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

PART B: GENERALLY APPLICABLE TERMS

CREATING AN ACCOUNT

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