GENERAL CUSTOMER TERMS

INTRODUCTION

Welcome to our Apps – we hope you have fun with us! We pride ourselves on providing the most exciting Games in a safe and secure environment with players from all around the world.

These general terms of service (the “General Terms”) explain the things you need to know about using our Services. Thank you for taking the time to read them. If after reading them you still have questions, please contact us via the App you are using or send an email to spmi@flutterint.com.

THE ESSENTIAL BITS

The General Terms are a legally binding contract made between you and us, which you accept by checking the box when you first open an App or by otherwise accessing and using an App. Everything in the General Terms is important and has the potential to affect your interests, so please read the General Terms in full before you accept them. Reading them will take about 15 minutes. However, to make it easier for you to understand the General Terms and what they mean for you, we’d like to highlight the following:

  • Part A – App Specific Terms includes details you need to know that are specific to the Apps, such as information about us and our contract with you.
  • We want to provide a safe, enjoyable space for all players. This includes holding players to certain standards of conduct when using our Services. The account terms and standards that apply to all our players, wherever they play, are set out in Part B – Generally Applicable Terms.
  • When you see capitalised words and phrases in the General Terms, it means they have a specific meaning. Those meanings are given in Part C – Definitions, which you can always refer to. Part C also contains a full Contents List, so that you can easily view the different Parts and Sections of the General Terms.

Key things you need to know:

  • Download – register – play. To get started, all you need to do is download an App. There are some eligibility criteria you need to meet, such as being a certain minimum age, and the Account must be for your own, personal use. All the Account Requirements are listed in Part A Section 5.
  • Virtual Items have no monetary value. Even though you may be able to “earn” Virtual Items through gameplay and/or “buy” them with real money, Virtual Items have no monetary value, and what you are in fact “earning”/”buying” is a limited right to use them in certain Games. All “purchases” of Virtual Items are handled by the App Store you downloaded the App from, not by us, so any queries about your transactions (including any request for a refund) must be directed to that App Store. You are only allowed to use the Virtual Items for their intended purpose within the App. You are not allowed to give or sell your Virtual Items to or buy/receive them from anyone else (on or off the App), use anyone else’s Virtual Items, or let anyone else use them.
  • Errors, Malfunctions and Interruptions - when we will wipe Virtual Items. In certain situations where something goes wrong with the Services, we may need to wipe Virtual Items from your Account. Specifically, we will do this if an ‘Error’, ‘Malfunction’, or ‘Interruption’ happens to the Services or Software while you are using them. Each of these words has a particular meaning, so please carefully read the definitions in Part C Section 1. We will do this even if the Error, Malfunction or Interruption in the Services or Software was not apparent to you or to us at the time, and only came to light after we reviewed the situation. Part B Section 3 explains this in full.
  • Prohibited Events - when we will restrict, suspend or close your Account. Integrity of the Services and between players is important to us. To maintain it, we will restrict or suspend your Account, your ability to play certain Games, and/or any other aspect of your access to or use of the Services, if we believe you have taken part in a Prohibited Event. A ‘Prohibited Event’ is an event or practice that is not allowed in relation to the Services or Software. It includes things like cheating, collusion, providing untrue or misleading information, and using the Services in a disruptive, offensive or illegal way. Please carefully read Part B Section 8, which lists all the different Prohibited Events, and ensure you do not take part in any of these things. Please also carefully read Part B Section 10, which provides more detail about our rights to restrict, suspend or close your Account for Prohibited Events.
  • Prohibited Events - when we will wipe Virtual Items. If we find out you have taken part in a Prohibited Event, then to maintain the integrity of the Services we will wipe any Virtual Items attributable to the Prohibited Event.
  • What happens when your Account is closed for any reason. Your progress in any Game and all Virtual Items will be wiped when your Account is closed, and they will not be recoverable.
  • When we are always legally responsible to you. There are certain things prescribed by law we will always be responsible for, and nothing in the General Terms affects that, even if something we say suggests otherwise (such as in the following bullet points). For example, nothing in the General Terms affects any statutory rights you have as a consumer.
  • We have no responsibility for things we can’t control. You won’t be entitled to any compensation if we can’t provide any Services or do any of the things we say we will under the General Terms, or if you lose out financially in any way, because of things we don’t have control over. For example, we won’t compensate you if change in a law or regulation means we can’t operate the App you are using and you lose Virtual Items as a result. We call each of these things an ‘Event Beyond Our Control’. Please carefully read this definition in Part C Section 1, which gives you more examples, as well as Part B Section 13 which explains all this in more detail.
  • Other situations where we have no responsibility. We have no responsibility to you (for example we don’t have to compensate you) when neither of us could have anticipated the outcome of a situation, or we are not at fault in a situation. For example, we will not be responsible for anything: (1) you could have avoided by taking reasonable action; (2) caused by you providing invalid, incomplete or incorrect information; (3) resulting from a Prohibited Event; (4) resulting from an Error, Malfunction or Interruption; or (5) resulting from our decision to restrict, suspend or close your Account as allowed by the General Terms. Please carefully read Part B Section 14, which explain all this – as well as when you need to compensate us and when we will and will not be legally responsible – in more detail.
  • We are only responsible to you up to a certain amount. If we are found to be legally responsible to you, the most we will ever compensate you is GBP 250.

PART A: APP SPECIFIC TERMS

INFORMATION ABOUT YOUR ACCOUNT AND YOUR CONTRACT WITH US

1. Who we are

Stars Play Mobile Ireland Limited, a company incorporated in Ireland (company number 709065) with registered address at Belfield Office Park, Beech Hill Road, Clonskeagh, Dublin, DO4 V972, Ireland and Irish VAT number IE 0656323K ("Stars Play"). Stars Play is part of Flutter Group.

2. The contract between you and us

The General Terms apply to your access and use of the Services. By clicking to accept the General Terms when you first open an App, or by otherwise accessing and using the Services, a contract is created and you will be legally bound by the General Terms and any additional terms and conditions that form part of the General Terms (these are listed in Part A Section 15 and called ‘Rules’). If you don’t agree to the General Terms or any part of them (including the Rules), you shouldn’t access or use the Services or the relevant part of them.

3. Changes to the General Terms

We may change the General Terms at any time, for example to correct information, reflect changes to the Services or our business practices, or to comply with applicable law or a change in our regulatory requirements. We will tell you about any significant changes to the General Terms before they take effect. If you don’t agree to the changes then you should stop using the Services. You will be deemed to have accepted the changes if you continue to use the Services after the date the changes take effect.

We encourage you to regularly check the version of the General Terms available on the Apps. You can also find the General Terms on our website www.starsplaymobile.com and you can download a copy.

4. How to create an Account
4.1

You are able to use some of our Services without having to register any personal information with us. Where this is the case, we will give you a guest Account.

4.2

If you choose to, you can also sign into the Services in one of the following ways (depending on what is available for the relevant App):

4.2.1 using the username and password you use for the App Store you downloaded the App from;

4.2.2 using Social Media Account log in details; and/or

4.2.3 if you have an existing account on any PokerStars website or app, using your user ID and password for that account.

4.3

Whether you have a guest Account or you sign-in to your Account, we will assign you a unique Username.

5. Account Requirements
5.1

To create and use an Account you must:

5.1.1 meet the minimum age requirements for the relevant App Store and any other age restrictions we apply to an App;

5.1.2 not previously have held an Account that has been closed by us for a Prohibited Event, or had an account closed by any other company in the Flutter Group for similar reasons;

5.1.3 not currently be on any list of persons that would prohibit us from offering the Services to you (for example a sanctions list);

5.1.4 register the Account in your own name, on the basis of your own freely made choice, and solely for your own personal use, entertainment and benefit, not on behalf of or at the direction of anyone else; and

5.1.5 reside in a jurisdiction from which we accept Users from time to time and ensure that your use of the Services is lawful in your jurisdiction (we are not able to verify the legality of the Services in every jurisdiction).

5.2

By creating an Account you confirm and promise that: (a) you meet the Account Requirements at the point of registration; (b) you will continue to meet the Account Requirements for so long as you have an active Account; and (c) you will promptly tell us if you stop meeting any of the Account Requirements for any reason.

6. Information you need to provide, and when we will verify your information
6.1

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

6.2

If necessary to meet our regulatory or other legal obligations or business requirements, we may at any time ask you to comply with Verification Requests. This could include providing personal details and copies of documentation such as your passport, driving license, other government-issued photo ID, utility bills and/or bank statements, attending phone or video calls, and/or recording playing sessions.

7. Geographical restrictions
7.1

You must not access or attempt to access the Services from, or be a resident of, any location which is subject to any trade or economic sanctions, embargos or similar laws or regulations from time to time, such as Cuba, Iran, North Korea, Syria and the Luhansk, Donetsk and Crimea Regions of Ukraine. To do so would be a serious breach of the General Terms and therefore a Prohibited Event.

7.2

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

8. In-App “purchases” of Virtual Items
8.1

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

8.2

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

9. Prohibited Events – when we will void transactions

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

10. Closing your Account for convenience
10.1

You may at any time ask us to close your Account, by contacting us via the App you are using.

10.2

We may close your Account at any time for any reason. We will let you know if we plan to close your Account, by sending a message on the relevant App. We will try to give you as much notice as possible. This does not affect our rights under the General Terms to close your Account for other reasons (such as a change in law or regulation, or if you are involved in a Prohibited Event).

11. Our maximum liability to you
11.1

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

11.2

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

12. How to get help with or make a complaint about the Services

If you need to contact us, either with a general query or to make a complaint, please get in touch via any of the contact methods listed in the App you are using or send an email to spmi@flutterint.com. Our customer support representatives will ensure your query or complaint is answered or referred to the appropriate specialist team.

13. Governing law and jurisdiction
13.1

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

13.2

Despite what we say in Section 13.1 above, nothing in the General Terms affects either: (i) any rights granted to you as a consumer under mandatory provisions of any law applicable to you; or (ii) our right to take proceedings against you in any court of competent jurisdiction, nor will the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.

14. Prevailing language

The English language version of the General Terms will take precedence if there is any discrepancy between any translated versions of the General Terms.

INFORMATION ABOUT GAMES AND SERVICES

15. Availability of the Services
15.1

Except for our responsibility under Part B Section 14.1, the Services are provided on an “as is” and “as available” basis. We do not guarantee which Games or other Services will be available via any App at any time, or that the Services or Software will be free from Errors, Malfunctions or Interruptions.

15.2

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

16. Other terms and conditions that form part of the General Terms
  • Casino Game Rules are additional terms and conditions (including paytables) found within certain casino and slot Games (including Flutter Group Games and third party Games) that apply whenever you play the relevant Game

By checking to confirm you’ve read and understood the General Terms, you are also confirming that you have read and understood the above Rules, which are incorporated into the General Terms by reference. The Rules are important. You should read the relevant Rules carefully and in full before accepting the General Terms and in any event before using the Services or playing the Games to which they relate. The Rules apply in addition to the General Terms. When using the relevant Services or Games, references to the General Terms include the Rules corresponding to them. If you don’t agree to the Rules or any part of them, you shouldn’t access or use the Services or Games to which they relate.

PART B: GENERALLY APPLICABLE TERMS

CREATING AN ACCOUNT

1. Additional information about creating an Account
1.1

There is no payment required for downloading or accessing the Services or Software or creating an Account.

1.2

We are under no obligation to open any Account. We may refuse to open an Account for any reason (including failure to meet any Account Requirements).

2. Account security and avatars
2.1

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

2.2

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

WHEN WE WILL VOID VIRTUAL ITEMS

3. Errors, Malfunctions and Interruptions – when we will wipe Virtual Items

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

3.1

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

3.2

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

3.3

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

HOW VIRTUAL ASSETS ARE MANAGED

4. Your license to use Virtual Items
4.1

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

4.2

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

4.3

Virtual Items (where available) are for in-Game use only. You must not sublicense, trade, sell, or transfer Virtual Items for value of any kind outside of the relevant Game, or attempt to do any of these things (to do so would be a serious breach of the General Terms and therefore a Prohibited Event).

4.4

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

5. Taxes

If any sales or value-added tax applies to any payments made by you in connection with your use of the Services, such payments shall be treated as inclusive of all such tax.

YOUR USE OF THE SERVICES

6. What we mean by ‘Unacceptable Conduct’
6.1

You must not:

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

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

6.1.3 use any Prohibited Tools and Services;

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

6.1.5 directly or indirectly use more than one account (whether an Account or any other Flutter Group account) in the same player or prize pool at the same time (e.g. if you play on or have more than one account open at the same poker table or in the same poker tournament, you buy-in to any Game using more than one account, or you enter into any prize pool with more than one account), whether any play activity actually occurs on any such account or not (this does not affect anything we say elsewhere in the General Terms about Duplicate Accounts);

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

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

6.1.8 attempt to bypass any filters we apply to chat facilities on the Services (for example where we asterisk out profanities and other unacceptable words);

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

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

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

Each of these actions is "Unacceptable Conduct".

6.2

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

6.3

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

7. Our intellectual property and what we mean by ‘Unauthorised Use’
7.1

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

7.2

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

7.3

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

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

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

7.3.3 extract any Software from the Services;

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

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

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

7.3.7 attempt to gain unauthorised access to the Apps or Gaming Platform, the servers on which the Apps/Gaming Platform are stored, or any server computer or database connected to the Apps or Gaming Platform;

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

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

Each of these actions is an "Unauthorised Use".

8. Prohibited Events
8.1

The following are "Prohibited Events":

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

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

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

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

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

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

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

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

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

8.2

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

9. Rules about using third party tools and services

We may (in addition to our other rights) take steps to detect and prevent the use of Prohibited Tools and Services and Prohibited Player Assistance Practices. You must not attempt to bypass, interfere with, or block such steps in any way, whether by using software designed for the purpose or otherwise (to do so would be a serious breach of the General Terms and therefore a Prohibited Event).

ACCOUNT CLOSURE, RESTRICTION AND SUSPENSION

10. When we will restrict, suspend or close your Account for Prohibited Events

We will restrict or suspend your Account, your ability to play Games, and/or any other aspect of your access to or use of the Services, where we have reason to believe that you have been involved, or are likely to be involved, in a Prohibited Event.

A “restriction” is where a limitation is placed on your access to or use of a particular product, feature or part of the Services or your Account. An example of a restriction is that if you take part in Unethical Play, we will restrict seating and/or prohibit Users from playing at a particular poker table or in a particular tournament (this may include restricting two or more Users from playing together at the same table or in the same tournament and does not affect any other actions we are allowed to take under the General Terms).

A “suspension” is where you are temporarily prevented from accessing your Account or the Services as a whole.

10.1

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

10.2

If we restrict, suspend or close your use of the Services/Account under this Section 10 then:

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

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

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

11. Other ways your Account can be restricted, suspended or closed by us for cause

We will restrict, suspend or close your Account, the Services (in full or part) or your access to or use of them, if required for legal or regulatory reasons or to comply with the relevant App Store rules from time to time, or if we reasonably believe there to be a security risk.

12. What happens when your Account is closed for any reason

You remain responsible for activities using your Account until it is closed. We will tell you when your Account will be closed. Your progress in any Game and all Virtual Items will be wiped when your Account is closed, and they will not be recoverable.

WHEN WE ARE NOT RESPONSIBLE AND WHEN YOU MUST COMPENSATE US

13. We are not responsible for any Event Beyond Our Control
13.1

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

13.2

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

14. General exclusions of and limits on our liability, and when you must compensate us
14.1

Nothing in the General Terms excludes or limits our responsibility for:

14.1.1 our fraud or fraudulent misrepresentation;

14.1.2 death or personal injury resulting from our negligence or the negligence of our employees or agents; or

14.1.3 any other liability which may not be excluded or limited by applicable law (such as liability under mandatory provisions of applicable consumer law).

14.2

Except under Section 14.1, we will not be responsible under the General Terms for any loss:

14.2.1 that could not have been reasonably expected by you and us at the time you register your Account or enter into a transaction on the Services. In all circumstances this includes any loss of income, business, savings or profits;

14.2.2 that you could have avoided by taking reasonable action;

14.2.3 arising from your provision to us of any invalid, incomplete or incorrect financial or personal data;

14.2.4 arising from any Prohibited Event;

14.2.5 arising from any Error, Malfunction or Interruption; or

14.2.6 arising from our restriction, closure or suspension of your Account, or our taking of any other action, in accordance with the General Terms.

14.3

You must compensate us for any costs, charges or losses sustained or incurred by us arising from your participation in a Prohibited Event.

14.4

If there is a cap on our total liability to you, or your liability to us, it will be set out in Part A. Any such cap(s) on liability will not affect our responsibility under Section 14.1.

LEGAL STUFF

15. How we use your information

We process information about you in accordance with our Privacy Policy, which you should also read.

16. How we treat the General Terms
16.1

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

16.2

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

16.3

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

16.4

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

PART C: DEFINITIONS AND CONTENTS

1. Definitions
1.1

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

Account: A User account on an App.
Account Requirements: The eligibility criteria for creating and using an Account, as set out in Part A Section 5.
App Store: An online shop where customers can purchase and download software applications, such as Apple App Store, Oculus Store and Google Play Store.
Apps: The app(s) made available by Stars Play on an App Store in the jurisdiction in which you are located (and “App” means any one of them).
Error: Any omission, incompleteness, mistake or error in or relating to the Services, whether human, technical, administrative, operational, systematic, a combination of any or all of these, or otherwise. For example, the mistaken offer of incorrect prices or terms for participation in a Game.
Event Beyond Our Control: Any event beyond our reasonable control such as: (a) war, terrorist activity, riots, malicious damage, fire, flood, storm, nuclear accident, disease, epidemic or pandemic (such as Covid-19); (b) the actions of any government or authority (including the introduction of any new law, any governmental, authority or court order, rule, regulation or direction, and the refusal or revocation of any license or consent); (c) any defect, outage, slowness, capacity constraint or other deficiency affecting any telecommunications network, internet access service or device used by you to access or use the Services; (d) any delay, failure or suspension affecting any banking network or other payment processing system used in connection with the Services (including any processing delay, reprocessing or reversal of a transaction, or the seizure or freezing of funds by any by third party involved in the processing of funds); and (e) any charge or fee applied by your card issuer, bank, wallet provider, or financial institution in connection with your use of the Services.
Flutter Group: The group of companies that are controlled, directly or indirectly, by Flutter Entertainment Plc (including us).
Games: The games made available to you via the Apps and Gaming Platform (and ‘Game’ means any one of them).
Gaming Platform: The gaming platform(s) made available to you in connection with the Apps.
Interruption: Any break in the continuity or uniformity of or interruption or delay in or to any part of the Services, for example if a Game freezes while you are playing it or you lose internet connectivity.
Login Credentials: Your Username, password, and any other security credentials used to access your Account (such as multi-factor authentication, RSA token data and any PIN, depending on what is available for the App you are using).
Malfunction: When any technology, software, automated process or set of instructions, data or programs used to execute specific tasks fails to operate as designed or intended. For example, if a virus affects the Services, or when computer hardware or software deviates from its intended performance specifications or parameters or where two pieces of software fail to interface or communicate with each other in the manner designed or intended, in either case producing a result which is not the result that was designed or intended. 
PokerStars/we/us/our: The Flutter Group company identified in Part A Section 1.
Prohibited Events: Certain events and practices that are not allowed in relation to the Services or Software, as defined in Part B Section 8.1.
Prohibited Player Assistance Practices: In connection with the Services the practices of: (a) datamining hands, results, statistics or feeds (for example observing Games without playing in order to build up a database of hand histories for future reference); (b) using hands, results, statistics or feeds acquired through datamining; or (c) mass sharing hands, results, statistics or feeds for the purpose of analysing opponents.
Prohibited Tools and Services: Any online or offline tool or service (including artificial intelligence, “bots” and other computer programs and software) which is used to execute or assist in the execution of any action relating to the Services and is designed to provide an unfair advantage to Users, including those which: (a) play without human intervention or reduce the requirement of a human to make decisions (for example by helping you decide what action to take in respect of a bet or the exact relative size of any bet or raise, including “auto-folders” and tools that randomise the size of bets); (b) offer real-time advice on what action to take; (c) share hole card data with other Users or services; (d) is targeted towards the manipulation of opponents in Games in which you are unable to choose a specific table to play on; (e) is designed for poker table selection efficiency, for example by filtering or sorting available tournaments, or automating/semi-automating the process of joining available tournaments based on opponent gameplay statistics or notes; (f) is designed for ring game selection efficiency; (g) automate mouse clicking or simulate keyboard input (“auto clickers”); (h) delay a player’s decision by either a specific or randomized amount of time; or (g) during Game play: (i) provide advice beyond a basic level (such as a large collection of tables offering recommendations beyond whether to play certain hands or not in unopened pots); (ii) are designed specifically to ease referral to reference material; or (iii) compute advanced equity calculations, such as range vs range simulators, ICM or Nash Equilibrium-based programs.
Rules: Any additional terms and conditions identified in Part A as forming part of the General Terms.
Services: The Apps, Gaming Platform and Games.
Social Media Account: An account on a social media platform, such as a Facebook or Instagram account.
Software: All software underlying the Services (whether downloadable or not).
Unacceptable Conduct: This is defined in Part B Section 6.1.
Unauthorised Content: Any content (including photographs, images and text) which: (a) is offensive, racist, discriminatory, blasphemous, pornographic, obscene, vulgar, profane, indecent, abusive, threatening, harassing, insulting, intimidatory, defamatory, expresses or is liable to incite racism, bigotry or hatred, unlawful or illegal; (b) advertises, promotes or otherwise relates to any online or offline ventures, products or services other than the Services; (c) infringes any intellectual property, privacy, image or other rights; and/or (d) you’re not permitted to use.
Unauthorised Use: This is defined in Part B Section 7.3.
Unethical Play: Cheating, collusion, team play, game manipulation, or other unethical play of any kind when using the Services, including: (a) sharing poker hole cards; (b) playing less aggressively against a partner in a poker Game (“soft playing”); (c) playing a Game a certain way for the benefit of another User, for example by intentionally losing a poker hand in order to deliberately transfer chips to another User ("chip-dumping"); (d) intentionally manipulating play in order to end a poker Game quickly or prematurely (for example “flipping”); (e) card counting (except in peer-to-peer poker Games); and/or (f) during Game play, discussing table strategies, chatting about the hand in play, or engaging in any other communication that might give an advantage to other Users.
User: Any end user of any Services (including you).
Username: The unique username assigned to your Account.
Verification Requests: Any request for you to prove you are who you claim to be, including any request for you to prove your identity, addresses, age, circumstances, funds and/or other details.
Virtual Items: Certain virtual items within Games, such as chips, scratchers, spins, xp points, virtual gold bars, avatars, table and card skins, table items, premium content access and subscriptions.
You/you: You as the User of the Services.

1.2

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

1.3

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

2. Contents

PART A: APP SPECIFIC TERMS

INFORMATION ABOUT YOUR ACCOUNT AND YOUR CONTRACT WITH US

1. Who we are
2. The contract between you and us
3. Changes to the General Terms
4. How to create an Account
5. Account Requirements
6. Information you need to provide, and when we will verify your information
7. Geographical restrictions
8. In-App “purchases” of Virtual Items
9. Prohibited Events - when we will void transactions
10. Closing your Account for convenience
11. Our maximum liability to you
12. How to get help with or make a complaint about the Services
13. Governing law and jurisdiction
14. Prevailing language

INFORMATION ABOUT GAMES AND SERVICES

15. Availability of the Services
16. Other terms and conditions that form part of the General Terms

PART B: GENERALLY APPLICABLE TERMS

CREATING AN ACCOUNT

1. Additional information about creating an Account
2. Account security and avatars

WHEN WE WILL VOID TRANSACTIONS AND RECOVER OR NOT PAY OUT BALANCES AND WINNINGS

3. Errors, Malfunctions and Interruptions - when we will wipe Virtual Items

HOW VIRTUAL ASSETS ARE MANAGED

4. Your license to use Virtual Items
5. Taxes

YOUR USE OF THE SERVICES

6. What we mean by ‘Unacceptable Conduct’
7. Our intellectual property and what we mean by ‘Unauthorised Use’
8. Prohibited Events
9. Rules about using third party tools and services

ACCOUNT CLOSURE, RESTRICTION AND SUSPENSION

10. When we will restrict, suspend or close your Account for Prohibited Events
11. Other ways your Account can be restricted, suspended or closed by us for cause
12. What happens when your Account is closed for any reason

WHEN WE ARE NOT RESPONSIBLE AND WHEN YOU MUST COMPENSATE US

13. We are not responsible for any Event Beyond Our Control
14. General exclusions of and limits on our liability, and when you must compensate us

LEGAL STUFF

15. How we use your information
16. How we treat the General Terms


Version no: v1.0

In force from: November 17, 2022