General Terms and Conditions
Date of issue: 01.01.2015
1.1. These Terms and Conditions shall govern your access to and use of the site www.everestpoker.com whether accessed through the online webpage or through mobile phones, smartphones, or tablets (referred to herein as the “Site”). Please read these Terms and Conditions carefully before you start to use any section of the Site.
1.2.Mangas Gaming Malta Limited is a company registered in Malta with company registration number C 46185 and having its registered office at Level 3, Tagliaferro Business Centre, High Street c/w Gaiety Lane, Sliema, Malta ("Everest Poker", “we”, “us”, “our”). It forms part of the Betclic Everest Group.
1.3. In relation to our poker games:
1.3.1. Everest Poker is licensed and regulated to provide its services under the following licenses by the Malta Gaming Authority (MGA), Suite 1, Level 3, TG Complex, Brewery Street, Mriehel, Birkirkara BKR 3000. These licences authorise us to provide online betting and gaming services through the Site (“the Services”):
i) LGA/CL3/1017/2014.Operated in conjunction with PT Games Limited and issued on the 25th July 2014;
1.4. Any reference to "you" and "yours" refers to you, the user of the Site.
1.5.By clicking the "I agree" button on the registration page, you agree that you have read, understood and are bound by these Terms and Conditions. These Terms and Conditions are made up of:
(i) these Terms and Conditions (including the terms and conditions applicable to Mobile
(ii) the Privacy & Cookies Policy ;
(iii) any terms and conditions and or rules with regards to promotions, bonuses and special offers which may apply from time to time;
(iv) our game rules (including, where applicable, the Poker Official House Rules, the Terms and Conditions of specific promotions which may exist on the Site from time to time and which can be found on the webpage dedicated to the specific promotion in the relevant section of the Site) (the “Game Rules”)
1.6. If you do not agree with these Terms and Conditions, in all or in part, or do not wish to be bound by them, you should exit the Site immediately and where applicable, remove any software that has been downloaded from the Site onto your computer without delay. Your continued use of the Site will constitute acceptance of these Terms and Conditions.
We reserve the right to make changes to the Terms and Conditions at any time. We will ensure that any significant changes to the Terms and Conditions will be notified to you by an appropriate method (for example, by email or via a notice on the Website). However, it remains your responsibility to check the Terms and Conditions from time to time to ensure that you agree with them, and your continued use of the Website will be deemed to be your acceptance of any changes we may make.
3.1. In these Terms and Conditions, unless the context otherwise requires:
3.1.1. references to these Terms and Conditions include references to these Terms and Conditions as varied, supplemented and/or replaced in any manner from time to time;
3.1.2. in the event of any conflict between these Terms and Conditions and any other document referred to in these Terms and Conditions, these Terms and Conditions shall prevail.
3.1.3. references to clauses or sub-divisions are references to clauses and sub-divisions of these Terms and Conditions;
3.1.4. clause headings are for reference only and do not affect the interpretation of these Terms and Conditions;
3.1.5. references to “wagers” includes a reference to “bets” and “stakes”;
3.1.6 references to servers or “our servers”, where applicable, includes a reference to Everest Poker’s servers and to third party servers which are used in order to provide you with our Services on or through the Site.
4.1. In order to make one or more wagers on the Site, you must open an account with us (“Account”). You can apply for an Account to be opened by completing the online application form at Everest Poker Registration Page. It is only by completing the full online application form at the aforementioned link that you are considered to be an Account holder and can play for real money on the Site.
4.2. By applying for an Account you represent and warrant to us that:
4.2.1. you are at least eighteen (18) years old or the age of legal consent for engaging with the Services under the laws of the jurisdiction in which you are located while using the Site, whichever is the higher. You understand that use of our Services is not suitable for minors and that you will not assist a minor to apply for or use an Account.
4.2.2. you will comply at all times with these Terms and Conditions;
4.2.3. you will not abuse in any way or manner any online betting or gaming or any bonus offer or other promotion scheme offered by us;
4.2.4. all information provided to us by you, either upon application for an Account, subsequently or in connection with your Account (including, but not limited to, name, surname, date of birth, place of residence, email address and telephone number) is complete, accurate, current and not misleading and that you will inform us immediately if there is any change to such information;
4.2.5. you have accepted to receive information about bonus offers and other information from Everest Poker or from any member of the Betclic Everest Group (as defined in Clause 4.3) will be receiving information from Betclic Everest Group and its subsidiaries. Should you not wish to be informed of bonus and other offers you are entitled to unsubscribe by following the link and the steps outlined on our Privacy & Cookies Policy;
4.2.6. you understand that there is a risk of losing money by gambling or playing games on the Site and that you are fully responsible for any losses incurred;
4.2.7. you do not already have an Account with us, had your Account suspended or closed by us in accordance with the Terms and Conditions or are currently self-excluded;
4.2.8. you should not have unreasonable expectations about the winnings you can make through gambling on the Site. You acknowledge and understand that a small proportion of customers may suffer from a gambling addiction and often require professional assistance in order to deal with and overcome their addiction. Please refer to our Responsible Gaming page, available via a link at the bottom of each page on the Site, to familiarise yourself with the responsible gaming measures offered by Everest Poker and for a list of local organisations which may be able to assist you;
4.2.9. that the source of all monies used by you on the Site is not illegal and that you shall not use the Site for any unlawful or fraudulent activity, including but not limited to money laundering under the laws of any jurisdiction that applies to you;
4.2.10. you acknowledge and understand that criminal and/or civil proceedings may be brought against you and any other person(s) in connection with your involvement in any of the abovementioned activities, and we reserve the right to pass on, at our sole discretion, any information to the appropriate authorities for further investigation in the event that any of the above activity is suspected or otherwise linked to your account, and without providing you with notice of our intent for so doing. You note that we will report to the relevant authorities upon the slightest indication of any transactions and/or activities indicating potential money laundering. You hereby agree to waive any and all rights you may have, at law or otherwise, of whatever nature and in whatever jurisdiction to the fullest extent possible, in connection with such disclosure. In addition, we reserve the right to hold any funds we suspect to be in connection with unlawful or fraudulent activity and we shall be under no obligation to provide you with a reason for so doing.
4.3. You may not apply for an Account or use any of our Services if you or a member of your household are or have in the last two years been our employee or an employee of any company within the Betclic Everest Group. For the purposes of this clause 3.3, "employee" includes third party contractors such as licensors, software suppliers, developers or partners and all those persons in any way affiliated with any member of the Betclic Everest Group. A “member of the Betclic Everest Group” refers to each and every entity in which Betclic Everest Group SAS France holds a majority holding.
4.4. You may not apply for or open an Account if you are not acting as principal and are acting on behalf of someone else or for someone else’s benefit.
4.5 We reserve the right to close an Account and to retain the balance on that Account where we have reasonable suspicion that the Account is being used or controlled by a person other than the person named as the registered account holder and/or where we have reasonable suspicion that the Account is being used in a fraudulent manner or otherwise in connection with one or more marketing affiliates of the Betclic Everest Group.
4.6. Save as specifically stated in 4.7 below, funds deposited in one Account cannot be transferred to another Account. Poker chips cannot be transferred between Accounts.
4.7. You may only hold one Account with us at any single point in time. We reserve the right to close any multiple Accounts opened in the same name or in any way referable to the same person. At Everest Poker’s sole discretion and in the event that we consider that multiple Accounts have been opened in genuine error, we may agree to credit one Account which you have opened with us with any balance remaining on your additional Account(s). Should we have reasonable grounds to believe that fraud has been committed or attempted, we reserve the right to cancel any related transaction, any bonus or any other promotion without prejudice to any other action. In these Terms and Conditions, a reference to ‘fraud’ shall be deemed to include ‘bonus abuse’. Bonus abuse includes, but is not limited to, opening more than one Account in order to claim an additional bonus or benefit. Only one account may be opened per IP address and/or computer device.
4.8. You shall not permit any third party to use your Account, and you are fully liable for any losses incurred by a third party on your Account. You shall inform us immediately if you suspect that a third party has obtained access to your Account, and you shall assist us fully in our investigations into the matter.
4.9. You understand that funds deposited into your Account do not earn any interest and you must not consider Everest Poker as any form of financial or banking institution.
4.10. You understand and accept that Everest Poker strictly prohibits the use of robotic, automated, mechanical, electronic or other devices to make automated decisions in any game or in respect of any bet on the Site, whether such use is attempted or affected by you or by any third parties. Should Everest Poker have reasonable suspicion that any such device is being used on the Site, Everest Poker reserves the right to void any bet or stake that it suspects has been made using such a device and/or exclude any customer from any promotion or competition in which it suspects such a device has been used and/or suspend the Account in question pending investigation into the matter and/or terminate the Account at its sole discretion. Everest Poker considers the use of such devices to be tantamount to fraud and reserves its right in such a case not to refund any balance on the Account at the time of termination and to cancel any pending bets or games.
4.11. You understand and accept that you are prohibited from utilising an external resource which is designed to provide a player with an unfair advantage over other players. Such prohibited external resources may include, but are not limited to, third-party software applications and databases as well as websites, web-based databases, subscription services and the assistance of any other person regardless of whether or not that person is also the holder of an Everest Poker account. An “unfair advantage” is defined as the obtaining and/or compilation of any information about other Everest Poker players other than that which you have personally observed through your own gaming activity. Everest Poker may terminate the account and withhold the balance on the account of any player found to be benefiting from an unfair advantage.
4.12. Everest Poker reserves the right to terminate an account, ban a player and retain all funds where that player is reasonably suspected of engaging in fraudulent activities which include, but are not limited to, use of stolen or falsified credit cards or account numbers, chip dumping, forgery, collusion, and submission of data or documents which are forged, stolen or otherwise misappropriated.
4.13. You understand and accept that we do not warrant in any way or manner that your use of the Site is legal in any jurisdiction and that it is your responsibility to ensure the legality of your actions. We cannot provide you with any legal advice as to the legality of internet gambling in your jurisdiction, nor can we accept any liability whatsoever for any punishment imposed upon you by any relevant authority as a consequence of the illegal use of the Site. We request that you take your own steps to ascertain the legality or otherwise in the jurisdiction in which you are situated prior to attempting to access and play on our Site.
4.14. You must not apply for or open an Account if you are located in a jurisdiction in which applying for or opening an Account and/or using our Services is unlawful or contrary to any applicable regulation (“Prohibited Jurisdiction”). It is your responsibility to ensure that this is not the case. We reserve the right to immediately suspend your Account if we discover that your Account has been opened, or is being used, from a Prohibited Jurisdiction. “Prohibited Jurisdictions” include France, Italy, the United Kingdom, the United States of America and other jurisdictions in which we do not operate.
4.15. An Everest Poker account may only be held by an individual. For the avoidance of doubt, company accounts are not permitted.
4.16. Everest Poker reserves the right, at all times, to transfer and/or license, without prior notice, right, liability and/or operation of an Everest Poker.com account to another legal entity, subject to Everest Poker guaranteeing the fulfilment of the transferred liability.
5.1. When you apply for an Account, and at any time while you hold an Account with us, you accept that we may:
5.1.1. ask you for proof of your identity, age and origin of funds and, even if your Account has been opened, to block it at our discretion at any time if we are not satisfied with the information with which you have supplied us or in the event that there is delay in supplying the requested information;
5.1.2. request a photograph of you holding your colour identification document(s) where we have doubts as to the veracity of the account holder’s identity;
5.1.3. void and return any stakes placed and to prohibit your play until your identity, age and/or origin of funds is verified to our satisfaction;
5.1.4. terminate your account with immediate effect and to retain all funds on the account in the event that there is reasonable suspicion of fraudulent activity including, but not limited to, provision of fraudulent personal details, forged, altered or stolen identity or financial documents or registration of multiple accounts.
5.2 Everest will only accept colour copies of identification documents.
5.3. Documentation should be sent to email@example.com or through our Website (login required) at the Documents page via the “My Account” section. We recommend that all players send us their official personal identification documents upon registration of their account.
5.4. We reserve the right, at our own discretion, to conduct checks against registered details of applicants and players to ensure the accuracy of information provided and we shall be entitled to demand further evidence as to an applicant's age, capacity to legally contract with us, country of residence or any other information at any time in the future.
6.1. The personal information that we reserve the right to require for registration is: first name; surname; gender; date of birth; place of residence; email address; phone number; language; currency; passport or ID card number and secret question. You will also be required to provide login details of your choice, namely a username, password and an answer to the secret question which will be kept by us. It is your responsibility to ensure that all the details provided by you on the registration form are accurate and kept up to date as we are required under applicable legislation to cross-check the details entered by you with identity and payment documents for the purposes of verifying your identity. You can access and edit some of your personal information at any time in the 'My Account' section of the Site or by contacting Customer Service. You may also delete the details of a debit or credit card at any time, and/or register a new card. Failure to inform us of such changes may result in transactions being declined by your bank, building society or credit card Company, and we shall not accept any liability or responsibility for transactions that are declined as a result of your failure to provide us with correct personal details. It is also your responsibility to protect your debit and/or credit card for loss or theft, and you should contact Customer Service immediately should your card be lost or stolen. Please note that no changes may be made to your first name, last name and date of birth as originally entered upon registration, unless you provide us with evidence to our satisfaction that these, and any other personal details, have been legally changed according to the laws of the jurisdiction in which you reside. Further, proof of new address is required in order to change the address which you originally provided upon registration. In addition, no changes may be made to your user name as originally entered upon registration.
6.2. The username you choose must not be obscene, threatening, menacing, racist, offensive, derogatory, defamatory or in violation of any intellectual property or proprietary rights of any third party and if we consider, in our sole and absolute discretion, that the username selected by you is inappropriate we reserve the right to reject and prevent your use of such username at any time with or without notice to you.
6.3. After you have created an Account with us, you will subsequently be required to enter your username and password in order to access your Account and make use of our Services. Your username and password should not be disclosed to any third party and you are solely responsible for all actions that take place as a result of access to the Service via your username and password. In such a case, you accept full responsibility for the consequences of allowing such access and activity and, without derogating from the generality of any other indemnity contained herein, you indemnify and hold Everest Poker harmless in respect of any damages arising from the same. Any breach of these Terms and Conditions by anyone to whom you disclose your password will be treated as a breach by you.
6.4. In the event that you forget your password, or that your password becomes, or you suspect that it may become, known to any unauthorised user, you will immediately notify us of such event.
6.5. After five consecutive incorrect entries of a username and password combination, your Account will be temporarily suspended for security reasons and we will require you answer security questions and/or to send us an official photographic proof of identity, being a National Identity Card, Passport or Driving Licence in order for the Account to be reactivated.
6.6. We reserve the right to change your password and/or Account name at any time in our sole and absolute discretion, and we will notify you of any changes made to this/these by using the contact details with which you have provided us.
6.7. We shall assume that any transaction undertaken after a correct and matching username and password are entered is made by the rightful Account holder, and therefore valid. To the fullest extent permitted by law, we will not be liable for any loss suffered by you as a result of any unauthorised use or misuse of your personal details. To protect both you and us against identity fraud, we reserve the right to request, at any time, satisfactory colour proof of identity with a photo (copy of a valid passport/identity card/Government ID/Driving Licence) and/or a copy of any cards used and/or proof of address (recent utility bill or bank/credit card statement). Failure to supply such documentation may result in suspension of the Account.
6.8. We will employ strict security measures to protect the security of the personal information which is held by us from any unauthorised access. You are solely responsible for the security, and maintaining the secrecy of, your username and password and for all actions that take place as a result of access to the Services via your username and password.
6.9. Your personal information is strictly confidential and will be used by us, and where necessary by one or more Betclic Everest Group companies, to set up and manage your Account, to build up customer profiles and to provide you with the opportunity to engage with the Services available on the Site. If you have opted to receive bonus offers and other information from Everest Poker, we may also use your personal information to send you direct marketing emails, letters by post and SMS messages from us regarding new products and/or offers which we think may be of interest to you whether they are offered by us or by another Betclic Everest Group company. You may receive such direct marketing emails, letters by post and SMS messages once you have registered an Account with us even if you have not placed any wagers or deposited any funds into your Account. Please see our Privacy & Cookies Policy for information on how to unsubscribe. If you have “opted in” to receive commercial offers from select partners of the Betclic Everest Group, you will receive such offers via email unless you unsubscribe from this service in the ‘Newsletters’ section of your Account.
6.10. We reserve the right to pass on personal information to third parties, such as government institutions, where we are requested or required to do so in order to comply with any applicable law, regulation, legal process, court order or governmental request.
7.1. Transactions can be made in the following currencies: Euros (EUR / €), British Pounds (GBP / £), Polish Zloty (PLN / zł), Hungarian Forints (HUF), Czech Koruna (CZK), Swedish Kronor (SEK), Norwegian Kroner (NOK), Brazilian Reais (BRL), Swiss Francs (CHF) or United States Dollars (USD). The currency you use must be the same currency that you selected as your chosen currency when you first opened your Account. We reserve the right to add or remove currency options at our discretion. We reserve the right to suspend the placing or payout of wagers and/or wins respectively in certain currencies and to pay the balance in the currency corresponding to your Account.
8.1. When you open an Account we require you to make a minimum deposit before you can bet or play. The minimum deposit you can make is €10, £8, 15 PLN, 1000 HUF, 150 CZK, 100 SEK, 80 NOK, 20 BRL, 12 CHF or 15 USD. You can make a deposit at any time online using your debit or credit card, e-wallet, pre-paid voucher or via bank transfer. Cash and/or cheques are not an accepted method of deposit. Certain payment methods may not be available to you, depending on certain factors such as jurisdiction and currency. The available methods will be listed when you click on "Credit".
8.2. We reserve the right to request further information and documentation regarding your age, identity and place of residence following any deposits or prior to any withdrawals, in particular prior to your first withdrawal, in order to prove your identity before we release funds to you. We also reserve the right to request such information and documentation about any person who affects a deposit on your Account. Such information and documentation (as Driving Licence, Government ID, Bank/Credit card Statement) will enable us to check that the personal data given during your registration corresponds to what appears on the document. In the event that this data is different, we reserve the right to cancel the bets along with the payment of the account balance to you, unless you can demonstrate your entitlement to the balance by some other means.
8.3. Deposits made to your Everest Poker account should be commensurate with game play. Therefore, if in Everest Poker's discretion, there is suspicion of abuse (for instance, where a deposited amount has not been used for an appropriate level of game play and the user then makes a withdrawal request in relation to that deposited amount or where Everest Poker suspects that you are abusing exchange rate fluctuations), Everest Poker reserves the right in its absolute discretion to cancel the respective deposit(s) in part or in full, to retract any costs that may have resulted in conjunction therewith and to close the Everest Poker account indefinitely. Everest Poker further reserves the right to request and obtain satisfactory proof of deposit and additional copies of personal identification in such instances prior to processing any withdrawal request, the processing of such request to be entirely at Everest Poker’s discretion.
8.4. It is your responsibility to notify our Customer Support services immediately should funds be credited to your Account in error. Should fund be credited in error, said funds may be frozen and eventually withheld by us. We further reserve the right to void any transactions placed using them, including related winnings paid out in error. We reserve the right to set-off any subsequent winnings owed to you to satisfy this liability.
8.5. Subject to clauses 8.2, 8.3 and 8.4, funds can be withdrawn at any time, except for when you have not fully unlocked a bonus that you have received. For the rules surrounding the unlocking of bonuses, please see the relevant section of these Terms and Conditions on the Official House Rules within the Poker universe as well as the terms and conditions applicable to specific promotions which can be found on the promotion home page on the Site.
8.6. Subject to these Terms and Conditions, including without limitation subject to clause 8.10, you can make withdrawals from your Account up to your current available balance at any time.
8.7. In accordance with our anti-fraud policies, we reserve the right to pay any requested withdrawal partly or in total via the same method of payment through which one or more deposits were made. We further reserve the right to pay any requested withdrawal directly to your bank account.
8.8. Any withdrawal from your Account for an amount greater than or equal to 15 EUR, 3,000 HUF, 330 CZK, £10, 30 PLN, 150 SEK, 120 NOK, 30 BRL, 18 CHF or 20 USD is free of charge, any withdrawal of less than the mentioned amounts or for any withdrawal for whatever amount placed within seven (7) days of your last withdrawal request, a charge may be imposed for administrative costs. This sum will be notified to you upon your attempt to withdraw and will be deducted automatically from the amount transferred from the Account to your bank account. We reserve the right to impose an administrative charge should you make any withdrawal involving a deposit that has not been staked. Additional bank charges associated with payments made will be charged to you. The minimum amount you are permitted to withdraw may depend on the payment services provider which you use to withdraw the funds.
8.9. Minimum and maximum withdrawal amounts apply to withdrawals made by a Debit/Credit Card. These limits vary according to card provider and are clearly displayed when you make a withdrawal from your Everest Poker account. For all currencies except BRL and USD, each withdrawal made by Moneybookers and Neteller must be no greater than 10,000 EUR or currency equivalent in one transaction. In relation to BRL and USD, each withdrawal made by Moneybookers must be no greater than 21,000 BRL or 12,000 USD in one transaction and each withdrawal made by Neteller must be no greater than 27,000 BRL or 15,000 USD in one transaction. Withdrawals made by debit or credit card may only be made to the card you have registered to your Account and deposited funds with. Cash and/or cheques are not an accepted method of withdrawal.
8.10. Any deposit made into your Account via Multibanco must be no greater than €2,500 in one transaction. If the deposit is greater than €2,500, the transaction will be rejected.
8.11. In the event of a promotional campaign or competition, for which we credit an amount to your Account, you are entitled to the use of such amount only for the sole purpose of wagers made on the Site. You are not entitled to withdraw such amounts, unless stated otherwise in the terms and conditions of the promotional campaign or competition. We reserve the right to reclaim those amounts if you do not use them to place one or more wagers on the Site during the period specified in the promotion.
8.12. Everest Poker reserves the right in its sole discretion to amend its deposit and withdrawal limits and thresholds subject to compliance with applicable laws.
8.13. Please note that a copy of your transaction records which can be located in the ‘My Account’ section of your Everest Poker account.
9.1. Please note that we apply a standard 2% handling fee for each deposit made via debit or credit card for amounts of less than 100 EUR, 20,000 HUF 2,200 CZK, 400 RON, 800 NOK, 100 BRL, 100 USD or an equivalent amount in British Pounds or Polish Zloty. This fee will automatically be billed to the respective user's credit card. Transactions made via credit card for 100 EUR, 20,000 HUF 2,200 CZK, 400 RON, 800 NOK, 100 BRL, 100 USD or an equivalent amount in British Pounds or Polish Zloty or more do not incur a handling fee. Withdrawals from your Account can be requested at any time provided all payments made have been received.
9.1. Your Account is personal to you. You shall not allow others to use your Account, to play any games through your Account, or to accept payment of any wins, bonuses or prizes. In particular, you shall use your best efforts to prevent minors and other vulnerable people under your guardianship from using your Account. Any attempt by a minor to register for an Account or by a player to assist a minor in registering for an Account or any activity on an Account by a minor may be reported to local prosecution authorities.
10.2. Wagers are only valid if accepted by our servers. Until acceptance of the wager by our server, all information displayed relating to a wager or to a game constitutes an invitation to play and/or wager only.
10.3. All bets struck with Everest Poker are considered to be placed and received in Malta. Any contract(s) between Everest Poker and the customer are deemed to have been formed in Malta.
10.4. In order to place a wager you must have sufficient funds in your Account.
10.5. Only wagers placed from your Account will be accepted and any winnings you make using our Services will be credited to your Account. Subject to these Terms and Conditions you can make deposits or withdrawals through your “My Account” page.
10.6. We reserve the right to refuse or limit any wager(s) at our sole discretion for any reason whatsoever. In circumstances where a wager is deemed to be or is declared void by us any sum deducted from your Account with respect to that wager shall be credited to your Account.
10.7. We will perform security checks on random occasions and at our sole discretion. You accept that we may demand additional information in the event of a security check and that we may suspend and/or terminate your Account, registration or withhold your payment until we receive the appropriate information that we have requested.
10.8. Any inactive Account where your balance is preserved will be reviewed regularly and we will attempt to notify you, via email, at your registered email address of any remaining funds held in your Account. Should an Account remain inactive (no gameplay, transactions, valid withdrawals or deposits) for a period of at least 12 months, it will be classified by us as ‘dormant’ and a maximum administrative fee of 5 EUR (or an equivalent amount in GBP, PLN, HUF, CZK, SEK NOK, BRL, CHF or USD) per month shall be deducted from your Account thereafter. You will receive email notice of at least fourteen (14) days before the first deduction. The deductions may be viewed in your Account under ‘My Transactions’. The deductions shall cease should you reactivate your Account but the administrative fees already deducted will not be reimbursed. You can reactivate your account by making one or more wagers or transactions including a valid withdrawal or deposit. You are free, at any time, to withdraw any funds which you are entitled to and which are held by us on your Account.
10.9. We reserve the right to modify, suspend or withdraw use of any and/or all gaming services, temporarily or indefinitely, at any time, without notification or compensation, subject to compliance with our regulatory requirements and fulfilment of any outstanding commitments under these terms and conditions.
11.1. You can play Poker for free on our Site once you have created an Account.
12.1. Everest Poker (our downloadable poker service) is provided to you under MGA Remote Gaming Licence number LGA/CL3/1017/2014, issued by the Malta Gaming Authority. Subject to these Terms and Conditions, the service which we provide allows you to download poker software (the “Poker Client”) onto your computer system and to access the iPoker network. Your use of our poker services and participation in one or more poker games through the Poker Client is subject to the Official House Rules located in the Poker universe on the Site and to the iPoker End User Licence Agreement which you are required to accept upon first download of the poker software.
12.2. Further details of our Poker Rules can be found in the Official House Rules in Everest Poker on the Site. By playing on Everest Poker, you warrant that you are familiar with the rules of any game in which you participate and acknowledge that the rules of the games are available on the Site and/or in the ’Help’ section of the poker client.
13.1. Declaration and payment of any and all applicable taxes and fees in connection with any winnings awarded to you and any other payments to you are your sole responsibility. Winnings cannot be transferred, substituted, or redeemed for any other consideration.
14.1. By accepting any prize and/or winnings from us in any one or more games you irrevocably consent to the use of your username and/or your first name plus the first initial of your surname for advertising and promotional purposes without any additional compensation. We may also contact you in order to request your permission to display further details about you for advertising and promotional purposes.
14.1. In the event that you breach any of these Terms and Conditions, we reserve the right, at any time, without prior warning, notification or compensation, and without prejudice to any subsequent legal proceedings which may be taken, to suspend or close your Account, to deny access to all or part of our Services, particularly to refuse to accept any bets or transactions, or to withdraw promotional offers pending investigation and/or the conclusion of any legal proceedings. Any positive balance existing in your Account pending investigation and/or following the conclusion of any legal proceedings may be used on account of any damages or sums owed by you to us.
15.2. We reserve the right to fully cooperate with law enforcement and other authorities, including the Government of Malta, the Malta Gaming Authority, in investigating claims of illegal activity on the Site.
16.1. Either we or you are entitled to terminate this Agreement at any time. Closure of your Account represents termination of this Agreement. In the event of any re-activation or re-opening of your Account by us, these Terms and Conditions will again govern your access to and use of the Site.16.2. In the event of termination by us:
16.2.1. We reserve the right to close your Account with immediate effect and, on reasonable suspicion that you have committed, or have assisted someone else to commit, any fraud or breach of these Terms and Conditions or other illegal act, we reserve the right not to refund to you any balance on your Account at the time of termination.
16.2.2. If we decide to return all or part of the balance on your Account at the time of termination, you are required to contact us upon receipt of our email informing you of our decision, confirming to us that you wish to withdraw the permitted amount, following which the funds will be returned to you. Your Account will be closed.
16.3. In the event of termination by you:
16.3.1. The funds on any Accounts that are closed with a positive balance will not be returned to you until you have sent a withdrawal request and provided us with the bank account details needed to return the balance to you. You can close your Account via the Site or you can request that we close your Account. In the case of any Accounts which are closed but which have outstanding/pending registrations for poker tournaments, those outstanding/pending registrations will not be cancelled and it is your responsibility to contact us to arrange to transfer to your bank account any winnings resulting from the outcome of such bets once settled.
16.4. Upon termination of this Agreement whether by us or by you, you agree and acknowledge that (i) your rights to use the software, whether in download or non-download form, that either is owned and/or created by us, or which is used by us under licence and made available to you on or through the Site (“Software”) - shall immediately terminate, and (ii) you will cease any and all use of the Software, and (iii) you will remove and permanently delete the Software from your computer, hard drives, networks and other storage material.
16.5. Upon termination of this Agreement whether by us or by you, then except as otherwise specifically provided and subject to any rights or obligations that have accrued prior to termination, neither we nor you shall have any further obligations to the other.
16.6. Unless and until your Account is closed by either us or you as specified above, your Account shall not be closed.
17.1. You accept to fully defend and indemnify us (including for reasonable legal expenses), our representatives, directors, agents and employees, along with any relevant Betclic Everest Group Company (including for reasonable legal expenses) and their representatives, directors, agents and employees, against any claim or complaint made by a third party, caused or resulting from a breach on your part of these Terms and Conditions or any document included in it as a reference, from a breach on your part of any laws or rights of these third parties or from the use by you of the Site, or the use of the Site by another person using your personal details (username and password) whether or not with your authorisation.
18.1. We are committed to providing a safe and responsible platform for our customers to use our Services, and we are fully committed to assisting our customers who have become addicted to gambling, or who we consider may be at risk of becoming addicted, in dealing with their problems and obtaining the advice and help they need.
18.2. Everest Poker offers a variety of tools to assist you in managing your gambling, including temporary and permanent self-exclusion, and setting of deposit limits. For more information on responsible gaming and how our tools work, please refer to our Responsible Gaming page which can be found by clicking on the Responsible Gaming link on the bottom of any page on the Site.
18.4. In requesting self-exclusion, you agree to provide full and accurate personal details, now and in the future, so your access/use of the Website can be restricted. If you do choose to self-exclude, we will use all reasonable endeavours to ensure we comply with your self-exclusion.
18.5. Any Account that is blocked through use of our permanent self-exclusion procedure cannot be unblocked. We will use our best endeavours to ensure that, if you have requested permanent self-exclusion from our Services, you will not be able to open a new Account with us. However, in the event that you succeed in opening a new Account by using false data, or via any similar means, you agree that all liability for any losses subsequently incurred by you as a result of using our Services will fall on you and will not fall on Everest Poker. Should we become aware that you have used false data, or any similar means, to open an Account with us, we reserve the right to immediately close that Account. Please refer to our Responsible Gambling page for more detailed information regarding temporary and permanent self-exclusion and the other responsible gaming tools which Everest Poker offers.
18.6. During a period of self-exclusion, we will not send you any marketing material and we cannot accept any deposits or bets from you. We will close your Account and return any money to you, excluding any sums that might be then due to Everest Poker.
18.7. If you bring your gambling addiction to our attention we will do our best to put you in touch with one or more agencies or individuals in the territory in which you reside that are specialists in dealing with problem gambling.
18.8. We reserve the right at our sole discretion to block or close your Account and return any balance standing in your favour to you if we consider that you have a gambling addiction and that your continued use of our Services is detrimental to your health and wellbeing. If you request us to do so, we may agree to return a balance standing in your favour to an account that is not your usual account under your control.
19.1. All copyright, trade marks, patents and other intellectual property rights in any material or content (including without limitation software, data, applications, information, text, photographs, music, sound, videos, graphics, logos, symbols, artwork and other material or moving images) contained in the Site ("Content") is either owned by us or has been licensed to us by the rights owner(s) for use as part of the Services. Any use of such items or rights without the owner’s express prior written consent is not permitted. All rights are expressly reserved.
19.2. In particular, you shall not be entitled, in respect of any Content (wholly or partly), to engage in any of the prohibited activities listed below (together the “Prohibited Activities”):
19.2.1. to sell, assign, sub-license or pass it on in any other way to any third parties or to allow third parties to access it unless and to the extent expressly permitted; or
19.2.2. to change, edit, modify, reformat or adapt it in any other way.
19.2.3. to copy, redistribute, reverse engineer or attempt to access the source code for any purpose whatsoever;
19.2.4. to use the Site in any unlawful manner or for any unlawful purpose, or in any manner inconsistent with these Terms and Conditions.
19.3. In the event of your carrying out any of the Prohibited Activities you shall be fully liable for any damages, costs and expenses arising therefrom.
19.4. We grant you a personal non-exclusive, non-transferable and non-assignable right to view and use the Content via your PC, mobile telephone or other access device for private, non-commercial purposes only and subject to your strict compliance with these Terms and Conditions.
19.5. You may copy the Content in an unchanged form for private use on your own PC, mobile phone or other access device if and to the extent that such copying is required for the proper use of our Services or the Content and such copying is permitted by the copyright owner.
19.6. You will notify us immediately if you become aware of any unauthorised use or copying of any Content or any part of the Site or any unauthorised access to the Site or other unauthorised activity, including but not limited to any Prohibited Activity in connection with the Services by any person (legal or human). You agree that you will provide us with all reasonable assistance with any investigation that we carry out pursuant to the information that you provide. You hereby grant us a perpetual, irrevocable, royalty-free, world-wide licence to reproduce, transfer, modify, adapt and/or publish any Content provided by you to us by email or otherwise on the Site as we see fit and without notice to you, unless you have indicated otherwise in such communication.
20.1. Nothing in these Terms and Conditions shall limit or exclude Everest Poker’s liability for:
(a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation;
(c) anything which by law Everest is not permitted to exclude in any applicable jurisdiction.
20.2 Subject to clause 21.1, Everest shall not be liable for:
20.2.1. any loss or damage incurred arising from your use of the Site, including where appropriate, relating to loss of business, loss of profits, business interruption, loss of business information, or any other losses (even where we have been notified by you of the possibility of such loss or damage);
20.2.2. any loss or damage arising either directly or indirectly from your use of any link to any website contained on the Site;
20.2.3. any delays or interruptions to the Services, errors in any information or services provided (such as entry and transmission of data), any loss or corruption of data or communication or lines failure, any accidental transmission of viruses or other harmful agents, unauthorised use or misuse of your Account;
20.2.4 any software error; or
20.2.5 any event of force majeure.
20.3 Except as set out in these Terms and Conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Agreement.
21.1. Any software error or malfunction which is or which may be evidenced by Everest Poker to have occurred on any of its systems or those provided by any of its software providers shall void the bet, or the game. You shall be entitled to the full amount of your stake in relation to such bet or game. Everest Poker hereby excludes all further liability for any such software malfunction.
21.2 Any user who detects a malfunction on the gaming software must inform Everest as soon as the malfunction is discovered by contacting firstname.lastname@example.org Everest Poker may take all necessary measures in the case of abuse of any malfunction by any user, including but not limited to, blocking the Everest Poker Account concerned, freezing the funds, and withholding and/or cancelling the payment of any and all winnings resulting directly or indirectly from the malfunction. If there are insufficient funds in the Account, Everest Poker is entitled to claim or otherwise appropriate the relevant outstanding amount relating to any winnings paid out in error which shall be a debt from you to Everest Poker until fully and finally repaid.
22.1. Whilst it is intended that the Site will at all times operate under our existing licences, We reserve the right to switch the operation of the Site to another jurisdiction at any time, for example for disaster recovery purposes. In this case and depending on the Betclic Everest Group structure at the time, one or more other companies in an alternative jurisdiction may act as agent for and provide services to us in order to ensure that the Site remains available to you, subject to the provisions of these Terms and Conditions and compliance with any applicable licence conditions.
23.1. You may contact us at any time should you have questions or need assistance. To provide a better service and for your protection, telephone conversations may be recorded and/or monitored by designated staff.
23.2. We will not tolerate any derogatory, abusive or violent behaviour by you to any of our employees. Should you behave in any such manner (to be determined solely by us), we reserve the right to suspend and/or close your Account, and/or take any other measures as deemed appropriate.
23.3. If you have any complaints, please email Customer Service at email@example.com. We will use our best efforts to resolve a reported matter promptly.
23.4. . If for some reason you are not satisfied with the resolution of your complaint by us, you may then submit a formal complaint to the Malta Gaming Authority (MGA) at firstname.lastname@example.org .
24.1. Should we delay or fail to enforce our rights under these Terms and Conditions, this does not mean that we are losing or waiving the rights afforded by them where set timelines have not been set out. The same shall also apply to you.
24.2. We will not be liable to you for any breach of these Terms and Conditions which arises because of any circumstances that we cannot reasonably be expected to control.
24.3. These Terms and Conditions form the entire understanding between you and us concerning your use of the Service and supersede all previous agreements relating to the Service.
24.4. If any part of these Terms and Conditions is determined to be legally invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms and Conditions shall continue in effect.
25.1. The English language version of these Terms and Conditions will prevail over any other language version which we may issue from time to time.
26.1. You agree that we may amend, modify, update or change in any other way these Terms and Conditions at any time at our sole discretion. Any such changes will be binding and immediately effective on posting on the Site or on notification to you. It is your responsibility to ensure that you are aware of the current Terms and Conditions and you agree that continued use of the Site will be deemed to constitute your acceptance of the changes to the Terms and Conditions.
27.1. This Agreement is governed by the laws of Malta, whose courts shall have exclusive jurisdiction to settle any dispute arising therefrom. We cannot accept responsibility under the laws of any other jurisdiction.
28.1. Information regarding poker promotions and how to use and redeem bonuses can be found in the Official House Rules on the Site and on the landing pages of the promotions.