encourages abusive, threatening, obscene or defamatory behaviour;
- shows scenes of nudity or violence or contains any other content likely to offend or links to such content;
- requests personal information about minors;
- discloses information that constitutes a serious threat to the privacy or safety of users;
- promotes an illegal or prohibited copy of copyright-protected material belonging to a third party; and
- disseminates a photograph or video of a third-party person without their consent.
13. ACCOUNT USER NAME AND PASSWORD CONFIDENTIALITY
You must not disclose the user name and password selected when You registered for Your Account.
You are responsible for the security of the user name and password associated with Your Account.
You undertake to keep the user name and password associated with Your Account secret and confidential and not to allow anyone else to use them. Anyone logging in with a correct user name and password will be deemed the actual Account holder. Any transactions performed after correctly entering the user name and password will be considered valid. We may not be held liable for any damage incurred due to unauthorised or incorrect use of Your credentials. If You lose Your user name or password, please contact Us to obtain a replacement. We cannot be held liable if You misplace, forget or lose the user name or password to Your Account, except where this is the result of an error on Our part.
14. FRAUDULENT ACTIVITY AND PROHIBITED TRANSACTIONS
We operate a zero-tolerance policy towards any unacceptable attitude and fraudulent activity. If We have proof that You have cheated or attempted to defraud Us, or defraud the Group or another user of any of the Services, in any way whatsoever and in particular, without this list being exhaustive, by rigging the game, committing payment fraud, or if You made a fraudulent payment, in particular by using stolen bank cards, or any other fraudulent act (in particular by stopping a payment or obtaining a payment refund by any means) or unlawful transaction (money laundering in particular), or if Your deposits are not honoured by Your bank for any reason whatsoever, We reserve the right to suspend and/or close Your Account and recover the debts outstanding by any legal means at Our disposal, in particular, without this list being exhaustive, (i) by debiting the amount of Your debt from Your Account; and (ii) by commissioning independent debt recovery agencies to recover the debt. This may negatively impact Your credit rating, and We are required to give this information (and Your identity) to the relevant authorities.
As soon as We have proof that a person, or group of people, is/are colluding with others to defraud or harm the Group and/or Us and/or the Services and/or the BES Platforms, in any way whatsoever, We reserve the right to suspend the Accounts in question, initiate a Security Check in accordance with Article 14 and, if the results of said Security Check confirm the attempt to defraud or harm the Group and/or Us and/or the Services and/or the BES Platforms, We reserve the right to cancel and retain that person's or group's winnings and to cancel and retain the Standard Player Points obtained by that person or group.
For data protection, security and fraud prevention purposes, We prohibit the use of any means of communication included in the Services and/or the BES Platforms (including, without being limited to, the croupier table discussion forums) to offer or promote deals, goods or services (Your own or those of third parties). You are expressly prohibited from publishing information or contacting Our clients to offer or promote any deals, goods or services whatsoever.
You must tell Us as soon as You notice an error in Your Account or any calculation relating to the stakes or bets You have placed. In the event of such an error or any system malfunction or problem in the game (abnormal functioning of the game logic of any kind whatsoever), particularly where it emerges that an Error was used to obtain an unfair advantage, We may be forced to apply the provisions of Article 17 (Account Forfeiture and Closure) of these GTCU. Any complaints regarding calculation of the balance in Your Account as it appears on the www.partypoker.fr website must be submitted within 15 days after its appearance. Such complaints must be submitted by mail to the support desk. The contact details are provided on Our website.
16. SECURITY CHECK
To safeguard the security and integrity of the system, We reserve the right to perform security checks at any time to verify Your identity, Your age, the data You provided during registration, check Your use of the Services, including, without being limited to, Your compliance with the Contracts and the Group's policies, and the financial transactions made by You through the Services, to detect any potential breach of the Contracts and applicable legislation (a "Security Check"). For this purpose, You authorise Our agents and Us to perform any investigation concerning You and to use the information You provide Us with, or which You are obliged to give to Us under the terms of the Contracts, and, if necessary, to disclose the same to third parties for verification. Such investigations may include, without being limited to, checking Your credit rating and/or cross-referencing the information with third-party databases. Furthermore, to facilitate these Security Checks, You agree to provide any information or documents We may request from You.
17. ACCOUNT FORFEITURE AND CLOSURE
If We close Your Account, We will transfer Your Redeemable Balance to Your Payment Account and inform You of the amount transferred and the reason for closing Your Account.
Please note that, for the purposes of this Article, prizes, bonuses and winnings present in Your Account will not be refundable and will be deemed to have been lost.
In exceptional cases, We reserve the right to suspend payment of Your Redeemable Balance where there is a suspicion of money laundering or terrorist financing.
IN RELATION TO YOUR ACCOUNT, ANY ASSOCIATED ACCOUNT WITH AN ESP (as defined in Article 8), ANY ACCOUNT HELD BY YOU WITH OTHER SITES AND/OR CASINOS AND/OR SERVICES OWNED OR OPERATED BY, OR ON BEHALF OF, THE GROUP AND, WHERE RELATED TO YOUR USE OF ONLINE BETTING SERVICES, WITH ANY SERVICE THAT SHARES THE JOINT GAMBLING/CASINO PLATFORM, WE RESERVE THE RIGHT TO TERMINATE THE CONTRACTS, CONFISCATE YOUR BALANCE, SUSPEND YOUR ACCOUNT AND USE ANY SUMS IN SAID ACCOUNT TO RECOVER ANY PRIZES, BONUSES AND WINNINGS IN QUESTION IN THE FOLLOWING SCENARIOS:
- In the event of a serious breach by You of any of the Contracts;
- If We learn that You have used, or tried to use, the Services for fraudulent or collusive purposes (including by stopping payments) or for any other unlawful or wrongful activity;
- If We learn that You have played on another site or other online gambling services and You have engaged in fraudulent or collusive activities (including by stopping payments) or any unlawful or wrongful activity;
- If You have stopped or blocked any of the purchases or deposits You have made in Your Account;
- If You have been declared bankrupt or are subject to similar proceedings in any jurisdiction whatsoever; or
- If We are requested to do so by a relevant authority.
In all the scenarios set out in this Article, if We decide to terminate Your Account, We will transfer Your Redeemable Balance into Your Payment Account and inform You of the amount transferred and the reason for closing Your Account.
You are entitled to close Your Account and terminate the Contracts by withdrawing the entire balance in Your Account, as described in the Close Your Account section.
Without limiting the stipulations of Article 17, We may terminate the Contracts within seven (7) days' by notification (or attempted notification) sent to the email address You provided. If We terminate the Contracts, We will inform You by email and, with the exception of the termination scenarios outlined in Article 17, We will reimburse Your Account balance.
Termination of the Contracts will not affect any open stakes PROVIDING such open stakes are valid and do not contravene the stipulations of the Contracts in any way.
The following Articles of these GTCU will remain valid after termination of the Contracts by either party: 14, 17, 18, 20, 21, 22, 23, 24 and 25 and any other Article necessary for interpretation of the same.
We provide You with a way to ask to be excluded from gambling, temporarily or permanently. You may specify the duration of Your temporary exclusion, but this may not be less than 24 hours or more than 12 months.
You can ask for Your Account to be closed during Your self-exclusion period. If You do so, You may not open another Account during that period.
If You have chosen to use the self-exclusion option provided by a Platform operated by a Group company, You acknowledge and agree that You will not be permitted to open or use an Account with another Group company ("Another Group Account") for the duration of Your selected self-exclusion period.
To comply with Our statutory obligations and ensure Your self-exclusion from Our BES Platforms, We and/or any Group company will block any funds You may deposit (or have deposited) in Another Group Account for the period of Your self-exclusion.
Note that, in the event of Your failure to comply with this Article, and thus in the event of fraud, neither We, nor any Group company, will be obliged to refund to You any sums You may have staked, where applicable, in Another Group Account during Your selected self-exclusion period.
YOU UNDERTAKE TO ONLY USE THE SERVICES IN ACCORDANCE WITH THE PROVISIONS OF THE CONTRACTS. YOU UNDERTAKE TO INDEMNIFY US IN FULL FOR ANY LOSS OR EXPENSES (INCLUDING REASONABLE LAWYER'S FEES) INCURRED BY US (OR ANY GROUP MEMBER) DUE TO A BREACH BY YOU OF THE PROVISIONS OF THE CONTRACTS.
21. LIMITATIONS AND EXCLUSIONS
YOU ACCESS THE BES PLATFORMS, DOWNLOAD ALL SOFTWARE ASSOCIATED WITH THE SERVICES FROM THE BES PLATFORMS AND USE THE SERVICES OF YOUR OWN FREE WILL, AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. WE MAY NOT BE HELD LIABLE FOR ANY ATTEMPT BY YOU TO USE THE SERVICES THROUGH METHODS, MEANS OR PROCEDURES NOT PROVIDED BY US. WE ARE UNDER NO OBLIGATION TO IMPLEMENT ANY REDUNDANT NETWORK AND/OR SYSTEM.
WE SHALL RUN THE SERVICES WITH THE EXPERTISE AND CARE REASONABLY REQUIRED AND, ESSENTIALLY, IN ACCORDANCE WITH THE STIPULATIONS OF THE CONTRACTS. WE DO NOT MAKE ANY OTHER PROMISES OR PROVIDE ANY OTHER WARRANTY REGARDING THE SERVICES.
NONE OF THE PROVISIONS OF THE CONTRACTS MAY EXCLUDE OUR LIABILITY IN THE EVENT OF FRAUD, DEATH OR PERSONAL INJURY AS A RESULT OF OUR NEGLIGENCE.
22.1 COMPLAINTS TO CUSTOMER SERVICES
If You wish to make a complaint, or You have a dispute to settle regarding any aspect of Our Services or any other activity, You must submit Your complaint to Us as soon as reasonably possible after the date of the original transaction the complaint or dispute relates to, by contacting Customer Services by email in the first instance. It is not possible to submit a complaint via social media. You must provide the reasons for Your complaint in full together with all relevant information such as, without this list being exhaustive: specific information relating to the transaction, the exact date, the time and time zone, any screenshots or videos You may have, a copy of the advertising material received, etc. Customer Services will check Your inquiry, analyse Your complaint and reply to You as soon as possible.
22.2 COMPLAINTS TO THE CUSTOMER SERVICES MANAGER
If You are not satisfied with the response from Customer Services in the dispute management procedure outlined in paragraph 22.1 above, You may submit Your complaint by email to the following email address: email@example.com. Any notice from Our departments will be sent to You (unless otherwise stipulated in these agreements) using the email address specified when You registered Your Account. You must inform Us of any change to said email address using the "Change email address" function in Our software and regularly view any messages You may have received from Us in Your email.
(i) You will receive confirmation that We have received Your complaint within 24 hours from the time We receive Your complaint in the manner indicated above. We will inform You of Our final response by email within 8 weeks of receiving Your complaint, except where You are unable to comply with the dispute management procedure within a reasonable period. If We ask You for more information, said period will be paused until You are able to provide the requested information. The procedure will then be resumed as normal afterwards.
(ii) Our dispute management procedure will end if, at the end of the 8-week period, Your complaint could not be resolved (taking into account any interruptions), or if We find ourselves at an impasse, or if a final response has been decided upon in less than 8 weeks. We will then send You a final email confirming Our position on the matter.
22.3 COMPLAINTS TO THE MEDIATEUR DES JEUX EN LIGNE
If You are not satisfied with Our response through the complaints submission procedure detailed in paragraph 22.2 above, You may send Your complaint to the Médiateur des Jeux en Ligne (the French online gambling consumer disputes mediation service) using the form provided on the Médiateur des Jeux en Ligne website, or by post (completing the online form or using it as a guide) to the following address: Médiateur des jeux en ligne, 99-101, rue Leblanc, 75015 Paris, France. The Médiateur des Jeux en Ligne is a public mediation service open to all consumers, players or bettors for the purposes of resolving disputes with an operator accredited by the Autorité Nationale des Jeux (ANJ – the French National Gaming Authority). Note that complaints can only be referred to the Médiateur des Jeux en Ligne as a last resort once the procedures set out in 22.1 and 22.2 have been exhausted.
23. DATA PROTECTION
24. APPLICABLE LAW
The Contracts are governed by French law and will be interpreted in accordance with the same. Insofar as the law permits, You irrevocably acknowledge the jurisdiction of the Paris courts to hear disputes or matters relating to the Contracts or their fulfilment, or arising under them. In the event of any one of the provisions of the Contracts proving null and void, unlawful or unenforceable for any reason whatsoever, this will not affect the validity of the rest of the Contracts, which will remain in force and valid as stipulated therein.
Please note that in the event of a dispute between You and Us, You have the option of mediation proceedings, as described in Article 22.3, or any alternative means of dispute resolution as defined by French law, and by Articles 1528 et seq. of the French Code of Civil Procedure in particular.
We reserve the right to transfer, assign or pledge all or part of the Contracts, or to grant a sublicence in connection with the same, to a third party (but not without Your agreement) and without notice, providing this assignment is subject to the same terms and conditions or terms and conditions that are at least as favourable for You. You are prohibited from assigning, or transferring by any other means, some or all of Your obligations under the Contracts, or granting sublicences in connection with the same.
26. THIRD-PARTY RIGHTS
Barring any provision to the contrary in the Contracts expressly authorising a third party to avail itself of a clause in said Contracts, only the named parties to those Contracts shall be authorised under local legislation to invoke or avail themselves of any clause in the Contracts. This shall not affect any rights or remedies open to third parties under other laws.
27. ENTIRE AGREEMENT, AMENDMENTS AND SUPPLEMENTS
You understand the Contracts fully and agree to be bound by them. It is Your responsibility to read the Contracts, and any supplements to them every time You play. The Contracts, and the documents referred to therein, constitute the entirety of the final agreement concluded between You and Us and supersede any prior agreement between You and Us.
28. CIRCLE GAMES (POKER)
28.1. Play-Money and Real-Money Games
By registering for Circle Games, You will have access (via the Software (as this term is defined below)) to "play-money" games and tournaments ("Play-Money Games" or "Free Games") and "real-money" games and tournaments ("Real-Money Games" or "Real-Money Tournaments") through the Circle Games. Playing Play-Money Games does not require any purchase, except the cost of Your internet connection charged by Your access provider or telecommunications operator, and You can play Play-Money Games without betting any real money. We reserve the right to suspend, modify, delete and/or add any Multiplayer Gaming Service at Our sole discretion and without incurring any liability in this respect.
28.2. Circle Games Services Rules and Processes
You are obliged to use the Circle Games in accordance with the generally accepted gaming rules as they appear in the Rules of Play section, and with the procedures unique to the Multiplayer Gaming Service You are using, as described in the Games sections of the partypoker.fr website, including, without being limited to, the Promotions, Tournaments, Gaming Rules and Guidelines, How to Play, Table Stakes, Tournament Rules and the Poker Code of Ethics sections, and on any other page regarding and governing an event, a game or a specific tournament (the "Rules").
28.3. Anti-Fraud Policy
We endeavour to prevent all unfair practices when using the Circle Games, including, without being limited to, any collusion between players. We also endeavour to detect and prevent the use of any software enabling any artificial intelligence to play on Our Platforms, including, without being limited to, any opponent profiling, fraud software or other process We believe gives You an unfair advantage over other players not using such software ("AI Software"). You acknowledge that We may take measures to detect and prevent the use of such programs and AI Software (including, without being limited to, viewing the list of programs running on a player's computer) and You undertake not to use any AI Software or any such programs. Please see Our Unfair Advantages Policy.
You may install and use the IT programs available on the Platforms used to provide Circle Games (the "Software") on a hard disk or any other storage medium and make backup copies of the Software, as long as such use and backup copies are for Your own personal use only, during Your use of the Circle Games, and in accordance with the Contracts, and that such installation and use is done on a computer or other device on which You are the main user. The Software structure, organisation and code are valuable trade secrets belonging to the Group and/or companies affiliated with the Group and/or its licensors. You are not granted any rights over the Software other than the right to use it in accordance with the Contracts. Unless other stipulated by law, You are strictly prohibited from modifying, adapting, converting, reverse engineering, decompiling, disassembling or trying to discover all or part of the Software source code by any other means, or from creating, publishing or distributing works derived from the Software. You agree that the Software may not be shipped, transferred or exported to another country and may not be subject to use in violation of any applicable law, restriction or regulation.
28.5. Joint Gambling/Casino Platform and Database
We reserve the right, without being under any obligation, to implement and use a shared gaming tables, servers or database system ("Joint Gambling/Casino Platform") enabling players from other sites or brands of the same Gambling/Casino Platform to join the game, table or tournament with users of Circle Games. By using a Shared Gambling/Casino Platform, You acknowledge that You may, at Our sole discretion, join such joint games/tables and that, if You fail to comply with the general terms and conditions of any one of the Joint Gambling/Casino Platform sites or brands, We may ban You, fully or partially, from accessing the entire system, which means You will not be able to play on any site or brand through the Joint Gambling/Casino Platform.
28.6. Play-Money and Real-Money Accounts
"Play money" has no real value and is separate from "real money". It cannot be transferred to a real-money Account and it cannot be converted into currencies. We do not undertake to keep a record of the exact number of play-money chips You hold and these may be lost at any time. We also reserve the right to cap the number of chips permitted in play-money Accounts.
28.7. In-Game Dispute Resolution
You accept unreservedly that random number generator ("RNG") software is used to shuffle and deal cards and complete any other random acts necessary for the Non-Banking Card Games Services. In the event of a discrepancy between the result given by Our Software (as installed on Your hardware and run by it) and that on Our server, the result on Our server will prevail. You also understand and agree (without prejudice to the other rights and remedies available to You) that Our logs will determine the terms of Your use of the Non-Banking Card Games Services, of the resulting activity, and of any conditions under which said activity takes place, with no right of appeal.
28.8. Liquidity Sharing
To support liquidity sharing at European level, where authorised by the National Gaming Authority, We reserve the right, without being obliged, to implement a shared liquidity fund with other players based in France and Spain ("Shared Liquidity Fund"). The Shared Liquidity Fund may be implemented at Our sole discretion, for one or more games, tables or tournaments. You will only be able to participate in games, tables or tournaments provided for players in all regions if You have a Permanent Account.
Any form of fraudulent activity on the partypoker Platform is strictly prohibited. Fraudulent activity may include, without this list being exhaustive, the use of stolen bank cards, fund transfers to other players' Accounts ("chip dumping"), tampering, collusion and providing false registration details or other requested information. In addition to any other remedy available under these Poker GTCU, BES may, in the event of any kind of fraudulent activity, take legal action and/or claim damages.
28.9.1 Anti-Cheating Policy
Any form of cheating on the partypoker Platform is strictly prohibited.
We undertake to prevent the use of unfair practices, including, without being limited to, collusion between players, non-human players ("bots"), chip dumping (the act of deliberately losing chips to an opponent You are colluding with), scripting (the act of using third-party software to automate the table selection process based on criteria such as tables with the largest pots or those with the most player hands per hour, etc.), and other forms of inappropriate behaviour that may secure an unfair advantage for players over the site's other players, as detailed below.
We also undertake to detect and prevent the use of software designed to enable artificial intelligence to play on Our Platforms, including, without being limited to, opponent profiling software, cheat software or any other element which may gain an unfair advantage for You over other players who are not using such programs or systems ("AI Software").
You acknowledge that We will take measures to detect and prevent the use of such programs and AI software by using methods (including, without being limited to, reading the list of programs running) and You undertake not to use any AI Software and/or such programs.
If We suspect that a player has been involved in one of the practices described in this clause 29.4, or in any other unfair or fraudulent practice, We will take measures, such as the blocking/forfeiture of their Account, freezing of the funds in question, closure of a promotion or withdrawing a player's right to participate in a promotion, and initiate proceedings to retain the funds in dispute in such Accounts.
No player may ask Us to take other measures against players suspected of collusion, cheating, scripting or any other form of unfair or fraudulent behaviour.
Our software may perform one or more of the following functions to detect the use of prohibited programs and ensure that We maintain an environment without cheating for all users:
(1) Scan the list of software applications active while You are using the Platform;
(2) Analyse Your list of active processes while You are using the Platform; and
(3) Analyse Your installation files and site program documentation to ensure that only unhacked versions of Our software are being used.
28.9.2 Collusion and Cheating
Any form of cheating is strictly prohibited on partypoker.fr. You are not permitted to gain an advantage over other players, including, without being limited to, by sharing information about hole cards with another player at the table, by sharing any information not available to another player, by devising a coordinating strategy with another player, by agreeing to share the winnings from a game, tournament or promotion in one of Our gaming offers. If You suspect other players at a table of collusion, You can report this information by sending Us an email with as much information as possible about the incident to firstname.lastname@example.org. If We have reason to believe that You have breached this clause 29.4.2, We will take the following measures: freeze the funds in question, Account forfeiture and/or confiscate the funds in question after taking legal action before the French courts.
28.9.3 Third-Party Tools
There are certain tools that, if a player is found to be using them in any way whatsoever in connection with the Partypoker client, are strictly prohibited. If We have reason to believe that You have breached one of the sections of this clause 29.9.3, We will apply restrictions to Your Account, including Account forfeiture, freezing the funds in question and/or confiscating the funds in question after taking legal action before the French courts.
Any player using prohibited tools in a game may have their Account blocked for an initial period of seven (7) days. This seven(7)-day period will run from the date the player receives the email informing them of the block.
If that same player uses any prohibited third-party tools again in another game, their Account may be closed.
220.127.116.11 Prohibited Third-Party Tools
The use of any tool that allows a player to do the following is strictly prohibited at all times:
- Any tool designed to get around Our restrictions on downloadable hand history. Example: PokerReader, PokerPlaner, etc.
- Any tool that plays without human intervention (a "bot"). Example: Warbot, OpenHoldem, etc.
- Any tool that makes decisions for a player or advises them on decisions, thereby reducing the human element of the game ("assistance software").
- Any tool that automates the seating process for a specific table or game based on a defined set of criteria, such as statistics or player notes (a "seating script"). Example: HirokuScript.
- Any software or virtual machine tool that specialises in screen sharing and remote access. Example: VMWare, VirtualBox, etc.
18.104.22.168 Authorised Third-Party Tools
Analysing hand history helps players to discover patterns, strengths and weaknesses in their gameplay (and that of their opponents) and see where they can improve. We provide full hand history statistics in Our software but We recognise that some players may want more specific details.
Programs that collect hand history to establish a player's gaming profile and/or that of opponent players at the same poker table are permitted. Such programs include PokerTracker, Hold'em Manager and Hand2Note in particular.
28.9.4 Chip Dumping
Chip dumping occurs when a player deliberately loses a hand to give their chips to another player. Any player We may have reason to believe is participating in, or attempting to participate in, chip dumping with another player while using Our Platform may be permanently banned from using the Platform and their Account may be closed and/or the balance in dispute may be confiscated by court order. If You suspect a player is involved in chip dumping, You can contact Us by email on email@example.com.
28.9.5 Big Blind Abuse
"Buttoning" (in other words, leaving the game without paying the blind) is prohibited in heads-up cash games. At the start of a heads-up cash game, the player on the button must play an equal amount of small and big blinds. The player on the button in the first hand must end the game in a hand where their opponent is on the button.
Any player guilty of buttoning during a game may have their Account blocked for an initial period of seven (7) days. This seven(7)-day period will run from the date the player receives the email informing them of the block.
If that same player is found guilty of buttoning again in another game, their Account may be closed.
Queueing is when a player, or group of players, intentionally tries to alter or avoid specific opponents in games where registration is "blind". In other words, You should not be able to choose Your opponents.
Any player believed to have intentionally manipulated Our registration process will be in violation of this agreement and We reserve the right to place restrictions on their Account, including Account forfeiture, freezing of the funds in question and/or confiscating the funds in question following legal action before the French courts.
Any player who tries to manipulate the registration process for a game, in particular by queueing, may have their Account blocked for an initial period of seven (7) days. This seven(7)-day period will run from the date the player receives the email informing them of the block.
If that same player is found guilty of manipulating the registration process again, in particular by queueing, in another game, their Account may be closed.
28.9.7 Buy-In Obligations in Fastpoker
Fastpoker is the ultra-fast cash game format that allows players to play thousands of hands every hour with no waiting.
Fastpoker is played in the same way as any online cash game except that 1) the player does not play at a fixed table since they are part of a group of players split across multiple tables; 2) the player does not have to wait for their turn to fold. The player simply clicks the "Fast fold" button and receives new cards at a different table.
Ratholing or Going South are common terms for the behaviour of a player who withdraws some of their chips to reduce their stake in a game. In practice, this is what a player does when they leave the fastforward table and immediately sit down again with a lower buy-in than they previously had on the table.
A player is not permitted to leave the fastpoker session and rejoin immediately with a stack that is lower than they had in the previous session. To re-register with a lower stake, at least 40 minutes must have passed. This is then considered a new gaming session, as is the case with Our cash games.
Accounts that systematically abuse this feature will receive a warning and persistent behaviour may result in additional sanctions against the Account (in other words, Account forfeiture, freezing of the funds in question and/or confiscation of the funds in question after legal action before the French courts).
Any player found guilty of this practice of withdrawing some of their chips to reduce their stake before immediately re-registering with a lower stack than they had in the previous session during a game may have their Account blocked for an initial period of seven (7) days. This seven(7)-day period will run from the date the player receives the email informing them of the block.
If that same player is found guilty of this practice again in another game, their Account may be closed.
29. VIP MEMBERSHIP
We may offer, withdraw or cancel any membership of any loyalty scheme is at any time. You will receive the applicable specific terms and conditions.
Please note that, for all intents and purposes, membership of Our loyalty schemesis at Our sole discretion and We may review Your member status of the same at any time.
Acceptance of these GTCU will be deemed acceptance by the user to benefit from the escrow account guarantee.
PLEASE PRINT OUT THESE GENERAL TERMS AND CONDITIONS OF USE AND KEEP THEM FOR FUTURE REFERENCE. WE ALSO RECOMMEND YOU PRINT OUT AND KEEP ALL YOUR TRANSACTION RECEIPTS AND GAMING RULES APPLICABLE TO YOUR ACTIVITIES.
If You have any questions, Our Customer Relations Team is available 24/7.
By clicking "Submit" or "I agree", You agree to be bound by this contract.